HomeMy WebLinkAboutItem No. 1 - Resolution No. 1959 re CUP-15-14DATE: February 23, 2016
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jeff Hamilton, Contract Planner
SUBJECT: RESOLUTION NO. 1959 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 15-14 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE
A PET STORE WITH PET GROOMING AT 40 E. LIVE OAK AVENUE
Recommendation: Adopt Resolution No. 1959
SUMMARY
The applicant, Mr. Don Essertier, is requesting approval of a Conditional Use Permit to
operate a 1,670 square-foot pet store with pet grooming at 40 E. Live Oak Avenue. It is
recommended that the Planning Commission approve CUP 15-14, subject to the condi-
tions listed in this staff report, and adopt the attached Resolution No. 1959.
BACKGROUND
The subject commercial unit at 40 E. Live Oak Avenue is located in a one-story strip
commercial development with 32 on-site parking spaces, including 2 handicapped-
accessible spaces, behind the building – refer to Attachment No. 3 for an Aerial Photo
with Zoning Information and Photos of the Subject and Surrounding Properties. The
subject unit is the most easterly tenant space in the development – see Attachment No.
4 for the Site Plan and Floor Plans.
PROPOSAL
The applicant is requesting a Conditional Use Permit to operate a pet store with pet
grooming in the 1,670 square-foot tenant space. A Conditional Use Permit (CUP) is re-
quired for pet stores in the Mixed Use (MU) zone per Arcadia Municipal Code Section
9268.10. The proposed business hours are from 9:30 a.m. to 7:00 p.m., daily. It is ex-
pected that there will be five employees. The applicant originally wanted to sell and
board/kennel dogs at the site, but when told that these were not permitted uses in the
MU zone, he altered the proposal to eliminate those functions (see Attachment 5: Appli-
cation and Correspondence). The business is to be limited to the sales of pet supplies
and pet grooming and possibly small animals and fish, but no dogs or cats. The pro-
Resolution No. 1959 – CUP 15-14
40 E. Live Oak Avenue
February 23, 2016 – Page 2 of 6
posed floor plan will include a
sales area; a waiting area for
customers; a grooming area;
a restroom; and an employee
break room (refer to Attach-
ment No. 4 for the Site Plan
and Floor Plans). Except for
signage, no external changes
to the building are anticipated.
The most recent previous
business in the space was a
personal fitness operation. A
pawn shop is located to the
east and a small art tutorial
center is to the west.
ANALYSIS
The proposed pet store will occupy a unit that is currently vacant, but was previously
occupied by a small fitness operation. The CUP requirement for pet stores was adopted
to ensure that an overconcentration of such businesses does not occur, and to be sure
that pet noises will not impact nearby residences or businesses. Currently there are no
other pet stores within 1,000 feet along Live Oak Avenue, and by not having dogs or
other large animals, there should not be any noise issues after business hours.
The subject development is approximately
11,000 square feet in total building area. Under
current parking standards at the retail rate of
five (5) spaces per 1,000 square feet of gross
floor area, the development would need 55
spaces. Since only 32 are provided, there is a
23 space deficit; however, since the pet store
has the same parking requirement as retail us-
es, a Parking Modification is not required for
this application. The proposed pet store is
compatible with the surrounding uses, and
complies with the City’s General Plan and Zon-
ing Code.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. 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.
Resolution No. 1959 – CUP 15-14
40 E. Live Oak Avenue
February 23, 2016 – Page 3 of 6
The proposed use is to be operated as a pet store providing pet grooming. This use
will not be detrimental to the public health or welfare, or the surrounding properties.
A pet store is a retail business that is consistent with the Mixed Use (MU) Zoning
and General Plan Land Use Designation of the site, and will not conflict with the
other uses on site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
The zoning of the site is MU, Mixed Use, and Arcadia Municipal Code Section
9268.10 allows pet stores in the MU zone with an approved Conditional Use Permit.
3. That the site for the proposed use is adequate in size and shape to accom-
modate said use, and all yards, spaces, walls, fences, parking, loading, land-
scaping, and other features required to adjust said use with the land and uses
in the neighborhood.
