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HomeMy WebLinkAboutPC Agenda Item No. 2_CUP 20-10_30 Las Tunas Dr
DATE: October 27, 2020
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Edwin Arreola, Assistant Planner
SUBJECT: RESOLUTION NO. 2066 – 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
Recommendation: Adopt Resolution No. 2066
SUMMARY
The Applicant, Xia Zhi, is requesting approval of Conditional Use Permit No. CUP 20-10
to allow a new massage business (dba: Professional Therapy) at 30 Las Tunas Drive.
The proposed business would only offer full body massages. It is recommended that the
Planning Commission adopt Resolution No. 2066 (Attachment No. 1) and find this
project Categorically Exempt under CEQA and approve Conditional Use Permit No.
CUP 20-10, subject to the conditions listed in this staff report.
BACKGROUND
The subject site is located on the triangular island where the street splits between Las
Tunas Drive and Live Oak Avenue, and is developed with an existing 1,944 square foot,
one-story commercial building that has two units (30 and 34 Las Tunas Drive), as
shown below (Figure 1). There are two (2) driveways on this site for ingress/egress, one
off of Las Tunas Drive, and the other off of Live Oak Avenue. The site has a total of 13
parking spaces. The massage business will be located in one of the two units that is
approximately 1,003 square feet at 30 Las Tunas Drive (was formerly occupied by a
flower shop). The unit has been vacant since April of 2019. A donut shop is located in
the adjacent unit at 34 Las Tunas Drive.
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 2 of 9
Figure 1 – Aerial of Subject Site
The property is zoned C-G (General Commercial) and has a General Plan Land Use
Designation of Commercial. The site is surrounded by other commercial properties to
the north, west and south, a commercial manufacturing property to the south and a
mixed-use property to the northeast - refer to Attachment No. 2 for an Aerial Photo with
Zoning Information and Photos of the subject property.
PROPOSAL
The proposed massage business will provide full body massages such as hot stone
massages, deep tissue, and oil massages, and each of the services will be conducted in
a private room. The Applicant is not proposing a day spa just massage service only.
Massage businesses are considered a Personal Restricted Use under the City’s
Development Code and it is only allowed through a Conditional Use Permit. There will
be a total of five (5) employees; a receptionist, and four massage therapists, at any
given time. Customers will be assigned to a room after they check-in. In the event that a
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 3 of 9
massage therapist is with another client, the customer(s) will be allowed to remain in the
lobby area until they can be attended.
The business will consist of a lobby area, receptionist office, four (4) rooms, and one (1)
laundry room as shown on the floor plan below and under Attachment No. 3 - Floor
Plans and Site Plan. No foot massages are proposed under this permit as those are
usually out in an open room with several massage beds side-by-side. The proposed
business hours are from 10:00 a.m. to 9:00 p.m., everyday.
Figure 2 – Proposed Floor Plan
Due to COVID-19 regulations at the time of this submittal, the Applicant will not be able
to conduct any proposed business operations indoors. All Los Angeles County
Department of Health protocols will need to be followed while COVID-19 regulations are
in effect. The Applicant will be informed of when normal business operations may
commence, or the Applicant may apply for a Temporary Use Permit to conduct business
outdoors since the County’s Public Health Department allows it through the City’s
process.
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 4 of 9
ANALYSIS
Any personal restricted services are subject to a Conditional Use Permit in the C-G,
General Commercial zone. Massage establishments are considered “restricted” and are
not allowed by-right.
The City’s Police Department did review this request and their former location that was
within an unincorporated portion of La Puente to verify if they had any previous issue
with the law or the City, which they did not. As part of the City’s process, periodic
inspections will occur to ensure the operator is complying with the City’s regulations and
process, and to ensure each masseuse is a licensed by the State.
The existing parking lot has 13 parking spaces for both uses (donut shop and
massage). According to the Code, the massage business requires five parking spaces
at a parking rate of one (1) parking space for 200 square feet of floor area for the 1,003
square foot unit. The donut shop requires five (5) spaces as well. Of those spaces,
there is one (1) disabled parking spaces for both businesses. Therefore, the site has a
surplus of three (3) spaces and there will be plenty of ample parking from staff’s
observation since the peak period and hours of operation for the donut shop is in the
morning, and the peak period for massages is usually later in the afternoon.
FINDINGS
Section 9107.09.050(B) of the Development Code requires that the Planning
Commission may approve a Conditional Use Permit only if it first makes all of the
following findings:
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: 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.
