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Home My WebLink About1959 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 23`d day of February, 2016. f..- D Ch.' - • —= - ....r, . • fission ATTEST: Sec - APPROVED AS TO FORM: c-1/1/4— Stephen P. Deitsch City Attorney 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1959 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 23rd day of February, 2016, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Lewis, Lin, Thompson, and Chiao NOES: None ABSENT: None Secret of the Planning Commission 5 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 6 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. 7