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HomeMy WebLinkAboutItem 2Development Services Department November 22, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Lisa Flores, Senior Planner SUBJECT: Conditional Use Permit No. CUP 11 -23 to permit a graphic design and art school with a maximum of 30 students (ages 14 years and older) at 1313 S. Baldwin Avenue. SUMMARY This application was filed by Mr. Tony Yao for a graphic design and art school with a maximum of 30 students (ages 14 years and older) at 1313 S. Baldwin Avenue. The proposed business hours will be from 10:00 a.m. to 10:00 p.m., Monday through Friday, and from 9:00 a.m. to 7:00 p.m. on Saturdays and Sundays. The Development Services Department is recommending approval of this application, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Tony Yao LOCATION: 1313 S. Baldwin Avenue REQUEST: A Conditional Use Permit for a graphic design and art school with a maximum of 30 students (ages 14 years and older) with a parking modification. The business hours will be from 10:00 a.m. to 10:00 p.m., Monday through Friday, and from 9:00 a.m. to 7:00 p.m. on Saturdays and Sundays. SITE AREA: FRONTAGE: The subject space is a 4,800 square -foot unit in the 772,134 square - foot shopping center commonly referred to as the Arcadia Hub. The subject unit has a frontage of 80 feet on Baldwin Avenue. EXISTING LAND USE & ZONING: The subject unit is located within the Arcadia Hub shopping center, which includes a 1,143 -space parking lot, a Burlington Coat Factory/Baby Depot, L.A. Fitness health club, Joann Fabrics, Vons Pavilions supermarket, and three multi- tenant strip commercial buildings. The property is zoned C -2, General Commercial, and the portion located along Baldwin Avenue has an H4 Height Overlay. SURROUNDING LAND USES & ZONING: North: General Office and Commercial zoned C -2 and C -2 & H4 South: CVS shopping center zoned C -2, and Multiple - Family Residences zoned R -3 East: Commercial Uses zoned C -2 West: President Square shopping center zoned C -1, Limited Commercial GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) - The Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. BACKGROUND INFORMATION The subject unit is located in the Arcadia Hub Shopping Center, near the southeast corner, adjacent to the L.A. Fitness health club. An aerial photo of the site and photos of the subject space are attached. The majority of the buildings on the site were constructed in 1957, and the shopping center consists of several parcels that are joined together by a recorded reciprocal parking and driveway easement. In 2004, the Planning Commission adopted Resolution No. 1711 (attached) to approve Conditional Use Permit No. CUP 04 -11 for a children's learning center with a parking modification within the subject 4,800 square -foot unit (dba: Kids' Island). This business had a 2,800 square -foot indoor playground and 2,000 square feet of classrooms, offices, entry lobby, restrooms, and maintenance spaces. Kids' Island began operation in 2005 and offered classes in music, art, ballet and tap dancing, and provided an indoor playground for children of ages 6 months to 6 years old. In 2009, Resolution No. 1809 (attached) was adopted to approve Conditional Use Permit No. CUP 09 -14 to add private parties for children and to extend the business CUP 11 -23 1313 S. Baldwin Avenue November 22, 2011 — page 2 hours of the operation. This was done to counter the lack of students due to the recession; however, Kids' Island closed in March of this year. PUBLIC HEARING NOTIFICATION Public hearing notices of CUP 11 -23 were mailed on November 10, 2011 to the owners and occupants of those properties that are located within 300 feet of the subject property — see the attached radius map. Pursuant to the provisions of the California Environmental Quality Act (CEQA), an existing facility is Categorically Exempt under section 15301 of the CEQA Guidelines, and therefore the public hearing notice was not published in a local newspaper. PROPOSAL AND ANALYSIS The applicant is proposing a graphic design and art school for high school students and adults (14 years and older). The goal is to help the students pursue a career in graphic arts and design, and assist the students in creating a portfolio for admissions to college art programs. The 4,800 square -foot unit will consist of four classrooms for 7 or 8 students each, a lobby area, offices, a conference room and break room, and two restrooms. A site plan and floor plan are attached. There will be a maximum of 30 students and 7 faculty and staff members at any one time. The entire space will be in compliance with disabled accessibility requirements and based on the proposed