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HomeMy WebLinkAboutItem 1 - CUP-17-11 - 36 E. Live Oak AvenueDATE: September 26, 2017 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning/Community Development Administrator By: Tim Schwehr, Economic Development Analyst SUBJECT: RESOLUTION NO. 2003 – APPROVING CONDITIONAL USE PERMIT NO. CUP 17-11 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 5,044 SQUARE-FOOT PERSONAL TRAINING GYM AT 36 W. LIVE OAK AVENUE Recommendation: Adopt Resolution No. 2003 SUMMARY The applicant, Ms. Julie Tu, is requesting approval of a Conditional Use Permit with a Parking Modification for a 5,044 square-foot personal training facility within an existing 11,264 square-foot commercial building. 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. 2003 (Attachment No. 1) to find that this project is Categorically Exempt under CEQA and to approve Conditional Use Permit No. CUP 17-11, subject to the conditions listed in this staff report. BACKGROUND The subject property is a 23,064 square-foot lot zoned Commercial-General (C-G). The lot is developed with an 11,264 square-foot, commercial building divided into two commercial units – see Attachment No. 3 for an Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties. The property is accessed from W. Live Oak Avenue. There is also a vehicular access easement at the rear of the property with the two adjacent properties to the east. There are currently 14 surface parking spaces on the site. The subject property is bounded by auto repair shops to the west and east zoned General Commercial (C-G), and multifamily residential apartments to the south located in Temple City. The applicant and her family have owned the property at 36 W. Live Oak Avenue since 2006. From 2006–2016, they operated two businesses at the site; an 8,065 square-foot fitness equipment wholesale business with on-site product storage, and a 3,199 square- Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 2 of 9 foot martial arts studio (CUP 06-17 – see Attachment No. 2). In 2016, they were approved by city staff to convert the martial arts studio to a personal training gym and continue operating under their existing Conditional Use Permit. In March of 2017, Ms. Tu expanded the fitness center into the 1,235 square-foot room at the rear of the building that was previously used for wholesale storage, but was no longer needed for this business. Ms. Tu states there was some confusion regarding the City’s process r to allow the gym to expand into this area, and did not intend to circumvent the City’s review and approval requirements, and has ceased using the unapproved area. Ms. Tu is now requesting city approval of a new Conditional Use Permit (CUP) to allow this use and to occupy the entire unit that is approximately 5,044 square-feet, which will include the rear 1,235 square-foot rear storage room as well as utilizing a front desk area and restrooms at the north-end of the existing wholesale business – see Attachment No. 4. The new CUP will also memorialize city staff’s 2016 approval to convert the former martial arts studio to a personal training gym, and allow for conditions of approval more relevant to a fitness facility. PROPOSAL Ms. Tu is requesting approval of a Conditional Use Permit with a Parking Modification for a 5,044 square-foot personal training facility. Proposed operating hours are Monday – Friday, 5:00 a.m. to midnight; Saturday 6:00 a.m. to midnight; and Sunday 7:00 a.m. to 10:00 p.m. The applicant’s business plan anticipates an average of 15 patrons working out at any one time during their peak morning hour from 10:00 a.m. to 11:00 a.m., and 18 patrons during their peak evening hour from 7:00 p.m. to 8:00 p.m. There will be two full-time employees on-site, Ms. Tu and her sister, to run the gym and the wholesale business in the adjacent on-site unit. A small number of personal trainers may also be hired in the future for private one-to-one training. The applicant is proposing to add five additional parking spaces at the rear of the property by repurposing three of the detached garages currently used for storage. Additional details on the business operation have been provided by the applicant and are included as Attachment No. 5. ANALYSIS The City’s Development Code classifies the proposed use as a Large Health/Fitness Facility, over 3,000 square-feet in gross area, which is subject to approval of a Conditional Use Permit. In point of fact, the proposal is only a relatively minor increase in the size of the existing, currently approved fitness facility; 5,044 square-feet in gross area proposed compared to 3,199 square-feet existing. The usable workout area of the proposed facility would increase to 3,006 square-feet compared to 1,438 square-feet for the current approved facility. The current gym has been operating for over a year, and there have been no issues with parking or other impacts to the surrounding neighborhood. The martial arts studio formerly on the site operated for 10 years and staff is not aware of any issues with parking or neighborhood impacts when this business was operating. Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 3 of 9 Arcadia Municipal Code states that the parking requirement for a gym over 3,000 square-feet in area is to be determined through a Conditional Use Permit. For smaller gyms, the requirement is 1 space per 100 square-feet of gross workout area. Using the small gym parking requirement as a rough estimate, the proposed fitness center would require 30 parking spaces by code. This represents an increase of 16 parking spaces compared to the existing, approved small fitness facility. The remainder of the building at 36 W. Live Oak Avenue is operated as warehouse with incidental office, and requires 1 space per 1,000 square-feet of gross floor area for the warehouse space, and 1 space per 350 square-feet of gross office area. This equates to 8 parking spaces for the warehouse use, including the 420 square-feet of detached storage area that will remain at the back of the property. The total estimated parking required for the two uses equates to 38 parking spaces. However, in practice, it is anticipated that significantly less parking will be needed for the site, based on the following rationale: • A parking survey conducted in June 2017 by the applicant shows the current peak parking usage is only 13 parking spaces for both on-site businesses. The parking survey is consistent with staff’s observations of the site, which found the parking lot to be less than 50% occupied on site visits during normal business hours. Staff is not aware of any outstanding complaints or neighborhood issues with the current parking of the business. • The applicant is proposing to add five additional parking spaces at the rear of the property by repurposing three detached storage garages. This will increase the amount of on-site parking from 14 spaces to 19 spaces. • The applicant has a longstanding, informal arrangement with the adjacent auto repair business to the east, Service King, to utilize their on-site parking spaces in the evening hours after this business has closed. Included as Attachment No. 6 is written confirmation of this arrangement from the business owner of Service King. The gym’s peak hours are in the early morning and evenings, when most businesses in the area are closed and street parking along Live Oak Avenue is readily available. • The proposed gym does not include large group classes, and the powerlifting emphasis of the gym will not allow for high volumes of people to workout at the same time, and so will not need as much parking per gross workout area compared to large commercial gyms, such as 24-hour Fitness or Gold’s Gym. To ensure that in the future the gym does not morph into a more parking intensive business model, staff is recommending a condition of approval that there shall be no more than 30 people total at any one time including gym staff, trainers, patrons, and management. This condition will accommodate the applicant’s peak anticipated use of the gym (18 patrons, two full time staff members, and a small number of trainers/part- time staff), while also providing some flexibility for the business to adapt to future consumer changes in customer demand and the marketplace, as well as occasional Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 4 of 9 busy days. From the City’s standpoint, the condition provides a reasonable restriction on the intensity of the use to ensure adequate parking is available to meet the demands of the use. General Plan Consistency & Economic Development The General Plan vision for the Live Oak Avenue corridor envisions a livelier, more diverse mix of retail and service commercial uses that better serve local residents, together with new residential uses in select locations along the corridor in mixed-use developments. The General Plan also promotes a more walkable, pedestrian-friendly experience along Live Oak Avenue and revitalization of the district accomplished by private reinvestment into the area. The applicant’s high-end fitness facility fits well with the City’s vision and goals for the area. The Economic Development Division supports the proposed application at this site. Retaining existing businesses in itself is an important goal for the City of Arcadia, but particularly so for the Live Oak Avenue Commercial District. The applicant’s high-end fitness gym is an excellent use for bringing new patrons to the area and is already having positive spillover benefits for the surrounding neighborhood. Reinvestment by the current business and property owners into this building is a welcome and encouraging development that should be supported, and something that the City hopes to see more of for this area in the coming years. The ample supply of underutilized street parking in the area, particularly during early morning, evening, and weekend hours, is also an important factor to consider as it can allow for greater flexibility in approving this type of active, vibrant use at the proposed location despite an undersupply of on-site parking relative to city code requirements. The Economic Development Division encourages street parking to be viewed as a resource for bringing new business and new investment to the area, and supports the applicant’s request for a parking modification. FINDINGS Section 9107.09.050 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of a health and fitness facility use, such as the proposed fitness facility, is consistent with the Commercial Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit or Minor Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 5 of 9 Facts to Support This Finding: The zoning of the site is C-G, Commercial- General, and Arcadia Development Code Section 9102.03.020 allows Large Health/Fitness Facilities (i.e., over 3,000 square feet in area) in the C-G zone with an approved Conditional Use Permit, including a determination of the on-site parking needs for the proposed facility. 