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HomeMy WebLinkAbout1938RESOLUTION NO. 1938 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14 -22, WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND THE EXISTING CONDITIONAL USE PERMIT WHICH IS FOR A DAY SPA AT 70 AND 72 W. LIVE OAK AVENUE TO REDUCE THE SIZE OF THE BUSINESS TO ONLY 70 W. LIVE OAK AVENUE AND LIMIT THE SERVICES TO MASSAGE WHEREAS, on December 22, 2014, Ms. Xiu Qiu Chen submitted Conditional Use Permit Application No. CUP No. 14 -22 to amend the existing Conditional Use Permit (CUP 10 -18) to reduce the services offered at the existing day spa from hair, facial, and massage to massage -only and to reduce the size of the business from 1,579 square feet to 869 square feet at 70 W. Live Oak Avenue; and WHEREAS, on May 11, 2014, Planning Services completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) and recommended that the Planning Commission determine the project is exempt from further CEQA review because the project has no potential to cause any significant effect on the environment, and qualifies as a Class 1 Exemption per Section 15301 of the CEQA Guidelines for interior alterations to an existing facility; and WHEREAS, on May 26, 2015 and June 9, 2015, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff reports dated May 26, 2015 and June 9, 2015, is true and correct. SECTION 2. This Commission finds, based upon the entire record: a. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FACT: Provided the proposed massage business operates in compliance with all applicable regulations, the business will not be detrimental to the public health or welfare, or the surrounding properties. A massage business is a retail personal service business that is consistent with the Commercial Manufacturing (CM) Zoning, and the Commercial General Plan Land Use Designation of the site, and will not conflict with the other uses in the neighborhood. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the site is CM, Commercial Manufacturing, and Arcadia Municipal Code Section 9265.1 allows massage businesses in the CM zone with an approved Conditional Use Permit. c. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. FACT: The subject property can accommodate the proposed massage business. With the exception of the Modification that was granted for the substandard lengths of the parking spaces, the subject property will meet the parking requirement of 12 spaces. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: All of the surrounding streets; Live Oak Avenue, McCulloch Avenue, Wetland Avenue, and the alley to the rear provide convenient ingress and egress, and are adequate to serve the existing tattoo parlor, general office, and proposed massage business. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: The proposed massage business is a commercial use that is consistent with the Commercial Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. 2 f. The project is exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the project has no potential to cause any significant effect on the environment. FACT: That pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the project will not cause any significant effect on the environment, and is exempt pursuant to Section 15301 of the CEQA Guidelines, which exempts interior alterations to existing structures. SECTION 3. That for the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP No. 14 -22 to amend the existing Conditional Use Permit to reduce the services offered at the existing day spa from hair, facial, and massage to massage -only and to reduce the size of the business from 1,579 square feet to 869 square feet at 70 W. Live Oak Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 9th day of June, 2015. ATTEST: APPROVED AS TO FORM: P Oca-c-ca Stephen P. Deitsch City Attorney 3 Chairman, Planning Commission RESOLUTION NO. 1938 Conditions of Approval 1. The parking area shall be re- striped to the configuration that existed when CUP 10 -18 was approved in 2011 with the only deviation being the conversion of one parking space to a loading zone for the handicap parking space. This requirement shall be fulfilled to the satisfaction of the Community Development Administrator prior to the transition of the business to the proposed massage - only use. 2. The storefront windows shall not be obscured by curtains, blinds, or dark window tint. 3. The use approved by CUP 14 -22 is limited to a massage -only establishment stated for this application, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14 -22, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring businesses and properties. 4. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner /applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 14- 22 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the massage establishment. 6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 4 7. Approval of CUP 14 -22 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCAD IA I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1938 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 9TH day of June, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Lin and Falzone NOES: Commissioner Chiao ABSENT: Commissioner Baerg ry of the Planning Commission