HomeMy WebLinkAboutItem 1 - CUP 17-01DATE: February 28, 2017
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Vanessa Quiroz, Assistant Planner
SUBJECT: RESOLUTION NO.1988 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 17-01 TO ALLOW COSMETIC PERMANENT MAKE-UP
SERVICES WITHIN AN EXISTING HAIR SALON WITH A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AT 556 LAS TUNAS DRIVE,
SUITES #106 AND #107
Recommendation: Adopt Resolution No. 1988
SUMMARY
The applicant, Ms. Jennifer Lu, is requesting approval of Conditional Use Permit No.
CUP 17-01 to allow cosmetic permanent make-up services within an existing hair salon
(dba: D2 Hair Salon) at 556 W. Las Tunas Drive, Suites #106 and #107. The applicant
is proposing to apply the permanent make-up solely to eyebrows, as eyeliners, and for
the lips. It is recommended that the Planning Commission adopt Resolution No. 1988
(Attachment No. 1) approving CUP 17-01, with the findings and conditions listed in this
staff report, including that this project is Categorically Exempt under the California
Environmental Quality Act (CEQA).
BACKGROUND
The subject property at 556 Las Tunas
Drive (APN No. 8586-001-027) is a 42,382
square-foot lot. The adjacent property
located at 558 Las Tunas Drive (APN No.
8586-001-010) is a 22,950 square-foot lot
under the same ownership (i.e., Sien,
Richard and Grace TRS. ET. AL. and R and
G Trust and Hsieh David), and the parking
lots are interconnected with shared
driveways and aisles. Collectively, the two
properties are developed with a multi-tenant
shopping center (dba: the Arcadia Center) that was constructed in 1991. The center
consists of two commercial buildings; a two-story, 13,252 square-foot, 14-unit, building
Resolution No. 1988 – CUP 17-01
556 W. Las Tunas Drive, Suites #106 & #107
February 28, 2017
Page 2 of 6
and a stand-alone, 5,020 square-foot building currently occupied by a restaurant (CUP
88-019/Reso. 1384). The shopping center has a variety of businesses, such as a realty
office, two hair salons, a tea shop, a dental office, etc. The two lots combined provide a
total of 106 parking spaces that are available to all of the businesses at the center – see
Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the Subject
Properties and Surrounding Properties. The subject properties are located near the
southeast corner of S. Baldwin Avenue and Las Tunas Drive, and are zoned C-G,
General-Commercial.
PROPOSAL
The applicant, Ms. Jennifer Lu is
proposing to add the service of
cosmetic permanent make-up to
the existing hair salon business
(dba: D2 Hair Salon) – see
Attachment No. 3 for the
Business Operation Statement.
The existing business is located
within two units on the first floor
of the Arcadia Center – see
Attachment No. 4 for the Site
Plan and Floor Plan. D2 Hair
Salon has been in business at this location since 2003. The applicant proposes to
convert an existing storage room into a single cosmetic permanent make-up station.
Cosmetic permanent make-up is the implanting of micropigments into the top layer of
the skin for cosmetic enhancements. The applicant is proposing that the permanent
make-up treatments be solely for the eyebrows, as eyeliners, and for the lips. Please
see Attachment No. 3, Business Operation Statement for an outline of the cosmetic
permanent make-up application process. The applicant is not proposing to provide body
art or tattoos. The cosmetic permanent make-up service will be offered during the
regular business hours of the beauty salon of 10 a.m. to 7 p.m., Monday through Friday.
All used needles will be properly disposed of into a toxic/sharps container and will be
delivered every two weeks to the Emergency Response Medical Waste Disposal facility
in the City of Monrovia.
Ms. Shauna Liu, a licensed cosmetologist, will initially provide the cosmetic permanent
make-up treatments. Ms. Liu is also a registered body art practitioner with the Los
Angeles County Environmental Health Department, and has completed the required
Bloodborne Pathogen Exposure Control training with the Los Angeles County
Environmental Health Department.