The project site is located within a commercially-improved section of Live Oak Ave-
nue. The proposed pet store will occupy a 1,670 square-foot commercial unit that
was previously occupied by a small fitness operation. No exterior changes, except
signage are proposed for the use. There is an existing, legal-nonconforming parking
deficiency by Code requirements on the site of 23 spaces, but there is no evidence
of a parking problem at the site, and because the proposed use has the same park-
ing requirement as other retail uses, the proposed use will not increase the defi-
ciency. Except for the lack of a trash enclosure, the property features, lighting,
landscaping, and other improvements are adequate for this commercial develop-
ment. A trash enclosure is required as a condition of approval. The proposed pet
store will not require any other adjustments to the site.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
The site is located along E. Live Oak Avenue. Parking is at the rear of the building
with access from a public alley parallel to and south of Live Oak Avenue, connect-
ing to Myrtus Avenue to the east, and accessible from Live Oak and Santa Anita
Avenues through an adjacent parking lot. The alley and streets are adequate in
width and pavement type to carry the traffic that will be generated by the proposed
pet store, and will not impact these rights-of-way.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Approval of a commercial use, such as the proposed pet store with pet grooming is
consistent with the Commercial Land Use Designation of the site. The proposal will
not adversely affect the comprehensive General Plan.
The proposed project, with the recommended conditions of approval will satisfy each
prerequisite condition, and all City requirements regarding disabled access and facili-
Resolution No. 1959 – CUP 15-14
40 E. Live Oak Avenue
February 23, 2016 – Page 4 of 6
ties, 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 En-
gineer, Community Development Administrator, Fire Marshal, and Public Works Ser-
vices Director, or their respective designees. The changes to the existing facility are
subject to building permits after having fully detailed plans submitted for plan check re-
view and approval by the aforementioned City officials.
ENVIRONMENTAL ASSESSMENT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as the leasing of an existing facility, involving negligible or no expansion of
the existing use, which is a retail business, qualifies as a Class 1 Categorical Exemption
per the provisions of the California Environmental Quality Act (CEQA) pursuant to Sec-
tion 15301 of the CEQA Guidelines. Refer to Attachment No. 2 for the Preliminary Ex-
emption Assessment.
PUBLIC NOTICE
Public hearing notices for this item were
mailed to the property owners and tenants of
those properties that are located within 300
feet of the subject property on February 4,
2016.
RECOMMENDATION
It is recommended that the Planning Com-
mission conditionally approve the project and
exempt it per CEQA Section 15301, by
adopting Resolution 1959, which includes the
following conditions of approval:
1. The use approved by CUP 15-14 is lim-
ited to a pet store with pet grooming which shall be operated and maintained in a
manner that is consistent with the proposal and plans submitted and approved for
CUP 15-14, 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 ad-
verse impacts to the adjacent streets, rights-of-way, and/or the neighboring busi-
nesses and properties.
2. The applicant or property owner shall construct a trash enclosure, sized and de-
signed to comply with City requirements, including NPDES standards, on the prop-
erty prior to the issuance of a business license for the pet store. Said trash enclo-
sure shall be designed to the satisfaction of the Community Development Adminis-
trator or designee.
Resolution No. 1959 – CUP 15-14
40 E. Live Oak Avenue
February 23, 2016 – Page 5 of 6
3. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental reg-
ulation compliance, and parking and site design shall be complied with by the prop-
erty owner/applicant to the satisfaction of the Building Official, City Engineer, Com-
munity Development Administrator, Fire Marshal, and Public Works Services Direc-
tor, or their respective designees. The changes to the existing facility are subject to
building permits after having fully detailed plans submitted for plan check review
and approval by the aforementioned City officials.
4. Noncompliance with the plans, provisions and conditions of approval for CUP 15-14
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the pet store.
5. 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 deci-
sion. 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.
