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HomeMy WebLinkAboutItem 2RESOLUTION NO. 1840 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -05 FOR A 1,700 SQUARE -FOOT MARTIAL ARTS STUDIO WITH A MAXIMUM OF ONE INSTRUCTOR AND 25 STUDENTS AT ANY ONE TIME AT 8 E. DUARTE ROAD. WHEREAS, on March 23, 2011, an application was filed by Mr. Tommy Chavies for 1,700 square -foot martial arts studio at 8 E. Duarte Road, Development Services Department Case No. CUP 11 -05; and WHEREAS, a public hearing was held by the Planning Commission on July 26, 2011, 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 July 26, 2011 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. The proposed martial arts studio will be a negligible expansion of the previous commercial use and will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A martial arts studio is allowed in the C -2 zones with an approved Conditional Use Permit per Section 9275.1.50.3 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 proposed martial arts studio complies with all applicable the City requirements. 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 proposed martial arts studio will not significantly increase traffic from the previous commercial use and the surrounding streets are all adequate for the projected type of traffic. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed martial arts studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -05 for a 1,700 square foot martial arts studio at 8 E. Duarte Road, subject to the following conditions: 1. The martial arts studio shall be limited to a maximum of one (1) instructor and 25 students at any one time. 2. Classes are limited to the following schedule: Mon., Wed., & Thurs.: 10:00 a.m. to 12:00 p.m. & 3:00 p.m. to 8:30 p.m. Tuesdays: 3:00 p.m. to 8:30 p.m. Fridays: 10:00 a.m. to 12:00 p.m. & 5:00 p.m. to 7:00 p.m. -2- 1840 Saturdays: 10:00 a.m. to 2:00 p.m. 3. Student pick -up and drop -off shall occur in the on -site parking lot only. Parents shall be required to park their vehicles when picking -up and dropping -off students, and no queuing of vehicles shall occur in the parking lot. The martial arts studio shall post and distribute notices to all students, parents, and staff to provide instructions for where to park, and where to drop -off and pick -up students in accordance with requirements established by the City. A draft of the notice shall be submitted to the City for review and approval by the Development Services Director or designee. 4. The use approved by CUP 11 -05 is limited to the proposed martial arts studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 11 -05. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -05 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the martial arts studio. 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 -3- 1840 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 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 11 -05 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an 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 of this Resolution. Passed, approved and adopted this 9th day of August, 2011. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: P -e„,,,e Stephen P. Deitsch, City Attorney