HomeMy Public PortalAbout_Resolution No. 23-2607 pc9510 Las Tunas Drive_1/24/2023_ (2)TEMPLE
CITY
City of Temple City
Resolution 23-2607 PC
File No. PL 22-3708
Address: 9510 Las Tunas Drive
A RESOLUTION OF THE TEMPLE CITY PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A DAY
SPA LOCATED AT 9510 LAS TUNAS DRIVE.
SECTION 1. The Planning Commission has considered all the evidence submitted into the
administrative record which includes but is not limited to:
1. Reports and presentations of project related data and analysis prepared by the
Community Development Department; and
2. The Temple City Municipal Code, General Plan, Subdivision Map Act, and all other
applicable regulations and codes; and
3. Public comments, both written and oral, received or submitted at or prior to the
public hearing; and
4. Testimony and comments submitted by the applicant and representatives in both
written and oral form at or prior to the public hearing; and
5. All other related documents received or submitted at or prior to the public hearing.
SECTION 2. This resolution is made with reference to the following prefacing facts as
more fully set forth in the administrative record:
1. On October 6, 2022, the applicant submitted the application.
2. On December 8, 2022, the application was deemed complete.
3. On January 24, 2023, the Planning Commission held a public hearing to consider
the application.
4. Notice of the Planning Commission public hearing was posted at the Council
Chambers.
5. Notice of the Planning Commission public hearing was posted at the project site
at least 14 days prior to the hearing.
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PL 22-3708
9510 Las Tunas Drive
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6. Notice of the Planning Commission public hearing was mailed to property owners
within 300 feet of the property, at least 14 days prior to the hearing.
7. Notice of the public hearing satisfied the noticing requirements set forth in
Government Code Sections 65090 and 65091.
8. The project site is zoned DC (Downtown Core).
9. The project site is designated Commercial by the General Plan.
SECTION 3. Based upon the information above, the Planning Commission finds:
1. The proposed use complies with all applicable provisions of this zoning code.
A day spa is a conditionally permitted use in the Downtown Core Commercial
District. A conditional use permit allows the City to analyze any potential impacts
that a use will have and to impose conditions of approval to minimize or eliminate
these issues. No interior or exterior improvements are being requested. The
property utilizes a public parking lot in the rear. The business is currently operating
as a hair salon and the expanded facials services would change the business to be
classified as a day spa. A hair salon and day spa have the same off-street parking
requirement, which is one space for every 333 square feet, so there are no impacts
to the required off-street parking. Therefore, the project meets this finding.
2. The proposed use is consistent with the general plan and any applicable
specific plan.
The project site is designated Commercial by the General Plan, which is
characterized by low -scale commercial, service, and office uses located along the
City's arterials and collector streets. The project site is not located within a specific
plan area. The applicant's request for an existing hair spa to expand services to
include skin care (facials) changes the business to be classified as a day spa, which
is a conditionally permitted use, and is consistent with this finding. Therefore, this
finding can be made.
3. The location, size, design, and operating characteristics of the proposed use
will be compatible with existing and future land uses in the vicinity where the
proposed use will be located, in terms of aesthetic values, character, and
scale.
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9510 Las Tunas Drive
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The site is improved with a 2,000 square -foot commercial building and the location
utilizes the public parking lot in the rear and street parking. Since the parking
required for the proposed use is the same as the current use, the applicant's
request does not intensify the parking demand. The south side of Las Tunas Drive
has a variety of uses consisting of a bank, personal services (hair salons, nail,
eyebrow, and barber shops), a martial arts studio, an adult English school, an
accountant, and a dance studio. The property is surrounded by commercially zoned
properties on the north, east, and west, and R-3 zoned properties on the south. No
negative impacts are anticipated. Therefore, the project meets this finding.
4. The site and use provide adequate and appropriate access to and from the
site and within the site for vehicles, bicycles, and pedestrian and is adequately
served by public facilities and services.
The site is located on the south side of Las Tunas Drive, between Cloverly Avenue
and Primrose Avenue. There is street parking along Las Tunas Drive, a major
thoroughfare, as well as Cloverly Avenue and Primrose Avenue, both are local
streets. The site is also serviced by a public parking lot in the rear consisting of 58
parking spaces that is accessed from Cloverly and Primrose Avenues. Staff does
not anticipate the business will generate a significant increase in traffic, because
the applicant is requesting to provide additional services and the off-street parking
requirement is the same as the current use. Therefore, the project meets this
finding.
5. The proposed use will not be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the city.
To address the potential issue of the day spa business expanding their services to
include disallowed services or other conditionally permitted services, staff has
recommended various conditions of approval to limit the services offered,
requiring background checks and state licenses by all business owners and
employees, prohibiting window coverings and locks on the interior doors for the
treatment rooms. The City also has the right to review and potentially revoke the
approval if the business expands their services. With the recommended conditions,
the use will not be detrimental or injurious to adjacent properties. Therefore, the
project meets this finding.
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PL 22-3708
9510 Las Tunas Drive
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SECTION 4. This project is Categorically Exempt from environmental review pursuant to
Section 15301(Existing Facilities) of the California Environmental Quality Act Guidelines.
SECTION 5. Accordingly, File No. PL 22-3708, a request for a conditional use permit to
establish a day spa at 9510 Las Tunas Drive is approved, subject to the applicant
complying with all requirements of the Temple City Municipal Code and the conditions of
this resolution.
SECTION 6. The Secretary shall certify to the adoption of this Resolution.