occupancy; two entrances /exits (one facing Baldwin Avenue and one to the parking lot) will be required to remain open during business hours, which are proposed as follows: Monday through Friday — 10:00 a.m. to 10:00 p.m., and Saturday and Sunday — 9:00 a.m. to 7:00 p.m. Classes, however, will only be held from 3:00 p.m., to 9:45 p.m. on weekdays, and on weekends from 9:00 a.m. to 4:00 p.m. At the other times the facility will only be open for administrative purposes. The school will offer courses in drawing techniques, graphic design, product advertising and branding, model making, and 3 -D computer modeling. Parking There are 1,143 parking spaces at the Arcadia Hub. Over the years, approximately 30 parking spaces have been lost due to handicap parking requirements, the seismic upgrading of the parking structure, and other adjustments. Several parking modifications have also been approved for various tenants, such as L.A. Fitness, Pavilions, a dentist, and several restaurants. The Arcadia Municipal Code requires that a school for students of high school age or older provide 1 parking space for each employee and 1 parking space for every 3 students. Based on the proposal of a maximum of 30 students and 7 employees, a total of 17 parking spaces are required. This is less than the parking that would be required of a retail use for this 4,800 square -foot space, yet a retail use would be allowed by- right. The retail parking requirement is 1 parking space per 1,000 gross CUP 11 -23 1313 S. Baldwin Avenue November 22, 2011 — page 3 square feet, which equals 24 parking spaces for this unit. Since the proposed school requires fewer parking spaces than a use that would be allowed by- right, a parking modification is not necessary for this school. However, in regards to the overall parking requirement for the Arcadia Hub, the existing 1,143 parking spaces is significantly deficient from the requirement of 2,385 parking spaces for all of the current uses. Due to this parking deficiency, the landlord had K2 Traffic Engineering, Inc. conduct the attached shared parking study that compared the City parking requirements with the projected parking demand for the shopping center with the proposed school (Concept Cube, Inc.). The study was conducted in August of this year, and examined the parking demand at 30- minute intervals from 10:00 a.m. to 9:00 p.m. for seven consecutive days. The study found that this shopping center does not fully utilize its parking supply. During the peak parking demand period (Monday at 6:00 p.m.) when the most parking spaces were occupied, it was found that only about 50% (569) of the parking spaces were utilized. This means that more than 500 parking spaces were available at the busiest time. In addition, there are 37 parking spaces in the immediate vicinity of the subject space that are limited to a 45- minute stay — see the attached site plan. This was a condition of approval for the L.A. Fitness health club, but will also help ensure that the proposed school will not impact the parking needs of its neighboring businesses. The study also includes an adjustment for the holiday shopping season and the vacant units. It is projected that during the holidays, and with full occupancy, 83% (953) of the parking spaces would be occupied. Based on the study; even during the busiest time of year, there will be close to 200 parking spaces available. The City Engineer has reviewed the report and agrees with its conclusions that the proposed school will not impact the parking situation at this center. CODE REQUIREMENTS 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. CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no significant physical alterations to the site are necessary, then this project, which is at an existing facility is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. CUP 11 -23 1313 S. Baldwin Avenue November 22, 2011 — page 4 FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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 existing uses at the subject site. 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. 9275.1.56 authorizes the proposed school with an approved Conditional Use Permit in the subject C -2, General Commercial 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 proposed occupancy and schedule, and the parking availability, this site is adequate for the proposed project and adjustments are not necessary. 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 adjacent to Baldwin Avenue, which is a major arterial designed to accommodate high volumes of traffic, and has abundant ingress and egress points from both Duarte Road and Naomi Avenue. