HomeMy WebLinkAbout1841RESOLUTION NO. 1841
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 11 -13 FOR A 4,906 SQUARE -FOOT CHILD CARE AND
EDUCATION CENTER FOR A MAXIMUM OF 97 CHILDREN AT 23 W.
FOOTHILL BLVD.
WHEREAS, on July 5, 2011, an application was filed by Mr. Craig Hammer for
4,906 square -foot child care and education center at 23 W. Foothill Blvd., Development
Services Department Case No. CUP 11 -13; and
WHEREAS, a public hearing was held by the Planning Commission on August 9,
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 August 9, 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 use is consistent with the existing zoning and General Plan Land
Use Designation of the subject property and will not conflict with the surrounding uses.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Arcadia Municipal Code Section No. 9275.1.35
authorizes a nursery school /child care center with an approved Conditional Use Permit
for this zone.
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. Based on the existing layout and parking, this proposal will not
overburden the subject site.
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 site is
bordered by two major arterials designed to accommodate high volumes of traffic.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A child care and education center is an educational use
that is a permitted use under the Land Use Designation of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 11 -13 for a 4,906 square foot child care and education
center at 23 W. Foothill Blvd., subject to the following conditions:
1. There shall not be more than 97 students and ten (10) faculty and staff
members on site at any time. Classes are not to be held on Saturdays and Sundays.
2. Classes shall be limited to 6:30 a.m. to 6:30 p.m., Monday through Friday.
3. Six (6) of the parking spaces shall be designated as loading spaces for the
infant/toddler and preschool programs. The location(s) and identification of these
loading spaces shall be subject to review and approval of the City Engineer.
4. To prevent traffic from backing up onto Foothill Boulevard, loading and
unloading for any purpose except emergency services shall not be performed in the
westerly driveway.
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5. The use approved by CUP 11 -13 is limited to the proposed child care and
education center and it shall be operated and maintained in a manner that is consistent
with the proposal and plans submitted and approved for CUP 11 -13, subject to the
satisfaction of the Development Services Director or designee.
6. Noncompliance with the plans, provisions and conditions of approval for
CUP 11 -13 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the child care and education center.
7. 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.
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 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.
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9. Approval of CUP 11 -13 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 acknowledge awareness
and acceptance of these conditions of approval.
10. The following items must be addressed to the satisfaction of the City
Engineer:
a. The two parking spaces in the northwest corner of the site shall be
eliminated.
b. The westerly driveway on Foothill Blvd. shall be closed when through
access to the Santa Anita Avenue Driveway of the subject site is impeded.
c. Provide a vehicle turn - around at the westerly portion of the parking lot to
the east of the playground area.
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„A--c
Stephen P. Deitsch, City Attorney
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. 1841 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 9th day of
August, 2011 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Beranek, Chiao and Parrille
NOES: None
ABSTENTION: Commissioner Baderian
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Secretary Secretary of the Planning Commission