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HomeMy WebLinkAbout1768 . RESOLUTION NO. 1768 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, MODIFYING CITY COUNCIL RESOLUTION NO. 6593 TO REMOVE CONDITIONS 4, 4.A., 4.B., AND 6, WHICH REQUIRED RECORDED PARKING AGREEMENTS TO REMAIN IN FULL EFFECT DURING THE EFFECTIVENESS OF CONDITIONAL USE PERMIT NO. CUP 06-16 FOR A BADMINTON CLUB AND CORRESPONDING PARKING MODIFICATION AT 12336 LOWER AZUSA ROAD. WHEREAS, on December 7,2006, a Conditional Use Permit application was filed by William Chan and Scott Chan to allow the conversion of an existing warehouse facility into a. badminton club, along with a corresponding parking modification, at 12336 Lower Azusa Road (Development Services Department Case . No. CUP 06-16); and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 etseq. ("CEQA"), and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined that there is no substantial evidence that the approval of Conditional Use Permit No. 06- 16 would result in a significant adverse effect on the environment. Accordingly, a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, a public hearing was held on July 24, 2007, at which time all interested persons were given full opportunity to be heard and to present evidence; and . WHEREAS, on August 14, 2007, the Planning Commission voted 5 to 0 to adopt Planning Commission Resolution No. 1762 approving CUP 06-16; and -1- Resolution No. 1768 . . . WHEREAS, on August 21, 2007, Planning Commission Resolution No. 1762 was appealed to the City Council; and WHEREAS, a duly noticed public hearing was held before the City Council on September 18, 2007, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on September 18, 2007, the City Council adopted a Negative Declaration concurrently with the approval of CUP 06-16; and WHEREAS, on September 18, 2007, the City Council voted 4 to 0 to adopt City Council Resolution No. 6593 approving CUP 06-16; and WHEREAS, on October 25, 2007, a request to revise CUP 06-16 and City Council Resolution No. 6593 was received; and WHEREAS, a duly noticed public hearing was held before the Planning Commission on November 13, 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 report dated November 13, 2007 is true and correct SECTION 2. This Commission finds: A. That the granting of the revised Conditional Use Permit would not be detrimental to the public health and welfare, or injurious to the property and -2- Resolution No. 1768 . . . improvements in the zone or vicinity because the proposed use will be compatible with the surrounding uses and is an appropriate use for the subject site. B. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. C. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, loading, landscaping, parking, and other features are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code (with the exception of parking). D. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. E. That the granting of such revised Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and zoning are consistent with the General Plan. F. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the revised project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission approves the modification to City Council Resolution No. 6593 allowing the removal of COnditions 4, 4.a., 4.b., and 6, and the addition of the fOlloWing new conditions: 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. -3- Resolution No. 1768 . . . 2. 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 conceming the day-to-day parking situation at the site, at which time the Planning Commission shall have the right to revoke Conditional Use Permit No. CUP 06-16 if there is reasonable evidence of a parking shortage at the site. SECTION 4. The Secretary of the Planning Commission shall certify to the adoption of this Resolution. Passed, approved and adopted this 13th day of November, 2007. jddyw~~ Chairperson. Planning Commission ATTEST: ~ ecretary, Planning Commi n APPROVED AS TO FORM: ~r.~ Stephen P. Deitsch City Attorney -4- Resolution No. 1768 . . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) ss: ) I, JASON KRUCKEBERG, Secretary of the Planning Commission of the City of Arcadia, hereby certifY that the foregoing Resolution No. 1768 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 13th day of November, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Planning Commissioners Baerg, Beranek, Hsu and Parrille NOES: Planning Commissioner Baderian ABSENT: None