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HomeMy WebLinkAboutItem 1 - CUP 17-07 7-11 E Foothill Blvd DATE: July 11, 2017 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning Services Manager By: Amanda Landry, AICP Senior Planner SUBJECT: RESOLUTION NO. 1997 – APPROVING CONDITIONAL USE PERMIT NO. CUP 17-07 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 5,058 SQUARE FOOT HEALTH AND FITNESS FACILITY WITH EXTENDED HOURS AT 7-11 E. FOOTHILL BOULEVARD Recommendation: Adopt Resolution No. 1997 SUMMARY The applicants, Lori and Chris Huisken, are requesting approval of Conditional Use Permit No. CUP 17-07 to operate a health and fitness facility with extended hours (open 24 hours a day) at 7-11 E. Foothill Blvd. The 5,053 square-foot tenant space is part of a larger existing multi-tenant commercial center with surface parking. The project has been found to be a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA) as the use of an existing building. It is recommended that the Planning Commission adopt Resolution No. 1997 (Attachment No. 1) to find that the project is Categorically Exempt under CEQA and approve CUP 17-07, subject to the conditions listed in this staff report. BACKGROUND The subject tenant space is located within an existing 11,600 square-foot multi-tenant commercial shopping center located at the northeast corner of East Foothill Boulevard and North Santa Anita Avenue on a 38,233 square foot, rectangular shaped lot zoned C-G, General Commercial. The center has a total of 60 on-site surface parking spaces - see Attachment No. 2. To the north of the subject property are single-family residential properties, to the east and south are commercial retail and office uses, and a service station is to the west. The 5,053 square foot tenant space was previously three separate tenant spaces occupied by a beauty salon and two other spas. Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 2 of 9 PROPOSAL The applicant is requesting a Conditional Use Permit to operate a large (greater than 3,000 square-feet) membership-based health and fitness facility with extended hours in order to open an "Anytime Fitness," franchise with 24 hour access for members - see Attachment No. 3 for the proposed site plan, floor plan, and business plan. Anytime Fitness is a membership-based private gym. Members may bring a guest to work out, however walk-in users are not permitted. Anytime Fitness gyms offer a variety of different workout opportunities for members, including various stationary equipment, free weights, open training areas, an area for members to follow along to self-directed workout videos, and individual personal training. Some group training sessions may be offered, with a maximum number of six participants per session. Group sessions may organized by trainers upon request by members, however regular group fitness classes would not be offered as a typical programming option. Three private bathrooms for changing and showering are proposed for use by members and employees. A common lobby area is also proposed, which would contain lockable drawers/small cubbies that members may use to store personal effects. The interior of the facility would be monitored 24 hours a day with recorded video surveillance. No major structural remodeling is proposed to accommodate the use. However, extensive interior remodeling is proposed, and would include installation of new partition walls, installation of equipment and new flooring, plumbing and electrical work. Except for signage, no significant exterior changes are proposed to the building. Additional glass entryway doors may be added to the frontage facing E. Foothill Blvd. Within the 5,053 square-foot tenant space, approximately 3,209 square-feet would be programmed for gym use, with the remaining area used as reception area, bathrooms, member lobby area, office and/or storage space and hallways. The breakdown of the programmed area is noted in Table 1-1. USE SQUARE-FEET Free weights 913 Strength Training 720 Cardo Equipment 698 Functional Training 481 Multi-purpose room 397 Table 1 -1 Usage Breakdown by Square Footage Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 3 of 9 ANALYSIS The proposed Anytime Fitness gym with 24 hour access is classified as a large health and fitness facility with extended hours. In the C-G zone, this use is permitted upon approval of a Conditional Use Permit. Parking The subject tenant space is 5,053 square- feet. The parking requirement for a large health and fitness facilities is determined through the CUP process and is generally based on the use-specific operational characteristics of the proposed business. Based on corporate user data collected from other Anytime Fitness locations, the applicants are anticipating the maximum occupancy at any time would 16 users, with up to three staff members. The maximum number of parking spaces needed for the business is anticipated to be 19 parking spaces based on this expected occupancy. This parking determination is consistent with the parking determinations used for other similar sized health and fitness facilities that operate within Arcadia. The existing parking area contains 60 parking spaces that are available to tenants. Two of the three available tenant spaces at the center are currently occupied. A 3,091 square-foot space is occupied by a bank, and requires 12 parking spaces. A 1,240 square foot space is occupied by an office use and requires 5 parking spaces. The remaining vacant tenant space is 1,694 square-feet. If it was occupied by a retail use, it would require 8 parking spaces. Therefore the total parking required by the other users at the site is 25 spaces, meaning 35 spaces are available for use by Anytime Fitness. Given that Anytime Fitness is not anticipating a need for more than 19 parking spaces at any one time, there will be an excess of 16 parking spaces even during standard business hours