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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