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HomeMy WebLinkAbout1777 ~ . . RESOLUTION NO. 1777 A RESOLUTION OF THE PLANNING COMMISSION. OF THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. CUP 08-10 TO REVISE A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (CUP 06-16 I CiTY COUNCIL RESOLUTION NO. 6593 AND PLANNING COMMISSION RESOLUTION NO. 1768) FOR A BADMINTON CLUB AND CORRESPONDING PARKING MODIFICATION AT 12336 LOWER AZUSA ROAD. WHEREAS, on July 31,2008, a request was filed I by William Chan for Conditional Use Permit No. CUP 08-10 to revise a previously approved Conditional Use Permit (CUP 06-16 / City Council Resolution No. 6593 and Planning I Commission Resolution No. 1768) for a badminton club andlcorresPOnding parking modification at 12336 Lower Azusa Road; and WHEREAS,a public hearing was held on August 26, 2008, 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 I by the Development Services Department in the attached report dated August I 26, 2008 is true and I correct. SECTION 2. This Commission finds: I A. That the granting of the revised Conditional Use Permit would be I detrimental to the public health and welfare, and injurious to the property and improvements in the zone or vicinity because there is inadequate on-site parking to support large-scale tournaments and because the security guard, limited operating I -1- Resolution No. 1777 - . . , I I hours, and controlled access to the building are necessary Ito ensure the public's I safety. I I B. That the use applied for at the location indicated is properly one for which a Conditional Use ,Permit is authorized; however, app!roval of the requested , revisions to the Conditional Use Permit would be detrimental tb the public health and welfare and injurious to the property. C. That the site for the proposed use is inadequate in size and shape to accommodate the requested revisions to the Conditional Use Permit due to inadequate on-site parking. D. That the site abuts streets and highways aqequate in width and pavement type to carry the kind of traffic generated by the proposed use, but the on- site parking is insufficient to accommodate the requested revisions to the Conditional Use Permit. E. That the granting of such revised Conditional Use Permit will adversely affect the comprehensive General Plan because approval of the revisions would be detrimental to the pUblic welfare. F. That the proposed project is a minor alteration of an existing facility and is therefore exempt from the California Environmental Quality Act (Class 1 Categorical Exemption, Section No. 15301). SECTION 3. That for the foregoing reasons this Commission denies CUP 08-10 to allow revisions to a previously approved Condit,ional Use Permit (CUP 06-16 I City Council Resolution No. 6593 and Planning Commission Resolution No. 1768). -2- Resolution No. 1777 - I I SECTION 4. The Secretary of the Planning Commission shall certify to I the adoption of this Resolution. Passed, approved and adopted this 23rd day of September, 2008. ATTEST: APPROVED AS TO FORM: . s~~ I~ City Attorney . -3- Resolution No. 1777 - . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) , T, JAMES M. KASAMA, Secretary of the Planning CJmmission of the City of I Arcadia, hereby certify that the foregoing Resolution No. 1777 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary ata regular meeting of said PILg Commission held i on the 23rd day of September,2008 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Hsu and Parrille I NOES: None ABSENT: Commissioners Baderian and Beranek , S of the Planning Commission I I . STAFF REPORT Development Services Department August26,2008 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Steven Lee, Assistant Planner SUBJECT: Conditional Use Pennit Application No. CUP 08-10 for revisions to a previously approved Conditional Use Penn it (CUP 06-16 I City Council Resolution No. 6593 and Planning Commission Resolution No. 1768) to operate a 36,283 square-fodt badminton club at 12336 Lower Azusa Road I . SUMMARY . The applicant is requesting revisions to a previously approved Conditional Use Pennit to operate a badminton club (CUP 06-16 I City CQuncil Resolution No. 6593 and Planning Commission Resolution No. 1768). The request entails elimination of the condition prohibiting tournaments and the conditions requiring the presence of a unifonned security guard and electronically-controlled access to the building after daylight hours. The applicant is also seeking approval to extend the club's operating hours to 1:00 a.m., Monday through Thursday, and to 2:00 a.m. on Fridays and Saturdays. The Development Services Department is recommending approval of this CUP, subject to the co"ditions listed in this report. i I GENERAL INFORMATION Applicant: William Chan (business owner) Location: 12336 Lower Azusa Road Elimination of the condition prohibiting ~urnaments and the conditions requiring the presence of a unifonned security guard and electronically-controlled access to the building after daylight hours, and an extension of the club's operating hours to 1:00 CUP 08-10 August 26, 2008 Page 1 Request: . . . Site Area: a.m., Monday through Thursday, and to 2:00 a.m. on Fridays and Saturdays. ApproximatelY 68,710.76 square feet (1.58 acres) Frontages: None Existing Land Use: The subject site is part of an industrial parlf that is comprised of five separate properties, each developed with a warehouse facility. The four other warehouses are occupied by the Los Angeles County Department of Weights and Measures; a golf apparel importer and distributor; a company that sells stone, tile, and masonry products; and a fire-fighting ~uipment distributor. M-1, Planned Industrial District Zoning: General Plan Designation: Industrial Surrounding Land Uses & Zoning: I I Industrial warehouse, zoned M-1 Industrial warehouse, zoned M-1 San Gabriel River and the City ~ Irwindale Industrial warehouse, zoned M-1! North: South: East: West: BACKGROUND The subject building is part of a five-parcel industrial park that was developed in 2000. Prior to the development of the industrial park, the !