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HomeMy WebLinkAbout1852RESOLUTION NO. 1852 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -10 WITH A PARKING MODIFICATION TO ALLOW A TUTORING CENTER WITH A MAXIMUM OF EIGHTEEN (18) STUDENTS AND THREE (3) STAFF MEMBERS AT 511 S. FIRST AVENUE, SUITE D. WHEREAS, on May 26, 2011, an application was filed by Christopher Shen and Yihsuan Ho, owners of Rise Up Academy for a tutoring center with a maximum of eighteen (18) students (grades 6 -12) and three (3) staff members in an existing 1,030 square -foot commercial unit at 511 S. First Avenue, Suite D; and WHEREAS, a public hearing was held by the Planning Commission on April 24, 2012, 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 April 24, 2012 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, or with the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A tutoring center is allowed in the MU zones with an approved Conditional Use Permit per Section 9275.1.56 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. Based on the proposal 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 proposed tutoring center will not significantly increase traffic and the surrounding streets are all adequate for the type of traffic expected to be generated by the proposed use.. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A tutoring center 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 -10 with a parking modification, subject to the following conditions: 1. There shall be no more than 18 students and three (3) staff members at any one time, and the tutoring center shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -10, subject to satisfaction of the Development Services Director or designee. -2- 1852 2. Tutoring sessions shall be held in accordance with the following schedule, which shall coincide with the schedule of the Arcadia Unified School District. Regular Schedule Monday through Thursday 3:00 p.m. to 9:00 p.m. Fridays (Only Middle School Students) 3:00 p.m. to 6:00 p.m. Saturdays (SAT Preparation) 8:00 a.m. to 1:00 p.m. Summer Schedule Monday through Thursday 10:00 a.m. to 6:00 p.m. 3. This approval of CUP 11 -10, includes a parking modification for five (5) on- site spaces in lieu of 19 spaces required, and to allow the required parking spaces to be designated to each of the businesses. This is not an approval of general reduction of the parking requirements for the subject commercial space, or the subject site, but only for the tutoring center approved by this Conditional Use Permit. 4. The tutoring center must maintain two (2) exits to the satisfaction of the Arcadia Fire Marshal, which includes that these doors remain unlocked during business hours. 5. 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. 6. Interior locking devices that can only be opened with a key are not permitted. 7. Illuminated exit signage and emergency lighting shall be provided to the satisfaction of the Arcadia Fire Marshal. -3- 1852 Noncompliance with the plans, provisions and conditions of approval for CUP 11 -10 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, and emergency equipment are required to be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. 10. 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. 11. Approval of CUP 11 -10 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. -4- 1852 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8 day of May, 2012 ATTEST: etary, Planning Commission APPROVED AS TO FORM: 7 Stephen P. Deitsch City Attorney Chairman, Planning ommission 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. 1852 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 May, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Beranek, Parrille and Chiao NOES: None ABSENT: Commissioner Baerg Secre of the Planning Commission