HomeMy WebLinkAbout1856RESOLUTION NO. 1856
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 12 -05 FOR A MARTIAL ARTS STUDIO WITH A MAXIMUM OF
25 STUDENTS IN A 1,200 SQUARE -FOOT COMMERCIAL SPACE AT
26V2 E. DUARTE ROAD
WHEREAS, on March 20, 2012, an application was filed by Pastor Bob Alvarez
for a 1,200 square -foot martial arts studio at 26 1/2 E. Duarte Road, Development
Services Department Case No. CUP 12 -05; 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 -2 zone
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
East Duarte Road. This street and the alley behind the studio 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. The proposed martial arts studio is a recreational 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 -05 for a 1,200 square foot martial arts studio at 26
'/2 E. Duarte Road, subject to the following conditions:
1. There shall be no more than two (2) instructors and 25 students at any
one time, and the instructional floor area shall be limited to a maximum of 800 square
feet.
2. Business hours shall be limited to 4:00 p.m. to 9:00 p.m. on weekdays,
and 1:00 p.m. to 3:00 p.m. on Saturdays.
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3. Student pick -up and drop -off shall occur in the on -site parking lot only.
Parents shall be required to park their vehicles when picking -up and dropping -off
students, and no queuing of vehicles shall occur in the parking lot.
4. The use approved by CUP 12 -05 is limited to a 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 -05, 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 -05 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
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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.
8. Approval of CUP 12 -05 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.
ATTEST:
ry, Planning Commission
APPROVED AS TO FORM:
P1D-eil
Stephen P. Deitsch, City Attorney
7
hairman, Planning Commission
r
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
1, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 1856 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
Secret�ry of the Planning Commission