6. Approval of CUP 15-14 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and ap-
plicant have executed and filed with the Community Development Administrator or
designee an Acceptance Form available from the Development Services Depart-
ment to indicate awareness and acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve Conditional Use Permit No. CUP 15-14, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 1959
that incorporates the requisite environmental and Conditional Use Permit findings and
the conditions of approval as presented in this staff report, or as modified by the Com-
mission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should ap-
prove a motion to deny Conditional Use Permit Application No. CUP 15-14, stating the
Resolution No. 1959 – CUP 15-14
40 E. Live Oak Avenue
February 23, 2016 – Page 6 of 6
finding(s) that the proposal does not satisfy with reasons based on the record, and di-
rect staff to prepare a resolution for adoption at the next meeting that incorporates the
Commission’s decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the February 23, 2016, hearing, please contact Contract
Planner, Jeff Hamilton at (626) 574-5422, or at JHamilton@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1959
Attachment No. 2: Preliminary Exemption Assessment
Attachment No. 3: Aerial Photo with Zoning Information and Photos of Surrounding
Properties
Attachment No. 4: Site Plan and Floor Plans
Attachment No. 5: Application and Correspondence
Attachment No. 1
Resolution No. 1959
RESOLUTION NO. 1959
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 15-14 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE
A PET STORE WITH PET GROOMING AT 40 E. LIVE OAK AVENUE
WHEREAS, on December 21, 2015, Mr. Don Essertier submitted Conditional
Use Permit Application No. CUP 15-14 for a pet store with pet grooming at 40 E. Live
Oak Avenue (the “Project”); and
WHEREAS, on January 20, 2016, Planning Services completed an
environmental assessment for the Project in accordance with the California
Environmental Quality Act (CEQA), and recommended that the Planning Commission
determine the Project is categorically exempt per Section 15061(b)(2) of the CEQA
Guidelines (Review for Exemption) because the Project has no potential to cause a
significant effect on the environment, and because the Project is for leasing an existing
facility per CEQA Guidelines Section 15301, Class 1; and
WHEREAS, on February 23, 2016, 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 report dated February 23, 2016 are 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 of
vicinity.
FACT: The proposed use is to be operated as a pet store as well as pet
grooming. This use will not be detrimental to the public health or welfare, or the
surrounding properties. A pet store is a retail business that is consistent with the Mixed
Use (MU) Zoning and General Plan Land Use Designation of the site, and will not
conflict with the other uses on site, or 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 MU, Mixed Use, and Arcadia Municipal Code
Section 9268.10 allows pet stores in the MU 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 project site is located within a commercially-improved section of
Live Oak Avenue. The proposed pet store will occupy a 1,670 square-foot commercial
unit that was previously occupied by a small fitness operation. No exterior changes,
other than signage, are proposed for the use. There is an existing legal non-conforming
parking deficiency by Code requirements on the site of 23 spaces, but there is no
evidence of a parking problem at the site, and because the proposed use has the same
2
parking requirement as other retail uses, the proposed use will not increase the
deficiency. Except for the lack of a trash enclosure, the property features, lighting,
landscaping, and other improvements are adequate for this commercial development. A
trash enclosure is required as a condition of approval. The proposed pet store will not
require any other adjustments to the site.
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: The site is located along E. Live Oak Avenue with alley access from
Myrtus Avenue. The alley and street are adequate in width and pavement type to carry
the traffic that will be generated by the proposed pet store, and will not impact these
rights-of-way.
e.That the granting of such Conditional Use Permit will not adversely affect
the comprehensive General Plan.
FACT: Approval of a commercial use, such as the proposed pet store with pet
grooming is consistent with the Commercial Land Use Designation of the site. The
proposal will not adversely affect the comprehensive General Plan.
f.Provided a project has no potential to cause a significant effect on the
environment, it is eligible to be exempt from further CEQA review under Section
15061(b)(2) of the CEQA Guidelines (Review for Exemption).
FACT: Pursuant to the provisions of the California Environmental Quality Act
(CEQA), an environmental assessment was completed and it was determined that the
Project has no potential to cause a significant effect on the environment and is
categorically exempt pursuant to Section 15301 of the CEQA Guidelines, Class 1, which
3
exempts the leasing of existing facilities involving negligible or no expansion of the
existing use, which is a retail business.
SECTION 3. For the foregoing reasons the Planning Commission approves
Conditional Use Permit No. CUP 15-14, and determines that the Project is Categorically
Exempt per Section 15301 of the CEQA Guidelines, for a pet store with pet grooming at
40 E. 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 23rd day of February, 2016.
Chairman, Planning Commission
ATTEST:
______________________
Secretary
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
4
RESOLUTION NO. 1959
Conditions of Approval
1.The use approved by CUP 15-14 is limited to a pet store with the pet grooming
which shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 15-14, 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.
2.The applicant or property owner shall construct a trash enclosure, sized to comply
with City requirements, including NPDES standards, on the property prior to the
issuance of a business license for the pet store. Said trash enclosure shall be
designed to the satisfaction of the Community Development Administrator or
designee.
3.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. The changes to the existing facility are
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
4.Noncompliance with the plans, provisions and conditions of approval for CUP 15-14
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the pet store.
5.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
5
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.
