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HomeMy WebLinkAbout6325 RESOLUTION NO, 6325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO, 2002-012 TO OPERATE AN ACADEMIC PREP SCHOOL AND LEARNING CENTER AT 41 WEST SANTA CLARA STREET WHEREAS, on August 15, 2002, an appeal was filed to call up for review before the City Council the Planning Commission's approval of Conditional Use Permit No, 2002-012 (Planning Commission Resolution No, 1675) for a proposed academic prep school (grades th thru 1ih) and a learning center to occupy a vacant 11,224 sq,ft" two-story office building with a maximum enrollment of 150 students at property commonly known as 41 West Santa Clara Street; and WHEREAS, a public hearing was held before the Planning Commission on July 23, 2002, to consider a request, which was filed by Thomas p, Clarke, for Conditional Use Permit No, 2002-012 to permit the proposed school and learning center at the subject location, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Development Services Department recommended denial of the proposed school and learning center because of potential parking and traffic circulation problems; however, for reasons provided by the applicant's testimony in reference to the school's on-site parking needs and limited student enrollment the Planning Commission voted 4-0 with one (1) member absent to approve Conditional Use Permit No, 2002-012; and WHEREAS, on August 13, 2002, the Planning Commission adopted Resolution No, 1675, which sets forth the Commission's findings and conditions of approval; and WHEREAS, on September 3, 2002, the City Council held a public hearing on the appeal from the Planning Commission's approval; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 6325 1, All staff reports and related attachments and exhibits submitted by the Community Development and Engineering Divisions of the Development Services Department to the City Council; 2, The record of the Planning Commission hearing regarding Conditional Use Permit 2002-012; 3. All information and material, and documentation presented as part of the public testimony at the Planning Commission public hearing on July 23, 2002, and at said City Council meeting, including the envirOnmental documents with the Negative Declaration; and WHEREAS, the City Council adopted the Negative Declaration for Conditional Use Permit 2002-012 at its meeting of September 3,2002; and WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA HEREBY 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, The City Council finds: 1, That based on the evidence from the public testimony and the Development Services Department 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, 2, That the use applied for at the location indicated is a proper use for which a conditional use permit is authorized as established in the zoning ordinance, 3, That the site for the proposed school and learning center is adequate in size and shape to accommodate said use, All yards, spaces, walls, fences, parking, loading, landscaping and other features will be adequate to adjust said use with the land and uses in the neighborhood, 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, 2 6325 5, That the granting of such conditional use permit will not adversely affect the comprehensive General Plan because the subject use and current zoning are consistent with the General Plan, 6. That the evaluation of the environmental impacts as set forth in the initial study is appropriate and that the project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970, and, when considering the project as a whole, there was no evidence before the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and, therefore, a Negative Declaration was approved, SECTION 3, That for the foregoing reasons the City Council upholds the Planning Commission's approval of Conditional Use Permit 2002-012 to allow the proposed academic prep school (grades yth thru 1 ih) and a learning center to occupy a vacant 11,224 sq.ft" two-story office building with a maximum enrollment of 150 students at 41 West Santa Clara Street, subject to the following revised conditions: 1, Dedication of utility easements for Underground Utility District 14 is required prior to occupying the subject building, 2. The parking lot shall be well lighted, Plans and specifications are to be submitted for review and approval by the City Engineer and Chief of Police, and all lighting installed within 30 days of occupancy, 3. Any outdoor student activity shall be limited to the most easterly portion of the site to mitigate the potential disturbance of the neighboring residential area; no parking or driveway area shall be used for outdoor student activity, except for that certain area adjacent to and directly easterly of the existing building if (a) at any given time parking is not needed or utilized at that location, and (b) supervision is provided for such outdoor activities, and (c) the area is marked with cones or designated striping to allow for such outdoor student activity, 4, The school and learning center shall be limited to the following hours: Weekday classes to be from 8:30 a,m, to 2:30 p,m, with tutorial sessions from 4:00 p,m, to 8:00 p,m, and on Saturdays from 8:00 a,m. to 2:00 p,m, 3 6325 5, That no bells or outdoor public address systems shall be utilized because of the site's proximity to a neighboring residential area, 6. The applicant shall design and submit designated parking lot spaces for review and approval by the City Engineer and a revised site plan, which reverses the site's angled parking stalls that exist between the site's northerly property line and the drive-through area to provide ingress from Santa Clara Street and egress onto Rolyn Place for the purpose of dropping off and picking up students. 7. The Planning Commission shall review this permit six (6) months from the date of approval. If any problems are noted the Planning Commission will have the authority to modify or impose new conditions to mitigate any negative impacts, 8, Approval of C.U,P, 2002-012 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form that is available from the Development Services Department to indicate awareness and acceptance of the revised conditions of approval. 9, Noncompliance with the provisions and conditions of this conditional use permit shall constitute grounds for its immediate suspension or revocation of said permit. 10, Student enrollment for the school, exclusive of after school tutoring of individual students, shall not exceed 150. 11. 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 andlor 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 4 6325 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. SECTION 4, The City Clerk shall certify to the adoption of this Resolution, Passed, approved and adopted this 1st of October ,2002, Mayor of the City of Arcadia ATTEST: K""-,J ; Ci APPROVED AS TO FORM: ~e~ Stephen p, Deitsch City Attorney 5 6325 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6325 was passed and adopted by the City Council ofthe ! I City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the I st day of October, 2002 and that said Resolution was adopted by the following vote, to wit: A YES: Councilmember Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None Ci 6 6325