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HomeMy WebLinkAboutItem 2 - Resolution No. 1982 - 25-75 N. Santa Anita Ave., CUP 16-09DATE: December 13, 2016 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Jordan Chamberlin, Assistant Planner SUBJECT: RESOLUTION NO. 1982 – APPROVING CONDITIONAL USE PERMIT NO. CUP 16-09 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 712 SQUARE-FOOT MASSAGE THERAPY BUSINESS AT 25-75 N. SANTA ANITA AVENUE UNIT 103 Recommendation: Adopt Resolution No. 1982 SUMMARY The applicant/business owner, Ms. Fang Wang is requesting approval of Conditional Use Permit No. CUP 16-09 to operate a 712 square-foot massage therapy business in Unit 103 of an existing, 11,584-square-foot, two-story, office building at 25-75 N. Santa Anita Avenue. The proposed massage therapy business will accommodate up to two employees and two customers at a time. The project has been found to be exempt from review under the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption for use of an existing building. It is recommended that the Planning Commission approve CUP 16-09 and adopt Resolution No. 1982 (Attachment No. 1) that incorporates the requisite findings for a Categorical Exemption and approval of a Conditional Use Permit, and the conditions of approval as listed in this staff report. BACKGROUND The applicant currently operates a massage therapy business at 1035 W. Huntington Drive and would like to expand the business by adding a second location at 25-75 N. Santa Anita Avenue, Unit 103. The property is zoned Central Business District (CBD) with a Downtown Overlay and is developed with six, one- and two-story buildings for a total Figure 1. Photo of the subject building along N. Santa Anita Avenue Resolution No. 1982 – CUP 16-09 25-75 N. Santa Anita Avenue, Unit 103 December 13, 2016 – Page 2 of 6 of 24,124 square feet of commercial, medical office, and general office space - see Attachment No. 3 for a Site Plan of the subject property. The General Plan designation for the property is also Commercial with an FAR of 1.0. The subject unit is 712 square feet and is located in Building No. 6 on the subject property. The unit has been vacant since 2006, but was previously occupied by a dental laboratory. The property is accessed from N. Santa Anita Avenue and Morlan Place. There are 113 surface parking spaces on-site, behind the buildings, including five accessible spaces – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties. PROPOSAL The applicant is requesting a Conditional Use Permit to operate a massage therapy business that provides full body massage services. A Conditional Use Permit (CUP) is required for personal service businesses with massage therapy services in the Central Business District (CBD) zone per Arcadia Municipal Code Section 9264.2.9.16. There will be two employees and a maximum of two clients at any one time. The proposed business hours are from 10:00 a.m. to 9:00 p.m., Monday through Saturday. The unit will consist of three massage rooms, one of which will be for couples massages, an employee break room, and a lobby - refer to Attachment No. 3 for the Site Plan and Floor Plan. No interior or exterior changes, except signage, are proposed for the use. ANALYSIS The proposed massage therapy business will occupy a unit that is currently vacant but previously occupied by a dental laboratory. The City’s Code Enforcement officers were consulted regarding the status of the applicant’s current business license at 1035 W. Huntington Drive, and it was reported that the massage therapy business has no outstanding violations and has not had any Code compliance issues. The subject property has 113 parking spaces, which includes five accessible parking spaces, one of which is van-accessible. The property is within a ¼ mile of the new Gold Line Station, which reduces the required parking by 25%. The parking requirement for a personal service business is five (5) spaces per 1,000 square feet of gross floor area, which results in a requirement of three spaces for the proposed massage therapy business. The total required parking for all the uses on-site with the proposed massage therapy business is 84 parking spaces. This results in a surplus of 29 parking spaces. There is ample parking to support the proposed new use. There is no trash enclosure on the subject property. It is recommended that the property owner/applicant construct a fully-roofed trash and recyclables enclosure that complies with City codes and the National Pollutant Discharge Elimination System (NPDES – stormwater pollution prevention) requirements. The existing parking lot is severely worn and does not comply with today’s parking regulations and property maintenance standards. Buildings 1 through 5 are currently undergoing tenant improvements for new medical offices. Prior to a Certificate of Occupancy being issued for these buildings, the parking lot is required to be brought Resolution No. 1982 – CUP 16-09 25-75 N. Santa Anita Avenue, Unit 103 December 13, 2016 – Page 3 of 6 into compliance with all current standards. This may include, but is not limited to, resurfacing, restriping, replacing landscaping, and installing additional lighting, subject to the City Building Official’s, or designee’s, determinations. The proposed project, with the recommended conditions of approval will satisfy each of the following prerequisite conditions, and all City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, compliance with massage therapist regulations, 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. Any changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 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. The proposed use is a massage therapy business providing full body massage in compliance with all applicable regulations, and will not be detrimental to the public health or welfare or the surrounding properties. A massage therapy business is consistent with the Central Business District (CBD) with a Downtown Overlay Zoning and Commercial 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 CBD, Central Business District with a Downtown Overlay, and Arcadia Municipal Code Section 9264.2.9.16 allows personal service businesses with massage therapy services in the CBD zone with an approved Conditional Use Permit. 