Loading...
HomeMy WebLinkAbout04-11-23 Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, April 11, 2023, 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. (626) 574-5423 48 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 Cle (626) 574-5455 at least 72 hours prior to the meeting. 626-574-5455 72 CALL TO ORDER ROLL CALL Brad Thompson, Chair Vincent Tsoi, Vice Chair Angela Hui, Commissioner Domenico Tallerico, Commissioner Marilynne Wilander, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (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 1 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. Resolution No. 2124 Approving Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23-01 to allow a new massage business and a parking modification at 51 E. Foothill Boulevard CEQA: Exempt Recommendation: Adopt Applicant: Michelle Wu There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, April 24, 2023. 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 March 14, 2023, 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, April 25, 2023, at 7:00 p.m. 2 Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Publ www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 3 (Arcadia Public Library) (www.ArcadiaCA.gov) (Planning@ArcadiaCA.gov) (City Hall, 240 W. Huntington Drive, Arcadia, California) (5) (5) 403 4 DATE: April 11, 2023 TO: Honorable Chairman and Planning Commission FROM:Lisa L. Flores, Deputy Development Services Director Prepared By: Edwin Arreola, Associate Planner SUBJECT:RESOLUTION NO. 2124 – APPROVING CONDITIONAL USE PERMIT NO. CUP 22-12 AND PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC AM 23-01 TO ALLOW A NEW MASSAGE BUSINESS AND A PARKING MODIFICATION AT 51 E. FOOTHILL BOULEVARD CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant and Property Owner, Michelle Wu, is requesting approval of Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23-01 to allow the operation of a new massage business (dba: Ann Karen Wellness) at 51 E. Foothill Boulevard. The business will also provide body slimming and facial services. The project is subject to a parking modification to maintain the eight (8) parking spaces in lieu of 18 parking spaces for all the uses within this multi-tenant building. It is recommended that the Planning Commission adopt Resolution No. 2124 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23-01, subject to the conditions listed in this staff report. BACKGROUND The subject site is an interior lot that is located on the north side of E. Foothill Boulevard between Oakwood Drive and Highland Oaks Drive (see Figure 1). The existing 3,680 square foot, one-story commercial building has three units (49-51 E. Foothill Boulevard – refer to Attachment No. 3 for the Site Plan and Floor Plan). The proposed business will be located in one of the three units that is approximately 1,350 square feet at 51 E. Foothill Boulevard. The site includes eight (8) parking spaces at the rear of the 5 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 2 of 12 commercial building accessed via an alley. The unit was previously occupied by a professional office use until March of 2021 and is currently vacant. The adjacent units consist of an accounting office (49 E. Foothill Boulevard) and a beauty salon (53 E. Foothill Boulevard). The business owner for Ann Karen Wellness is the owner of the subject property and also owns the accounting office next door at 49 E. Foothill Blvd. Figure 1 – Aerial of Subject Site 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 zoned C-G to the northwest, west, east, and across the street to the south and there is an R-3 (High Density Residential) property located to the northeast across from the alley that faces Highland Oaks Drive - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. 6 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 3 of 12 PROPOSAL The Applicant is proposing a massage business that will be utilizing BIBOTING massage machines that use suction cups to continuously massage a portion of the body. It is a non-invasive holistic deep tissue suction process that allows the skin to be exercised and to increase the elasticity of the skin. There will be no hand to body massages conducted at this business. Additionally, the business will offer facial treatments and body slimming treatments. The Applicant will also be selling the BIBOTING machines at the business. These services are classified as personal services under the City’s Development Code. Massage services, however, are considered a Personal Restricted Use and are only allowed through a Conditional Use Permit. There will only be one (1) employee operating the business at any given time. This business will be operated by appointment only, and each appointment is approximately one to two hours depending on the type of service(s) the customer requests. Upon arrival to the business, customers will be assigned to a room after they check-in. The employee will assist in attaching and detaching the suction cups on the customer and the machine will operate the massage on its own. Facial treatments will also be conducted through the use of the BIBOTING machine by the employee. The 1,350 square foot unit will have a waiting room, two (2) private treatment rooms, a break room, a storage room, and a restroom as shown below and under Attachment No. 3 - Site Plan and Floor Plan. The proposed business hours will be from 10:00 a.m. to 6:00 p.m., Monday through Friday. 