HomeMy WebLinkAbout2069RESOLUTION NO. 2069
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, 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
WHEREAS, on September 28, 2020 an application for Conditional Use Permit No.
CUP 20-13 was filed by the business owner, Michael T. Montoya (`Applicant'), to allow a
new tattoo business within an existing 741 square foot unit within an existing commercial
shopping center located at 158 E. Duarte Road, Suite A (`Project'); and
WHEREAS, on November 16, 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 December 22, 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 December 22, 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. The proposed use is consistent with the General Plan and any applicable specific
plan.
FACT: The Project 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 Project 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; therefore, approval of the Project 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 the
proposed Project in the C -G zone subject to the review and approval of a Conditional Use
Permit. The Project will be located within an existing commercial shopping center that has
an adequate number of parking spaces to serve the existing uses and the Project;
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therefore, there should be no impacts to the existing businesses in the center. Lastly, the
Project 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.
FACT: The Project will occupy an existing 741 square foot commercial unit within
an existing commercial shopping center. The Project will have the same parking
requirement of four (4) parking spaces as the previous retail use; therefore, no additional
parking is required. The Project 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 Project will not be detrimental to the existing and future land
used in the vicinity.
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 tattoo business, as it will
occupy an existing vacant commercial unit within an existing commercial shopping center.
The Project 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 Project will be the same as the previous retail
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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;
FACT: 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
Project will not impact these rights-of-way.
c. Public protection services (e.g., fire protection, police protection, etc.); and
FACT: 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 unit or site.
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 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.
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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 will not be detrimental to the public health or welfare,
or the surrounding properties. The size and nature of the proposed operations 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 Project. In addition, the Project will be subject to periodic inspections
to ensure all City regulations are being met, and will be required to comply with all
applicable County Healthy Code requirements. Therefore, no impacts are anticipated from
the proposed Project.
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 20-13 to allow a new tattoo business within an existing 741 square foot unit, subject
to the conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 22nd day of December, 2020.
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Lisp( L. Flores
Secretary
APPROVED AS TO FORM:
r
Stephen P. Deitsch
City Attorney
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. 2069 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 22nd day of December, 2020
and that said Resolution was adopted by the following vote, to wit:
AYES: Chair Lewis, Vice Chair Wilander, and Chan, Lin, and Thompson
NOES: None
ABSENT: None
Flores
try of the Planning Commission
RESOLUTION NO. 2069
Conditions of Approval
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.
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.
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 CUP 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.
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.