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HomeMy WebLinkAboutItem No. 2 - CUP 20-13 - 158 E. Duarte Road, Suite A DATE: December 22, 2020 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Luis Torrico, Senior Planner SUBJECT: RESOLUTION NO. 2069 – APPROVING CONDITIONAL USE PERMIT NO. CUP 20-13 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW A TATTOO BUSINESS AT 158 E. DUARTE ROAD, SUITE A Recommendation: Adopt Resolution No. 2069 SUMMARY The Applicant, Michael T. Montoya, is requesting approval of Conditional Use Permit No. CUP 20-13 to allow a new tattoo business (dba: Sunny Days Tattoo Parlor) at 158 E. Duarte Road, Suite A. It is recommended that the Planning Commission adopt Resolution No. 2069 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 20-13, subject to the conditions listed in this staff report. BACKGROUND The subject commercial tenant space is located within an existing commercial shopping center located at 130 – 158 E. Duarte Road, at the southwest corner of E. Duarte Road and S. 2nd Avenue. The center has vehicular access from both E. Duarte Road and S. 2nd Avenue. The center is approximately 89,211 square feet in lot area, and is developed with ten units, totaling 32,161 square feet of commercial floor area, including the 99 Cents Only store. The proposed tattoo business will occupy a 741 square unit formerly occupied by a cosmetic retail store. The subject site shares parking with the adjacent businesses located on the corner of Duarte and Second Avenue 160 E. Duarte Road, and combined, there are a total of 138 existing parking spaces for all uses on both sites. 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, east, Resolution No. 2069 - CUP 20-13 December 22, 2020 Page 2 of 8 and west, and single-family residential to the south - refer to Figure 1 and Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property . Figure 1 - Aerial of Subject Site PROPOSAL The Applicant has been operating a tattoo business for 18 years at 4163 E. Live Oak Ave, within an unincorporated portion of Arcadia, and will be relocating to the City of Arcadia should the Conditional Use Permit be approved. The proposed tattoo business will occupy a unit formerly occupied by a cosmetic retail use. In addition to tattoos, the Applicant will also offer body piercings as part of the business operations. Per the City’s Development Code, tattoo uses are considered a Restricted Personal Services use and are subject to a Conditional Use Permit. There will be a total of four (4) tattoo artists employed by the business, with no other employees proposed. Customers will be seen by appointment only within the business’s proposed hours of operation of 10:00 AM to 8:00 PM daily. At any given time, there will be a maximum of eight (8) people, including staff and patrons. The proposed business will occupy a 741 square foot unit and will consist of a waiting area, work area with four (4) work stations, and one (1) bathroom located at the rear of the unit – See Figure 2 and Attachment No. 3 – Site Plan and Floor Plan. With the exception of a four-foot tall wall to separate the work area from the rest of the unit, no additional tenant improvements are proposed. S. 2nd Ave. 158 E. Duarte Rd. Suite A 160 E. Duarte Rd. Resolution No. 2069 - CUP 20-13 December 22, 2020 Page 3 of 8 Figure 2 – Proposed Floor Plan Due to COVID-19 regulations at the time of this submittal, the business will not be allowed to operate and must remain closed until further notice. All Los Angeles County Department of Health protocols will need to be followed while COVID -19 regulations are in effect. ANALYSIS The Arcadia Development Code allows tattoo uses in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed tattoo parlor will have four (4) work stations with up to four (4) tattoo artists. No additional employees are proposed ; therefore, at any given time, there will be a maximum of eight (8) people, including staff and patrons. The City’s Police Department reviewed the request and did not have any concerns with the proposed business. In addition, Staff contacted the Los Angeles County Sheriff’s Department, as the Applicant’s existing business is located within an unincorporated portion of Arcadia. According to their records, there were no reports of crimes or call for services within that past 12 months. The center has a total of 138 parking spaces that are shared between all the uses at the subject center and the uses located at 160 E. Duarte Road. Per the City’s Development Code, a tattoo use is considered a service use for parking purposes, which has the same parking requirement as the previous retail use (1 space per 200 square-feet of gross floor area), which amounts to four (4) required spaces. Therefore, parking in the center is not anticipated to be impacted as no additional parking is required for the proposed use and the center has ample parking spaces to accommodate the existing uses and the proposed tattoo use. STORAGE CABINET RESTROOM ENTRANCE Resolution No. 2069 - CUP 20-13 December 22, 2020 Page 4 of 8 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 tattoo business will be located on a site that has a Commercial land use designation, which is intended to permit a wide- range of commercial uses that serve citywide markets. The proposed use will be consistent with the intended commercial use of the property and neighborhood, and will be required to comply with applicable County Healthy Code requirements, and; therefore, approval of a tattoo 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 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 the proposed tattoo use in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed use will be located within an existing commercial shopping center that has an adequate number of parking spaces to serve the existing uses and the proposed tattoo use ; therefore, there should be no impacts to the existing bus inesses in the center. Lastly, the proposal complies with all other applicable provisions of the Development Code and the 