DISCUSSION
Because cosmetic permanent make-up is not defined within the City of Arcadia
Development Code and is applied by the same technique as tattooing, it is considered
tattooing. Tattooing is categorized as a Personal Restricted Service under the City of
Resolution No. 1988 – CUP 17-01
556 W. Las Tunas Drive, Suites #106 & #107
February 28, 2017
Page 3 of 6
Arcadia Development Code, for which a Conditional Use Permit is required in the C-G,
General Commercial Zones to determine if the use is compatible with the surrounding
uses and properties.
The proposed service is to be limited to the one designated room and will be provided
by one licensed beautician that is also a registered body art practitioner. The room will
remain locked when the designated practitioner is not present, and the room and
equipment will be maintained in manners that comply with all required sterilization,
sanitation, and safety standards per the Los Angeles County Environmental Health
Department. The cosmetic permanent make-up procedures will be limited to the face.
D2 Hair Salon will not provide body art or tattooing services. The existing business will
continue to operate primarily as a hair salon with personal care services. The cosmetic
permanent make-up service will function only as an ancillary service. The proposed
service allows D2 Hair Salon to expand their services, which help it to be economically
competitive. The use is not anticipated to have any negative impacts on the other
tenants at the center or on adjacent properties.
FINDINGS
Section 9102.03.020.A of the Arcadia Development 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.
Facts to Support the Finding: The proposed use will not be detrimental in any
way to the public health or welfare of the tenants and the surrounding area. The
cosmetic permanent make-up service will be an ancillary service to the existing
business. The applicant shall comply with all applicable standards and regulations of
the Los Angeles County Environmental Health Department. Because the proposed
Personal Restricted Use of cosmetic permanent make-up will be limited to facial
enhancements and located at an existing business, the operations will remain
essentially the same and the use will not conflict with or be injurious to the other
uses at the 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.
Facts to Support the Finding: Per Table 2-8, Allowed Uses and Permit
Requirements for Commercial and Industrial Zones under Section 9102.03.020.A of
the Development Code, Personal Restricted Services are allowed in the C-G,
General-Commercial Zones 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
Resolution No. 1988 – CUP 17-01
556 W. Las Tunas Drive, Suites #106 & #107
February 28, 2017
Page 4 of 6
other features required to adjust said use with the land and uses in the
neighborhood.
Facts to Support the Finding: Because the proposed use is an ancillary service to
an existing business and will not entail extensive interior renovations, nor will it
require any exterior alterations, the request does not warrant substantive
improvements to the site in order to be in compliance with the Arcadia Municipal
Code or National Pollutant Discharge Elimination System (NPDES) requirements.
The site is adequate in size and shape, and is improved with the necessary features
to accommodate the proposed use.
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.
Facts to Support the Finding: The site is located on a major arterial, Las Tunas
Drive, and is near S. Baldwin Avenue. These streets are adequate in width and
paving to serve the existing business with the added service, the other uses within
the shopping center, and the surrounding residential and commercial properties. The
proposed use will not adversely impact these streets.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Facts to Support the Finding: The granting of the Conditional Use Permit will not
adversely affect the comprehensive General Plan. The proposed, Personal
Restricted Service will be within an existing commercial use that is consistent with
the General Plan Land Use Designation of the site.
ENVIRONMENTAL ANALYSIS
If it is determined that no significant physical alterations to the site are necessary, then
this project, as the use of an existing facility qualifies as a Class 1 Categorical Exemption
under the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the
CEQA Guidelines – see Attachment No. 5 for the Preliminary Exemption Assessment.
PUBLIC NOTICE/COMMENTS
Public hearing notices for Conditional Use Permit Application
No. CUP 17-01 were mailed on February 16, 2017, to the
property owners, tenants, and occupants of those properties
that are within 300 feet of the subject property. As of
February 23, 2017, no comments were received in response
to the public hearing notices.
RECOMMENDATION
It is recommended that the Planning Commission find that
this project is exempt under the California Environmental Quality Act (CEQA), and
Resolution No. 1988 – CUP 17-01
556 W. Las Tunas Drive, Suites #106 & #107
February 28, 2017
Page 5 of 6
satisfies the aforementioned findings, and approve Conditional Use Permit No. CUP 17-
01, subject to the following conditions:
1. The cosmetic permanent make-up service shall not be provided unless the
business and practitioner have the approval of the Los Angeles County
Environmental Health Department, and all required approvals have been verified by
the City of Arcadia Business License Officer, or designee.
