HomeMy WebLinkAbout1762
e
.
,
RESOLUTION NO. 1762
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT APPLICATION NO. CUP 06-16 TO AllOW THE
CONVERSION OF AN EXISTING WAREHOUSE FACILITY INTO A
BADMINTON CLUB, AND THE 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 Califomia Environmental
Quality Act, Public Resources Code Section 21000 et.seq. ("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.
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 July 24, 2007 is true and correct.
-1-
Resolution No. 1762
.
.
,
SECTION 2. This Commission finds:
A. That the granting of the Conditional Use Permit would not be detrimental
to the public health and welfare, or injurious to the property and 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.
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 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 proposed 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
Conditional Use Permit Application No. CUP 06-16 to allow the conversion of an
-2-
Resolution No. 1762
.
.
~
existing warehouse facility into a badminton club, and the corresponding parking
modification, at 12336 Lower Azusa Road, upon the following conditions:
1. The approval of CUP 06-16 includes a parking modification of 72
spaces in lieu of 789 spaces. This modification is approved only for the specific
combination of uses approved by CUP 06-16 and not for the building and/or site in
general.
2. The hours of the badminton club shall not exceed 7:00 a.m. to
midnight, seven days a week.
3. The applicant shall provide appropriate signage to identify the parking
areas that are oft-limits to club patrons and employees. Said signage shall be
reviewed and approved by the City Engineer prior to issuance of a Certificate of
Occupancy. The applicant shall monitor the premises to ensure that club patrons
and employees do oot park on adjacent properties.
4. A parking agreement. in a form approved by the City Attorney, shall be
recorded prior to issuance of a Certificate of Occupancy. The parking agreement
shall indicate the following:
a. The proposed badminton club shall have access to and use of all 59
parking spaces at 12338 Lower Azusa Road (d.b.a. AM Player) all day on Saturday
and Sunday, and from 6:30 p.m. to midnight Monday through Friday; and
b. In the event of a weekend tournament. the proposed badminton
club shall have access to and use of all 75 parking spaces reserved for the Los
Angeles County Department of Weights and Measures, or another neighboring
business with the same or greater number of parking spaces.
-3-
Resolution No. 1762
-
.
~
5. Training classes shall not occur after 6:00 p.m., and shall have a
maximum of 12 students per class. No more than two (2) classes shall be held per
hour.
6. The number of club and league toumaments shall not exceed four (4)
per calendar year. The toumaments shall only occur on Saturdays and Sundays.
Prior to any tournament, the applicant shall acquire use of at least 75 additional
parking spaces belonging to the Los Angeles County Department of Weights and
Measures or another neighboring business for use during the tournament, as set
forth in Condition 4.b. above.
Z. The mezzanine level shall be off-limits to the public and shall not be
expanded upon or altered beyond the approved floor plan.
8. A separate sign design review application shall be submitted for all new
.signs on the premises.
9. After daylight hours, entry to the location shall be controlled
electronically by access card or from the reception desk.
10. The film/tinting on the ground floor windows on the north and west
elevations shall be removed;
11. Lighting shall be installed on all exterior elevations.
12. CCTVNideo recording devices shall be installed on all sides of the
building.
13. All existing exterior sprinkler post indicating valves shall be supervised
by the fire alarm system.
-4-
Resolution No. 1762
-
.
.
14. The fire alarm system shall be extended into the badminton area with
horn/strobes.
15. Emergency lighting shall be provided for the entire badminton area.
16. 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 plan check review
and approval.
17. 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
-5-
Resolution No. 1762
e
.
.
attorney to represent the City, its officers, employees, and agents in the defense of
the matter.
18. Noncompliance with the plans, provisions and conditions of approval
for CUP 06-16 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.
19. Approval of CUP 06-16 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 satisfied prior to
final inspection and issuance of a Certificate of Occupancy for the badminton club.
SECTION 4. The decision and findings contained in this Resolution
reflect the Planning Commission's action of July 24, 2007 to approve Conditional
Use Permit No. CUP 06-16 by the following vote:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, Parrille
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.
I HEREBY CERTIFY that this Resolution No. 1762 was adopted at a regular
meeting of the Planning Commission held on August 14. 2007, by the following vote:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, Parrille
NOES: None
-6-
Resolution No. 1762
-
.
.
ATTEST:
~5 ~/c::: /
Secretary, Planning commi:;:;=
City of Arcadia
APPROVED AS TO FORM:
.
~~(?~
Stephen P. Deitsch, City Attorney
City of Arcadia
~ C. \3r.b.A .1'_rJ
Chairman, Planning Commission
City of Arcadia
-7-
Resolution No. 1762
.
.
STAFF REPORT
Development Services Department
July 24, 2007
TO: Arcadia Planning Commission
FROM: Jason Kruckeberg, Community Development Administrator :;1.."-
B~m Kasama, Associate Planner
SUBJECT: Resolution No. 1761 granting Conditional Use Permit Application No. CUP
07-04 and approving Architectural Design Review No; ADR 07-05 to
expand and remodel the restaurant at 21 E. Huntington Drive
Attached is Resolution No. 1761 that grants Conditional Use Permit No. CUP 07-04 and
approves Architectural Design Review No. ADR 07-05 to expand and remodel the
restaurant at 21 E. Huntington Drive. Please note that Conditions of approval nos. 1
and 6 in Section 3 of the Resolution have been amended from those presented in the
July 10, 2007 staff report.
The amendment to Condition No. 1 adds the following language to specifically describe
the expansion approved by the Planning Commission, which includes the 875 square-
foot second floor deck along with the landscaping recommended in the staff report:
Full utilization of the existing 5,200 square-foot building for restaurant
purposes with the existing bar on the ground floor, expansion of the ground
level outdoor dining area to approximately 755 square feet with a five (5) foot
setback area to accommodate the easterly neighbor's parking access, and
addition of an 875 square-foot second floor deck with planters or potted
plants (e.g., 24-inch width or diameter) to be placed around the perimeter of
the deck and along the rear of the building/stairway.
The amendment to Co~dition No. 6 is a change in the Parking Modification from "zero
(0) on-site spaces in lieu of 92 spaces," to "zero (0) on-site spaces in lieu of 102
spaces." This change in the Parking Modification accounts for the changes to the
required parking amount due to the reduced size of the ground floor patio and the
inclusion of the 875 square-foot second floor deck.
. Attachment