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HomeMy WebLinkAbout2068RESOLUTION NO. 2068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AN AMENDMENT OF CONDITIONAL USE PERMIT NO. CUP 17-11 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO EXPAND THE OPERATION OF AN EXISTING PERSONAL TRAINING FITNESS FACILITY WITH PHYSICAL THERAPY AND ACUPUNCTURE SERVICES WITHIN AN EXISTING 5,044 SQUARE FOOT COMMERCIAL UNIT AT 36 W. LIVE OAK AVENUE WHEREAS, on October 19, 2020, an application for an Amendment of Conditional Use Permit No. CUP 17-11 was filed by the business owner, Yen Jung Tu ("Applicant') to expand the operation of an existing personal training facility (dba: 99 Barbell Fitness) with physical therapy and acupuncture services within an existing 5,044 square foot commercial unit at 36 W. Live Oak Avenue (the "Project'); and WHEREAS, on December 2, 2020, 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 as the use of an existing facility; and WHEREAS, on December 22, 2020, a duly noticed public hearing was held before the Planning Commission on said application, 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 December 22, 2020 are true and correct. 1 SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the Project is consistent with the intent of the site's Commercial Land Use Designation to permit a range of commercial uses that serve citywide markets. The Project will allow the Applicant to offer additional services to members of the fitness facility to meet their fitness needs, and allow the business to thrive by retaining existing members and attracting new ones. Therefore, the Project will not adversely affect the General Plan and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU -6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring the neighborhoods and districts have adequate access to local -serving commercial uses. 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. FACT: The subject site is zoned C -G (General Commercial), which allows physical therapy and acupuncture uses by right, under General Personal Services. Approval of the Project would add physical therapy and acupuncture services to an existing personal training fitness facility. Arcadia Development Code Section 9102.03.020, Table 2-8, allows physical therapy and acupuncture uses by right, as a medical use and a General Personal 2 Service, respectively. However, CUP 17-11 limited the use to a personal training fitness facility; therefore, an amendment is required to add the services. The Project will not increase parking demand, nor will physical improvements to the lot or commercial building be required. The lot will continue to accommodate the parking required for the new services and the existing businesses on site. The physical therapy and acupuncture services will not be offered to the general public and will only cater to the members who train at the existing fitness facility. Therefore, the Project is in compliance with all applicable provisions of the Arcadia Development Code and the Arcadia 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. FACT: The existing fitness facility occupies an existing unit within a commercial building. The Project would utilize an existing 120 square foot area of the existing 3,006 square foot workout area with mobile treatment tables, and no additions or tenant improvements are required to accommodate the new uses. Since the new services will only be provided to members of the fitness facility and not to the general public, and they will be performed within the existing workout area, no additional parking spaces are required for the Project. The Project is compatible with the existing fitness facility as many members who frequent the fitness facility seek physical therapy services to treat their training -related injuries. This would provide a convenience to the members to be able to take advantage of multiple services in one location during one visit. The existing fitness facility will remain compatible with the other existing commercial uses found along Live Oak Avenue and the general vicinity. 4. The site is physically suitable in terms of: 3 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; FACT: The subject site is physically suitable to accommodate the Project as there will be no expansion of the existing commercial building. The Applicant proposes to utilize an existing 120 square foot area to accommodate the Project. The existing 19 on- site parking spaces, as previously approved by the Planning Commission under CUP 17- 11, will provide sufficient surface parking to serve the existing businesses on site and accommodate the Project. Since no additional parking is required for the Project, parking for the existing businesses is not expected to be impacted. Lastly, the proposed uses will only be available to members of the existing fitness facility and not to the general public; therefore, no impacts are anticipated from the Project. B. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located on the south side of W. Live Oak Avenue, between Welland Avenue and Santa Anita Avenue. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the Project and existing uses on site. The Project will not impact these right-of-ways or the existing vehicular easement. C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The Fire and Police Departments have reviewed the Project and determined that there will be no impacts to public protection services. 4 D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, disposal, etc.). FACT: The subject property is developed with one commercial building that consists of two (2) commercial units. There are adequate utilities to service this site. The Project does not include new construction that will impact the provision of utilities, nor will the proposed operations impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 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. FACT: The uses under the Project are permitted by right under the Development Code. However, CUP 17-11 limited the allowable use on this site to a personal training fitness facility; therefore, an amendment is required to add the physical therapy and acupuncture services, which will not be detrimental to the public health or welfare of the surrounding properties. The subject site is suitable to continue to accommodate the existing personal training facility, and the Project, as there is sufficient parking provided on site. All activities will occur indoors and there will be no noise or other negative impacts to the surrounding neighborhood. The existing condition of approval for CUP 17-11 that limits the fitness facility's indoor capacity to no more than thirty (30) people at any given time will continue to be enforced in order to prevent any potential adverse impacts to neighboring properties. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines as it involves the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines, and approves an amendment of Conditional Use Permit No. CUP 17-11 to expand the operation of an existing personal training fitness facility with physical therapy and acupuncture services within an existing 5,044 square foot commercial unit located at 36 W. Live Oak Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 22nd day of December, 2Q20 Deborah Lewis ATTES Lis L. Flores Se retary APPROVED AS TO FORM: n. Stephen P. Deitsch City Attorney l: Chair, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2068 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 22nd day of December, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, Vice Chair Wilander, and Chan, Lin, and Thompson NOES: None ABSENT: None rA Flores iry of the Planning Commission RESOLUTION NO. 2068 Conditions of Approval The original conditions that were approved under CUP 17-11 shall remain in effect, in addition to the conditions below. The uses approved by this amendment of CUP 17-11 are limited to physical therapy and acupuncture services that will only be offered to members of the fitness facility and not the general public. The approved uses shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for the amendment of 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 to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. No more than two (2) treatment tables shall be permitted for the physical therapy and acupuncture services for the existing personal training fitness facility. Any intensification to the number of treatment tables permitted shall be subject to review and approval by the Planning Commission. 4. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code 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 Marshall, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 6. Noncompliance with the plans, provisions and conditions of approval for the amendment of CUP 17-11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the massage business. 7. The Applicant/Property Owner 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 the amendment of CUP 17-11 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 9