2. The cosmetic permanent make-up service shall be limited to one designated room,
and will be provided by a State licensed cosmetologist that is also a registered body
art practitioner with the Los Angeles County Environmental Health Department.
3. The use approved by CUP 17-01 is limited to the cosmetic permanent make-up
service within the existing hair salon, in a manner that is consistent with the
proposal and plans submitted and approved for CUP 17-01, 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 to the
satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director. Any changes to
the existing facility may be subject to having fully-detailed plans submitted for plan-
check review and approval by the aforementioned City officials and employees, and
may subject to building permits.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 17-01
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the cessation of the cosmetic permanent make-up services and the
closing of the beauty salon.
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.
Resolution No. 1988 – CUP 17-01
556 W. Las Tunas Drive, Suites #106 & #107
February 28, 2017
Page 6 of 6
7. Approval of CUP 17-01 shall not take effect until the property owner(s), applicant,
and business owner(s) and operator(s) have executed and filed an Acceptance
Form within 30 days of adoption of Resolution No. 1988, with the Development
Services Department 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 17-01, stating that the
proposal satisfies the requisite findings, including that this project is Categorically
Exempt under the California Environmental Quality Act (CEQA), and adopt the attached
Resolution No. 1988 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 17-01; state the
finding(s) that the proposal does not satisfy with reasons based on the record, and
direct staff to prepare a resolution for consideration of 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 28, 2017, hearing, please contact Assistant
Planner, Vanessa Quiroz at (626) 574-5422, or VQuiroz@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1988
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 3: Business Operation Statement
Attachment No. 4: Site Plan and Floor Plan
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Resolution No. 1988
Attachment No. 1
RESOLUTION NO. 1988
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 17-01 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW
COSMETIC PERMANENT MAKE-UP SERVICES WITHIN AN EXISTING
HAIR SALON AT 556 LAS TUNAS DRIVE, SUITES #106 AND #107
WHEREAS, on January 9, 2017, Conditional Use Permit Application No. CUP
17-01 was filed by Ms. Jennifer Lu (“Applicant”) to allow cosmetic permanent make-up
services within an existing hair salon (dba D2 Hair Salon) at 556 W. Las Tunas Drive,
Suites #106 and #107 (“Project”); and
WHEREAS, on February 1, 2017, Planning Services completed an
environmental assessment for the Project in accordance with the California
Environmental Quality Act (“CEQA”) and recommends that the Planning Commission
determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA
pursuant to Section 15301 of the CEQA Guidelines as the use of an existing facility; and
WHEREAS, on February 16, 2017, a duly-noticed public hearing was held before
the Planning Commission on said Project, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The factual data submitted by the Community Development
Division in the staff report dated Fe are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
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.
2 1988
FACT: The proposed use will not be detrimental in any way to the public health
or welfare of the tenants and the surrounding area. The cosmetic permanent make-up
service will be an ancillary service to the existing business. The applicant shall comply
with all applicable standards and regulations of the Los Angeles County Environmental
Health Department. Because the proposed Personal Restricted Use of cosmetic
permanent make-up will be limited to facial enhancements and located at an existing
business, the operations will remain essentially the same and the use will not conflict
with or be injurious to the other uses at the 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.
FACT: Per Table 2-8, Allowed Uses and Permit Requirements for Commercial
and Industrial Zones under Section 9102.03.020.A of the Development Code, Personal
Restricted Services are allowed in the C-G, General-Commercial Zones 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.
FACT: Because the proposed use is an ancillary service to an existing business
and will not entail extensive interior renovations, nor will it require any exterior
alterations, the request does not warrant substantive improvements to the site in order
to be in compliance with the Arcadia Municipal Code or National Pollutant Discharge
Elimination System (NPDES) requirements. The site is adequate in size and shape, and
is improved with the necessary features to accommodate the proposed use.
3 1988
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.
FACT: The site is located on a major arterial, Las Tunas Drive, and is near S.
Baldwin Avenue. These streets are adequate in width and paving to serve the existing
business with the added service, the other uses within the shopping center, and the
surrounding residential and commercial properties. The proposed use will not adversely
impact these streets.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
FACT: The granting of the Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed, Personal Restricted Service will be within
an existing commercial use that is consistent with the General Plan Land Use
Designation of the site.