when all of the tenant spaces could potentially be open for business. Outside of standard business hours, the office uses would not be open and there would be more available parking. Staff has visited the center at various times during the regular business hours of the existing businesses and during some of proposed business hours of the Anytime Fitness and observed that the parking at the center is generally underutilized and that there does not appear to be a parking deficiency. Further, the applicant has provided a short parking study that confirms staff observations - see Attachment No. 4. Subject Tenant Space Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 4 of 9 Hours of Operation The proposed Anytime Fitness gym is also requesting approval for extended hours to allow the facility to be available for use by members 24 hours a day. One of the core features of the Anytime Fitness business model is that the facilities are available for use by members that may need to flexible hours, such as first responders, doctors, and others with non-traditional work hours, and the applicants feel it is essential for business success. During the non-staffed late night and early morning hours, members would use a proprietary access key to enter the facilities. The proprietary access system only allows entrance for paid members during this time and guests are not permitted on-site. The security and access system alerts the business owners if guests or “tailgaters” enter the facility and an alarm can be triggered by users on-site if an emergency occurs. The applicants have provided membership usage data compiled by the Anytime Fitness corporate office that show that on average, between 9PM and 5AM, attendance is anticipated to be between 0 and 5 guests at any one time. However, extended hours, and 24 hour operations in particular, do have the potential to generate negative quality life impacts on sensitive adjacent land uses, such as the single-family zoned properties to the north. Impacts from noise, light, and traffic from the 24 hour operations could negatively impact the residential properties, particular during the late night and early morning hours. There are specific properties of the site and business that may help mitigate potential quality of life impacts. The building is located at the southernmost portion of the site; closest to E. Foothill Blvd. Approximately 130 feet of surface parking and a block wall with hedges separates the building from the adjacent single-family residential property to the north. In addition, the façade of the building that faces the residential properties does not contain or feature large expanses of windows or large entryways. It is unlikely that any noise or light generated within the subject tenant space would be heard or seen by residents. However, staff is proposing conditions of approval requiring that no noise generated by the business be audible from the exterior, and that any doors of windows facing the residential properties be equipped with screens that can be used to block light from escaping the property in late night and early morning hours. In addition, staff is proposing conditions of approval requiring anytime fitness to post signage in the facility in the member lobby and outside the entrance requesting patrons to minimize noise in the parking lot during evening and morning hours. Further, the application and plans were routed to the Police Department for review and the Police requested a condition of approval requiring recordable video surveillance for the parking lot. The physical characteristics of the site, combined with the proposed conditions of approval will mitigate any potential impacts from extended hour operations. FINDINGS Section 9107.09.050 of the Arcadia Development Code requires that in order for a Conditional Use Permit to be granted, all the following findings must be made: Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 5 of 9 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: The proposed large indoor health and fitness facility is consistent with the General Plan in that the use offers diversity to the local mixture of office, retail, and restaurant uses in the area and revitalizes underutilized, vacant tenant spaces. Therefore, the proposed use is consistent with the City’s General Plan and supports goals located therein. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The subject property is zoned C-G, General Commercial. Section 9102.03.020 of the Development Code specifies that large health and fitness facilities, such as the proposed gym with extended hours, are allowed upon approval of a Conditional Use Permit. Further, the Project, as proposed would be provided with adequate parking as the center has an abundance of available parking, and the use is compatible with the surrounding uses and offers a service that will draw residents and visitors to this multi-tenant shopping center. Therefore, the proposed use is allowed with the C-G zone and complies with all other applicable provisions of the Development Code and Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The project site is located within an existing multi- tenant commercial shopping center. The proposed health and fitness facility would occupy an existing 5,000 square-foot tenant space within an existing multi-tenant commercial building. No exterior changes are proposed to accommodate the use. The commercial property features parking, landscaping, walls, and other features typical of multi-tenant commercial development. Based on the proposed operational characteristics, including a proposed maximum of 16 patrons and 3 employees present, the proposed activity will be compatible with the other existing and future land uses in the vicinity. In addition, the conditions of approval requiring that no noise be audible from outside of the tenant space, and that signage be installed informing patrons that excessive noise generating in the parking lot is prohibited, as well as a condition limiting the glare of light from the business will ensure that the adjacent residential properties will not be adversely affected by the extended hours of the proposed use. