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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. -2- 1856 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 -3- 1856 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