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 tattoo business will occupy an existing 741 square foot commercial unit within an existing commercial shopping center. The proposed tattoo business will have the same parking requirement of four (4) parking spaces as the previous retail use; therefore, no additional parking is required. The proposed use will be compatible with the existing uses, including the existing service uses in the center, and will have similar operating hours. Therefore, the operation of the proposed tattoo use will not be detrimental to the existing and future land used in the vicinity. Resolution No. 2069 - CUP 20-13 December 22, 2020 Page 5 of 8 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 tattoo business, as it will occupy an existing vacant commercial unit within an existing commercial shopping center. The proposed use will be compatible with the diverse mix of uses in the center, including the existing services uses in the center and the neighborhood. The proposed hours of operation will also be compatible with the other businesses located in the center. The number of required parking spaces for the proposed use will be the same as the previous retail use; therefore, parking in the center is not expected to be impacted. Lastly, the Planning Commission has approved a similar use in the Commercial zone in previous years, which has not caused any significant impacts to surrounding properties or uses in the neighborhood. Therefore, the unit and site will be suitable for the proposed use. 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 along E. Duarte Road and S. 2nd Avenue, which are designated and designed with the capacity to accommodate both public and emergency vehicles. The streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed 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 Departments 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 unit is located within an existing commercial shopping center, which is adequately serviced by existing utilities. The request does not include new construction that will impact the provision of utilities; nor will it be operated in a manner that will impact the provision of utilities. Therefore, no impact to utilities or the City’s infrastructure are anticipated. Resolution No. 2069 - CUP 20-13 December 22, 2020 Page 6 of 8 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 tattoo use will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the proposed operations of the use will not negatively affect the existing uses in the commercial shopping center, or the surrounding businesses and properties. The center has ample parking spaces to accommodate the existing uses and the proposed tattoo use. In addition, the use will be subject to periodic inspections to ensure all City regulations are being met, and the use will be required to comply with all applicable County Healthy Code requirements. Therefore, no impacts are anticipate d from the proposed tattoo use. 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 fac ility (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 December 10, 2020. As of December 17, 2020, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2069 approving Conditional Use Permit No. CUP 20-13 for a new tattoo 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 20-13 shall be limited to tattoo services and body piercings, and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-13, 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 operating hours shall be limited to 10:00 AM to 8:00 PM, daily. Any change to the approved hours of operation shall be subject to review and approval by the Planning Commission. Resolution No. 2069 - CUP 20-13 December 22, 2020 Page 7 of 8 3. There shall be a maximum of eight (8) people, including staff and patrons at any one time. Any intensification to the maximum number of people allowed at any one time, shall be subject to review and approval by the Planning Commission. 4. The tattoo/body piercing workstation areas shall remain open to view from the front waiting area. No improvements shall be allowed to create either fully or partially enclosed workstations. 5. 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 6. 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. 7. Noncompliance with the plans, provisions and conditions of approval for C UP 20-13 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 8. 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. Resolution No. 2069 - CUP 20-13 December 22, 2020 Page 8 of 8 9. Approval of CUP 20-13 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 20-13, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2069 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 20-13, 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 December 22, 2020 hearing, please contact Senior Planner, Luis Torrico, at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2069 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2069 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Site City of Arcadia 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. 2,257 © City of Arcadia 0.1 Legend 1: Miles00.03 This map was automatically generated using Geocortex Essentials. 0.1 Notes Map Printed:December 11, 2020 City Boundary Arcadia City Boundary Sphere of Influence Parcels LA County Parcels (Arcadia) - weekly update The subject site is zoned C-G (General Commercial) Shopping Center Shopping Center Shopping Center Unit – 158 E. Duarte Road, Suite A Attachment No. 3 Attachment No. 3 Site Plan and Floor Plan STORAGE CABINETS Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: A request to approve a tattoo business with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) 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): 158 E. Duarte Road, Suite A (E. Duarte Road & S. 2nd Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Michael T. Montoya (2) Address 421 N. Reeder Ave. Covina, CA 91724 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: December 22, 2020 Staff: Luis Torrico, Senior Planner