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 proposed fitness facility is compatible with the other commercial and light industrial uses along Live Oak Avenue. To the south of the site is a multifamily residential building, however it is over 150 feet away from the fitness facility and separated by the on-site parking lot and a solid concrete block wall. Therefore, noise from the gym will not be an issue for this residential building. As such, the proposed use will be compatible with the existing and future land uses in the vicinity. 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; Facts to Support This Finding: The proposed fitness facility will occupy a portion of an existing commercial building. The commercial property is improved with parking and landscaping, and other features typical of commercial developments. The applicant will provide five additional parking spaces on site to increase the available parking from 14 spaces to 19 spaces. A parking survey conducted in June 2017 by the applicant shows the current peak parking usage is only 13 parking spaces for both on-site businesses. There is also ample on- street parking along W. Live Oak Avenue that is conveniently located in front of the property. The applicant is proposing to add five additional parking spaces at the rear of the property by repurposing three detached storage garages. This will increase the amount of on-site parking from 14 spaces to 19 spaces. The proposed gym does not include large group classes, and the powerlifting emphasis of the gym will not allow for high volumes of people to workout at the same time. A condition of approval to limit the fitness center to no more than 25 patrons and 30 people total including staff, trainers, and management, will ensure that in the future the business does not morph into a more parking intensive fitness facility. 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 W. Live Oak Avenue. There is also an access easement that runs through the rear of 22 & 28 W. Live Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 6 of 9 Oak Avenue (the two properties immediately east of the site) and along the west driveway of the property at 22 W. Live Oak, which provides additional vehicular access onto Live Oak Avenue. The streets and alleyway are adequate in width and pavement type to carry the traffic that will be generated by the proposed fitness facility and any other use that may occupy the site, and any emergency services that may need to access the site. The proposed use will not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is developed with an existing 11,264 square-foot 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 an 11,264 square-foot 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 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 applicant will provide five additional parking spaces on site to increase the available parking from 14 spaces to 19 spaces. All fitness activities will occur indoors, and there will be no noise or other negative impacts to the surrounding neighborhood. As a high-end fitness facility, it is anticipated that the use will contribute to an overall revitalization of the area. A condition of approval to limit the fitness center to no more than 25 patrons and 30 people total including staff, trainers, and management, will ensure that in the future the business does not morph into a more parking intensive fitness facility. 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. Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 7 of 9 ENVIRONMENTAL ASSESSMENT If it is determined that no significant physical alterations to the site are necessary, then this project, as an 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. 7 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 September 14, 2017. As of September 22, 2017, staff has not received any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2003 (Attachment No. 1) to find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA) and to approve Conditional Use Permit No. CUP 17- 11, subject to the following conditions of approval: 1. There shall be no more than thirty (30) people at the personal training facility at any time. 2. Hours of operation shall be limited to Monday through Friday, 5:00 a.m. to 12:00 a.m.; Saturday, 6:00 a.m. to 12:00 a.m.; and Sunday 7:00 a.m. to 10:00 p.m. 3. Prior to the personal training facility operating within the expanded workout area or by October 30, 2017, whichever is sooner, the applicant/property owner shall convert the three northernmost storage garages to five (5) parking spaces consistent with the site plan approved with CUP 17-11. The applicant/property owner shall obtain all necessary building permits to convert these garages. 4. The use approved by CUP 17-11 is limited to a personal training facility, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 17-11, 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 such as noise, to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 5. 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, Planning/Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 8 of 9 6. Noncompliance with the plans, provisions and conditions of approval for CUP 17-11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the personal training facility. 