Loading...
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. Resolution No. 23-2607 PC PL 22-3708 9510 Las Tunas Drive Page 2 of 5 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. Resolution No. 23-2607 PC PL 22-3708 9510 Las Tunas Drive Page 3 of 5 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. Resolution No. 23-2607 PC PL 22-3708 9510 Las Tunas Drive Page 4 of 5 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 Resolution No. 23-2607 PC PL 22-3708 9510 Las Tunas Drive Page 5 of 5 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. Resolution No. 23-2607 PC PL 22-3708 9510 Las Tunas Drive Page 2 of 4 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. Resolution No. 23-2607 PC PL 22-3708 9510 Las Tunas Drive Page 3 of 4 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; Resolution No. 23-2607 PC PL 22-3708 9510 Las Tunas Drive Page 4 of 4 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.