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 6 of 9 Facts to Support This Finding: The proposed gym with extended hours will occupy an existing tenant space in an existing multi-tenant shopping center. The commercial property is improved with surface parking, landscaping and other features typical of commercial developments. The required parking for the proposed use is determined through the CUP process. Based on the operational characteristics of the proposed business and the stated maximum of up to 16 users and 3 employees at peak hours, therefore the required parking for this use is 19 parking spaces. Sufficient parking exists to serve the proposed and existing uses at the location. The existing parking lot is generally underutilized and the proposed use is not anticipated to generate parking demands greater than what the existing parking lot can accommodate. In addition, the conditions of approval requiring that no noise be audible from outside of the tenant space, that signage be installed informing patrons that excessive noise generating in the parking lot is prohibited, as well as a condition limiting the glare of light from the business will ensure that the adjacent residential properties will not be adversely affected by the extended hours of the proposed use. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along E. Foothill Boulevard with access to the shopping center parking lot from N. Santa Anita Avenue. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed personal service business, and will not impact these streets. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is developed with an existing multi-tenant commercial building that complies with current safety requirements. There will be no impact to public safety services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject property is developed with a multi- tenant commercial building. There are adequate utilities to service this site and the site and building are in compliance with current health and safety requirements. There will be no impact to utilities or the City’s infrastructure from the proposed use. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 7 of 9 Facts to Support This Finding: The intensification in use from retail to an indoor gym with extended hours will not adversely affect the public convenience, health, interest, safety, or general welfare as the maximum number of users at any time will be limited to 16 with up to 3 employees at any given time. The unit is within an existing multi-tenant commercial shopping center that has an improved walkway in front of the units and provides adequate access for pedestrians separate from the parking the lot area. Therefore, the proposed use will not be materially injurious to the other uses within this property. Further, the conditions of approval prohibiting loitering, excessive lighting and noise, plus a requirement for security cameras, will protect adjacent residential uses from any potential impacts from the extended operations. The proposed project, with the recommended conditions of approval will satisfy each prerequisite condition, and 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL ASSESSMENT If it is determined that no significant physical alterations to the site are necessary, then this project, as a use of an existing facility, qualifies as a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property on June 28, 2017. As of July 6, 2017, staff has not received any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1997 to find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and to approve CUP 17-07 subject to the following conditions of approval: 1. The use approved by CUP 17-07 is limited to a 5,053 square-foot indoor gym with 24- hour operations, and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 17-07, 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 neighboring businesses and properties. 2. The hours of operation are permitted 24 hours a day. Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 8 of 9 3. Music or noise from the business operations shall not be audible outside of the tenant space. 4. Signage informing users not to loiter, play loud music, hold loud conversations or otherwise generate excessive noise in the parking lot between the hours of 8PM and 7AM shall be installed in the parking lot and at the parking lot entrance to the business. The signage shall be installed prior to the proposed use commencing operation. 5. Security cameras shall be installed, maintained and operated at all times, and shall cover the entrances and parking lot. 6. During the hours that the facility is not staffed, the facility shall only be accessible for use by members. 7. At the discretion of the Community Development Administrator, a one-year review (or sooner if significant concerns arise), before the Planning Commission shall be held to determine if modifications to the approved extended hours of operation are necessary, or if additional conditions of approval are needed to address significant safety concerns. 8. Individual, secured cubbies or lockers shall be made available in the member lobby. 9. 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 by the aforementioned City officials and employees, and may subject to building permits. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 17-07 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the training facility. 11. 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 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. 