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Home My WebLink About1758 e . . RESOLUTION NO. 1758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 06-17 FOR A 1,438 SQUARE-FOOT MARTIAL ARTS STUDIO IN AN EXISTING 10,000 SQUARE-FOOT COMMERCIAL BUILDING AT 36 WEST LIVE OAK AVENUE. WHEREAS, Conditional Use Pennit application no. CUP 06-17 was filed by 99 Enterprise, LLC on December 21, 2006 for a martial arts studio at 36 West Live Oak Avenue; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQAj, and the State's CEQA Guidelines, the City of Arcadia prepared a Preliminary Exemption Assessment and detennined that the proposed project qualifies as a Class 3 Categorical Exemption under Section 15303(c) of the CEQA .Guidelines as a conversion of an existing small structure from one use to another where only minor modifications are made to the exterior of the structure; and WHEREAS, a public hearing was held by the Planning Commission on April 10, 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 reports are true and correct. SECTION 2. This Commission finds: -1- 1758 e . . 1. That the approval of Conditional Use Pennit No. CUP 06-17 for a 1.438 square-foot martial arts studio in an existing 10,000 square-foot commercial building will not be detrimental to the pUblic health or welfare, or injurious to the property or improvements in the zone or vicinity. 2. That a 1,438 square-foot martial arts studio at the IQCation indicated is properly one for which a Conditional Use Pennit is authorized based on the specific conditions of approval stated herein relating to the proposed use and design. 3. That the site for the proposed martial arts studio is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences. parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site for the proposed martial arts studio abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the subject property is designated for commercial uses in the General Plan, that the proposed martial arts studio is consistent with that designation, and that the granting of the Conditional Use Pennit will not adversely affect the comprehensive general plan. 6. That the detennination that the proposed project qualifies as a Class 3 Categorical Exemption is appropriate and that based upon the record as a whole, there is no evidence that the proposed project will have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Penn it No. CUP 06-17 for a 1.438 square-foot martial arts studio in an -2- 1758 . . . existing 10,000 square-foot commercial building at 36 West Live Oak Avenue, subject to the following conditions: 1. The martial arts studio is limited to the 1,438 square-foot area indicated on the plans and shall be operated in a manner that conforms with the applicant's application {i.e., no more than three (3) one (1) hour classes a day (and no more than one class after 6:00 p.m. on any day) Monday through Sunday, with each class having no more than eight (8) students, and the classes will be for children at least five (5) years old and/or for adults}. 2. The subject property shall be inspected by the Building Official and Fire Marshall prior to operation of the martial arts studio, and shall be in compliance with all requirements and policies determined to be necessary by the Building Official, City Engineer, Community Development AdministratOr, Fire Marshall, Public Works Services Director, and any service districts and utility providers that will serve the subject property prior to operation of the martial arts studio. 3. A Parking Modification for 15 spaces in lieu of 37 spaces required on the subject lot is granted in order to permit the martial arts studio, but only subject to the following conditions: In consideration for this Parking Modification, the 10,579 square feet of building area currently being utilized by the wholesaling business must remain a wholesaling use (with ancillary offices that serve the wholesaling enterprise), and the existing separate two (2) office uses are not to be expanded. 4. The driveway and the rear parking area are to be improved in accordance with City standards, and pursuant to plans approved by the Development Services Director, including landscaping, prior to operation of the martial arts studio. -3- 1758 . . . 5. The martial arts studio cannot be in operation unless the egress easements at the south end of 28 West Live Oak Avenue and along the west side of 22 West Live Oak Avenue are available for use. The applicant shall submit to the Development SelVices Director, and receive hislJier approval of fully executed easements, and all such easements together with all subordinations thereto shall be recorded against the subject property in the Office of the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. 6. There shall be no more than three (3) classes held per day with at least a 3Q-minuteintelVal of no class activity between each class;, and no more than one (1) class may be held after 6:00 p.m. on any day, and any such class must end on or before 9:00 p.m. No class activity shall occur between 9:00 p.m. and 6:00 a.m. 7. 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 conceming the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reselVes 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. -4- 1758 . . . 8. Noncompliance with the plans, provisions, requirements of various City departments, and the conditions of approval for CUP 06-17 shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in suspension of the activities that are the subject of this Conditional Use Pennit. 9. Approval of CUP 06-17 shall not take effect until the property owner and applicant have executed and returned the Acceptance Fonn from the Development Services Department to document acknowledgement and acceptance of the conditions of approval, and all conditions of approval shall be satisfied prior to the issuance of a business license and operatiQn of themamal arts studio. 10. The applicant shall, at applicant's cost and expense, provide and cause the installation of signage generally at the intersection of Live Oak Avenue and the easement along the west side of the property addressed as 22 W. Live Oak Avenue. The signage shall alert drivers that only right turns can be made. This signage and its exact location shall be subject to approval by the City's Traffic Engineer and shall be provided by the applicant prior to the issuance of a business license for the martial arts studio. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of April 10, 2007, by the following vote: AYES: Commissioners Baderian, Beranek, Hsu, Parrille and Olson 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. -5- 1758 . . . I HEREBY CERTIFY that this foregoing Resolution No. 1758 was adopted at a regular meeting of the Planning Commission held on April 24, 2007, by the following vote: AYES: Baderian, Beranek, Hsu, parrille and Olson NOES: ABSENT: NONE NONE L--f 7<. ~o_ Chairman, Planning Commission ATTEST: Secreta anning Commisso APPROVED AS TO FORM: . ~r.~ Stephen P. Deitsch, City Attorney -6- 1758