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HomeMy WebLinkAbout1760RESOLYJTION N0.1760 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2007-07 AND ARCHITECTURAL DESIGN REVIEW 2006-23 TO CONVERT THE EXISTING 43,544 SQUARE FOOT ROSS DRESS FOR LESS STORE TO A NEW L.A. FITNESS HEALTH CLUB WITH A PARKING MODIFICATION AT THE ARCADIA HUB SHOPPING CENTER AT 1325 S. BALDWIN AVENUE. WHEREAS, the City of Arcadia -on August 3, 2006, received an Architectural Design Review application followed by a Conditional Use Permit application on May 16, 2007 by Michael Pashaie on behalf of L.A. Fitness to convert the existing 43,544 square foot Ross Dress For Less store to a new L.A. Fitness health club with a parking modification at 1325 S. Baldwin Avenue; and WHEREAS, pursuant to the provisions of the-California 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, there is no substantial evidence that the approval of Conditional Use Permit No. 07.07 and Architectural Design Review No. 06-23 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 1 ] 1 WHEREAS, a public hearing was held by the Planning Commission on July 24, i 2007, at which time all interested persons were given full opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone • dr vicinity because the proposed use- will be compatible with the surrounding uses, and it will be an appropriate use for the subject site, and the proposed project will provide adequate parking for the new health club and existing restaurant. 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, 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 40 Arcadia Municipal Code. 2 4. That the site abuts three streets that are adequate. in width and pavement type to 0 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 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 i Conditional Use Permit No. CUP 07-07 and Architectural Design Review No. 06- 23 to permit a L.A. Fitness health club with a parking modification at 1325 S. Baldwin Avenue, upon the following conditions: 1. The 37 parking spaces that face the store frontage shall be restricted to 45- minute parking, written.on grade to indicate this restriction. 2. The employee parking shall be restricted to, and employees shall be directed to, park at all the parking spaces along the frontages of Duarte Road and Naomi Avenue, as shown on Figure 5 of the Parking Study, dated July 2006. 3. All exterior light fixtures shall be hooded and arranged to reflect away from the adjoining properties and streets. 3 4. Landscaping material shall be planted on the five metal wall trellises. 0 5. The health club shall be permitted to be open 24-hours every day. 6. There shall be one (1) uniformed security guard on-duty '24-hours every day to enforce the 45-minute parking requirements, the employee parking area, and to ensure the L.A. Fitness customers do not park across the street at the CVS parking lot, located at 1401 S. Baldwin Avenue. 7. A parking study shall be required for any new and existing uses within this shopping center that is subject to a parking modification. 8. The applicant shall install and maintain in good working order at all times a surveillance camera outside the facility., within the swimming pool area, and at the main reception area fbr security purposes. 9. Approval of CUP 2007-07 and ADR No. 2006-23 shall not take effect until the property owner(s) and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 10. 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 4 to any approval or condition of approval of the City Council, Planning 0 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. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of August 14, 2007, by the following vote: AYES: Commissioners Bade=fan, Baerq, Beranek, Hsu, Parrille NOES: None ABSENT: 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 the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 14'' day of August 2007, by the following votes: E 5 AYES: NOES: • ABSENT: ATTEST: Secretary, Panning Co ion City of Arcadia APPROVED AS TO FORM: P. lot~ Stephen P. Deitsch, City Attorney • Chairman, Planning Commission City of Arcadia 61 • • 0 August 14, 2007 TO: Arcadia Planning Commission STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Community Development Administrator By: Llsa L. Flores, Senior Planner SUBJECT: Resolution No. 1760 regarding Conditional Use Permit 2007-07 and Architectural Design Review 2006-23 for a proposed L.A Fitness health club and related parking modification at 1,325 S. Baldwin Avenue. BACKGROUND On July 24, 2007, the Planning Commission held a public hearing to consider the subject applications regarding the applicant's proposal to convert the existing 43,544 square foot Ross Dress For Less store to a new L.A. Fitness. health club, and related parking modification at the Arcadia Hub Shopping Center at 1325 S. Baldwin Avenue. At the July 27, 2007 Planning Commission meeting, the applicant and property owner, Mr. Michael Pashaie proposed to provide additional security by utilizing two (2) of shopping center staff to police and serve as security guards from 7:00 a.m.. to 5:00 p.m. For night-time security, the applicant proposed providing one (1) uniformed security guard from 5:00 p.m. to midnight, everyday. Both the staff and the night-time security would be responsible for enforcing the 45-minute parking requirements, the employee parking, and to ensure that the L.A. Fitness customers do not park across the street. at the CVS parking lot. The Planning Commission agreed to this proposal, and approved Conditional Use Permit 2007- 07 and Architectural Design Review 2006-23, subject that the Resolution be revised to include the applicant's security proposal as a condition of approval. Shortly after the Planning Commission meeting ended, the property owner approached staff stating that he recognizes that it would too difficult to have the shopping center staff police the parking spaces and enforce it since they will not be in a security uniform. As a result, staff recommended that the applicant not • use the shopping center staff for security, but instead hire one (1) uniformed security guard solely for the purpose of policing the parking situation 24-hours a day. The property owner agreed to staffs recommendation and accepted the revised condition of approval (refer to condition of approval no. 6), and the revised Resolution which has been reviewed by the, City Attomey. PLANNING COMMISSION ACTION Approval The Planning Commission should move to adopt Resolution No. 1760 to permit a new L.A. Fitness health club and related parking modification. If any member of the Planning Commission, or other interested party has any questions regarding this matter prior to the August 14, 2007 public hearing, please contact, Senior Planner Lisa Flores at (626) 574-5445. Approved By: s Jason Kruckeberg Community Development Administrator Attachment: Resolution No. 1760 • CUP No. 07-07 and ADR No. 06-23 Page 2