7 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 4 of 12 Figure 2 – Proposed Floor Plan The site has a total of eight (8) standard parking spaces but has an existing parking deficiency based on the parking required for all the uses within this building per the Development Code. A total of 18 parking spaces are required for all three tenants, as shown below: Figure 3 – Parking Table 8 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 5 of 12 A Parking Modification is required, as the change in use for the subject unit from a professional office to a personal service use requires one (1) additional parking space which cannot be accommodated on site, and the entire site will have 10 less parking than what is required per code. ANALYSIS A personal restricted service, such as a massage service, is subject to a Conditional Use Permit in the C-G, General Commercial zone. The Arcadia Police Department has reviewed this request and had no issues with the proposed massage services proposed for the business. 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 site consists of three units that share the same parking lot at the rear of the building. The site has maintained a legal non-conforming parking lot consisting of eight (8) spaces, as it was developed this way since 1953. Many of the other properties on this block have a similar parking situation as they either utilize their non-conforming parking at the rear of the properties or park along the street. The current uses include an accounting office, which is also owned by the Applicant, open from 9:00 a.m. to 5:00 p.m., Monday through Friday, and a beauty salon that is open from 10:00 a.m. to 6:00 p.m., Tuesday through Sunday. The proposed massage business will be open from 10:00 a.m. to 6:00 p.m., Monday through Friday. A parking analysis was required to better understand the current parking situation and the parking demand from all of the uses. The Applicant contracted with More Services to prepare a detailed parking analysis to provide the City with information of the present parking situation – refer to Attachment No. 4 – Parking Analysis. Parking activity was observed for two days on February 6, 2023 and February 7, 2023 once every three hours during the proposed hours of operation for the business. During this time, it was observed that, at most, there were only two cars in the parking lot at the rear of the property and that visitors and/or employees had parked on the streets because it was more convenient. The parking analysis concluded that, considering the hours of operation for the subject use and adjacent uses, proposed duration of stay of customers, and number of users for the use, there will be adequate parking for the proposed business. There is also ample parking in the parking lot and on the streets throughout the day. It was determined that the additional four (4) vehicles for the proposed business (one employee, two customers in each private room, and one customer waiting) would not create a parking problem. Therefore, there is sufficient parking to adequately serve the business. In terms of on-street parking, there are no parking restrictions on this portion of E. Foothill Boulevard and around the corner on Highland Oaks Drive. Oakwood Drive has street parking that is restricted to two-hour parking from 8:00 a.m. to 6:00 p.m. Additionally, Staff has not observed or been informed of any parking issues with the site 9 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 6 of 12 and surrounding streets. The Applicant, who is also the property owner will ensure there will not be a parking issue since she has a vested interest in making sure all the businesses will survive. FINDINGS Section 9107.09.050(B) of the Development Code requires that the Planning Commission may approve a Conditional Use Permit if all of the required 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. Facts to Support This Finding: The proposed massage use is consistent with the Commercial land use designation of the site. The Commercial land use designation is intended to permit a wide-range of commercial uses that serve citywide markets. Approval of a massage business is a service that is typically or often found in commercial zoned property and it is consistent with the Commercial land use designation of the site. The site is zoned General Commercial (C-G) and Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services, such as the proposed use, in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed massage use operations and improvements will comply with the Massage Therapist regulations as set forth in the Arcadia Municipal Code. Therefore, the massage use will not adversely affect the comprehensive General Plan, is in compliance with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code, 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. Facts to Support This Finding: The proposed business will occupy a 1,350 square foot commercial unit within the existing three-unit building. The existing unit will be able to handle the expected demand from this massage business as it will function on an appointment only basis and it will only have two private treatment rooms. Thus, only two customers will be serviced at a time. The proposed use is in compliance with all the applicable development standards and land use regulations of the C-G zone and will have adequate parking to serve the use, as more fully set forth in the Administrative Modification findings below. The use is compatible and not 10 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 7 of 12 detrimental to the other existing retail and commercial businesses located on site and along E. Foothill Boulevard. Therefore, the proposed massage business is compatible with 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, site improvements, loading, and parking. Facts to Support This Finding: The site is physically suitable and adequately developed for the proposed massage use because the property is an improved site within an existing commercial building. The 1,350 square foot commercial unit has multiple rooms adequate in size to carry out the services proposed by the business. The proposed business will not require any additional site improvements or construction. There is sufficient parking available for the proposed business within the parking lot at the rear of the site and on the surrounding streets. The business will limit the number of customers to three (3) customers, one in each of the private treatment rooms, and one customer within the waiting area. Therefore, the operating characteristics of the unit shall be suitable for the business. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The property is located on the north side of E. Foothill Boulevard. Foothill Boulevard is adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. Therefore, the proposed business 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 change in use will not require any new plumbing fixtures or new improvements; and the existing utilities and infrastructure will continue to adequately service the site. 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 11 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 8 of 12 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 massage use is in compliance with the Arcadia Development Code standards. The proposed use will not be detrimental to the public health or welfare of the surrounding properties, as the use is complementary to the mixture of other commercial businesses along Foothill Boulevard including the adjacent accounting office and beauty salon. Also, the site is located along Foothill Boulevard which is a commercial corridor that has a mix of businesses that serve the surrounding communities. The subject site has adequate parking, and it 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, 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. Pursuant to Development Code Section 9107.05.050, an Administrative Modification may be approved if at least one of the following findings can be made. 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. Although the site is parked at a legal non-conforming rate with a total of eight (8) standard parking stalls and deficient based on the required number of parking of 18 spaces for all of the units, the parking demand on the site is very low. The parking analysis that was prepared by a consultant concluded that only two spaces were occupied at most throughout the day. Despite the subject unit being vacant during the observation period, the analysis concluded that the demand for parking for the proposed business would still be adequate for the entire site. The proposed use only requires one (1) more additional parking than the previous office use. There is also ample street parking that is available on the surrounding streets adjacent to this site. The site has more than sufficient parking to accommodate the new use and the existing businesses on the site. The proposed business hours will be limited to 10:00 a.m. to 6:00 p.m., Monday through Friday, as those were the hours observed under the parking analysis and will be similar to the hours of operation of the other businesses on site. Therefore, approval of this Modification to maintain the eight parking spaces in lieu of 18 spaces will prevent an unreasonable hardship in meeting the required parking despite a low parking demand and will not result in an impact to the adjacent commercial properties or adjacent streets, as it has not since the building was developed in 1953. 12 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 9 of 12 ENVIRONMENTAL IMPACT It has been determined that the project qualifies as a Class 1 and Class 5 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for the use of an existing facility and Section 15305 for a minor alteration in land use limitations (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 March 30, 2023. As of April 6, 2023, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2124 approving Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23-01 to allow massage services and reduce the required parking by one space 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 Conditional Use Permit No. CUP 22-12 and Planning Commission Modification No. PC AM 23-01 shall be limited to a business providing massage services and beauty services, such as facials and body slimming treatments. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 22-12 and PC AM 23-01, 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 business shall be limited to two (2) private treatment rooms with a maximum of one customer in each room. All services shall be provided in a fully enclosed room. 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. 3. The plans submitted for Building plan check shall comply with the latest adopted edition of the Building and Fire codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code 13 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 10 of 12 e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal 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 22-12 and PC AM 23-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the 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 22-12 and PC AM 23-01 (“Project”) 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 notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. 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, the Applicant shall provide to the 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. The City may draw funds from the deposit for such fees, costs, and 14 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 11 of 12 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. The City shall only refund to the 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. