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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 2 6592 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. 3 6592 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, 4 6592 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. 5 6592 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 6 6592 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 7 6592