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HomeMy WebLinkAbout2-22-22 PC Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, February 22, 2022, 7:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. ᰿ᤣࠓ⨾ᅜṧ㞀ேἲ᱌ࠔⓗ妫⮁Ə曧奨㎷ᾂ㭲暃䛟⅚寪㕛ㇽᾦ∐宥㖤㈴僤⎩⊇ἁ宕䙫㭲暃ạ⣒Ƌ⋬㋓彬⊐♏㜷ㇽ㛴⊈ƌƏ⏖⏸妫⇹㛴⊈惏 寞㰩厞⽾㭋䱢寪㕛ㇽᾦ∐宥㖤Ə䔜寄⏞䟨 (626) 574-5423ࠋ寞✏ἁ∴ 48 ᑠ㗝态䟌妫⇹㛴⊈惏ƏỌᾦὃ⇡⏯䏭⭰㍹Ə䡕ῄ桡∐⎩⊇ἁ宕˛ Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. ᰿ᤣ㜿⇖忑ẁⷩ䙫寔姧ᾦ∐㛴⊈㔦䬽Ə勘寔僤⊂㛰昷⹝曧奨俢宸㛴⊈㈴僤⎩⊇ἁ宕䙫ạ⏖᷵ⷩṍ宗⭿⊅⅓⮋倻䳢Ƌ䔜寄Ɲ626-574-5455 㸧㸪寞㰩㎷ᾂ⾾ㄦㇽ᷺ḁ俢宸㛴⊈Ə寞凚⯸✏ἁ∴ 72 ᑠ㗝㎷⇡寞㰩˛ CALL TO ORDER ROLL CALL Zi Lin, Chair Kenneth Chan, Vice Chair Brad Thompson, Commissioner Vincent Tsoi, Commissioner Marilynne Wilander, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to three (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1 1. Resolution No. 2089 – Approving Conditional Use Permit No. CUP 21-04 with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) to allow a day spa and massage business at 204 E. Live Oak Avenue Recommendation: Adopt Resolution No. 2089 Applicant: Qing Geng There is a ten day appeal period after the adoption of the Resolution. if adopted, appeals are to be filed by 4:30 p.m. on Firday, March 4, 2022. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 2. Minutes of the January 25, 2022 Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, March 8, 2022, at 7:00 p.m. 2 DATE: February 22, 2022 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Edwin Arreola, Assistant Planner SUBJECT: RESOLUTION NO. 2089 – APPROVING CONDITIONAL USE PERMIT NO. CUP 21-04 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW A DAY SPA AND MASSAGE BUSINESS AT 204 E. LIVE OAK AVENUE Recommendation: Adopt Resolution No. 2089 SUMMARY The Applicant, Qing Geng, is requesting approval of Conditional Use Permit No. CUP 21-04 to allow a new day spa and massage business (dba: VIP Massage and Skin Care) at 204 E. Live Oak Avenue. The proposed business would offer spa treatments such as full body massages, facials, and eyelash extensions. It is recommended that the Planning Commission adopt Resolution No. 2089 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 21-04, subject to the conditions listed in this staff report. BACKGROUND The subject site is located within a commercial center at the southeast corner of Tyler Avenue and E. Live Oak Avenue. The existing 5,668 square foot, one-story commercial building has four units (200-206 E. Live Oak Avenue – refer to Attachment No. 3 for the Site Plan and Floor Plan. The site has three (3) driveways for ingress/egress, one off of Live Oak Avenue, and the other two off of Tyler Avenue and a total of 29 parking spaces. The business will be located in one of the four units that is approximately 948 square feet at 204 E. Live Oak Avenue (formerly occupied by a dry cleaner business). The unit has been vacant since August of 2017. The adjacent units consist of a convenience store (200 E. Live Oak Avenue), a nail salon (202 E. Live Oak Avenue), and a cellular retail store (206 E. Live Oak Avenue). 3 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 2 of 9 Figure 1 – Aerial of Subject Site The property is zoned MU (Mixed-Use) and has a General Plan Land Use Designation of Mixed-Use. The site is surrounded by other commercial properties zoned MU to the east, south and west and a property zoned C-G (General Commercial) with an office building to the north - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. PROPOSAL The proposed day spa and massage business will provide full body massages such as hot stone, warm towel, and oil massages to be conducted in two private rooms. In addition to massages, the business will offer HydraFacial treatments, whitening facials, acne clearing treatments, and eyelash extensions. Day spa and massage businesses are considered a Personal Restricted Use under the City’s Development Code and are only allowed through a Conditional Use Permit. There will be a total of three (3) employees, two massage therapists and an esthetician, at any given time. Customers will be assigned to a room after they check-in. When a massage therapist or esthetician is with another client, the customer(s) will be allowed to remain in the waiting area until they can be attended. 4 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 3 of 9 The business floor plan will consist of a reception/waiting area, two (2) private treatment rooms, and a restroom as shown on the floor plan below and under Attachment No. 3 - Site Plan and Floor 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 ANALYSIS Any personal restricted services are subject to a Conditional Use Permit in the MU, Mixed-Use zone. Day spa and massage establishments are considered “restricted” and are not allowed by-right. The Arcadia Police Department reviewed this request and had no issues with the proposed project. Additionally, no issues were reported at the Applicant’s previous business location in Rosemead by the City of Rosemead and the Los Angeles County Sheriff’s Department. 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 29 parking spaces for all uses in the commercial center. Since the previous business was a personal service use and parked at the same rate as the proposed business at one (1) parking space per 200 square feet, no change in parking is required. However, the parking on site is still sufficiently provided as the proposed business requires five (5) parking spaces, the convenience store requires 13 spaces, the nail salon requires six (6) spaces, and the cellular retail store requires five 5 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 4 of 9 (5) spaces for a total of 29 required parking spaces. Of those spaces, there are two (2) accessible parking spaces for all businesses. 