6. That this Project is Categorically Exempt under the California Environmental
Quality Act (“CEQA”) per Section 15301 of the CEQA Guidelines as a use of an existing
facility.
SECTION 3. For the foregoing reasons the Planning Commission determines
that the Project is a Class 1 Categorical Exemption under CEQA, and approves
Conditional Use Permit No. CUP 17-01 to allow cosmetic permanent make-up services
within an existing hair salon (dba D2 Hair Salon) at 556 W. Las Tunas Drive, Suites
#106 and #107, subject to the conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
[SIGNATURES ON THE NEXT PAGE]
4 1988
Passed, approved and adopted this _____ day of _____________, 2017.
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
5 1988
RESOLUTION NO. 1988
Conditions of Approval
1. The cosmetic permanent make-up service shall not be provided unless the business
and practitioner have the approval of the Los Angeles County Environmental Health
Department, and all required approvals have been verified by the City of Arcadia
Business License Officer, or designee.
2. The cosmetic permanent make-up service shall be limited to one designated room, and
will be provided by a State licensed cosmetologist that is also a registered body art
practitioner with the Los Angeles County Environmental Health Department.
3. The use approved by CUP 17-01 is limited to the cosmetic permanent make-up service
within the existing hair salon, in a manner that is consistent with the proposal and plans
submitted and approved for CUP 17-01, 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 to the satisfaction of the
Building Official, City Engineer, Community Development Administrator, Fire Marshal,
and Public Works Services Director. Any changes to the existing facility may be subject
to having fully-detailed plans submitted for plan-check review and approval by the
aforementioned City officials and employees, and may subject to building permits.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 17-01
shall be grounds for immediate suspension or revocation of any approvals, which could
result in the cessation of the cosmetic permanent make-up services and the closing of
the beauty salon.
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.
7. Approval of CUP 17-01 shall not take effect until the property owner(s), applicant, and
business owner(s) and operator(s) have executed and filed an Acceptance Form within
30 days of adoption of Resolution No. 1988, with the Development Services Department
to indicate awareness and acceptance of these conditions of approval.
- - -
Attachment No. 2
Aerial Photo with Zoning Information
and Photos of the Subject Properties
and Surrounding Properties
Attachment No. 2
Overlays
Selected parcel highlighted
Parcel location within City of ArcadiaD
n/a
n/a
P
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
Number of Units:
C-G
C
Zoning:
Property Characteristics
1991
13,325
1
SIEN,RICHARD AND GRACE TRS ET AL R AND G SIEN TRUST AND HSIEH,DAVID
Site Address:
556 LAS TUNAS DR
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 generated01-Feb-2017
Page 1 of 1
41,382
Overlays
Selected parcel highlighted
Parcel location within City of ArcadiaD
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
Number of Units:
C-G
C
Zoning:
Property Characteristics
1991
5,020
1
SIEN,RICHARD AND GRACE TRS ET AL R AND G SIEN TRUST AND HSIEH,DAVID
Site Address:
558 LAS TUNAS DR
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 generated06-Feb-2017
Page 1 of 1
22,950
Arcadia Center at 556 and 558 Las Tunas Drive
Subject Business – D2 Hair Salon
Arcadia Center South view
Arcadia Center East view
Arcadia Center West view
Arcadia Center Restaurant
Adjacent property to the West – Big Lots
Adjacent property to the East - Creative Child Preschool
Commercial properties across the street to the West
Commercial property directly arcoss the street from the subject properties
Residential properties across the street to the far East
Commercial property across the street to the East
Attachment No. 3
Business Operation Statement
Attachment No. 3
Attachment No. 4
Site Plan and Floor Plan
Attachment No. 4
Attachment No. 5
Preliminary Exemption
Assessment
Attachment No. 5
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 17-01 to allow permanent make-
up service within an existing hair salon.
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):
556 Las Tunas Drive (Between S. Baldwin Avenue and Bradford
Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Jennifer Lu
(2) Address 556 Las Tunas Drive
Arcadia, CA 91007
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 Sections 15301; Use 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: February 1, 2017 Staff: Vanessa Quiroz, Assistant Planner