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HomeMy WebLinkAboutItem 2 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. -2- 1874 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. -3- 1874 9. The existing restroom shall be upgraded to comply with the requirements of the City's Building Services. 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 -4- 1874 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 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. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- 1874