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HomeMy WebLinkAbout1793 RESOLUTION NO. 1793 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09-04 FOR A 1,542 SQUARE-FOOT WOMEN'S FITNESS CENTER AT 1436 S. BALDWIN AVENUE. WHEREAS, on March 19, 2009, a Conditional Use Permit application was filed by La Belle Health & Fitness, Inc. (dba Curves) for a 1,542 square-foot women's fitness center; Development Services Department Case No. CUP 09-04, at property commonly known as 1436 S. Baldwin Avenue; and WHEREAS, a public hearing was held by the Planning Commission on April 28, 2009, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated April 28, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09-04 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption per Section No. 15301 of the CEQA Guidelines. 2. That the use applied for at the location indicated is a proper 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. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the other businesses in the same center, 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. 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 Conditional Use Permit No. CUP 09-04 will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. 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 grants Conditional Use Permit No. CUP 09-04 for a 1,542 square-foot women's fitness center, subject to the following conditions: 1. The fitness center's hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 8:00 p.m. and Saturdays, 8:00 a.m. to 12 noon. The fitness center shall be closed on Sundays and major holidays. 2. Any future parking agreement between the owner of the subject property and the church located at 1424 S. Baldwin Avenue shall stipulate specific hours during which the 2 Resolution No. 1793 church may utilize the parking lot. Such hours shall not coincide with any of the business hours of the fitness center as noted in condition no. 1. 3. Approval of CUP 09-04 includes a parking modification to retain the existing nonconforming parking lot layout so that a minimum of 17 parking spaces can be available on the subject property. 4. The sign labeling the front 3 parking stalls "reserved at ail times" shall be removed, and all parking stalls shall remain unmarked and available for use by any patron or employee of the subject property. 5. The fitness center shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 09-04 (a 1,542 square-foot women's fitness center), subject to the satisfaction of the Community Development Administrator. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 09-04 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the fitness center. 7. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, City Engineer, and Public Works Services Director. 8. 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 3 Resolution No. 1793 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. 9. Approval of CUP 09-04 shall not take effect until the property owner(s), business owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption ofthis Resolution. Passed, approved and adopted this 1ih day of May, 2009. 0J t3~ Chairman, Planning Commission ATTEST: APPROVED AS TO FORM: .. ~~ 0.~ Stephen P. Deitsch, City Attorney 4 Resolution No. 1793 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1793 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 12th day of May 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek NOES: None /-7 ; /....-=1 .. '-'" ,'- '" :p~/ . L--- ---... r of the Planning Commission