EXHIBIT
A. Planning Division Conditions of Approval
Planning Commission P it
6,
City ttor
ey
°V-QAA-19-6
I hereby certify that the foregoing Resolution was adopted by the Planning
Commission of the City of Temple City at a meeting held on the 24th of January, 2023, by
the following vote:
YES: Commissioner- Cordes, Haddad, Lee, Guan
NO: Commissioner- None
ABSENT: Commissioner- O'Leary
ABSTAIN: Commissioner- None
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PL 22-3708
9510 Las Tunas Drive
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Secretary
EXHIBIT A
PLANNING DIVISION
CONDITIONS OF APPROVAL
TEMPLE
CITY
TEMPLE
CITY
Temple City, Planning Division
Conditions of Approval
9510 Las Tunas Drive
Project Specific Conditions
1. The interior reception and waiting areas must be visible from the building
exterior. No curtains, blinds, tints, or other materials may be used to obstruct
the view from the outside.
2. A1I doors for the treatment rooms are prohibited from having any type of
locking devices except for the changing room. No doors will be allowed on
treatment room 2 and the facial room, but these rooms may have a curtain or
partition.
3. Skin care treatments and facials are limited to the shoulders and above.
4. Background checks will be required for all business owners and employees.
5. The business owners and employees must have a valid state license for the
services they are performing, limited to the services specified in this resolution
or subject to the Community Development Director's approval.
6. Massage services are prohibited unless a modification of this conditional use
permit is approved by the Planning Commission.
7. All business activities must be conducted within the unit. No outside storage
is allowed, unless reviewed and approved by the Community Development
Director.
8. The property owner must ensure that the property is permanently maintained
in an orderly fashion including regular landscaping, and keeping the property
free of trash, junk, and debris.
9. The business must monitor and prohibit loitering and loud conversations
and/or other sources which produce disruptive noise in the front and the rear
parking lot.
10. The day spa business is limited to operating seven days a week, from 10:00
a.m. and 9:00 p.m.
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9510 Las Tunas Drive
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11. All exterior doors, except a rear entrance for employees only, must remain
unlocked during business hours, unless there is no staff available to assure
the security of clients and employees who are behind closed doors.
12. All patrons and visitors must enter through the front door. No intercoms,
buzzers, or alarm warning systems may be installed or used for the business.
13. All managers, employees, and patrons must remain clothed while on the
premises. All employees must wear nontransparent outer garments that
continuously cover the area from the bottom of the neck to the top of the
kneecap.
14. The use or possession of adult oriented merchandise in the establishment is
strictly prohibited.
15. There will only be one customer allowed in treatment rooms 1 and 3 at any
given time, and the business must post this regulation accordingly. The sign
must be a minimum of 12 by 14 inches and posted in a conspicuous location.
16. Prior to the issuance of the business license, the applicant needs to final the
building and electrical permit for the wall sign.
17. Prior to the issuance of the business license, the property owner or applicant
need to fill the holes from the previous wall sign and paint to match the
building color to the satisfaction of the Community Development Director.
18. Prior to the issuance of the business license, the applicant needs to remove
their temporary banner.
19. Prior to the issuance of the business license, the applicant needs to remove
or modify the window signs to comply with the Zoning Code.
20. Prior to the issuance of the business license, the business must show proof of
waste collection services with the local trash company. Adequate waste
service must be maintained to the satisfaction of the Community
Development Director.
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9510 Las Tunas Drive
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21. The business may be subject to unannounced inspection by the City, Los
Angeles County Sheriff's Department, Los Angeles County Fire Department,
and Health Departments for the purpose of determining that the provisions
of this article or other applicable laws or regulations are met.
General Conditions
22. By carrying out the project approved herein or otherwise using or exercising
this approval, the applicant acknowledges and accepts all of the conditions
imposed. The applicant acknowledges that failure to comply with these
conditions of approval may be cause for revocation of the approval. These
conditions are binding upon the applicant, the current and future property
owners, and any other party using or exercising this approval.
23. This approval will automatically expire 24 months from the date of approval
if said approval is not exercised within that time. If the project is not
commenced prior to the expiration date, the applicant may apply in writing
for an extension of time at least forty (40) days before the expiration date.
The granting body may in its discretion approve or deny the extension
request.
24. This conditional use permit will automatically terminate and be of no further
force or effect in the event the use approved herein is discontinued or
abandoned for a period of six consecutive months.
25. The applicant and property owners, and their successors in interest, will
indemnify and defend the City of Temple City and its officers, employees, and
agents from and against all liability and costs relating to the City's actions
concerning this project, including (without limitation) any award of litigation
expenses in favor of any person or entity who seeks to challenge the validity
of any of the City's actions or decisions in connection with this project. The
City will have the sole right to choose its counsel and property owners will
reimburse the City's expenses incurred in its defenses of any lawsuit
challenging the City's actions concerning this project.
26. This approval and these conditions may be modified or revoked by the
granting body (the Planning Commission) should it be determined that the
project approved herein is detrimental to the public health, safety, or welfare;
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is operated or maintained contrary to these conditions of approval or any
federal, state, or local law; or is operated or maintained so as to constitute a
public nuisance. Such modification or revocation will occur at a noticed public
hearing and in accordance with the provisions of Section 9-1F-40 of the
Zoning Code.
27. All signs for the business will be subject to the review and approval of the
Community Development Department. Any proposed signs illustrated in the
drawings and renderings are not approved as part of this request.
28. Building permits must be obtained for any building modifications, including
interior tenant improvements. Such modifications and/or alterations will be
subject to the review and approval of the Community Development
Department of the City of Temple City.
29. Disposal of Construction Waste: No construction activity waste or material of
any kind, including plaster, cement, paint, mud, or any other type of debris or
liquid will be allowed to be disposed of in the street or gutter, storm drain, or
sewer system. All construction debris spills must be removed daily and must
use necessary dust control measures. Failure to comply with this condition
will result in charges filed by the District Attorney.