>ite was a landfill. In November 1998, the Planning Commission approved a ZOrje Change (Z 98-003) to change the zoning from M-2, Heavy Manufacturing Zqne, to M-1, Planned Industrial District. Also in 1998, a Tentative Parcel Map was approved to subdivide the land into five lots (TPM 98-020). The badminton club has been reviewed numerous times by the Planning Commission and City Council. Below isa summary of the project's history: . July 24, 2007: The Planning Commission votedi 5 to 0 to approve Conditional Use Permit No. CUP 06-16 (Planning Commissic;m Resolution No. 1762) to convert an existing 36,283-square-foot warehouse into a badminton club. I I CUP 08-10 August 26, 2008 Page 2 . . September 18, 2007: Upon appeal, the Arcadia City Council voted 4 to 0, with one Council member absent, to uphold the Planning Commission's decision and approve the project; however, four !;lew conditions were added to address the appellants' concerns regarding parking (conditions 20 through 23 of City Council Resolution No. 6593). . November 13, 2007: After failing to secure the parking agreements with the neighboring properties as originally proposed and as required by Condition Nos. 4, 4(A), and 4(B) of City Council Resolution No. 6593, the applicant filed a request to modify the Conditional LIse Penn it, which the Planning Commission approved by a 4 to 1 vote on November 13, 2007 (Planning Commission Resolution No. 1768). Due to the uniqueness of the use and the concerns about parking, a corydition was includad requiring staff to provide an update to the Planning Commission after a 6- month period to assess the parking situation. BaSEid on the update, the Commission could revoke the CUP if there was evidence of a parking problem. . June 10, 2008: Staff provided a 6-month update of the club's progress. Staff noted that although parking had not been an i~ue, the applicant had failed to hire a security guard as required by the CUP. As a result, the Planning Commission directed staff to monitor the sJcurity guard situation and report back at the next meeting. : I . July 8, 2008: Staff reported that a security guard had been hired but that the club was not in compliance with another conditic;m of approval, which requires that access to the building be controlled electronically after daylight hours. Again, the Commission asked staff to monitor the situation and report back after 3 months time unless a formal CUP revision request was submitted before then. . July 31, 2008: The applicant submitted a fonnal CUP revision request. . PROPOSAL AND ANALYSIS The Arcadia Badminton Club opened for business in December 2007. During the first eight months of operation, the applicant found fOur of the operating conditions imposed by the City Council and Planning! Commission to be inconvenient or burdensome, and is requesting that th~y be eliminated or modified. Each of the conditions in question is listed below, followed by an explanation of the applicant's request. The first two conditions were originally imposed by the Planning Commission and were carried over to the City Council Resolution upon appeal. The third condition isa City Council condition and must be reviewed by the City Council. The fourth condition was imposed by the Commission when the first revision request was considered; I . CUP 08-10 August 26, 2008 Page 3 . . . Condition No.2, City Council Resolution No. 6593 I Planning Commission Resolution No. 1762 - "The hours of operation of the badminton club shall not exceed 7:00 a.m. to midnight, 7 days a week." The applicant has indicated that the club is busiest after 8 p.m. and that many patrons would like to play beyond midnight Therefore, the applicant is requesting an extension of the club's hours to 1 a,m., Monday through Thursday, and until 2 a.m. on Fridays and Saturdays. The club would close at 10 p.m. on Sundays. The Police Department has reviewed the request and is not opposed to the extended business hours. No crimes have been reported at the subject site since the club opened for business. I I Condition No.9, City Council Resolution No. 6593 I Planning Commission Resolution No. 1762 - "After daylight hours, entry to the location shall be controlled electronically by access ,card or from the reception desk." The applicant is requesting that this condition be eliminat~ because the club's busiest hours are after 8 p.m. and the applicant believes this condition of approval is impractical given how frequently people enter land exit the building during peak evening hours. The Police Department, however, has expressed concem about leaving the doors