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A graphic design and art school is a commercial use that is consistent with the Land Use Designation of the site. It is staff's opinion that the proposed school satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 11 -23, subject to the following conditions: 1. There shall not be more than thirty (30) students and seven (7) faculty and staff members at any given time, and the school shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -23, subject to the satisfaction of the Development Services Director or designee. CUP 11 -23 1313 S. Baldwin Avenue November 22, 2011 — page 5 2. Classes shall be held from 3:00 p.m. to 9:45 p.m., Monday through Friday, and from 9:00 a.m. to 4:00 p.m. on Saturdays and Sundays. 3. The school must maintain two (2) exits to the satisfaction of the Arcadia Fire Marshal, which includes that these doors remain unlocked during business hours. 4. All new fire sprinkler heads shall be quick response type, and the fire sprinkler system and fire alarm system shall be maintained to the satisfaction of the Arcadia Fire Marshal. 5. Interior locking devices that can only be opened with a key are not permitted. 6. Illuminated exit signage and emergency lighting shall be provided to the satisfaction of the Arcadia Fire Marshal. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 11- 23 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the school. 8. 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. 9. 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. 10. Approval of CUP 11 -23 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. CUP 11 -23 1313 S. Baldwin Avenue November 22, 2011 — page 6 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 11 -23; state the supporting findings and environmental determination, and adopt the attached Resolution No. 1847, or as modified by the Commission. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 11 -23; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has an y questions regarding this matter prior to the November 22, 2011 hear n or public contact Senior Planner, Lisa Flores at (626) 574 -5445, or by email lat Iflores(a,ci.arcadia.ca. us. Approved by: Ji asama ommunity Development Administrator Attachments: Aerial Photo with Zoning Information Photos of Subject Commercial Space Resolution No. 1711 for CUP 04 -11 (Kids' Island) Resolution No. 1809 for CUP 09 -14 300 -foot Radius Map Site Plan and Floor Plan Shared Parking Study Preliminary Exemption Assessment Resolution No. 1847 CUP 11 -23 1313 S. Baldwin Avenue November 22, 2011 — page 7 1313 S. Baldwin Avenue Entrance from the parking lot area of the shopping center (a.k.a. The Hub). View from Inside of the unit facing the parking lot area. Street view from Baldwin Avenue (Above and Below) — Interior photos of the 4,800 square foot unit space. • RESOLUTION NO. 1711 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 04-011 WITH A PARKING MODIFICATION TO ALLOW A CHILDREN- LEARNING CENTER WITHIN THE EXISTING 4,800 SQUARE FOOT UNIT AT 1313 S. BALDWiN AVENUE. WHEREAS, on June 28, 2004, a Conditional Use Permit application with a parking modification was filed by Chrisfine Yap, owner of the subject business, to operate a children - Beaming center within the existing 4,800 square foot unit at 1313 S. Baldwin Avenue; and, WHEREAS, a public hearing was held on August 10, 2004, at which time all interested persons were given full opportunity to be heard and present evidence. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: ECG` N 1 • That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit with a parking modification will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a which a Conditional Use Permit is authorized. proper one for 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, loading, landscaping, parking, and other features are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts a major street that is adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the and use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that 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 the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 04-011 with a parking modification to operate a children - teaming center within the existing 4,800 square foot unit at 1313 S. Baldwin Avenue, upon the following conditions: 1. The children - leaming center will be restricted to the subject unit (4,800 square feet) with a maximum of 12 students in each class from ages 6 months to 6 years old. The proposed use shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 04-011, and any expansion upon the use approved shall require approval of a separate conditional use permit. 