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 5 of 9
2. The proposed use is 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.
Facts to Support This Finding: 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 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.
Facts to Support This Finding: 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 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, spaces, walls, yards, and other features
required to adjust the use with the land and uses in the neighborhood;
Facts to Support This Finding: 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
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 6 of 9
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.
Facts to Support This Finding: 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.).
Facts to Support This Finding: 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.).
Facts to Support This Finding: 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.
Facts to Support This Finding: 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
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 7 of 9
inspections of massage businesses to ensure that all City regulations are being met
so that massage businesses do not pose a nuisance.
ENVIRONMENTAL IMPACT
It has been determined that the project qualifies as a Class 1 Categorical Exemption per
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No.
4).
PUBLIC COMMENTS/NOTICE
Public hearing notices for this item were mailed to the owners of those properties that
are located within 300 feet of the subject property and published in the Arcadia Weekly
on October 15, 2020. As of October 22, 2020, staff did not receive any public comments
on this project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2066 approving
Conditional Use Permit No. CUP 20-10 for a new massage business and find that the
project is Categorically Exempt under the California Environmental Quality Act (CEQA),
subject to the following conditions of approval:
1. 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 of 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
or massage therapists must be a 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
3. 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
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 8 of 9
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.
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 20-10, stating that the
proposal satisfies the requisite findings, and adopting the attached Resolution No. 2066
Resolution No. 2066 - CUP 20-10
October 27, 2020
Page 9 of 9
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 No. CUP 20-10, stating that the
finding(s) of 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 October 27, 2020 hearing, please contact Assistant
Planner, Edwin Arreola, at 626-821-4334, or by email at earreola@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2066
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property
Attachment No. 3: Floor Plan and Site Plan
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2066
Attachment No. 2
Attachment No. 2
Aerial Photo and Zoning Information and
Photos of the Subject Property
Disclaimer: 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.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
0.0
© City of Arcadia
WGS_1984_Web_Mercator_Auxiliary_Sphere
0 Miles0.0 0.02
Legend
1:
30 Las Tunas Drive (APN: 5788-021-011)
Reported on 10/20/2020 11:21 AM
1,128
Notes
Property Characteristics
Zoning: C-G
General Plan: C
Lot Area (sq ft): 10,015
Main Structure (sq ft): 1,944
Year Built: 1985
Number of Units: 2
Overlays: Residential Flex
City Boundary
Arcadia City Boundary
Sphere of Influence
Parcels
Disclaimer: 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.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
0.1
© City of Arcadia
WGS_1984_Web_Mercator_Auxiliary_Sphere
0 Miles0.1 0.07
Legend
1:
Zoning Map
Reported on 10/20/2020 11:36 AM
4,514
Notes
30 Las Tunas Dr.
C-G (General Commercial) Zone
City Boundary
Arcadia City Boundary
Sphere of Influence
Parcels
Zoning
R-O (22,000)
R-O (15,000)
R-O (30,000)
Residential Mountainous (R-M)
Low Density Residential (R-O)
R-1 (15,000)
R-1 (12,500)
R-1 (7,500)
Low Density Residential (R-1)
Medium Density Residential (R-2)
High Density Residential (R-3)
Restricted High Density Residential (R-3-R)
Central Business District (CBD)
General Commercial (C-G)
Professional Office (C-O)
Regional Commercial (C-R)
Open Space - Outdoor Recreation (OS-OR)
Open Space - Resource Protection (OS-RP)
Mixed Use (MU)
Downtown Mixed Use (DMU)
Commercial Manufacturing (C-M)
Industrial (M-1)
Public Facilities (PF)
Special Uses (S-1)
Rail Right-of Way (R-R)
Arcadia Logistics Center Specific Plan (SP-ALC)
Specific Plan-Arroyo Pacific (SP-AP)
Santa Anita Specific Plan (SP-SA1)
Subject Property from the North
Subject Property from the North
Subject Property from the East
Subject Property from the South
Attachment No. 3
Attachment No. 3
Floor Plan and Site Plan
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 20-10 Conditional Use Permit with a Categorical
Exemption under the California Quality Act ("CEQA") Section
15301(a) to allow a massage 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):
30 Las Tunas Dr. – The business is located on the west corner
of Las Tunas Dr. and W. Live Oak Ave.
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Xia Zhi, Business Owner
(2) Address 333 San Marcos St. Apt. D
San Gabriel, CA 91776
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: 15301(a) – Class 1 (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:
October 12, 2020
Staff:
Edwin Arreola, Assistant Planner