HomeMy WebLinkAbout1822RESOLUTION NO. 1822
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP
10 -09 TO OPERATE A 2,100 SQUARE -FOOT PERSONAL TRAINING GYM
WITH A MAXIMUM OF 4 (FOUR) PATRONS TRAINING AT ANY ONE TIME AT
24 N. FIRST AVENUE.
WHEREAS, on June 10, 2010, an application was filed by Mr. Kevin Lee Riddle for a
2,100 square -foot personal training gym with a maximum of 4 patrons training at any one time
within a one -story, commercial retail building; Development Services Department Case No.
CUP 10 -09, at 24 N. First Avenue;
WHEREAS, a public hearing was held by the Planning Commission on August 10,
2010, 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 submitted by the Development Services
Department in the staff report dated August 10, 2010 are 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 or vicinity
because the proposed personal training gym will not conflict with the other businesses and
uses in the area.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized by Section 9275.1.49.1 of the Arcadia Municipal Code.
3. That the site for the proposed use 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. The personal training
gym will not involve any changes to the existing landscaping, parking, or exterior of the
building. The on -site parking lot and adjacent public parking Tots are adequate in size and
shape to accommodate employee and student parking.
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. The subject property is accessible
from Huntington Drive and from a rear alleyway, both of which are adequate in width and
pavement type for the commercial traffic that is and will be generated by the businesses in the
area, including the personal training gym that is approved by Conditional Use Permit No. CUP
10 -09.
5. That the granting of Conditional Use Permit No. CUP 10 -09 will not adversely
affect the comprehensive General Plan because a personal training gym is consistent with the
General Plan Land Use Designation for the subject area.
6. That the conversion of a commercial space to a tutoring center qualifies as a Class
3 Categorical Exemption of the Califomia Environmental Quality Act (CEQA) as a conversion
of a small commercial structure per Section 15303(c) of the CEQA Guidelines. Furthermore,
the use applied for will not have a substantial adverse impact on the environment, and 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 wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 10 -09, for a 2,100 square -foot personal training gym with a maximum of 4
patrons training at any one time within an existing commercial building at 24 N. First Avenue,
subject to the following conditions:
1. There shall be a maximum of four (4) patrons training at any one time.
2. The hours of operation shall be limited to Monday Friday, 5:00 a.m. to 9:00
p.m. and Saturday Sunday, 6:00 a.m. to 9:00 p.m.
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3. Conditional Use Permit No. CUP 10 -09 includes a Parking Modification to allow
4 on -site parking spaces in lieu of 21 spaces required. This Parking Modification does not
constitute an approval of a general reduction or alteration of the parking requirements for
the subject property, but rather only for the personal training gym that is herein conditionally
approved. Uses other than this personal training gym shall be subject to a new Conditional
Use Permit and /or Parking Modification.
4. The use approved by CUP 10 -09 is limited to the proposed personal training
gym and it shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 10 -09, subject to the satisfaction of
the Development Services Director or designee.
5. Noncompliance with the plans, provisions and conditions of approval for CUP
10 -09 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the gym.
6. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, parking and site design, and water supply and
irrigation systems are required to be complied with to the satisfaction of the Building Official,
City Engineer, Community Development Administrator, Fire Marshal, and Public Works
Services Director.
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 Govemment Code Section 66499.37 or other provision of law
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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.
8. Approval of CUP 10 -09 shall not take effect until the property owner(s),
applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness and acceptance
of these conditions of approval.
ATTEST:
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 771 day of 2010.
tary, Planning Commission
APPROVED AS TO FORM: 4
Stephen P. Deitsch, City Attorney
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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. 1822 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 10th day of
August, 2010 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Beranek, Chiao and Parrille
NOES: None
ABSENT: Commissioner Baderian
of the Planning Commission