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HomeMy WebLinkAbout2051RESOLUTION NO. 2051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 20-02 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO ALLOW A NEW AESTHETIC MEDICAL OFFICE AT 650 W. DUARTE, SUITE #104 WHEREAS, on January 29, 2020, an application for Conditional Use Permit No CUP 20-02 was filed by the business owner ("Applicant') for a new aesthetic medical office (dba: Charming Aesthetic Medical Center) with cosmetic and facial enhancement services that are considered personal restricted services at the Arcadia Metro Center at 650 W. Duarte Road, Suite 104 (the "Project'); and WHEREAS, on February 20, 2020, 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(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on April 14, 2020, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April14, 2020 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the aesthetic medical office that offers cosmetic facial enhancement services are similar to the other medical uses that typically found in medical offices and on sites that are zoned General Commercial. Also, the Commercial land use designation is intended to permit a wide -range of commercial uses that serve citywide markets. The Project is compatible with the other medical and personal services businesses at the commercial center. Therefore, the aesthetic medical office will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU -6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local -serving commercial uses. 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The site is zoned C -G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services in the C -G zone subject to the review and approval of a Conditional Use Permit. The proposed Project is compatible with the other medical offices and personal services businesses located at the commercial center. The lot will continue to accommodate the parking required for the new business and the other existing businesses. Therefore, the proposal is in compliances with 2 all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The site is zoned C -G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services in the C -G zone subject to the review and approval of a Conditional Use Permit. The proposed aesthetic medical office is compatible with the other medical offices and personal services businesses located at the commercial center. The lot will continue to accommodate the parking required for the new business and the other existing uses. Therefore, the Project is in compliances with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 4. The site is physically suitable in terms of: A. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is physically suitable for the proposed aesthetic medical office. The business will occupy a tenant space within an existing multi -tenant medical office building. The medical center is improved with a surface parking throughout the site that has ample parking to accommodate the new use and existing businesses. The medical center is developed with adequate landscaping, lighting, and other features typical of commercial developments. 3 B. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The site is located on the southern portion of W. Duarte Road between S. Baldwin Avenue and Lovell Avenue. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use and existing uses on the site. The proposed use will not impact these rights-of-way. C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The subject property is developed with that comply with current safety requirements. No improvements to the tenant space or the site are proposed as part of this request. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject property is developed with three (3) medical buildings There are adequate utilities to service this site. The site and buildings are in compliance with current health and safety requirements. There will be no impact to utilities or the City's infrastructure from the proposed use. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed Project is similar in use to the other businesses found within the medical center. The new aesthetic medical office will not be detrimental to the public health or welfare, or the surrounding properties. The nature of the operations of the 0 aesthetic medical office will not negatively affect the subject lot nor the surrounding uses and properties. As a continuation of a similar use, the site will continue to adequately provide sufficient parking the use and all other uses operating within the site. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 20-02 for a new aesthetic medical office (dba: Charming Aesthetic Medical Center) with cosmetic and facial enhancement services that are considered personal restricted services at the Arcadia Metro Center at 650 W. Duarte Road, Suite 104, subject to the conditions of approval attached hereto. 61 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of April, 2020. ATTEST: &Y, -- Lisa L. Florid Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 i Deborah Lewis Chair, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2051 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 141h day of April, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Chan, Lin, and Thompson, Vice Chair Wilander, Chair Lewis NOES: None ABSENT: None OJAI Lisa L. Fiore Secretary of t Planning Commission rj RESOLUTION NO. 2051 Conditions of Approval 1. The use approved by CUP 20-02 is limited to an aesthetic medical office that offers to cosmetic and facial enhancement. Such services includes, but not limited to facials, ultherapy, micro -needling, laser treatment, botox injections, filler injections, hydro -injections, and stem cell injections and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-02, 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. 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, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The 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. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 20-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the aesthetic medical office. 4. The Applicant/Property Owner 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. 5. Approval of CUP 20-02 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. M 6. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Fire Marshal. Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch @bbklaw.com> Sent: Tuesday, March 24, 2020 4:00 PM To: Rachelle Arellano Subject: RE: Resolution No. 2051 - For Review Rachelle, I approve as to form Planning Commission Resolution 2051. You may affix my signature stamp to the Resolution. Thanks. Steve 1& Stephen Deitsch 1 R Partner 91 �x1 stephen.deitsch@bbklaw.com REST REST a KRIEGER� T: (909) 483-6642 C: (951) 662-9343 ATTORNEYS AT LAW www.86Klaw.com ® S Stay at home and public health orders issued in multiple counties in California require our offices to be physically closed, effective March 17, 2020. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until at least March 31, 2020. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e -served documents in your case to the e-mail addresses for any Best Best & Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, March 24, 2020 8:59 AM To: Stephen Deitsch Subject: Resolution No. 2051 - For Review Hi Steve, Attached is another resolution for your review and signature. I have attached the reso that you reviewed last Tuesday, however since the March 24, 2020 meeting has been cancelled, please find the amended Resolution No. 2051, with the April 14, 2020 meeting date. Thank you, Rachelle Arellano Deputy City Clerk City Clerk I City of Arcadia 240 W. Huntington Drive I Arcadia, CA 91006 (626) 574-5453 1 rarellanoraDarcadiaca.eov This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.