6.Approval of CUP 15-14 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
applicant have 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.
6
Attachment No. 2
Preliminary Exemption Assessment
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1.Name or description of project:Conditional Use Permit Application No. CUP 15-14 for a pet store in the
Mixed Use (M-U) zone.
2.Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
40 E. Live Oak Ave.
(cross streets: Live Oak Ave. and Santa Anita Ave..)
3.Entity or person undertaking project:A.
B. Other (Private)
(1) Name Don Essertier
(2) Address
4.Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with
the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has
concluded that this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Class 1 (15301 ) Leasing of Existing Facilities
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt on
the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: January 20, 2016 Staff: Jeff Hamilton, Contract Planner
Preliminary Exemption Assessment\2011 FORM “A”
Attachment No. 3
Aerial Photo & Photos of Subject Property
and Surrounding Properties
Property Characteristics
Zoning: MU
General Plan: MU
Lot Area (sq ft): 24,870
Main Structure / Unit (sq. ft.): 11,400
Year Built: 1950
Number of Units: 0
Overlays
Parking Overlay: n/a
Downtown Overlay: n/a
Special Height Overlay: n/a
Architectural Design Overlay: n/a
Site Address:
Property Owner(s):
40 E LIVE OAK AVE
LIVE OAK DEVELOPMENT I LLC
Selected parcel highlighted
Parcel location within City of Arcadia
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated 03-Feb-2016
Page 1 of 1
40 East Live Oak Avenue is in the center with the pawn shop to the left and the art tutorial business on the right.
Storefronts east of the subject site.
Storefronts west of the site.
Citibank directly across the street.
Office building diagonally across the street to the west.
Rear of the site. Tenant space on far right.
Existing trash dumpster—non-conforming.
Attachment No. 4
Site Plan and Floor Plans
(E) FIRE HYDRANT
68.55'
180.00'170.00'
(E) TREE (TYP)
150.00'
SIDEWALK
50.00'
36.93'
13.08'
15.50'
100'
20'
(E) A.C. PARKING
PROPOSED
PET SHOP
&
GROOMING
(E) SUBJECT
RETAIL BUILDING
(E) ADJACENT
BUILDING
(E) ADJACENT
BUILDING
SIDEWALK
(E) CROSS WALK
(E) LANDSCAPE MEDIAN
(E) ADJACENT
RESIDENCE
(E) ADJACENT
RESIDENCE
(E) ADJACENT
RESIDENCE
(E) ADJACENT
RESIDENCE
(E) LANDSCAPE MEDIAN
(E) 8' MASONRY WALL
(E) RAMP(E) CANOPY (TYP)
(E) TRASH
ENCLOSURE
(E) ADJACENT
A.C. PARKING
3'-8"
4'-0"
4'-0"
5'-0"74'-1"
21'-6"
WINDOW DISPLAY
SALES AREA
PET VIEWING AREA
TOILET
OPEN PLAY PEN
BOARDING AREA
GROOMING AREA
BATHING AREA
EMPLOYEE
BREAK ROOM
9*
9#5*$#5+09#5*$#5+0
9#+6+0)-'00'.5
)411/+0)6#$.'
-'00'.5&+52.#;
5*'.8+0)
&+52.#;
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&+52.#;
5*'.8+0)
&+52.#;
5*'.8+0)
&+52.#;
5*'.8+0)
&+52.#;5*'.8+0)
&+52.#;5*'.8+0)
&+52.#;5*'.8+0)
&+52.#;5*'.8+0)
9#..&+52.#;
9#..&+52.#;
5'#6+0)
WAITING AREA
CASHIER
4'-0"
5'-0"
3'-11"
2'-6"
3'-11"
2'-6"
9#..&+52.#;
9#..&+52.#;
5'-0"
5'-0"
4'-0"
2'-6"3'-8"
' %#012;
' 5+&'9#.-
' 5+&'9#.-
68
VICINITY MAP 2
SITE PLAN&
FLOOR PLAN
1
SCALE: NTS
PROJECT INFORMATION1
SITE PLAN 4SCALE: 1/4"=1'0"
SUBJECT SITE
SCALE: 1/16"=1'-0"
FLOOR PLAN 5
CONDITIONAL USE PERMIT FOR:
ESSERTIER ARCHITECTURE
40 E. LIVE OAK AVE.ARCADIA, CA.
DISCLAIMER 3
Attachment No. 5
Application and Correspondence