Ice Rink Conditional Use Permit

Ice Rink Conditional Use Permit (CUP)

A Conditional Use Permit (CUP) is required because it will be commercial recreation on land zoned as Open Space.

The request for a CUP was heard by Hearing Officer Paul Novak on July 5, 2006.

This is the notice of the hearing which was posted on utility poles on Avocado Ave and sent to homeowners within 500 feet of the project site. Hearing Notice

Zoning staff prepares a report for the hearing officer which summarizes the project plan, explains how the project meets the necessary "findings" that the proposed usage is consistent with the zoning requirements, and recommends conditions (requirements) for the permit. If the developer or user later violates the specified conditions, the usage permit could be revoked.

Staff report to the Hearing Officer (pdf, 560 kb)

The public is able to speak at the hearing. Several area residents requested additional conditions on the permit, most of which were granted. A request was also made to make the closing time 10 pm instead of midnight. That request was denied.

CUP #4646 was granted under the conditions listed in the Staff Report plus some additional conditions.

Conditions approved from the staff report (Attachment B) are:

The applicant or successor in interest shall meet the following conditions:

The site plan, floor plan, elevations, and building sections submitted for building permits shall substantially conform to plans submitted and stamped "Received at Hearing, July 5, 2006", except as modified herein.
The proposed project, Activity Number PLN2005-00617, is subject to the City's Condition/Mitigation Monitoring Program. Condition Monitoring is required for your project. Under the Monitoring Program, your project will be inspected by Code Compliance staff to determine compliance with the conditions of approval. The Condition/Mitigation Monitoring inspection will occur during the term of the project. Required monitoring fees for inspections shall be paid on or after the effective date of this permit, but prior to the issuance of any building permits. Contact the Code Compliance Staff at (626) 744-4633 to verify the fee- All fees are to be paid to the cashier at the Permit Center located at 175 N. Garfield Avenue. The cashier will ask for the activity number provided above. Failure to pay the required monitoring fees prior to initiating your approved land use entitlement may result in revocation proceedings of this entitlement.
The applicant, or successor in interest, shall comply with the Mitigation Monitoring Reporting Program as outlined in Attachment E to this report.
The hours of operation of the facility shall be limited to 6 a.m. to 12 a.m., seven days a week. Any additional hours of operation shall require the modification of this Conditional Use Permit.
The applicant shall submit Master Sign Plan application for all signage on the site.
Design Review is required for this project prior to the issuance of any building permits.
Because this is a City project on Open Space zoned property, the project shall comply with the public art design standards of Section 17.40.100 of the Zoning Code.
Use of the Southern California Edison property to the immediate east for access to the ice rink facility's parking lot shall require the submittal of a lease agreement or similar document to the Zoning Administrator prior to the issuance of any building or grading permits.
Use of the Southern California Edison property to the immediate east for ice rink facility patron parking shall require the modification of the Conditional Use Permit.
Prior to the issuance of any building permits, the City and project operator shall seek additional parking options and submit parking management and traffic control plans for major events such as a sold out performance and a hockey tournament, events that are anticipated to occur once or twice a year on weekends.
The Zoning Administrator, at any time, can call for a review of the approved conditions at a duly noticed public hearing. These conditions may be modified or new conditions added.
The applicant, or successor in interest, shall meet the applicable code requirements of the Zoning Code and of all other City Departments at all times.

Additional conditions added during the hearing based on resident and applicant (city) input are:

Use of the PCC property for access to the site shall require the submittal of a lease agreement or similar document to the Zoning Administrator prior to the issuance of any building or grading permits.
Construction access shall be prohibited through the residential community east of Avocado as a component of the Construction Staging and Management Plan to the satisfaction of the Zoning Administrator.
The traffic signal at the project driveway shall be operational prior to issuance of a Certificate of Occupancy.
A pedestrian path from the residential community on the east to the park shall be maintained for the duration of the project.
All night lighting shall be shielded and directed on-site.

Additional Bits of Information gathered at the CUP hearing:

City staff is intending to design and construct the signal and street improvements at the driveway entrance on Foothill as part of the Capital Improvement project that will cut Kinneloa through to Titley and Walnut through from Sunnyslope to Kinneloa. There is intent to use one signal controller for the driveway and Titley because they are so close together (though still 150 feet apart). City staff did not want to commit to having the signal in place by the time the ice rink opens because the capital improvement project has not yet been designed and the funding is not complete. The hearing officer told them he thought there was enough time to get that done and put in a condition requiring it be done before the ice rink opens.
A person attending from the current ice rink operators said that adults, and adult accompanied children, are welcome to come into the facility and watch the skating anytime for free, except on the rare occasions of special events.
An additional modification to the parking plans was under consideration in July 2006. That would put a row of parking to the west of the access road, facing the east side of the building. Because the building entrance is in the middle of the east side of the building, these spaces would be the most frequently used and the parking lot would only be needed during busier times. From a practical usage standpoint, this makes a lot of sense. In order to make such a change, more space would need to be leased from Edison and the Conditional Use Permit would need to be modified.
The developer (city) representative stated during a discussion of potential screening of residential areas from the parking lot and access road that they "plan to provide shrubbery screen on Avocado". It was also stated that it would not be practical to put a wall on the west side of the parking lot due to the slope of the land and that putting in the foundation for a wall would damage the existing trees. Landscape screening is doable.