3. 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. The proposed massage therapy business will occupy an existing 712 square-foot unit of an existing office building. No interior changes and no exterior changes, except signage, are proposed for the use. There are 113 parking spaces available on-site. The property is within a ¼ mile of the new Gold Line Station, which reduces the parking requirement by 25%. The parking requirement for a personal service Resolution No. 1982 – CUP 16-09 25-75 N. Santa Anita Avenue, Unit 103 December 13, 2016 – Page 4 of 6 business is five (5) spaces per 1,000 square feet of gross floor area, which results in a requirement of three spaces for the proposed massage therapy business. The total required parking for all the uses on this site with the proposed massage therapy business is 84 parking spaces. With the conditions of approval that the property owner/applicant construct a fully-roofed trash and recyclables enclosure that complies with City codes and the NPDES requirements, and with the parking lot being brought into compliance, the site will be adequate to accommodate the massage therapy business and will not result in any impacts. 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 N. Santa Anita Avenue and Morlan Place. Access to the parking lot is from N. Santa Anita Avenue and Morlan Place. The streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed massage therapy business. These rights-of-way will not be impacted by the proposal. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Approval of a personal service business with massage therapy services is consistent with the Commercial Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. ENVIRONMENTAL ASSESSMENT If it is determined that no significant physical alterations to the site are necessary, then this project, as a use of an existing facility, qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines. Refer to Attachment No. 4 for the Preliminary Exemption 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 December 2, 2016. As of December 7, 2016, staff has not received any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission conditionally approve the project and exempt it per CEQA Guidelines Section 15301(a), by adopting the attached Resolution No. 1982, which includes the following conditions of approval: Figure 2. Radius Map Resolution No. 1982 – CUP 16-09 25-75 N. Santa Anita Avenue, Unit 103 December 13, 2016 – Page 5 of 6 1. The use approved by CUP 16-09 is limited to a personal service business providing massage services only, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 16-09, and shall be subject to periodic inspections, after which this Conditional Use Permit may be revoked or 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 property owner/applicant shall construct a fully-roofed trash and recyclables enclosure to comply with City codes and the NPDES requirements prior to a Certificate of Occupancy being issued for the tenant improvements that are currently underway {Building Permit No. B00-054-130}. 3. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, compliance with massage therapist regulations, 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. Any changes to the existing facility may be 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 16-09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the massage therapy business. 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 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 16-09 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. Resolution No. 1982 – CUP 16-09 25-75 N. Santa Anita Avenue, Unit 103 December 13, 2016 – Page 6 of 6 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 16-09, on the bases that the proposal satisfies the requisite findings, and to adopt the attached Resolution No. 1982 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 Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 16-09; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct 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 December 13, 2016 hearing, please contact Assistant Planner, Jordan Chamberlin at (626) 821-4334, or JChamberlin@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1982 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 1982 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Property Characteristics Zoning: CBD General Plan: C 1.0 Lot Area (sq ft): 24,124 Main Structure / Unit (sq. ft.): 3,829 Year Built: 1958 Number of Units: 6 Overlays Parking Overlay: n/a Downtown Overlay: Downtown Overlay Special Height Overlay: n/a Architectural Design Overlay: n/a Site Address: 25-75 N SANTA ANITA AVE Property Owner(s): J A C WINDOW INC 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 02-Dec-2016 Page 1 of 1 SubjectAbuilding,A25-75AN.ASantaA nitaA venueA,AUnitA103 RearAparkingAareaAforAtheAsubjectAproperty,A25-75AN..ASantaA nitaA venueA NeighboringApropertyAtoAtheAnorth,A101AN.ASantaA nitaA venue NeighboringApropertyAtoAtheAnortheast,A100AN.ASantaA nitaA venue NeighboringApropertyAtoAtheAeast,AtheACityAPublicAParkingALot,AatA30AN.ASantaA nitaA venue NeighboringApropertyAtoAtheAsoutheast,A7AE.AHuntngtonADrive NeighboringApropertyAtoAtheAsouth,A5AW.AHuntngtonADrive NeighboringApropertesAtoAtheAwest,A27AW.AHuntngtonADrive Attachment No. 2 Attachment No. 3 Site Plan and Floor Plan Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit No. Cup 16-09 for a 712 square-foot massage therapy business 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): 25-75 N. Santa Anita Avenue, Unit 103 between W. Huntington Drive and Morlan Place 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Fang Wang (2) Address 965 W. Duarte Road, Apt. # 2 Monrovia, CA 91016 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 Section 15301(a) - Use Of An Existing Facility 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: December 2, 2016 Staff: Jordan Chamberlin, Assistant Planner