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
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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
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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
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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,
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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
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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
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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.
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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
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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. 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
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6593