HomeMy WebLinkAbout1854RESOLUTION NO. 1854
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 12 -04 FOR A 3,200 SQUARE -FOOT MARTIAL ARTS STUDIO
FOR A MAXIMUM OF FOUR (4) INSTRUCTORS AND FORTY (40)
STUDENTS AT ANY ONE TIME AT 159 AND 161 E. FOOTHILL BLVD.
WHEREAS, on February 28, 2012, an application was filed by Mr. Terence Kwok
for a 3,200 square -foot martial arts studio at 159 and 161 E. Foothill Blvd., Development
Services Department Case No. CUP 12 -04; and
WHEREAS, a public hearing was held by the Planning Commission on May 22,
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 May 22, 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 martial arts studio is consistent with the zoning and General Plan
Land Use Designation of the site and will not conflict with the other existing uses at the
site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which
a Conditional Use Permit is authorized. A martial arts studio is allowed in the C -1 zones
with an approved Conditional Use Permit per Section 9275.1.50.3 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, the site is adequate
for the proposed martial arts studio, 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 martial
arts studio will not increase the traffic that is expected at this location, which fronts on
Foothill Boulevard and Second Avenue. Both of these streets are adequate for the type
of traffic that is to be generated by this use.
5. That the granting of such Conditional Use Permit will not adversely affect
the comprehensive General Plan. A martial arts studio 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 12 -04 for a 3,200 square foot martial arts studio at 159
and 161 E. Foothill Blvd., subject to the following conditions:
1. There shall be no more than four (4) instructors and forty (40) students at
any one time, and the instructional floor area shall be limited to a maximum of 1,927
square feet.
2. Business hours shall be limited to 9:00 a.m. to 9:00 p.m. on weekdays,
and 9:00 a.m. to 7:00 p.m. on Saturdays.
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3. This approval of CUP 12 -04 includes a parking modification for 322 on -site
spaces in lieu of 371 spaces required. This is not an approval of a general reduction of
the parking requirements for the subject commercial space or the subject center, but
only for the martial arts studio approved by this Conditional Use Permit.
4. The use approved by CUP 12 -04 is limited to this martial arts studio,
which shall be operated and maintained in a manner that is consistent with the proposal
and plans submitted and approved for CUP 12 -04, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be adjusted
after due notice to address any adverse impacts to the adjacent streets and /or the
neighboring businesses or properties.
5. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, and parking and site design shall be
complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
6. Noncompliance with the plans, provisions and conditions of approval for
CUP 12 -04 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the martial arts studio.
7. 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
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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.
8. Approval of CUP 12 -04 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 12th day of June, 2012.
ATTES
Secr.."ary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
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. 1854 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 12th day of June,
2012 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg
NOES: None
Secrry of the Planning Commission