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HomeMy WebLinkAbout2078RESOLUTION NO. 2078 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 21-02 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A NEW TATTOO SHOP AT 832 S. BALDWIN AVENUE WHEREAS, on March 2, 2021 an application for Conditional Use Permit No. CUP 21-02 was filed by the business owner, Wang Xiu Lui ("Applicant"), to allow a new tattoo shop within a unit of an existing multi -tenant commercial building located at 832 S. Baldwin Avenue; and WHEREAS, on May 28, 2021, Planning Services completed an environmental assessment for the tattoo shop in accordance with the California Environmental Quality Act ("CEQA") and determined that the tattoo shop is exempt under Class 1, Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on July 13, 2021, 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 July 13, 2021 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 and 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. FACT: The proposed tattoo shop will be consistent with the Arcadia General Plan which allows for a wide -range of commercial uses that serve citywide markets. The site is zoned C -G (General Commercial) which under Development Code Section 9102.03.020, Table 2-8, allows Personal Restricted Services such as the proposed tattoo use, subject to the review and approval of a Conditional Use Permit. The tattoo shop will comply with all other applicable provisions of the Development Code and the Municipal Code. The proposed use will be consistent with the intended commercial use of the property, and it will be required to comply with all applicable health regulations mandated by the Los Angeles County Health Department for tattoo shops. Therefore, approval of a tattoo shop 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 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 proposed tattoo shop will occupy a 750 square foot tenant space within an existing commercial building. The proposed tattoo shop does not require any additional 2 parking since it requires the same amount of parking as the previous business. The proposed use will be compatible with the existing uses on the site and will have similar operational characteristics as the other businesses on the site. The tattoo shop will only have one tattoo station, and will operate by an appointment only. The business will also close by 8:00 PM, which is earlier than most commercial businesses. Therefore, the proposed tattoo use will not be detrimental to the existing and future land uses in the vicinity. 3. 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 business will occupy an existing unit space that is physically suitable to accommodate the use since the tattoo shop only consists of one tattoo station. Besides upgrading the existing restroom in order to provide an ADA compliant restroom, no other major renovations to the unit or existing building are required to accommodate the use. A tattoo shop is a type of business that is typically located within multi -tenant commercial center with small tenant spaces that consist of a variety of service based businesses that are compatible to one another. No additional parking is required for the new business. Therefore, the unit and site are 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; 3 FACT: The site is located along S. Baldwin Avenue between W. Huntington Drive and Fairview Avenue. These streets are designated 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. 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 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 building which is adequately serviced by existing utilities. Therefore, the proposed use will have no impact on the utilities or the City's infrastructure. 4. 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 tattoo use will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the proposed use will be compatible with the other existing uses in the commercial building and it is a relatively small operation since it will only have one customer at a time and it will close by 8:00 PM, a which is earlier than most commercial businesses. No additional parking is required since the use has the same parking requirement as the previous business. The business shall be subject to all of the regulations and requirements of the Los Angeles County Health Department requirements. The Arcadia Police Department reviewed the application and had no concerns. Therefore, the site is suitable for the proposed use. SECTION 3. The proposed tattoo shop is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301, of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 4. For the foregoing reasons the Planning Commission determines that the tattoo shop is Categorically Exempt per Class 1, Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 21-02 to allow a new tattoo shop within a 750 square foot unit of an existing multi - tenant commercial building at 832 S. Baldwin Avenue, subject to the conditions of approval attached hereto. 5 SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 13th day of July 2021. r&UrWyn re 4-:�- Lisa L. Flore Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney L /� CGL •,�.,.�'CJ Marilynne Wilander 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. 2078 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 13th day of July, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Wilander, Commissioners Chan, Thompson, and Tsoi NOES: None ABSENT: Vice Chair Lin 7 (�A- Lisa L. Flores Secretary of th lanning Commission RESOLUTION NO. 2078 Conditions of Approval The use approved by CUP 21-02 shall be limited to a tattoo shop with one (1) station, and it shall be operated and maintained in a manner that is consistent with approved plans, and may be subject to periodic inspections to ensure that the business is operated per the approval. 2. The operating hours shall be limited to 11:00 AM to 8:00 PM, seven days a week. Any changes to the hours of operation shall be subject to review and approval of the Planning Commission. 3. Any tattoo artist operating as a self -proprietor and who is not under the employment of the tattoo business shall be required to obtain a business license with the City of Arcadia before commencing any work in the tattoo shop. 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 21-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this CUP. 6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City ("Indemnitees") harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant's activities in connection with Conditional Use Permit No. CUP 21-02 on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant's contractors, agents, tenants, employees or any other persons acting on Applicant's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days' notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City's legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of. (i) a final, non -appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third -party challenge(s) or take any position adverse to the Applicant in connection with such third -party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. Approval of CUP 21-02 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.