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HomeMy WebLinkAbout2066RESOLUTION NO. 2066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 20-10 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO ALLOW A MASSAGE BUSINESS AT 30 LAS TUNAS DRIVE WHEREAS, on July 20, 2020, an application for Conditional Use Permit No. CUP 20-10 was filed by the business owner, Xia Zhi ("Applicant'), to allow a new massage business within an existing 1,003 square foot unit in an existing one-story commercial building at 30 Las Tunas Drive ("Project'); and WHEREAS, on October 12, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and determined that the Project is exempt under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and qualifies as a Class 1 Categorical Exemption under Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on October 27, 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 October 27, 2020 are true and correct. 1 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. plan. 1. The proposed use is consistent with the General Plan and any applicable specific FACT: The proposed use is a massage business that is in compliance with all regulations in the Commercial land use designation. The Commercial land use designation is intended to permit a wide -range of commercial uses that serve citywide markets. Approval of a massage business is a service that is typically or often found in commercial zoned property and it is consistent with the Commercial land use designation of the site. Therefore, the massage business 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 comply 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 such as this in the C- G zone subject to the review and approval of a Conditional Use Permit. The proposed business operations and improvements will comply with the Massage Therapist 2 regulations as set forth in the Arcadia Municipal Code. The proposed use will be located on a commercial corridor along Live Oak Avenue that includes small businesses of diverse uses and types. This lot has an existing donut shop. The lot will continue to accommodate the required parking for both uses on this site. Therefore, the proposal is in compliance with 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 proposed massage business will occupy an existing 1,003 square foot commercial unit within the existing two -unit building. Access and circulation on site will not be an issue because the property is a through lot (i.e. access to lot from both Las Tunas Drive and Live Oak Avenue). Adequate parking will be provided for the proposed massage business and existing donut shop that is located next door, and parking will be easily accommodated because the typical peak hours for a massage business are in the afternoon after 2:00 p.m., which is when the donut shop closes. The Arcadia Municipal Code currently requires 10 parking spaces for those two commercial uses on the site and 13 spaces will be provided. Additionally, the massage business will close at 9:00 p.m. which is consistent with most commercial businesses in the area. The use of the site as a massage business is compatible with and not detrimental to the existing donut shop and other retail businesses located along Live Oak Avenue and Las Tunas Drive. 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, 3 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 massage business because the property is an improved site with an existing commercial building, and there is sufficient tenant space for improvements to provide adequate Americans with Disabilities Act (ADA) access. The site is improved with ample surface parking and an ADA parking space to accommodate the new use and existing business. The site is also developed with adequate landscaping, lighting, and other features typical of commercial developments. No additional exterior construction is being proposed for occupation of this site. 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 in the middle of a triangular shaped island between Las Tunas Drive and Live Oak Avenue with direct access from both sides of the streets. 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 Fire and Police Department have reviewed the application and determined that no additional improvements are needed to provide adequate protection services to the subject site. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). rd FACT: The subject property is developed with one commercial building that consists of two (2) commercial units. The Building and Fire Department have reviewed the application and determined that no additional improvements are needed to provide adequate utilities to service the site. 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 use is a massage business providing full body massages in compliance with and pursuant to the Arcadia Development Code and Arcadia Municipal Code standards. The proposed use will not be detrimental to the public health or welfare of the surrounding properties as the site is located on a commercial corridor with a diverse type of businesses that serve the surrounding communities. The subject site has viable access from two major thoroughfares, is providing adequate parking for both the existing tenant and proposed business and will not adversely affect access or cause inconvenience to surrounding businesses or properties. The small size and nature of the proposed massage business will be contained on the existing site in terms of parking and operations, will not require any exterior construction and will not negatively affect the subject site or any surrounding properties. Additionally, the City conducts periodic inspections of massage businesses to ensure that all City regulations are being met so that massage businesses do not pose a nuisance. 5 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 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 20-10 to allow a new massage business within an existing 1,003 square foot unit at 30 Las Tunas Drive, subject to the conditions of approval attached hereto. 9 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 27th day of October, 2020. ATTEST: GA, Lisa L. Flo Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney rA 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. 2066 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 2711 day of October, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Vice Chair Wilander and Commissioners Chan, Lin, and Thompson NOES: None ABSENT: Chair Lewis M 0'�A' Lisa L. Flores Secretary of th lanning Commission RESOLUTION NO. 2066 Conditions of Approval The use approved by CUP 20-10 shall be limited to a massage business providing massage services. Its hours of operation shall be limited to the hours between 10:00 a.m. and 9:00 p.m. The massage business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-10, and shall be subject to periodic inspections, after which the conditions of this Conditional Use Permit may be adjusted after due notice in order to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 2. The facility shall be limited to four (4) massage rooms with a maximum of one customer and one massage therapist in each room at any one time. All masseuses and massage therapists must be licensed by the State and comply with all the regulations in the City's Municipal Code for massage therapy. Any intensification to the number of therapy rooms permitted shall be subject to review and approval by the Planning & Community Development Administrator, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission The plans submitted for Building plan check shall comply with the 2020 Building and Fire codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshall, 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. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 20-10 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 6. 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. 7. Approval of CUP 20-10 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. 10