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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
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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
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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
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correct.
SECTION 2. This Commission finds:
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A. That the granting of the revised Conditional Use Permit would be
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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
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Resolution No. 1777
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hours, and controlled access to the building are necessary Ito ensure the public's
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safety. I
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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
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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).
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Resolution No. 1777
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SECTION 4. The Secretary of the Planning Commission shall certify to
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the adoption of this Resolution.
Passed, approved and adopted this 23rd day of September, 2008.
ATTEST:
APPROVED AS TO FORM:
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City Attorney
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Resolution No. 1777
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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T, JAMES M. KASAMA, Secretary of the Planning CJmmission of the City of
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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
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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
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S of the Planning Commission
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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
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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
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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:
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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
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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
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CUP 08-10
August 26, 2008
Page 2
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. 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. :
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. 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.
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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;
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CUP 08-10
August 26, 2008
Page 3
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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
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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
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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.
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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."
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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
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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.
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CEQA
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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
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FINDINGS I
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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. :
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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
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4.
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Certificate of Occupancy. The applicant shall monitor the premises to
ensure that club patrons and employees do not park on adjacent properties.
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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.
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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.
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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
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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
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indicate designated and restricted parking areas for club patrons and
employees, all as approved by the Community DeveloRment Administrator.
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16. Written notices explaining where customers may and ,hay not park shall be
posted throughout the club facility and distributl3d to all ~c1ub members.
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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
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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
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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
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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
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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
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CUP 08-10
August 26, 2008
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