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HomeMy WebLinkAboutResolution No. 2069RESOLUTION 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; `a 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 3 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. M 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. 5 0 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.