Loading...
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