12. Approval of CUP 17-07 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or Resolution No. 1997 – CUP 17-07 7-11 E. Foothill Blvd. July 11, 2017 – Page 9 of 9 designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should pass a motion to approve Conditional Use Permit No. CUP 17-03, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1994 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should pass a motion to deny Conditional Use Permit Application No. CUP 17-03; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 27, 2017 hearing, please contact Senior Planner, Amanda Landry at (626) 574-5447 or alandry@ArcadiaCA.gov. Approved: Assistant City Manager/ Development Services Director Attachment No. 1: Resolution No. 1997 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site Plan, Floor Plan and Business Plan Attachment No. 4: Parking Survey Attachment No. 5: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Planning Commission Resolution No. 1997 1 RESOLUTION NO. 1997 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 17-07, WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) FOR A 5,000 SQUARE FOOT HEALTH AND FITNESS FACILITY WITH EXTENDED HOUR OPERATIONS AT 7-11 E. FOOTHILL BOULEVARD WHEREAS, on April 10, 2017, Conditional Use Permit Application No. CUP 17- 07 was filed by Lori and Chris Huisken (“Applicant”) for a large health and fitness facility with extended hours (dba: Anytime Fitness) at 7-11 E. Foothill Boulevard (the “Project”); and WHEREAS, on June 13, 2017 Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301 (a) of the CEQA Guidelines for the use of an existing facility; and WHEREAS, on July 11, 2017 a duly noticed public hearing was held before the Planning Commission on said applications, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated July 11, 2017 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Development Code, all of the following findings can be made: 2 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: The proposed large indoor health and fitness facility is consistent with the General Plan in that the use offers diversity to the local mixture of office, retail, and restaurant uses in the area and revitalizes underutilized , vacant tenant spaces. Therefore, the proposed use is consistent with the City’s General Plan and supports goals located therein. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The subject property is zoned C -G, General Commercial. Section 9102.03.020 of the Development Code specifies that large health and fitness facilities, such as the proposed gym with extended hours, are allowed upon approval of a Conditional Use Permit. Further, the Project, as proposed would be provided with adequate parking as the center has an abundance of available parking, and the use is compatible with the surrounding uses and offe rs a service that will draw residents and visitors to this multi-tenant shopping center. Therefore, the proposed use is allowed with the C-G zone and complies with all other applicable provisions of the Development Code and Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The project site is located within an existing multi- tenant commercial shopping center. The proposed health and fitness facility would 3 occupy an existing 5,000 square-foot tenant space within an existing multi-tenant commercial building. No exterior changes are proposed to accommodate the use. The commercial property features parking, landscaping, walls, and other features typical of multi-tenant commercial development. Based on the proposed operational characteristics, including a proposed maximum of 16 patrons and 3 employees present, the proposed activity will be compatible with the other existing and future land uses in the vicinity. In addition, the conditions of approval requiring that no noise be audible from outside of the tenant space, and that signage be installed informing patrons that excessive noise generating in the parking lot is prohibited, as well as a condition limiting the glare of light from the business will ensure that the adjacent residential properties will not be adversely affected by the extended hours of the proposed use. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to a djust the use with the land and uses in the neighborhood; Facts to Support This Finding: The proposed gym with extended hours will occupy an existing tenant space in an existing multi-tenant shopping center. The commercial property is improved with surface parking, landscaping and other features typical of commercial developments. The required parking for the proposed use is determined through the CUP process. Based on the operational characteristics of the proposed business and the stated maximum of up to 16 users and 3 employees at peak hours, therefore the required parking for this use is 19 parking spaces. Sufficient parking exists 4 to serve the proposed and existing uses at the location. The existing parking lot is generally underutilized and the proposed use is not anticipated to generate parking demands greater than what the existing parking lot can accommodate. In addition, the conditions of approval requiring that no noise be audible from outside of the tenant space, that signage be installed inf orming patrons that excessive noise generating in the parking lot is prohibited, as well as a condition limiting the glare of light from the business will ensure that the adjacent residential properties will not be adversely affected by the extended hours of the proposed use.. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along E. Foothill Boulevard with access to the shopping center parking lot from N. Santa Anita Avenue. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed personal service business, and will not impact these streets. