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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. -2- 1841 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. -3- 1841 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 }4 Secretary Secretary of the Planning Commission