HomeMy WebLinkAbout1874 RESOLUTION NO. 1874
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 13-04 WITH A CLASS 1 EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 2,700
SQUARE FOOT PERSONAL TRAINING STUDIO WITH A MAXIMUM OF
10 PATRONS AND 4 TRAINERS/STAFF AT ANY ONE TIME AT 215 S.
FIRST AVENUE
WHEREAS, on April 17, 2013, an application was filed by Mr. Eric Chang to
open a 2,700 square foot personal training studio at 215 S. First Avenue; and
WHEREAS, an environmental assessment was conducted and it was
determined that the proposed project meets the categorical exemption criteria under
CEQA Article 19 Categorical Exemptions Section 15301 of the CEQA Guidelines; and
WHEREAS, a public hearing was held by the Planning Commission on June 11,
2013, at which time all interested persons were given full opportunity to be heard and to
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated June 11, 2013 are true and correct.
SECTION 2. This Commission 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. The proposed personal training studio is consistent with the zoning and land
use designation of the site and area, and will not have any adverse impacts to the
neighboring businesses or properties.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. A personal training studio is allowed in the MU
zones with an approved Conditional Use Permit per Section 9268.10 of the Arcadia
Municipal Code.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping, and other features required to adjust said use with the land and uses in
the neighborhood. Based on the proposal, the parking availability, and the required
improvements, this site will be adequate for the proposed project.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use. The proposed personal
training studio will not significantly increase traffic to and from the subject commercial
area and the surrounding streets are all adequate for more than the traffic expected to
be generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed personal training studio is a commercial
use that is consistent with the General Plan Land Use Designation of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 13-04, subject to the following conditions:
1. There shall be no more than 4 trainers and/or staff and 10 patrons at any
one time. Group classes of 5 or more people shall be scheduled with a minimum 30
minute gap between the end of one class and the start of the next class.
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2. Training sessions shall only be provided from 5:00 a.m. to 9:00 a.m., and
from 5:00 p.m. to 9:00 p.m. on weekdays. On weekends, the training schedule shall be
subject to the approval of the Community Development Administrator.
3. This approval of CUP 13-04 includes a parking modification of 17 parking
spaces in lieu of 58 parking spaces required. This is not an approval of a general
reduction of the parking requirements for the subject commercial space, or the subject
site, but only for the personal training studio that is approved by this Conditional Use
Permit.
4. A new trash/recyclables enclosure shall be constructed on-site in the rear
parking lot. The enclosure shall be fully roofed to comply with NPDES requirements.
The design, size, and specific location of the enclosure shall be subject to the review
and approval of the Community Development Administrator.
5. The damaged driveway approach off of Bonita Street shall be repaired or
replaced to the satisfaction of the City Engineer.
6. The parking lot landscaping shall be restored to the satisfaction of the
Community Development Administrator.
7. The exterior facades of the subject building shall be repaired and repainted
to the satisfaction of the Community Development Administrator, so that minimal
damage and discoloration of the façades is visible from the street, alley, and rear
parking lot.
8. The sidewalk directly in front of the subject building shall be cleaned to the
satisfaction of the City Engineer.
9. The existing restroom shall be upgraded to comply with the requirements of
the City's Building Services.
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10. The use approved by CUP 13-04 is limited to this personal training studio,
which shall be operated and maintained in a manner that is consistent with the proposal
and plans submitted and approved for CUP 13-04, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be adjusted
after due notice to address any adverse impacts to the adjacent streets, rights-of-way,
and/or the neighboring businesses and properties.
11. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director. Any changes to the
existing facility may be subject to having fully detailed plans submitted for plan check
review and approval, and to Building Permits.
12. Noncompliance with the plans, provisions and conditions of approval for
CUP 13-04 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the training studio.
13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to any
approval or conditional 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
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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 officials, officers, employees, and agents in the defense of the matter.
14. Approval of CUP 13-04 shall not take effect until the property owner(s),
applicant(s), and business owner(s) and operator(s) have executed and filed an
Acceptance Form with the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 25th day of June, 2013.
Chair�'w'-1" ng C.mmission
ATTEST:
41,
Se/:ry
APPROVED AS TO FORM:
P.
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 1874 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chairperson and attested to by the
Secretary at a regular meeting of said Planning Commission held on the 25th day of June,
2013, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Beranek, Falzone, Parrille and Chiao
NOES: None
ABSENT: Commissioner Baerg
Se ry of the Planning Commission