Loading...
HomeMy WebLinkAbout6593RESOLUTION NO. 6593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT APPLICATION NO. CUP 06-16 TO ALLOW THE CONVERSION OF AN EXISTING WAREHOUSE FACILITY INTO A BADMINTON CLUB, AND THE CORRESPONDING PARKING MODIFICATION, AT 12336 LOWER AZUSA ROAD WHEREAS, on December 7, 2006, a Conditional Use Permit application was filed by William Chan and Scott Chan to allow the conversion of an existing warehouse facility into a badminton club, along with a corresponding parking modification, at 12336 Lower Azusa Road (Development Services Department Case No. CUP 06-16); 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 that there is no substantial evidence that the approval of Conditional Use Permit No. 06- 16 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 all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on August 14, 2007, the Planning Commission voted 5 to 0 to adopt Planning Commission Resolution No. 1762 approving CUP 06-16; and WHEREAS, on August 21, 2007, Planning Commission Resolution 1762 was appealed to the City Council; and -1- WHEREAS, a duly noticed public hearing was held before the City Council on September 18, 2007, at which time all interested person were given full opportunity to be heard and to present evidence; and WHEREAS, on September 18, 2007, the City Council adopted a Negative Declaration concurrently with the approval of CUP 06-16. 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 dated September 18, 2007 is true and correct. SECTION 2. This Council finds: A. That the granting of the Conditional Use Permit would not be detrimental to the public health and welfare, or injurious to the property and improvements in the zone or vicinity because the proposed use will be compatible with the surrounding uses and is an appropriate use for the subject site. B. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. C. 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 _2_ 6593 Arcadia Municipal Code. D. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. E. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and zoning are consistent with the General Plan. F. 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. SECTION 3. That for the foregoing reasons this Council approves Conditional Use Permit Application No. CUP 06-16 to allow the conversion of an existing warehouse facility into a badminton club, and the corresponding parking modification, at 12336 Lower Azusa Road, upon the following conditions: 1. The approval of CUP 06-16 includes a parking modification of 72 spaces in lieu of 789 spaces. This modification is approved only for the specific combination of uses approved by CUP 06-16 and not for the building andlor site in general. 2. The hours of operation of the badminton club shall not exceed 7:00 a.m. to midnight, 7 days a week. 3. The applicant shall provide appropriate signage to identify the parking areas that are off-limits to club patrons and employees. Said signage shall be reviewed and approved by the City Engineer prior to issuance of a Certificate of _3_ 6593 Occupancy. The applicant shall monitor the premises to ensure that club patrons and employees do not park on adjacent properties. 4. Parking agreements, in a form and substance approved by the City Attorney, shall be recorded prior to issuance of a Certificate of Occupancy and shall remain in full effect at all times during the effectiveness of this Conditional Use Permit. The parking agreements shall contain enforceable provisions providing for the following: a. The proposed badminton club shall have access to and use of all 59 parking spaces at 12338 Lower Azusa Road (d.b.a. AM Player} all day on Saturday and Sunday, and from 6:30 p.m. to midnight Monday through Friday; and b. In the event of a weekend tournament, the proposed badminton club shall have access to and use of all 75 parking spaces reserved for the Los Angeles County Department of Weights and Measures, or another neighboring business with the same or greater number of parking spaces. 5. Training classes shall not occur after 6:00 p.m., and shall have a maximum of 12 students per class. No more than two (2} classes shall be held per hour. 6. The number of club and league tournaments shall not exceed four (4) per calendar year. The tournaments shall only occur on Saturdays and Sundays. Prior to any tournament, the applicant shall acquire use of at least 75 additional parking spaces belonging to the Los Angeles County Department of Weights and Measures or another neighboring business for use during the tournament, as set forth in Condition 4.b. above, _4_ 6593 7. The mezzanine level shall be off-limits to the public and shall not be expanded upon or altered beyond the approved floor plan. 8. A separate sign design review application shall be submitted for all new signs on the premises. 9. After daylight hours, entry to the location shall be controlled electronically by access card or from the reception desk. 10. The film/tinting on the ground floor windows on the north and west elevations shall be removed. 11. Lighting shall be installed on all exterior elevations and throughout the industrial park as deemed appropriate by the Police Department and Development Services Department. 12. CCTVNideo recording devices shall be installed on all sides of the building. 13. All existing exterior sprinkler post indicating valves shall be supervised by the fire alarm system. 14. The fire alarm system shall be extended into the badminton area with horn/strobes. 15. Emergency lighting shall be provided for the entire badminton area. 16. All City requirements regarding disabled access and facilities, restrooms, occupancy limits, building safety, fire prevention, detection, suppression, emergency access, landscaping, parking and transportation provisions, water supply and water facilities, trash reduction and recycling requirements, and NPDES measures shall be complied with to the satisfaction of the Building Official, Fire Marshall, Police Chief, Public Works Services Director and Development Services _5_ 6593 Director. Compliance with these requirements is to be determined by having fully detailed construction and tenant improvement plans submitted for plan check review and approval. 17. 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. 18. Noncompliance with the plans, provisions and conditions of approval for CUP 06-16 shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in suspension of construction and/or the operation of the badminton club. 19. Approval of CUP 06-16 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the _6_ 6593 conditions of approval, and that all conditions of approval shall be satisfied prior to final inspection and issuance of a Certificate of Occupancy for the badminton club. 20. A uniformed security guard shall patrol the premises from 5:00 p.m. until all patrons and employees (except for cleaning personnel) have left the property Monday through Friday, and on Saturdays and Sundays during all operating hours, and until all patrons and employees (except for cleaning personnel) have Left the property to ensure that club patrons and employees are reasonably safe and park in designated areas only. 21. Access to the badminton club shall be limited to the front entrance only at all times for all club patrons. 22. Curbs and wheel stops on the subject site and adjoining parking areas shall be painted prior to the opening of operations of the badminton club to indicate designated and restricted parking areas for club patrons and employees, all as approved by the Community Development Administrator. 23. Written notices explaining where customers may and may not park shall be pasted throughout the club facility and distributed to all club members. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] -7- 6593 Passed, approved, and adopted this 18~h day of September, 2007. Mayor of th City f Arcadia ATTEST: ~S City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney City of Arcadia -8- 6593 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. 6593 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 18th day of September, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Wuo and Segal NOES: None ABSENT: Council Member Harbicht ity Clerk of the City of Arcadia -9- 6593