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HomeMy WebLinkAbout1845RESOLUTION NO. 1845
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. CUP 11 -14 FOR A
TRADE SCHOOL /EDUCATION CENTER (D.B.A. THE
CLARKE CENTER) WITH A MAXIMUM OF 80 STUDENTS
AND FIVE (5) EMPLOYEES IN AN EXISTING 15,050
SQUARE -FOOT COMMERCIAL BUILDING AT 400 N.
ROLYN PLACE.
WHEREAS, on August 31, 2011, an application was filed by Mr. Thomas P.
Clarke for a 15,050 square -foot trade school /education center at 400 N. Rolyn Place,
Development Services Department Case No. CUP 11 -14; and
WHEREAS, a public hearing was held by the Planning Commission on
November 8, 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 8, 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 if conditionally approval 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 Sections 9265.1 and
9275.1.44 authorize commercial, trade and music schools 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 proposed layout and parking, and if conditionally
approved, this use can be accommodated by 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 fronts
Rolyn Place that can readily be accessed by Santa Anita Avenue and Santa Clara
Street, which are both arterials able to accommodate high volumes of traffic.
5. That the granting of such Conditional Use Permit will not adversely affect
the comprehensive General Plan. The proposed trade school/education center is
consistent with the commercial designation of the area and of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 11 -14 for a 15,050 square -foot trade school /education
center at 400 N. Rolyn Place, subject to the following conditions:
1. There shall not be more than 80 students and five (5) employees at any
one time.
2. The hours of operation shall be limited to 8:30 a.m. to 9:00 p.m., Monday
through Saturday.
3. There shall not be more than three (3) special events in a calendar year,
and the maximum occupancy shall not exceed 85 people. The closing hour may be
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extended to 10:00 p.m. for these special events. These events shall be subject to the
City's Special Use Permit requirements.
4. The following items shall be addressed to the satisfaction of the Fire
Marshal:
a. All fire sprinkler heads shall be quick response type. Existing
heads shall be changed as necessary to quick response type.
b. A full coverage fire alarm and sprinkler system shall be provided.
c. Provide a Knox box with keys for access to restricted areas.
d. Hallways serving more than 10 persons must be a minimum one -
hour rated corridor. All doors leading into such corridors shall have a minimum
20- minute rating with self - closers.
e. Exit doors from the music room and drama room shall swing in the
egress direction.
f. The tech and media room, and indoor sports and recreation room
require two (2) exits each. Exits shall lead directly to either a rated corridor, or
the exterior of the building, and not to an intervening room.
g. Illuminated exit signage shall be provided for all exits and exit
pathways.
h. Emergency lighting shall be provided along all paths of egress.
5. The use approved by CUP 11 -14 is limited to the proposed trade
school /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 -14, subject
to the satisfaction of the Development Services Director or designee. This includes a
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Parking Modification for 23 on -site spaces in lieu of 24 required, and a 20' x 20' loading
zone in lieu of two (2) 10' x 25' loading zones. This Modification is not an approval for a
general reduction of the parking and /or loading requirements for the subject property
and /or building, but is limited to the specific use being approved by CUP 11 -14.
6. Noncompliance with the plans, provisions and conditions of approval for
CUP 11 -14 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the trade school /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
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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.
9. Approval of CUP 11 -14 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.
Passed, approved and adopted this 22nd day of November, 2011.
ATTEST:
Secretary, Plar ring Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA
I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 1845 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 22nd day of
November, 2011 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
Secretary of th ' Planning Commission