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is developed with an existing multi-tenant commercial building that complies with current safety requirements. There will be no impact to public safety services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject property is developed with a multi- tenant commercial building. There are adequate utilities to service this site and the site 5 and building are in compliance with current health and safety requirements. There will be no impact to utilities or the City’s infrastructure from the proposed use. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The intensification in use from retail t o an indoor gym with extended hours will not adversely affect the public convenience, health, interest, safety, or general welfare as the maximum number of users at any time will be limited to 16 with up to 3 employees at any given time. The unit is within an existing multi-tenant commercial shopping center that has an improved walkway in front of the units and provides adequate access for pedestrians separate from the parking the lot area. Therefore, the proposed use will not be materially injurious to the other uses within this property. Further, the conditions of approval prohibiting loitering, excessive lighting and noise, plus a requirement for security cameras, will protect adjacent residential uses from any potential impacts from the extended operations. 6. The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines pertaining to the use of an existing facility, such as the subject property. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 of the California Environmental Quality Act (“CEQA”) Guidelines, and approves Conditional Use Permit 7 [This page intentionally left blank] 8 RESOLUTION NO. 1997 Conditions of Approval 1. The use approved by CUP 17-07 is limited to a 5,053 square-foot indoor gym with 24- hour operations, and be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 17-07, 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 neighboring businesses and properties. 2. The hours of operation are permitted 24 hours a day. 3. Music or noise from the business operations shall not be audible outside of the tenant space. 4. Signage informing users not to loiter, play loud music, hold loud conversations or otherwise generate excessive noise in the parking lot between the hours of 8PM and 7AM shall be installed in the parking lot and at the parking lot entrance to the business. The signage shall be installed prior to the proposed use commencing operation. 5. Security cameras shall be installed, maintained and operated at all times, and shall cover the entrances and parking lot. 6. During the hours that the facility is not staffed, the facility shall only be accessible for use by members. 7. At the discretion of the Community Development Administrator, a one-year review (or sooner if significant concerns arise), before the Planning Commission shall be held to determine if modifications to the approved extended hours of operation are necessary, or if additional conditions of approval are needed to address significant safety concerns. 8. Individual, secured cubbies or lockers shall be made available in the member lobby. 9. 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 s ubmitted for plan check review and approval by the aforementioned City officials and employees, and may subject to building permits. 9 10. Noncompliance with the plans, provisions and conditions of approval for CUP 17-07 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the training facility. 11. 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 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. 12. Approval of CUP 17-07 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of appr oval Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of Subject Property and Vicinity This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 05-Jul-2017 Page 1 of 2 N/A N/A N/A N/A N/A Property Characteristics Zoning: C-G General Plan: C Lot Area (sq ft): Main Structure / Unit (sq. ft.): 11,316 Year Built: 1979 Number of Units: 0 Overlays Architectural Design Overlay: N/A Downtown Overlay: N/A Downtown Parking Overlay: N/A Parking Overlay: N/A Racetrack Event Overlay: N/A Residential Flex Overlay: N/A Special Height Overlay: N/A Site Address: 1 E FOOTHILL BLVD Parcel Number: 5771-019-018, 5771-019-006, 5771-019-018 Property Owner(s): REGIONS BANK TR ET AL KRISTIN S HICKEY TRUST AND ALMOND HOLDINGS LLC C/O JONNA L GREENLEE Selected parcel highlighted Parcel location within City of Arcadia 38,233 Figure 2 View of Subject Tenant Space from Parking Lot Figure 1 View of Subject Property Figure 3 View of Wall and Hedges Separating Parking Lot from Residential Property to the North Figure 4 View of Subject Property From the North Figure 5 View of Adjacent Residential Property to the North Attachment No. 3 Attachment No. 3 Site Plan, Floor Plan and Business Plan The safety record at Anytime Fitness® clubs is equal to any fitness club in the industry. In fact, people are safer exercising at an Anytime Fitness club than they are in their own homes. Emergency response systems allow members to alert emergency personnel instantly, if they should ever need assistance. Multiple surveillance cameras allow club staff to monitor the club – inside and outside – from remote locations. Police and insurance industry officials say that Anytime Fitness clubs actually deter crime in the areas where they are located – because the clubs are well-lit and because vandals stay away from surveillance systems. When crimes have been committed in locations adjacent to Anytime Fitness clubs, the club’s cameras frequently have assisted police in arresting the criminals. ProVision Security Benefits: Access Control  ProVision Security’s proprietary Access Control is installed in over 3,500 clubs worldwide.  24/7 access is granted to members by an access control and key fob system. This grants access to the club to members in good-standing only.  