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HomeMy WebLinkAbout1832RESOLUTION NO. 1832 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -18 FOR A DAY SPA EXPANSION AT 70 AND 72 WEST LIVE OAK AVENUE. WHEREAS, on December 6, 2010, an application was filed by Ms. Ying Wan Phu of Rainbow Spa at 70 W. Live Oak Avenue to expand the spa into the adjacent unit at 72 W. Live Oak Avenue, Development Services Department Case No. CUP 11 -18; and WHEREAS, a public hearing was held by the Planning Commission on March 22, 2011, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 22, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed expansion of the day spa will not have an adverse affect on property or nearby businesses because the current day spa use will remain unchanged with the approval of this application. Construction - related impacts will be avoided because the expansion of the day spa will occur by occupying an existing vacant unit on the site, rather than building a new structure. The day spa will be required to comply with all County Health Code requirements, and the City of Arcadia Massage regulations. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A day spa is allowed in the C -M zones with an approved Conditional Use Permit per Section 9275.1.53.2.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. There is sufficient parking on site to meet the parking requirement for the proposed day spa expansion. A parking modification is required to allow the expanded day spa to use spaces that are smaller than the dimensions required by Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. All of the surrounding streets; Live Oak Avenue, McCulloch Avenue, and Welland Avenue are adequate to serve the existing tattoo parlor and expanded day spa. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The day spa is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -18 to expand the day spa at 70 W. Live Oak Avenue into the adjacent unit at 72 W. Live Oak Avenue, subject to the following conditions: -2- 1832 1. The daily hours of operation of the day spa shall be limited to 10:00 a.m. — 9:00 p.m. 2. The use approved by CUP 10 -18 is limited to the proposed day spa which shall be operated and maintained in a manner that is consistent with the proposal submitted for CUP 10 -18, subject to the satisfaction of the Development Services Director or designee. 3. The maximum number of licensed massage therapists on the employee roster shall match the number of rooms in the day spa designated for massage therapy, which in this case there are two. This is consistent with the City's Massage Therapist Regulations which require massage to be incidental to the main use per section 6418.3. 4. The use approved by CUP 10 -18 is limited to the expanded day spa, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -18, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets and neighboring businesses or properties that are observed during these inspections. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -18 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the day spa. 6. This approval of CUP 10 -18 includes a parking modification to allow the expanded day spa to use the existing substandard parking spaces (i.e. 8' -6" widths by 13' -0" depths in lieu of 9' -0" widths by 20' -0" depths) in order to maintain the existing 13 spaces. -3- 1832 7. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of CUP 10 -18 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [Signatures on next page] -4- 1832 Passed, approved and adopted this /a day of AU-4 , 2011. ATTEST: Sec ry, Planning Commission APPROVED AS TO FORM: l'a-eicg Stephen I'. Deitsch, City Attorney Chi: a PI �'► ing Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1832 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 12th day of April, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, and Parrille NOES: None ABSTAIN: Commissioner Chiao Secret .,'f the Planning Commission