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any 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, at the request of the Applicant or not. 7. Approval of CUP 22-12 and PC AM 23-01 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 22-12 and Planning Commission Administrative Modification No. PC AM 23-01, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2124 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 22-12 and Planning Commission Administrative Modification No. PC AM 23-01, 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 April 11, 2023 hearing, please contact Associate Planner, Edwin Arreola, at 626-821-4334, or by email at earreola@ArcadiaCA.gov. 15 Resolution No. 2124 - CUP 22-12 & PC AM 23-01 April 11, 2023 Page 12 of 12 Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2124 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: Parking Analysis Attachment No. 5: Preliminary Exemption Assessment 16 17 24347.00004\41155556.1 1 RESOLUTION NO. 2124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 22-12 AND PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC AM 23-01 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW A NEW MASSAGE BUSINESS AND A PARKING MODIFICATION AT 51 E. FOOTHILL BOULEVARD WHEREAS, on October 14, 2022 and February 28, 2023, applications for Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23-01 were filed, respectively, by the business owner, Michelle Wu (“Applicant”), to allow the operation of a new massage business (dba: Ann Karen Wellness) and a parking modification to maintain eight (8) parking spaces in lieu of 18 required parking spaces for all the uses within the multi-tenant building located at 51 E. Foothill Boulevard (“Project”); and WHEREAS, on March 29, 2023, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the Project is exempt under CEQA per Section 15301(a) of the CEQA Guidelines pertaining to the use of an existing facility, and Section 15305 of the CEQA Guidelines for a minor alteration to land use limitations; and WHEREAS, on April 11, 2023, a duly-noticed public hearing was held before the Planning Commission on said Project, 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: 18 24347.00004\41155556.1 2 SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April 11, 2023, are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Sections 9107.09.050 and 9107.05.050 of the Arcadia Development Code, all of the following findings can be made: Conditional Use Permit 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 Project is consistent with the Commercial land use designation of the site. The Commercial land use designation is intended to permit a wide-range of commercial uses that serve citywide markets. Approval of a massage business is a service that is typically or often found in commercial zoned property, and it is consistent with the Commercial land use designation of the site. The site is zoned General Commercial (C-G) and Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services, such as the proposed use, in the C-G zone subject to the review and approval of a Conditional Use Permit. The Project operations and improvements will comply with the Massage Therapist regulations as set forth in the Arcadia Municipal Code. Therefore, the Project will not adversely affect the comprehensive General Plan, is in compliance with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code, and is consistent with the following General Plan policy: 19 24347.00004\41155556.1 3 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 Project will occupy a 1,350 square foot commercial unit within the existing three-unit building. The existing unit will be able to handle the expected demand from this Project as it will function on an appointment only basis and it will only have two private treatment rooms. Thus, only two customers will be serviced at a time. The Project is in compliance with all the applicable development standards and land use regulations of the C-G zone and will have adequate parking to serve the Project, as more fully set forth in Section 5 below. The Project is compatible and not detrimental to the other existing retail and commercial businesses located on site and along E. Foothill Boulevard. Therefore, the Project is compatible with 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, site improvements, loading, and parking; FACT: The site is physically suitable and adequately developed for the Project because the property is an improved site with an existing commercial building. The 1,350 square foot commercial unit has multiple rooms adequate in size to carry out the services proposed by the Project. The Project will not require any additional site improvements or construction. There is sufficient parking available for the Project within the parking lot at 20 24347.00004\41155556.1 4 the rear of the site and on the surrounding streets. The Project will limit the number of customers to three (3) customers, one in each of the private treatment rooms, and one customer within the waiting area. Therefore, the operating characteristics of the unit shall be suitable for the Project. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located on the north side of E. Foothill Boulevard. Foothill Boulevard is adequate in width and pavement type to carry the traffic generated by the Project and emergency vehicles. Therefore, the 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 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.). FACT: The change in use will not require any new plumbing fixtures or new improvements; and the existing utilities and infrastructure will continue to adequately service the site. 