Tailgate detection system notifies the owner and staff of non-members following members into the club during both staffed and unstaffed hours. Security System  The security system includes security door contacts, keypad, hardwired panic button, wireless panic buttons, and motion detectors to secure the location.  24/7 security monitoring reports to the club owner and local authorities.  The security system is monitored with three UL listed, FM approved monitoring centers. CCTV  100% camera coverage of entire club is required for all Anytime Fitness locations.  NVR with IP Camera System with the ability to record up to 2-3 weeks of video footage.  Marks tailgate events and provides playback of each incident.  Remote viewing capabilities from phone or desktop for club owners and managers. Technical Support  ProVision Security provides 24/7 technical support for the entire security system.  ProVision Security provides live monitoring and proactive maintenance on door service. + Anytime Fitness Arcadia -2017 +Anytime Fitness Franchise Overview Founded in 2002 Over 3000 locations are now open in 50 states and more than 20 countries Anytime Fitness is the “fastest-growing fitness club” and “largest co-ed fitness franchise” An average of 300 new gyms opened each year for the past 8 years Included on Forbes lists of “America’s Most Promising Companies” and “Best Franchises” +Private club & High-end Member Experience Usage Patterns Anytime Fitness provides round-the-clock convenience to accommodate the busy lifestyles of our members. Although most of our members workout between 8:00am and 9:00pm, it’s important that clubs remain open 24-hours a day to meet the needs of nurses, police officers, and others who work unique hours. Because many of our members visit the clubs in pairs, arriving together, our clubs do not require many parking spaces –typically 10 or fewer –even during peak hours. Our studies also conclude that relatively few members visit the clubs between 10:00pm and 5:00am. Thus, noise and traffic during nighttime hours are not an issue. Survey across the Anytime Fitness U.S. locations Average of 7 Members during AM hours and 10 Members during PM hours +Private Member Access in a Secure Environment Only Anytime Fitness Members are permitted entry. How it works: The member entrance door is equipped with a proximity access control system. To gain entrance, the member holds their key fob in front of the proximity reader, which gathers information from the member’s key fob and transmits it to a computer inside the fitness center. The computer system will then determine if the key is valid and if the member should be admitted to the club. The tailgate detection system notifies management and deters non-member entry at all times. Each club is equipped with a number of surveillance cameras. They offer adaptable camera positions using a three-axis system. For added security, a smoke-colored dome is placed over each camera to conceal the direction its lens is pointing. A dedicated high resolution camera is positioned by the member entrance door for facial recognition security. Outdoor cameras provide 24 hour surveillance of the parking area. The camera system records up to 2-3 weeks of video footage. Remote viewing capabilities are provided to management. +Provision Security System Sets an Industry Standard Emergency Response System allows members to alert emergency personnel instantly if they should ever need assistance. Police and insurance industry officials say that Anytime Fitness clubs actually deter crime because vandals stay away from surveillance systems. Club cameras have assisted in arrests at adjacent commercial locations. Provision Security Systems have been installed in over 3,500 locations worldwide. The system provides 24/7 monitoring reports to the club management and local authorities. +High-end Amenities for Members Comfortable Greeting and Member Lobby area Member- requested Fitness items +Private bathrooms with showers Beautifully appointed private bathrooms/showers Green focused environment TV’s included in each private bathroom +Unrivaled Personal Training combined with top-end Equipment Top-End Cardio equipment Certified 1-1 Training +Personalized in all Aspects Both personal and high-end digital training +Anytime Fitness -Customer Service for Arcadia is the Key Anytime Fitness locations are measured on the Member’s experience. That’s what it’s all about. In order to do so, the PLEASE standard is set across the entire Anytime Fitness system. PLEASE is a collection of service-oriented principles that provide the Member an unforgettable experience. This will be the the Standard for the Arcadia staff: PERSONAL --Create genuine human connections. Recognize and support the uniqueness of each person. LISTEN --Be fully present, respectful, and curious in every moment of communication. Talk less, listen more. EMPATHY --Show compassion and concern for each individual. Don’t judge another’s situation; show them you care. ANTICIPATE --Uncover and fulfill expressed and unexpressed needs. Delight everyone with proactive attention. SENSE OF URGENCY --Seize each opportunity to respond to others. Thoughtfully reply within a business day to all requests. ENCOURAGEMENT --Provide an authentic dose of motivation in every encounter. Support a daily commitment to lifelong wellness. + Anytime Fitness Arcadia -2017 Attachment No. 4 Attachment No. 4 Parking Survey Attachment No. 5 Attachment No. 5 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 17-07 for a 5,000 square foot indoor health and fitness facility with 24 hour operations 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 7-11 E. Foothill Blvd (cross streets N. Santa Anita Ave and E. Foothill Blvd) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Lori and Chris Huisken (2) Address 6413 N. Vista Street San Gabriel, CA 91775 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15301 (Use of an Existing Facility) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 13, 2017 Staff: Amanda Landry, Senior Planner