unlocked late at night because of the isolated nature of the site and the fact that no other businesses ate open after daylight hours. The Police Department believes the badminton club could be a target for a take-over robbery during the late evening hours. Therefore, in lieu of eliminating the condition altogether, staff recommends modifying it to require controlled access after 11 p.m., whiCh, according to the applicant, is when traffic begins to lessen. ' City Council Resolution No. 6593, Condition No. 20- "A unifonned security guard shall patrol the premises from 5:00 p.m. urdil all patrons and employees (except for cleaning personnel) have left the property Monday through Friday, and on Saturdays and Sundays during [all operating hours, and until all patrons and employees (except for Cleaning personnel) have left the property to ensure that club patrons and employees are reasonably safe and park in designated areas only." ' This condition was originally recommended due to concem~ over parking, not to address safety issues. The badminton club is located I in a large industrial complex that has an open parking lot configuration. The security guard was expected to monitor the parking lot and ensure that club patrons do not park on the neighboring properties. During the first six months of operation, the club was in violation of the CUP because it did not have a security guard on the premises. During that time, however, the neighboring business owners stated that parking was not an issue. The Police Department has reviewed the request to eliminate the security guard requirement and does not have any objeCtions; therefore, staff is recommending approval of this request. I CUP 08-10 August 26, 2008 Page 4 - . . This condition of approval was imposed by the City Coun~1 upon appeal. The initial Planning Commission resolution did not address the issue of a security guard. As a result, the City Council must confirm the approval of this request. In addition to considering the request to eliminate the security guard requirement, the City Council will have the opportunity to review all of the conditions of approval. I Planning Commission Resolution No. 1768, Conditio'] No.1 - "The club shall not host tournaments or other special events that would draw a large number of players and spectators to the club at one time." I The applicant is requesting that the Commission eliminate this condition of approval. The applicant notes that other badminton clubs in Califomia are allowed to host tournaments and believes that the City is ~ing overly cautious. Unfortunately, staff cannot support the request due to a shortage of parking. The subject property contains 72 parking spaces, which according to the applicant's professional parking study, is adequate to serve the daily needs of the badminton club. A toumament, however, would draw approximately 200 attendees to the club facility at one time and would require additional par:tdng. Originally, the applicant had proposed recorded parking agreements with 'the adjacent property owners in order to secure additional parking. Unfortunately, the applicant was unable to secure these agreements, and as a result, the Planning Commission established a condition prohibiting toumaments. Staff believes parking agreements are necessary to ensure that adequate parking is provided for large toumaments, and that the agreements should be recorded so that prospective buyers and/or tenants are aware of the parking agreements. With this as a condition of approval, staff would recommend allowing tournaments. OTHER REQUIREMENTS I All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director. . , CEQA f Pursuant to the provisions of the Califomia Environmer:rtal Quality Act, the Development Services Department has determined that the proposed project is a minor alteration of an existing facility, and is therefore exempt from CEQA (Class 1 Categorical Exemption, Section No. 15301). A Preliminary Exemption Assessment is attached. CUP 08-10 August 26, 2008 Page 5 e . . FINDINGS I I Section 9275.1.2 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, That the granting of such Conditional Use Permit will hot be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. : i , 2. That the use applied for at the location indicated is property one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in. size and shape to accommodate said use, and all yards, spaces, ~lIs, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. ' 4. That the site abuts streets and highways adequate in'width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends aooroval of Conditional Use Permit Application No. CUP 08-10 to address the applicant's requested revisions, and in doing so, to consolidate all of the conditions of approval into one list. The recommended conditions of approval are as follows. (The revised conditions are nos. 2, 7, and 17 with the security guar'p requirement being eliminated.) 1. The approval of CUP 08-10 includes a parking modification of 72 spaces in lieu of 789. This modification is approved only for tM specific combination of uses approved by CUP 08-10, and not for the bfJilding and/or site in general. 