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HomeMy WebLinkAbout1848RESOLUTION NO. 1848 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -17 FOR A 3,915 SQUARE -FOOT PRE - SCHOOL WITH A MAXIMUM ATTENDANCE OF 52 STUDENTS AND A MAXIMUM STAFFING OF 7 EMPLOYEES AT 100 E. LIVE OAK AVENUE WHEREAS, on October 25, 2011, an application was filed by the owner of Angela Pre - school to allow an addition of 1,397 square -feet to an existing 2,518 square - foot pre - school for a total of 3,915 square -feet and to increase the maximum attendance from 45 to 52 children, and increase the maximum staffing from 6 to 7 employees at 100 E. Live Oak Avenue; and WHEREAS, a public hearing was held by the Planning Commission on December 13, 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 December 13, 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 expansion of the pre - school is consistent with the intended commercial use of the property and will not have any adverse impacts to the neighboring businesses or properties, and will be required to comply with all applicable health and safety code requirements. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The pre - school currently exists at this location without conflict with the neighboring businesses. A pre - school is a permitted use in the MU zone with an approved Conditional Use Permit per Section 9268.10 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 addition to the building and reconfiguration of the parking area will accommodate the proposed expansion, improve vehicular circulation, and provide the number of on -site parking spaces required by Code. 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. Live Oak Avenue provides access to the site and is a primary arterial that is capable of carrying the traffic demand of the proposed use. The site is a corner lot and the intersecting street, Myrtus Avenue provides access to a private parking lot behind the building. Additionally, there is an alley at the rear of the site that will provide a secondary access to the parking lot. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A pre - school 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 -17 to allow an addition of 1,397 square -feet to an existing 2,518 square -foot pre - school for a total of 3,915 square -feet and to increase the 2 1848 maximum allowed attendance from 45 to 52 children, and increase the maximum staffing from 6 to 7 employees in a Mixed Use (MU) zone, subject to the following conditions: 1. The use approved by CUP 11 -17 is limited to a 3,915 square -foot pre - school with a maximum of 52 students and 7 staff members. The pre - school shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -17, and any expansion of the approved use shall require approval of a separate conditional use permit. 2. That the existing drive approach off of Live Oak Avenue is removed and replaced with curb, gutter, and sidewalk to the satisfaction of the City Engineer. 3. All City requirements regarding disabled access and facilities, occupancy limits, building safety and emergency equipment shall be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -17 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the business. 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 3 1848 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. 6. Approval of CUP 11 -17 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 a Tay of Pro aeigr4 , 2011. ATTEST: SecrY17L____---- ning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney C airman, P _ • ng Commission 4 1848 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1848 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 13th day of December 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, and Parrille NOES: Commissioner Baderian ABSENT: Commissioner Chiao Ty of the Planning Commission