7. 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. 8. Approval of CUP 17-11 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 Planning/Community Development Administrator or 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 17-11, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2003 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 17-11; 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 September 26, 2017 hearing, please contact Tim Schwehr, Economic Development Analyst, at (626) 574-5409 or TSchwehr@ArcadiaCA.gov. Resolution No. 2003– CUP 17-11 36 W. Live Oak Avenue September 26, 2017 – Page 9 of 9 Lisa L. Flores Planning/Community Development Administrator Attachment No. 1: Resolution No. 2003 Attachment No. 2: Resolution No. 1758 (CUP 06-17) Attachment No. 3: Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 4: Site Plan and Floor Plan Attachment No. 5: Business Plan Attachment No. 6: Parking Survey & Service King Parking Letter Attachment No. 7: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2003 Attachment No. 2 Attachment No. 2 Resolution No. 1758 e RESOLUTION NO. 1758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 06-17 FOR A 1,438 SQUARE-FOOT MARTIAL ARTS STUDIO IN AN EXISTING 10,000 SQUARE-FOOT COMMERCIAL BUILDING AT 36 WEST LIVE OAK AVENUE. WHEREAS, Conditional Use Pennit application no. CUP 06-17 was filed by 99 Enterprise, LLC on December 21, 2006 for a martial arts studio at 36 West Live Oak Avenue; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQAj, and the State's CEQA Guidelines, the City of Arcadia prepared a Preliminary Exemption Assessment and detennined that the proposed project qualifies as a Class 3 Categorical Exemption under Section 15303(c) of the CEQA .Guidelines as a conversion of an existing small structure from one use to another where only minor modifications are made to the exterior of the structure; and WHEREAS, a public hearing was held by the Planning Commission on April 10, 2007, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached reports are true and correct. SECTION 2. This Commission finds: 1-1758 e 1. That the approval of Conditional Use Pennit No. CUP 06-17 for a 1.438 square-foot martial arts studio in an existing 10,000 square-foot commercial building will not be detrimental to the pUblic health or welfare, or injurious to the property or improvements in the zone or vicinity. 2. That a 1,438 square-foot martial arts studio at the IQCation indicated is properly one for which a Conditional Use Pennit is authorized based on the specific conditions of approval stated herein relating to the proposed use and design. 3. That the site for the proposed martial arts studio 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. 4. That the site for the proposed martial arts studio abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the subject property is designated for commercial uses in the General Plan, that the proposed martial arts studio is consistent with that designation, and that the granting of the Conditional Use Pennit will not adversely affect the comprehensive general plan. 6. That the detennination that the proposed project qualifies as a Class 3 Categorical Exemption is appropriate and that based upon the record as a whole, there is no evidence that the proposed project will have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Penn it No. CUP 06-17 for a 1.438 square-foot martial arts studio in an 2-1758 existing 10,000 square-foot commercial building at 36 West Live Oak Avenue, subject to the following conditions: 1. The martial arts studio is limited to the 1,438 square-foot area indicated on the plans and shall be operated in a manner that conforms with the applicant's application {i.e., no more than three (3) one (1) hour classes a day (and no more than one class after 6:00 p.m. on any day) Monday through Sunday, with each class having no more than eight (8) students, and the classes will be for children at least five (5) years old and/or for adults}. 2. The subject property shall be inspected by the Building Official and Fire Marshall prior to operation of the martial arts studio, and shall be in compliance with all requirements and policies determined to be necessary by the Building Official, City Engineer, Community Development AdministratOr, Fire Marshall, Public Works Services Director, and any service districts and utility providers that will serve the subject property prior to operation of the martial arts studio. 3. A Parking Modification for 15 spaces in lieu of 37 spaces required on the subject lot is granted in order to permit the martial arts studio, but only subject to the following conditions: In consideration for this Parking Modification, the 10,579 square feet of building area currently being utilized by the wholesaling business must remain a wholesaling use (with ancillary offices that serve the wholesaling enterprise), and the existing separate two (2) office uses are not to be expanded. 4. The driveway and the rear parking area are to be improved in accordance with City standards, and pursuant to plans approved by the Development Services Director, including landscaping, prior to operation of the martial arts studio. 