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. 21 24347.00004\41155556.1 5 FACT: The Project is in compliance with the Arcadia Development Code standards. The Project will not be detrimental to the public health or welfare of the surrounding properties, as the use is complementary to the mixture of other commercial businesses along Foothill Boulevard including the adjacent accounting office and beauty salon. Also, the site is located along Foothill Boulevard which is a commercial corridor that has a mix of businesses that serve the surrounding communities. The subject site has adequate parking, and it will not adversely affect access or cause inconvenience to surrounding businesses or properties. The small size and nature of the Project will be contained on the existing site, 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. Minor Administrative Modification 5. At least one of the following findings can be made: a. Secure an appropriate improvement of a lot; b. Prevent an unreasonable hardship; or c. Promote uniformity of development. FACT: Although the site is parked at a legal non-conforming rate with a total of eight (8) standard parking stalls and deficient based on the required number of parking of 18 spaces for all of the units, the parking demand on the site is very low. The parking analysis that was prepared by a consultant concluded that only two spaces were occupied at most throughout the day. Despite the subject unit being vacant during the observation period, the analysis concluded that the demand for parking for the proposed business would still 22 24347.00004\41155556.1 6 be adequate for the entire site. The proposed use only requires one (1) more additional parking than the previous office use. There is also ample street parking that is available on the surrounding streets adjacent to this site. The site has more than sufficient parking to accommodate the new use and the existing businesses on the site. The proposed business hours will be limited to 10:00 a.m. to 6:00 p.m., Monday through Friday, as those were the hours observed under the parking analysis and will be similar to the hours of operation of the other businesses on site. Therefore, approval of this Modification to maintain the eight parking spaces in lieu of 18 spaces will prevent an unreasonable hardship in meeting the required parking despite a low parking demand and will not result in an impact to the adjacent commercial properties or adjacent streets, as it has not since the building was developed in 1953. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is subject to a Class 1 and Class 5 Categorical Exemption pursuant to Section 15301(a) of the CEQA Guidelines pertaining to the use of an existing facility and Section 15305 of the CEQA Guidelines for a minor alteration to land use limitations. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15301(a), Class 1, and Section 15305, Class 5, and approves Conditional Use Permit No. CUP 22-12 and Minor Administrative Modification No. MINOR AM 23-05 to allow massage services and a parking modification to reduce the number of required parking by one space for a new business located at 51 E. Foothill Boulevard, subject to the conditions of approval attached hereto. 23 24347.00004\41155556.1 7 SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 11th day of April, 2023. ______________________ Brad Thompson Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney 24 24347.00004\41155556.1 8 Page Intentionally Left Blank 25 24347.00004\41155556.1 9 RESOLUTION NO. 2124 Conditions of Approval 1. The use approved by Conditional Use Permit No. CUP 22-12 and Planning Commission Modification No. PC AM 23-01 shall be limited to a business providing massage services and beauty services, such as facials and body slimming treatments. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 22-12 and PC AM 23-01, 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 business shall be limited to two (2) private treatment rooms with a maximum of one customer in each room. All services shall be provided in a fully enclosed room. 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. 3. The plans submitted for Building plan check shall comply with the latest adopted edition of the 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 i. Arcadia Municipal 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 22-12 and PC AM 23-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 26 24347.00004\41155556.1 10 6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the 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 22-12 and PC AM 23-01 (“Project”) 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 notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. 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, the Applicant shall provide to the 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. The 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. The City shall only refund to the 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. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any 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, at the request of the Applicant or not. 7. Approval of CUP 22-12 and PC AM 23-01 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. ---- 27 28 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1953 3,680 0 Property Owner Site Address:49 E FOOTHILL BLVD Parcel Number: 5771-020-012 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: 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. Report generated 04-Apr-2023 Page 1 of 1 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Attachment No. Attachment No. 79 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23-01 to allow a new massage business and a parking modification. 