HomeMy WebLinkAbout6592RESOLUTION NO. 6592
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 2007-07 AND ARCHITECTURAL DESIGN REVIEW
2006-23 TO CONVERT THE EXISTING 43,544 SQUARE FOOT
ROSS DRESS FOR LESS STORE TO A NEW L.A. FITNESS
HEALTH CLUB WITH A PARKING MODIFICATION AT THE
ARCADIA HUB SHOPPING CENTER AT 1325 S. BALDWIN
AVENUE
WHEREAS, the City of Arcadia on August 3, 2006, received an
Architectural Design Review application followed by a Conditional Use Permit
application on May 16, 2007 by Michael Pashaie on behalf of L.A. Fitness to convert
the existing 43,544 square foot Ross Dress For Less store to a new L.A. Fitness health
club with a parking modification at 1325 S. Baldwin Avenue; and
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's
CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined, there
is no substantial evidence that the approval of Conditional Use Permit No. 07-07 and
Architectural Design Review No. 06-23 would result in a significant adverse effect on
the environment. Accordingly, a Negative Declaration has been prepared and notice of
that fact was given in the manner required by law; and
WHEREAS, a public hearing was held by the Planning Commission on July
24, 2007, at which time the Planning Commission approved the project and adopted
the Resolution on September 14, 2007; and
WHEREAS, within the prescribed five-day appeal period, Councilmember
Wuo appealed the project for reconsideration in order to have a full review of the facts
and circumstances prior to a final decision by the City; and
WHEREAS, a public hearing was held by the City Council on September
l8, 2007, at which time all interested persons were given full opportunity to be heard
and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the attached report is true and correct.
SECTION 2. This City Council 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 because the proposed use will be compatible
with the surrounding uses, and it will be an appropriate use for the subject site, and the
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proposed project will provide adequate parking for the new health club and existing
restaurant.
2. That the use applied for at the location indicated is a proper one for
which a Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, loading, landscaping, parking, and other
features are adequate to adjust said use with the land and uses in the neighborhood.
The proposed project complies with all related zoning requirements as set forth in the
Arcadia Municipal Code.
4. That the site abuts three streets that are adequate in width and
pavement type to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely
affect the comprehensive General Plan because the land use and current zoning are
consistent with the General Plan.
6. That the use applied for will not have a substantial adverse impact on
the environment, and that based upon the record as a whole there is no evidence that
the proposed project will have any potential for an adverse effect on wildlife resources
or the habitat upon which the wildlife depends.
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SECTION 3. That for the foregoing reasons this City Council grants
Conditional Use Permit No. CUP 07-07 and Architectural Design Review No. 06-23
to permit a L.A. Fitness health club with a parking modification at 1325 S. Baldwin
Avenue, upon the following conditions:
1. The 37 parking spaces that face the store frontage shall be restricted to
45-minute parking, written on grade to indicate this restriction.
2. The employee parking shall be restricted to, and employees shall be
directed to, park at all the parking spaces along the frontages of Duarte Road and
Naomi Avenue, as shown on Figure 5 of the Parking Study, dated July 2006.
3. All exterior light fixtures shall be hooded and arranged to reflect away
from the adjoining properties and streets.
4. The City Council shall have approved the release of the Covenant and
Agreement that restricted the property owner from leasing the basement area for retail
and non-retail space, dated April 10, 1987.
5. Landscaping material shall be planted on the five metal wall trellises.
6. The health club shall be permitted to be open 24-hours every day.
7. There shall be one (1) uniformed security guard on-duty 24-hours
every day to enforce the 45-minute parking requirements, the employee parking area,
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and to ensure the L.A. Fitness customers do not park across the street at the CVS
parking lot, located at 1401 S. Baldwin Avenue.
8. A parking study shall be required for any new and existing uses within
this shopping center that is subject to a parking modification.
9. The applicant shall install and maintain in good working order at all
times a surveillance camera outside the facility, within the swimming pool area, and at
the main reception area for security purposes.
10. Approval of CUP 2007-07 and ADR No. 2006-23 shall not take effect
until the property owner(s) and applicants have executed and filed the Acceptance
Form available from the Development Services Department to indicate awareness and
acceptance of these conditions of approval.
11. 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.
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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.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this zra
ATTEST:
~~~
c-
ity Clerk
APPROVED AS TO FORM:
~~Cc~' ,Q.~,. ~ Ic~ftityct,,
Stephen P. Deitsch
City Attorney
day of October , 2007
Mayo~Ci of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6592 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 2nd day of October, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Chandler, Harbicht and Segal
NOES: Council Member Amundson and Wuo
ABSENT: None
~.~-
ity Clerk of the City of Arcadia
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6592