3-1758 5. The martial arts studio cannot be in operation unless the egress easements at the south end of 28 West Live Oak Avenue and along the west side of 22 West Live Oak Avenue are available for use. The applicant shall submit to the Development SelVices Director, and receive hislJier approval of fully executed easements, and all such easements together with all subordinations thereto shall be recorded against the subject property in the Office of the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. 6. There shall be no more than three (3) classes held per day with at least a 3Q-minuteintelVal of no class activity between each class;, and no more than one (1) class may be held after 6:00 p.m. on any day, and any such class must end on or before 9:00 p.m. No class activity shall occur between 9:00 p.m. and 6:00 a.m. 7. 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 conceming the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reselVes 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. 4-1758 8. Noncompliance with the plans, provisions, requirements of various City departments, and the conditions of approval for CUP 06-17 shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in suspension of the activities that are the subject of this Conditional Use Pennit. 9. Approval of CUP 06-17 shall not take effect until the property owner and applicant have executed and returned the Acceptance Fonn from the Development Services Department to document acknowledgement and acceptance of the conditions of approval, and all conditions of approval shall be satisfied prior to the issuance of a business license and operatiQn of themamal arts studio. 10. The applicant shall, at applicant's cost and expense, provide and cause the installation of signage generally at the intersection of Live Oak Avenue and the easement along the west side of the property addressed as 22 W. Live Oak Avenue. The signage shall alert drivers that only right turns can be made. This signage and its exact location shall be subject to approval by the City's Traffic Engineer and shall be provided by the applicant prior to the issuance of a business license for the martial arts studio. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of April 10, 2007, by the following vote: AYES: Commissioners Baderian, Beranek, Hsu, Parrille and Olson NOES: None SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. 5-1758 I HEREBY CERTIFY that this foregoing Resolution No. 1758 was adopted at a regular meeting of the Planning Commission held on April 24, 2007, by the following vote: AYES:Baderian, Beranek, Hsu, parrille and Olson NOES: ABSENT: NONE NONE L--f 7<. ~o_ Chairman, Planning Commission ATTEST: Secreta anning Commisso APPROVED AS TO FORM: r.~ Stephen P. Deitsch, City Attorney 6-1758 Attachment No. 3 Attachment No. 3 Aerial Photo with Zoning Information & Photos of Site & Surrounding Properties Subject Property – Business Frontage Subject Property – showing both units as viewed from Live Oak Adjacent property to the west – auto repair shop Adjacent property to the east – auto repair shop 22 W. Live Oak Avenue – access easement for subject property to use their driveway South of Subject Property - Multifamily Residential located in Temple City Subject Unit – Panorama of currently approved workout area Interior Subject Unit – Stretching Mobility Cardio Area Interior Subject Unit – Powerlifting Area Proposed gym expansion area 1 – front reception area & restrooms Proposed expansion area 2 – rear exercise room Storage garages in rear parking lot Rear parking lot Vehicular access easement at back of property through adjacent property to the east Attachment No. 4 Attachment No. 4 Site Plan & Floor Plan Attachment No. 5 Attachment No. 5 Business Plan BUSINESS OPERATION Propose Use: We are requesting an expansion for a Conditional Use Permit to expand our original 1,489 sqft fitness studio to a 3,006 sqft boutique Powerlifting Club located in a 10,000 sqft building. This building is located on 36 W Live Oak Ave. What We Provide: 99 Barbell provides a safe, clean, private and supportive environment for athletes to train. All our Powerlifting equipment’s are professional competition grade equipment’s that are manufactured by well-known fitness brand in the fitness industry. Powerlifters and Weightlifters are known to lift an immense amount of weight and most commercial gyms do not have the right equipment to safety support these type of training. In fact, a lot of commercial gyms deter and frown upon lifters who lifts heavy or drop weights in their facility. For example, Planet Fitness does not allow members to drop weights on the floor to prevent members from causing damage to the facility and equipment. Franchise gyms only provide the basic lifting equipment hence their weight lifting barbell are not capab le of sustaining such weight and they do not provide the specific lifting platform to drop weights. On the other hand, we provide high quality barbells that are made from well-known manufactured in the fitness industry that are capable of handling the heavy load s that lifters use during their training. In addition to high quality barbells, we also provide specific lifting platform and racks to ensure our members are safe while lifting. Our facility has ¾ inch compressed rubber matts flooring that is textured and laid throughout the strength training floor areas. These matts can sustain heavy impact and also provide a sturdy non-slip flooring to ensure the safety of our members. Moreover, since