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): 51 E. Foothill Boulevard – The business is located on the north side of E. Foothill Boulevard between Oakwood Drive and Highland Oaks Drive. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Michelle Wu, Business Owner (2)Address 49 E. Foothill Boulevard Arcadia, CA 91006 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) 15305 – Class 5 (Minor alteration to land use limitations) 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: March 29, 2023 Staff: Edwin Arreola, Associate Planner 80 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, March 14, 2023 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Thompson called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, and Wilander ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There was no supplemental information. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2122 – Approving a subsequent one-year time extension for the approved senior assisted living care facility at 1150 W. Colorado Boulevard CEQA: Not a Project Recommendation: Adopt Applicant: Artis Senior Living of Arcadia, LLC MOTION- PUBLIC HEARING Chair Thompson introduced the item and Planning Services Manager Fiona Graham presented the staff report. Commissioner Tallerico asked to clarify the reason why the project was put on hold. Ms. Graham explained the Applicant owns assisted-living care facilities throughout the country and many of those facilities were impacted by the pandemic, which in turn affected the construction of this project. Vice Chair Tsoi asked if the Applicant has submitted to the plans to Building Services for plan check. Ms. Graham confirmed they had not. Commissioner Hui asked what the asking price for the property. Ms. Graham said she is not aware of the asking price. But one of the options is to sell the property with the entitlements. Vice Chair Tsoi asked what the zone change was for. Ms. Graham said the zone change was for the removal of two overlays – design and parking. Chair Thompson asked if the removal of the overlay will affect any other project on this property. 81 2 3/14/23 Ms. Graham explained the overlay was to limit the height of the building to one story and there was a parking restriction. The removal of the two overlays removed those requirements from this project and to any subsequent project. Chair Thompson opened the public hearing. The Commissioners had no questions for the Applicant. Chair Thompson asked if there were any other speakers in favor of the proposal. Chair Thompson asked if there were any other speakers in opposition of the proposal. No one else spoke in favor or in opposition of the project. It was moved by Commissioner Tallerico, seconded by Commissioner Wilander, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico said he now understands why the company requested for an extension and was in favor of approving the extension. Commissioner Wilander was in favor of approving the extension. Commissioner Hui was in favor of approving the extension. Vice Chair Tsoi said he thinks it is good use of the property and was in favor of approving the extension. Chair Thompson said the extension provides flexibility for the future buyer so that they do not have to start the process over to obtain entitlements. He believed the facts that support the findings are accurate and is in favor of the extension. Commissioner Wilander asked for clarification that this item was not a project. Ms. Flores clarified the extension is not a project per CEQA. MOTION It was moved by Commissioner Wilander, seconded by Commissioner Tallerico to approve a subsequent one-year extension for the approved senior living care facility at 1150 W. Colorado Boulevard ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, and Wilander NOES: None ABSENT: None 82 3 3/14/23 There is a 10 day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, March 27, 2023. CONSENT CALENDAR 1. Minutes of the February 28, 2022, Regular Meeting of the Planning Commission Recommendation: Approve Commissioner Hui motioned to approve the minutes and seconded by Vice Chair Tsoi. ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, and Wilander NOES: None ABSENT: None The Motion was approved. MATTERS FROM CITY COUNCIL LIAISON Dr. Cao reported the Arcadia Highschool will have a musical on Thursday, March 16 through Sunday, March 18. On March 17 the Arcadia Senior Services is having a Scottish band performance at the community center. On March 22 the Arcadia Library is having a classical kaleidoscope concert. On April 2 the Pasadena Humane Society is having an event at Brookside Park in Pasadena. MATTERS FROM THE PLANNING COMMISSONERS The Commissioners had nothing to report. Commissioner Wilander asked if the City has electric vehicle charging stations. Ms. Flores said there are four charging stations at the City Hall parking lot, and additional stations at the City’s Public Works location and the City’s Library. Commissioner Hui asked if it is possible to host a speaker at a City facility. Ms. Flores said it is possible and it would be best to coordinate with the City Manager’s office. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Grace Yeo had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that there will be two items to consider at the next Planning Commission meeting. 83 4 3/14/23 ADJOURNMENT The Planning Commission adjourned the meeting at 7:23 p.m., to Tuesday, March 28, 2023, at 7:00 p.m. in the City Council Chamber. Brad Thompson Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission 84