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
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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
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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
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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