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 day spa and massage business that is in compliance with all regulations in the Mixed-Use land use designation. The Mixed-Use designation is intended to provide opportunities for commercial and residential mixed-use development that provides complementary mixes of uses and encourage shared use of parking areas, pedestrian movement, and interaction of uses within a mixed-use district. The proposed business is a service that will be located within a commercial center with shared parking consisting of a mix of other uses and is consistent with the Mixed-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. 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 Mixed-Use (MU). Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services, such as the proposed business in the MU 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. The lot will continue to accommodate the required parking for all 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. 6 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 5 of 9 Facts to Support This Finding: The proposed day spa and massage business will occupy an existing 948 square foot commercial unit within the existing four-unit building. Access and circulation on site will not be an issue because the property is a corner lot with multiple driveway approaches. Adequate parking will be provided for the proposed business and three other businesses on site. The Arcadia Municipal Code currently requires 29 parking spaces for all four uses on site and 29 spaces will be provided. The use of the site as a day spa and massage business is compatible and not detrimental to the other existing personal service and retail businesses located on site and along Live Oak Avenue. 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 day spa and massage business because the property is an improved site with an existing commercial building. The site is improved with ample surface parking and two ADA parking spaces to accommodate the new use and existing businesses. The site is also developed with adequate landscaping, lighting, and other features typical of commercial 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 on the corner of Tyler Avenue 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 four (4) commercial units. The Building and Fire Department have reviewed the application and determined that no additional 7 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 6 of 9 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 day spa and massage business providing full body massages, facial treatments, eyelash extensions 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 streets, is providing adequate parking for both the existing tenants 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 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 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 February 10, 2022. As of February 17, 2022, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2089 approving Conditional Use Permit No. CUP 21-04 for a new day spa and massage business and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 8 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 7 of 9 1. The use approved by CUP 21-04 shall be limited to a day spa and massage business providing massage services and beauty services such as facials and non- surgical facial enhancements. Its hours of operation shall be limited to the hours of 10:00 a.m. to 9:00 p.m., everyday. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 21-04, and shall be subject to periodic inspections, after which the conditions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 2. The facility shall consist of two (2) private treatment rooms with a maximum of one customer and one employee in each room at any one time. All services shall be provided in a fully enclosed room and should not be conducted in the reception/waiting area. All masseuses or massage therapists must be a licensed by the State and comply with all the regulations of the Massage Ordinance in the City’s Municipal Code. Beds, floor mattresses, table showers, and waterbeds are not permitted. Any increase to the number of private treatment 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 2022 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 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. Improvements 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 21-04 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 9 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 8 of 9 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 CUP 21-04 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. 7. Approval of CUP 21-04 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. 10 Resolution No. 2089 - CUP 21-04 February 22, 2022 Page 9 of 9 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 21-04, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2089 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 21-04, 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 February 22, 2022 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. 2089 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 11 Attachment No. 1 Attachment No. 1 Resolution No. 20 12 13 14 15 16 17 18