2. The business hours shall be limited from 9:00 a.m. to 6:00 p.m., seven days a week. 3. A separate sign design review application shall be submitted for all new signs on the premises. 4. The 17 parking spaces that face the store frontage shall be restricted to 1-hour parking. 5. Approval of CUP 04-011 shall not take effect until the property ovmer(s) and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any daim, 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 daim, 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 attomey to represent the City, its officers, employees, and agents in the defense of the matter. SECTION 4., The decision, findings and conditions contained in this Resolution reflect the Commission's action of August 10, 2004, by 'the following vote: AYES: Commissioner Hsu, Lucas, Olson, Wen, Baderian NOES: None SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 10th day of August 2004, by the following votes: AYES: NOES: None Commissioner Hsu, Lucas, Olson, Wen, Baderian Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: &69 0. bo-ei,t4 Stephen P. Deitsch, City Attorney hairrnan, Planning Commission City of Arcadia RESOLUTION NO. 1809 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09 -14 TO PERMIT PRIVATE PARTIES FOR CHILDREN AND .EXTEND THE BUSINESS HOURS TO THE EXISTING CHILDREN LEARNING CENTER AT 1313 S. BALDWIN AVENUE (d.b.a. Kids Island). WHEREAS, the City of Arcadia on August 12, 2009, received an a Conditional Use Permit application to permit private parties for children and extend the business hours from 9:00 a.m. to 9:00 p.m., seven (7) days a week to the existing children learning center at 1313 S. Baldwin Avenue (d.b.a. Kids Island); and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ( "CEQA "), and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined there is no substantial evidence that the approval of Conditional Use Permit No. CUP 09 -14 would result in a significant adverse effect on the environment. Accordingly, a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, a public hearing was held by the Planning Commission on December 8, 2009, at which time all interested persons were given full opportunity to be heard and present evidence. 1 NOW, TFIEREFORE, 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 attached report is 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 use wi I1 be compatible with the surrounding uses, and it will be an appropriate use for the subject site, and the proposed project will provide adequate parking for the new health club and existing restaurant. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, loading, landscaping, parking, and other features are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts three streets that are adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 2 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that 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 the wildlife depends. SECTION 3., That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -14 to permit private parties for children and extend the business hours from 9:00 a.m. to 9:00 p.m., seven (7) days a week at the existing children learning center located at 1313 S. Baldwin Avenue, upon the following conditions: 1. The business hours shall be limited from 9:00 a.m. to 9:00 p.m., seven (7) days a week. 2. The private parties for children shall be limited to 33 people, which include 3 staff members. 3. The private parties for children shall not occur during the same time as open la p Y and classes (permitted under Conditional Use Permit No. 04 -11). 4. All City requirements regarding building safety, disabled access and facilities, occupancy limits, fire prevention, detection, suppression, emergency access, health code 3 compliance, parking and site designs, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 5. 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. 4 6. Approval of CUP 09 -14 shall not take effect until the property owners) and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval, and that all conditions of approval shall be satisfied prior to implementation of this Conditional Use Permit. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8th day of December, 2009. ATTEST: �retary APPROVED AS TO FORM: ClgA,‘ 76/e Stephen P. Deitsch City Attorney 5 Planning Commission COUNTY CO U N OF LOS ANGELES ) SS: CO CITY OF ARCADIA ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby ereb certify that the foregoing Resolution No. 1809 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 8th day of December 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek and Hsu NOES: None ABSENT: Commissioner Parrille ary of the Planning Commission ott OK A Kali OS ;$ o Gkg r u— W X a7 iv Co' n 1S3/y N3Q'100 -- ;�•wcs� r tru 3AV IS3At K3ii1DOII C'2" u"n-fn+t s O' (7� "F 9 %-3m 153M yl 3 S. Baldwin Ave. r EE 3 lL 111 G 71 1 0 z 211V71IAA 1NV9Vn 9 N Y`N Vde VN N3-3N ( C -2 Zone / APN: 5383 - 038 -010) Oli(III Il(lill' 1111(1 111111 V` 1I1,l'=L1181111 E�L�i1��fi u'11I1 II!111JC�11 J JIli11'1 A C a E �a - -%lf II dH VW] A E 1 J L_J S o ! 