we are family owned, we care about every aspect of our business. First and foremost, member's safety is our first priority. All our equipment have been checked by the original manufacture with manufacture warranty on their performance, safety and durability. We spent the majority of our investment in buying high quality equipment for our members. A majority of our members are active competitors and the equipment we provide are competition grade equipment. This enables them to be able to practice in a similar environment as the actual competition. Secondly, Customer service and building rapport with our members is also very important to us. We make it our goal to ensure that all our members are happy with our facility and if ever we are lacking or in need of change, we make it our priority to meet those needs. Additionally, cleanliness is just as important. Our facility are cleaned throughout the day during business hours and all machines are cleaned and disinfected after business hours to ensure the safety and well -being of our members. 99 Barbell strives to provide a safe, clean, supportive environment with professional grade equipment to support members to train for their next competition or help members achieve personal goals. Lastly, our facility also provides personal training and small group Powerlifting classes. We provide two types of personal training, general fitness personal training and Powerlifting coaching. One-on-One coaching are based on client’s demands. The time and days may varies but appointments are made generally in the early morning on weekdays or on weekends. The small group Powerlifting classes will only be held on Sunday from 10:00am – 11:00am. All of the business around us are closed on Sunday except the restaurants across the street. The class size will cap at 5 students with 2 trainers for the whole duration of the training. Classes are based on pre -registration only and are not scheduled to be held every Sunday. We will only make other Sundays available if all 5 spots are filled . Business Owner Background: My family has had a passion for fitness and healthy living all our lives. My siblings and I started training Martial Arts at the age of 5 and continued this training until we were in our 20’s. Since we were small we were taught the importance of physical exercise and how not exercising regular can be detrimental to our health. Our father is a famous world renown Qi Gong Grandmaster that has been teaching Qi Gong for more than 40 years. Prior to the opening of our Powerlifiting Club, we were a Martial Arts Studio. We taught both children and adults Martial Arts and Qi Gong. We have been at this location for the past 10 years and decided to change due to financial hardship. Our business was not making enough to support our mortgage and we had to think of a new business plan. From 2013-2016 my brother and sisters, who both graduated from Arcadia high school, were both competing nationally in Powerlifting. My sister Jenny Tu, who just recently graduated from the University of California Berkeley, has held a world record in the International Powerlifting League and also holds multiple National and State records in her weight class. My brother Jimmy Tu has also won multiple National and State records. Both my brother and sister are very passionate about Powerlifting. We wanted to create an environment for like minded people to train and grow together. Powerlifting is a sport that is growing rapidly and since currently there are no other Powerlifting Club in this city, we decided to open this facility for the community. So far, the feedbacks that we have been receiving from the community has been very positive. Especially our surrounding residential neighbors who are very fond of our location. The streets located south of Live Oak are all residential dwellings. This makes going to the gym very easily accessible for them. Additional, 99 Barbell Team member has recently competed and won in the recent National Powerlifting competition in June. Our team is currently preparing for their next meet in August and October. Operating Hours: We would like to request for our operating hours to be: Monday-Friday: 5:00am to Midnight Saturday: 6:00am to Midnight Sunday: 7:00am to 10:00pm Anticipated Number of People: The anticipated number of people at any given time is very close to the chart below. These number on the chart were based on the current operational hours between 8:00am – 9:00pm for the month of June. (The numbers can varies depending on the days of the week. The number also tends to increase during holidays or long weekends.) Hours Number of Members Hours Number of Members 8:00 AM – 9:00 AM 2-8 3:00 PM – 4:00 PM 5-8 9:00 AM – 10:00 AM 5-10 4:00 PM – 5:00 PM 8-10 10:00 AM – 11:00 AM 6-10 5:00 PM – 6:00 PM 8-15 11:00 AM – 12:00 PM 6-8 6:00 PM – 7:00 PM 12-18 12:00 PM – 1:00 PM 5-8 7:00 PM – 8:00 PM 10-18 1:00 PM – 2:00 PM 5-8 8:00 PM – 9:00 PM 10-18 2:00 PM – 3:00 PM 5-8 The number of people during morning peak hour is around 8-15 people. The number of people during night peak hour is around 15-18 people. The majority of our members utilize the facility after 5 :30 pm. The surrounding businesses in the area are closed for business between 5:00 pm – 6:00 pm. This greatly opens up the available parking on the street. Additionally, we have had a verbal and written agreement with Marco’s Collision Centers; which is now