2. The hours of operation of the badminton club shall no~ exceed 7:00 a.m. to 1 :00 a.m., Monday through Thursday, 7:00 a,m. to 2:0{,l a.m. on Fridays and Saturdays, and 7:00 a.m. to 10:00 p.m. on Sundays. , 3, The applicant shall provide appropriate signage to iderjtify the parking areas that are off-limits to club patrons and employees. Said signage shall be reviewed and approved by the City Engineer pri()r to issuance of a CUP 08-10 August 26, 2008 Page 6 - . . 4. I I i Certificate of Occupancy. The applicant shall monitor the premises to ensure that club patrons and employees do not park on adjacent properties. ! , Training classes shall not occur after 6:00 p.m., and s~all have a maximum of 12 students per class. No more than two (2) clasfes shall be held per hour. I . The mezzanine level shall be off-limits to the public and. shall not be expanded or altered beyond the approved floor plan. ,. A separate sign design review application shall be JUbmitted for all new signs on the premises. 5. 6. 7. After 11 :00 p.m., entry to the location shall be controlled electronically by access card or from the reception desk. I 8. The film/tinting on the ground floor windows on \he north and west elevations shall be removed. 9. Lighting shall be installed on all exterior elevationsl and throughout the industrial park as deemed appropriate by the Police Department and Development Services Department. I 10. CCTVNideo recording devices shall be installed on all ~ides of the building. I 11 , All existing exterior sprinkler post indicating valves s~all be supervised by the fire alarm system. I 12. The fire alarm system shall be extended into the badminton area with I hOnVstrobes. I 13. Emergency lighting shall be provided for the entire badl"inton area. 14. Access to the badminton club shall be limited to the froht entrance only at all times for all club patrons. I 15. Curbs and wheel stops on the subject site and adjOini~g parking areas shall be painted prior to the opening of operations of the badminton club to , indicate designated and restricted parking areas for club patrons and employees, all as approved by the Community DeveloRment Administrator. I 16. Written notices explaining where customers may and ,hay not park shall be posted throughout the club facility and distributl3d to all ~c1ub members. I 17. The club shall not host toumaments or other similar eJents that would draw a large number of players and spectators to the club lat one time unless a I CUP 08-10 August26,2008 Page 7 - . . parking agreement is recorded to secure at least ~5 additional parking spaces from a neighboring property. If permitted, tOl-lrnaments shall only occur on Saturdays and Sundays, and shall not o~r more than four (4) times per calendar year. 18. After a period of six (6) months following the badminton club's opening, the , Development Services Department shall provide a report to the Planning Commission concerning the day-to-day parking situatidn at the site, at which time the Planning Commission shall have the right to revoke the Conditional Use Permit if there is reasonable evidence of a parking shortage at the site. 19. All City requirements regarding disabled access and facilities, restrooms, occupancy limits, building safety, fire prevention, detection, suppression, emergency access, landscaping, parking and transportation provisions, water supply and water facilities, trash reduCtion and recycling requirements, and NPDES measures shall be cOmplied with to the satisfaction of the Building Official, Fire Marshall, Police Chief, Public Works Services Director and Development Services Director. Compliance with these requirements is to be determined by having fully' detailed construction and tenant improvement plans submitted for pial"! check review and approval. 20. 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 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 officers, employees, and agents in the defense of the matter. 21. Noncompliance with the plans, provisions and conditions of approval for CUP 08-10 shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in suspension of construction and/or the operation of the badminton club. 22. Approval of CUP 08-10 shall not take effect until the, property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval, and that all conditions of approval shall be CUP 08-10 August 26, 2008 Page 8 - satisfied prior to final inspection and issuance of a Ce'1ificate of Occupancy for the badminton club, and/or the implementation of any of the revised conditions of approval. PLANNING COMMISSION ACTION Aoorova! If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit Application No, CUP 08-10, state the supporting findings, and adopt the attached resolution, which incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial , I If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 08-10, state the finding(s) that the proposal does not satisfy, 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 ~as any questions or . comments regarding this matter prior to the August 26, 2008 public hearing, please contact Community Development Administrator, Jim Kasama at (626) 574-5423 or via email atikasama(Q>.cLarcadia.ca.us. Approved by: Jim Kasama Community Development Administrator Attachments: Revision Request Letter City Council Resolution No. 6593 Planning Commission Resolution No. 1768 : Aerial Photograph and Zoning Map I Photographs of the Site ' Plans Preliminary Exemption Assessment Resolution No. 1777 , CUP 08-10 August 26, 2008 Page 9