51 co T N co 2 w a 0 E C) a m a _..i co ( 7 7 , U (0 0 • T C C 5 y U 0 Q K2 c. ENltNI rNS Inr Tv014 bnrrpl S10 •,' pihrGn ixaN@n;..Parkfog,'�0, • September 12, 2011 Baldwin Arcadia Center, LP and Concept Cube, Inc. c/o BP International, Inc. Attn: Patsy Ma 800 W. 6a' Street, Suite 600 Los Angeles, CA 90017 Re: Shared Parking Study For Proposed Concept Cube, Inc. in Arcadia Rub Shopping Center Dear Patsy, Per your request, we have conducted a shared parking study for the ro ose Concept Cube, Inc. This letter presents our methodology, n P d o p gy, findin recommendation in regards to the sufficiency of parking for the proposed business. PROJECT INFORMATION Concept Cube, Inc. is a school dedicated to portfolio preparation and development in the fields of arts and design. Concept Cube, Inc. is seeking approval P P g pproval to occupy Unit 1313 (4,814 sq. ft.) in Arcadia Hub Shopping Center in the City of Arcadia. The subject unit is currently vacant. Concept Cube, Inc. offers learning courses to students from high school level to adults. Instructional courses are scheduled on weekday between 3:00 pm and 10:00 pm, and weekends between 9:00 am to 7:00 pm. The maximum capacity of each course is 30 students. The facility is estimated to have six to seven staff for normal course operations including instructors, assistants, clerks, and manager. EXISTING CONDITIONS Arcadia Hub Shopping Center is situated at the southwest corner of Duarte Boulevard and Baldwin Avenue in the City of Arcadia, as shown in Exhibit 1. K2 Traffic En • ineerin • Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: khsu @k2traffic.com Shared Parking Study For Proposed Concept Cube, Inc. In Arcadia Hub Shopping Center September 12, 2011 Page 2 of 4 Parking spaces within the commercial plaza are shared by all tenants and customers. Existing tenants include, but not limited to, retail stores, banks, restaurants, fitness center, supermarket, optometry and a few vacant units. A complete list of existing tenants and vacancy units are shown in Appendix A and B, respectively. PARKING REQUIREMENT According to Municipal Codes of the City of Arcadia, off - street parking requirements for learning center with students of high school age or older is one space per employee plus one space for every 3 students. As shown in Table 1, the proposed facility requires 17 parking spaces. Table 1. Parkins Requirements PARKING SURVEY K2 Traffic Engineering has conducted a field survey to observe parking usage of existing tenants. Parked vehicles were counted at the parking lot every 30 minutes between 10:00 am and 9:00 pm in August 2011 for seven (7) consecutive days. Complete survey data can be found in Appendix C. For the convenience of data collection, the parking lot is divided into seven areas as shown on site plan, see Exhibit 2. Our observation has counted 1,143 total parking K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: khsu@k2traffic.com Concept Cube, Inc. Land Use Learning Center Parking Ratio Per Municipal Codes Students of high school age or older: 1 space per employee plus 1 space foi every 3 students. Employee 7 Students of high school age or older 30 Parking Demand _ 17 spaces PARKING SURVEY K2 Traffic Engineering has conducted a field survey to observe parking usage of existing tenants. Parked vehicles were counted at the parking lot every 30 minutes between 10:00 am and 9:00 pm in August 2011 for seven (7) consecutive days. Complete survey data can be found in Appendix C. For the convenience of data collection, the parking lot is divided into seven areas as shown on site plan, see Exhibit 2. Our observation has counted 1,143 total parking K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: khsu@k2traffic.com Shared Parking Study For Proposed Concept Cube, Inc. In Arcadia Hub Shopping Center September 12, 2011 Page 3 of 4 spaces. The peak parking occurred at 6:00 pm Monday when 569 spaces wer occupied, and 574 spaces still available. were SEASONAL ADJUSTMENT Mixed -use shopping centers are generally characterized by maximum demands during the year -end holiday season. Shared Parking, Second parking published by Urban Land Institute g nd Edition (ULI) for various land uses. Based on theontains monthly parking demand Hub Shopping Center, the study derives the adjustment factor g tenants at Arcadia applicab data conducted in August to estimate the maximum parking demand in le D to survey