Service King, to use their parking lot after their business hours. They have been granting us this usage for the past 10 years. They have 10 parking space available for us to use after 6:30 pm on weekdays, after 12:00pm on Saturdays, and all day Sunday since they are closed. With the parking spaces provided by Service King this gives an additional 10 parking space after 6:30 pm. Furthermore, we would like to use 3 of the 5 garages in the back as parking for our members. Each garage can park up to 2 cars and the 3 garages are linked consecutively, therefore there are no walls between the 3 garages. The garage parking adds an additional 5 parking space to our 14 spaces in the back lot. With a total of 19 parking spaces. Additionally, we are requesting if it is possible to have the garage doors rolled up during business hours and closed when the business is closed. We recently updated the garage doors to prevent stray cats from nesting and leaving urine/feces inside the garages. The smell is horrendous and very difficult to expel . It took us almost 6 months to clean and eliminate the smell completely. The back lot has a bad infestation of stray cats for the past 10 years. During winter time we often find dead kitten inside the garages and it is very unpleasant. We have also fostered and saved many litters of baby kitten in the past 10 years. We have contacted humane society regarding this matter, however the only help they could provide was provide us with traps to trap the cats and bring them in to be neutered/spayed. We have tried that option but the problem still proceeds. Having the garage door closed during non-operational hours will help keep the garages clean and not leave odors which may be harmful for members whom park their car inside the garages. Cat urine can emit ammonia which could lead to severe allergic reactions and also cause dangerous diseases like pneumonia and bronchitis. Employee and Trainers: There will only be 2 full time employees on the property at all times. They will manage both the 99 Enterprise and 99 Barbell. Trainers are based on appointments and as of now we have not officially hired any trainers. Facility Use: 99 Barbell Powerlifting Club: USE SQUARE - FEET Powerlifting Area: 1,183 sqft Upper Body Strength Training Area: 598 sqft Lower Body Strength Training Area: 714 sqft Stretching Mobility Cardio Area: 504 sqft Connecting Walk Way: 120 sqft Businesses on 36 W Live Oak Ave., Arcadia: There are currently 2 active business licenses listed as followed: 1) 99 Enterprise LLC a. The Owners of the property, “Chin Sheng Tu and Hsiao Ling Chen,” are the owners of 99 Enterprise LLC 2) 99 Barbell LLC a. Yen Jung (Julie) Tu and Yen Wei (Jenny) Tu are the owners of 99 Barbell LLC and the daughters of Chin Sheng Tu and Hsiao Ling Chen mentioned above. In reference to 99 Enterprise LLC: My parents are retired and have passed the Wholesale Fitness Equipment business to my sister and I. 99 Enterprise’s main clientele was selling equipment’s to students and online through mail orders. Since the Martial Arts Studio has closed down, the wholesale business is 100% operated through mail orders. We currently do not have any merchandise show room to display products for sale. Moreover, since 99 Enterprise LLC is also a family owned business, my sister and I are currently managing all business operations. Therefore, we only take 1 of the available parking spaces. We usually go to work at the location together in one car and if needed, which is rare, we go separately. The other half of the building will remain as wholesale business. All en trances to the other side of the building are blocked off. An important note to add is due to the location of our business we have accumulated many of the neighboring residents in the surrounding multi -family and single family homes. Our facility can also accommodate the general public’s fitness needs. Those looking for a more private training facility would fit perfectly in our establishment. The close proximity of our location to nearby residential dwellings has stimulated a growth of pedestrian activity and we encourage members to walk to our business. This can help reducing the number of vehicles on the road and the needs for parking spaces. The general plan for Arcadia has a specific vision for the Live Oak Corridor commercial district and its goal is to provide the residences with a livelier, more diverse mix of retail and service commercial to promote pedestrian movement. Since we are located in the hearts of the Live Oak Corridor, I believe our business can definitely assist with the goal to revitalize this area and provide our facility to serve this community. The front view of 36 W Live Oak Ave Attachment No. 6 Attachment No. 6 Parking Survey & Service King Parking Letter Attachment No. 7 Attachment No. 7 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 No. CUP 17-11 with a parking modification for a new 5,044 square-foot personal training facility 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): 36 W. Live Oak Avenue (Between Santa Anita Avenue and Welland Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Julie Tu (2) Address 36 W. Live Oak Ave. Arcadia, CA 91007 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: Section 15301; Use of existing facilities. 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: September 8, 2017 Staff: Tim Schwehr, Economic Development Analyst