The derivation of adjustment factors based on various land uses can be found in Appendix D. and n The expected parking demand during the year -end holiday season is obtained by applying the adjustment factor (1.39) to available survey data. The maximum g demand of existing tenants based on seasonally adjusted data is 791 parking spaces, um an equivalent of 69% of the parking capacity. The seasonally adjusted arki demand of existing tenants is shown in Exhibit 3. p g VACANT UNITS As listed in Appendix B, the total square footage of vacant units, excluding the subject unit, is 29,071 sq. ft. Based on a conservative parking ratio of five s paces per 1,000 sq. ft. for retail uses, the vacant units should use 145 parking s aces. p SUMMARY Based on seasonal adjusted demand of 791 parking spaces for existing tenants spaces reserved for vacant units, and 17 spaces for the proposed facility, 'to al count of 953 parking spaces is required. Exhibit 3 illustrates the peak parkin demands of various usages, including existing tenants (seasonally adjusted g units, and the proposed facility. J ), vacant K2 Traffic En • ineerin • Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.7I4- 832 -2116 F.949- 266 -5875 Email: khsu@k2traffic.com Shared Parking Study For Proposed Concept Cube, Inc. In Arcadia Hub Shopping Center September 12, 2011 Page 4 of 4 With a capacity of 1,143 parking spaces, the adjusted peak parking demand of 953 spaces is approximately 83% of parking capacity. The parking demand for the proposed business should be sufficiently accommodated by the existing parking capacity. Regards, K2 Traffic Engineering, Inc. Jende Kay ' su, T.E. California Licensed TR2285 (Exhibits & Appendix) K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 F.949- 266 -5875 Email: khsu@k2traffic.com EXHIBIT 1. LOCATION MAP No Scale American Martial Arts Academy K2 Traffic Engineering, Inc. UNI T#131 3 NORTH NOT TO SCALE 11,1.1111114 1,....11101111,11 lmiiuii 1.1 . ofifit111111.1011.1I IJJJ -10111.1 11.1111 4111111111141:1111111111) 4 " ' 111111111.111... uiiiiriijr 11 11411110111 11:r • 1.111111.11.1.011.111.111.11f: 11.11 ilk Intl] 1:111.% II11111101.1111.111.1.1111' 11111.11.1.11:111.1.111111111.111 LEGEND; A(X) = AREA "A" WITH X PARKING SPACES. K2 TRAFFIC ENGINEERING EXHIBIT 2. SITE PLAN T eBesn (Supped Appendix A. Tenant Information & Code Parking Requirement P6090 - Arcadia Hub Parking Study Southwest Corner of Duarte Rd and Baldwin Ave, Arcadia 11/15/2011 Address Tenant Square Footage Use Parking Code * Parking Space Operation Hours S. BALDWIN AVE. 1201A Burlington Coat Factory 100,491 Retail 5 502.5 M -Sa: 10a - 9p, Su: 11a - 7p 1201B Burlington Coat Factory 26,000 Retail 5 130.0 M -Sa: 10a - 9p, Su: 11a - 7p 1205 Jo-Ann Fabrics 15,000 Retail 5 75.0 M -Sa: 9a - 9p, Su: 10a - 6p • 1207 Yamaha 3,535 Retail 5 17.7 M -F: 10a - 8p, Sa: 9a - 7p, Su: 10a - 6p 1215 Ann Karen Spa 12,500 Retail 5 62.5 Daily: 9a - 9p 1227 Tuesday Moming 7,200 Retail 5 36.0 M -Sa: 10a - 7p, Su: 12p - 6p - 1265 Bank of America 5,857 Bank 4 23.4 M -F: 9a - 5p 1309 First Commercial Bank 4,083 Bank 4 16.3 M -Th: 9a - 4p, F: 10a ; 6p, Sa: 10a - 1p 1311A Thai Food 2,800 Restaurant 10 28.0 Daily: 10:30a - 10p 1311B Yong Dong Tofu House 2,000 Restaurant 10 , 20.0 Daily: 11a - 9:30p 1317 Tomato Bank 4,000 Bank 4 16.0 M -Th: 9a - 4:30p, F: 9a - 6p, Sa: 10a - 1p 1325 L.A. Fitness 43,000 Fitness Center _ 990.0 M -F: 5a - 12a, Sa -Su: 8a - 8p 733 W. NAOMI AVE. A Nail Salon 600 Retail 5 3.0 Tu -Sa: 10a - 7p B Starbucks 950 Retail 5 4.8 Daily: 5:30a - 10p C AT &T 665 _ Retail 5 3.3 Daily: 10a - 8p D Smoke Shop 760 Retail 5 3.8 Daily: 9a - 7p E 5 Boutique 564 Retail 5 2.8 Daily: 11a - 7p F Rancho Shoe Repair 940 Retail 5 4.7 Daily: 8:30a - 6:30p G Subway 760 Restaurant 10 7.6 M -F: 7a -11p, Sa -Su: 7a - 10p H Sparks Hair Salon 760 Retail 5 3.8 M: 11 a - 7p, W -Sa: 10a - 7p, Su: 11a - 2p 1 Real Estate Agency 760 Office 4 3.0 Daily: 10a - 5p J Vivi Hair Salon 760 Retail 5 3.8 M -Sa: 9a - 7p, Su: 9a - 2pm K Dry Cleaners 750 Retail 5 3.8 M -F: 9a - 7p, Su: 9a - 4pm L Vitamin Meken 787 Retail 5 3.9 Daily: 9a - 7p M JC Herbs 740 Retail 5 3.7 Daily: 10a - 6p N Moming Glory 741 Retail 5 3.7 M -F: 9:30a - 6p, Sa: 11a - 5p 45 W. NAOMI AVE. IVons/ Pavillions 1 62,390 1 Supermarket 1 5 J 312.0 M -F: 8a - 9p, Sa -Su: 9a - 6p 15 W. NAOMI AVE. A Taisho 1,550 Restaurant 10 15.5 Daily: 11a - 9p C Jenny Craig 2,400 Retail 5 12.0 M -F: 8a - 8p, Sa: 7a - 1p, Su: 8a - 2p E Beauty Supply 1,550 Retail 5 7.8 M -Sa: 10a - 7p, Su: 8a - 2p F Cellular/Tmobile 1,550 Retail 5 7.8 M -Sa: 11a - 7:30p G AU79 1,550 Restaurant 10 15.5 F -Sa: 9a - la, Su -Th: 9a - 12:30a H Hair & SkinCare 1,550 Retail 5 7.8 M -Su: 10a - 7p J Time Warner 1,550 Retail 5 7.8 M -F: 9a - 6p, Sa: 9a - 5p J -1 Time Warner 140 Retail 5 0.7 M -F: 9a - 6p, Sa: 9a - 5p K Young Optometry 1,550 Optometry 5 7.8 M -Sa: 10:30a - 7p, Su: 10:30a - 6p L Eric To Dentistry 1,550 Dental Office 6 9.3 Daily: 9a - 6p M Mission Renaissance Art 1,550 School 5 7.8 M -F: 3p - 7p, Sa: 9a - 5p, Su: 11 a - 4:30p TOTAL 315,883 TOTAL 2,385 Dumber of parking space required for each 1,000 sq. ft. GLA the information above has been obtained from sources believed reliable. While we do not doubt its accuracy, we have not verified it and make no guarantee, warranty representation. It is your responsibility to independently confirms it accuracy. Prepared by K2 Traffic Engineering, Inc. 714 - 832 -2116 A ; endix B. Vacant Unit and Parkin Estimate P6090 z Arcadia Hub Parking Study $0 il#1 4t Comer of Duarte Rd and Baldwin Ave, Arcadia Number of parking space required for each 1,000 sq. ft. GLA ft. LA 9/7/2011 4 cu • c co c a0 _8 es t g g U CI. cn RsK't z fig zE.,i 1 N. CO 10 a'5' h s • t11 h- Ln ti N. co h CO CD it N 4O N CO NCO CD 0) ti Nj. O 434 417 398 406 .1 439 515 551 (0 10 480 374 C7 182 N 0 O N O O 0 O N 102 98 ti N O LL 0 N CA r- 10 N - Cr) 10 N CO N � N V' N tt �- 0 N 0 N N 0) r— 57 O O Cf) r- ri LO I� CD V co 58 N N N N CO N LE CO O N N I tZ (� C) Nr- L06 I N r- r- L6 O r- 128 133 130 v- r L06 N 1239- T.- 105 87 1 g 00) O r- 152 (0 r- 187 I 181 C(O r- 51 M 53 NI LO LO 9t7 CD co ONO ti CD LLJ Z N Q Q V O Q 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM a O O ai m C C 7 0) r O CO et cU a) C 'a S CD >, m a a) •a co a! d- >r 000 t) M �h '4) N I� 00 _N 0) 0 CO f� i- I'- 1` N- N. (00 co HOC) c0 CO ti CO .0 a) N M 1 1 0 0 1 m w Z 0 N N CO T- O r N N- o CO 0 a) 0) N a) co N co O U a a U 1 0) CO 03 CO CO 0) 0 N N 0) CO O 0) CO 0 d- ti 0) CO 0 'd' 0) O 03 CO CO O 0) CO N 0 (0 CD 0 CO co O CO 11 Nr 0 ti 0 N CO e- co M 0 e- 0 N o 0) 111 Q 0 0 O Q 0 0 T a 0 0 cV 0 0 0 0) O to a 0 0 0 0) O O 0) CO M 0 0 N 0 v- 0 co 00 T.. co 0 O LO v- O a) 111 ate. 0 0 cv) 0 0 0 M 0 0 CA a 0 O ca 0) 1 e- 0) O M 0 0 ti 0) 0 %-.. OD a) Z 0 0 d0 0 O 0) 0 0 0 oi 0) '4) CO CO v- O CO ti N N- CO r O Nt ti E 0. 0 0 (0 id CU CO CU 8 co m m t tQ 5 O CV N CO A ny .0 a) fa c co LO N Nt t ti C N c co O O o o a acn co C CD L L0 0 O O 3 329 1 396 405 e- N N n n v v- C CCOO 0 0) V V C CO C7 O ONO O O 0 00 1. I 108 - r O O O C CO c co M M 3 33 0.1 0 C CO Cr) N N c c0 C CO 2 23 ti t ti 0 0) E Et p C O C CO LLI C CD I� O O C CO 1 13 Z6 CO c cf) M M 1 1- N N Q c co 0 0 c0 c cD C Co e e— O O c co 2 24 I LZ ti 2 22 1 N co 70 80 124 123 130 103 74 82 89 06 120 162 183 41 40 78 I 70 I ZONE 10:00 AM 11:00 AM 12:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 7:00 PM 8:00 PM co Li III III I 1111 III MI 1 0 1 1 0) 0) N MEM 11 MEIER 1111 ME 11113111 INIMMEN INIMENCOM E a 0 0 R w as > as a) 0 as a w 3 a) LL 00 N t ccs 5 O CO CO A .a 0) ca t au .Q > co d.. O h O I` COL n (o 632 0 Co 596 * 642 co - CO 735 821 932 C ) in 0 a) CO D 382 434 440 487 511 537 547 501 465 408 322 r r N CO T. I L9 I O r Cr o r 133 143 134 108 93 T. CD M M O N CO N CO 29 J M 26 27 29 21 CO T Cr N N- h- LO CO r 13 CO r. CO r 21 18 19 15 N r LO r O CO 0 CO L0 LO r r N CO N h N CO N Lo CO C) () co co CO co O co O N r N N U °) o) c.,1 r r 121 151 141 156 165 156 137 ° e- 0) 9L 0) Cr) N d' r r O N r CO O r CO r Ln O d O r r 0 0 ...... CO 0 er, re, o) r r 54 50 50 56 70 60 w z 0 N Q a < U 1 10:00 AM Q o o r r d ° o V r 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM I d O O a) a a) � C Q a C r- r N N CO c r CU 5 N O 2 a) CO ra a v. �ti(�M O ° °N- - 0) d -a) co 348 O co O C) 394 407 440 485 507 O) LO O LO 424 352 U CV CO r 76 9L 88 0) 100 104 O) 83 I LL CO (0 24 V' O N CO C) 0 25 N L_28 co) 0) 0 I. e r- r- w In r- r• r- r- O r LC) c- 14 rte- 15 N O Nr CO O e- e- n N 0 CO 28 M I LZ N 26 28 N N U O) N O e 0 0 an to r- O O N M C0 'd' I's 00 t0 e— ^ ti N . M N r-� 87 0) 88 06 I aD r- N r 145 I (0 r u7 c— co r I` r 4 Q 0) L£ Nr d d d• 48 58 in N- CD N Z 0 CAPACITY 10:00 AM ¢ 0 0 - a N r- 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM a O (0 7:00 PM a O a0 9:00 PM a) co 0 co Q CO e Appendix D Seasonal Adjustment Factor Per ULI P6O9O - Arcadia Hub Parking Study Southwest Corner of Duarte Rd and Baldwin Ave, Arcadia Land Use August a December b Factor c =b /a Size (sq. ft.) d 9/7/2011 Parking Percentage Weighted Factor h = cx Health Club 43000 Office, Bank Sho•.in• Center Total Number of parking space required 1,000-- ■ q. ft. GLA 17800 280308 349768 3 APPENDIX E. SEASONALLY ADJUSTED PARKING DEMAND FOR EXISTING TENANTS P6090 - Arcadia Hub Parking Study Southwest Corner of Duarte Rd and Baldwin Ave, Arcadia 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8 :00 PM 9:00 PM Tue Wed Thu Fri 521 496 407 567 Sat 531 603 545 457 651 575 567 550 616 603 612 553 539 571 639 710 580 560 563 623 677 564 600 594 660 610 716 627 657 684 746 760 731 720 678 766 773 671 708 696 646 717 738 685 637 567 667 673 621 539 448 520 518 538 441 293 Sun 478 541 591 573 592 635 648 673 538 521 332 286 Max. 766 773 720 708 * Maximum demand is 791 spaces at 6:00 pm Monday 760 673 Mon 484 513 527 548 566 612 674 705 791 695 589 489 791 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Name or description of project: CUP 11 -23, a Cond center with 30 stude Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): . Entity or person undertaking project: 1313 S. Baldwin Av Other (Private (1) Name (2) Addres . Staff Determination: The Lead Agency's Staff, having undertaken and completed a p the Lead Agency's "Local Guidelines for Implementing the Cali concluded that this project does not require further environment a. ❑ b. ❑ c. d. ❑ e. g. ❑ Date: 10 -10 -11 The proposed action does not constitute a proj The project is a Ministerial Project. The project is an Emergency Project. The project constitutes a feasibility or plannin The project is categorically exempt. Applicable Exemption Class: 01 - Exis The project is statutorily exempt. Applicable Exemption: The project is otherwise exempt on the following basis: The project involves another public agency whi Name of Lead Agency: Preliminary Exemption Assessment\2011 tional Use Permit for an art portfolio development nts in an existing 4,824 square -foot commercial unit. enue Tony Yao 2311 Palm Avenue, Arcadia, CA 91007 •eliminary review of this project in accordance with brnia Environmental Quality Act (CEQA)" has it assessment because: :ct under CEQA. study. ting Facilities ch constitutes the Lead Agency. Staff: Thomas Li, Associate Planner es • FORM "A" RESOLUTION NO. 1847 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -23 FOR A GRAPHIC DESIGN AND ART SCHOOL AT 1313 S. BALDWIN AVENUE. WHEREAS, on September 14, 2011, an application was filed by Tony Yao on behalf of the property owner Baldwin Arcadia, LLC for a graphic design and art school at 1313 S. Baldwin Avenue; and WHEREAS, a public hearing was held by the Planning Commission on November 22, 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 November 22, 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 existing uses at the subject site. 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. 9275.1.56 authorizes the proposed school with an approved Conditional Use Permit in the subject C -2, General Commercial 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 proposed occupancy and schedule, and the parking availability, this site is adequate for the proposed project and adjustments are not necessary. 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 adjacent to Baldwin Avenue, which is a major arterial designed to accommodate high volumes of traffic, and has abundant ingress and egress points from both Duarte Road and Naomi Avenue. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A graphic design and art school is a commercial use that is consistent with the Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -23, subject to the following conditions: 1. There shall not be more than thirty (30) students and seven (7) faculty and staff members at any given time, and the school shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -23, subject to the satisfaction of the Development Services Director or designee. 2. Classes shall be held from 3:00 p.m. to 9:45 p.m., Monday through Friday, and from 9:00 a.m. to 4:00 p.m. on Saturdays and Sundays. -2- 1847 3. The school must maintain two (2) exits (one facing Baldwin Avenue and one to the parking lot) to the satisfaction of the Arcadia Fire Marshal, which includes that these doors remain unlocked during business hours. 4. All new fire sprinkler heads shall be quick response type, and the fire sprinkler system and fire alarm system shall be maintained to the satisfaction of the Arcadia Fire Marshal. 5. Interior locking devices that can only be opened with a key are not permitted. 6. Illuminated exit signage and emergency lighting shall be provided to the satisfaction of the Arcadia Fire Marshal. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -23 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the school. 8. 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. 9. 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- 1847 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. 10. Approval of CUP 11 -23 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] -4- 1847 Passed, approved and adopted this 22 day of November, 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: t I Stephen P. Deitsch City Attorney Chairman, Planning Commission