HomeMy WebLinkAbout1861RESOLUTION NO. 1861
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT
APPLICATION NO. CUP 12 -14 FOR A 979 SQUARE -FOOT ART
STUDIO WITH A MAXIMUM OF 12 STUDENTS AT ANY ONE TIME AT
316 E. HUNTINGTON DRIVE
WHEREAS, on July 25, 2012, an application was filed by Kids Art - Monrovia,
Inc. for a 979 square -foot art studio with a maximum of 12 students at any one time at
316 E. Huntington Drive, Development Services Department Case No. CUP 12 -14; and
WHEREAS, a public hearing was held by the Planning Commission on August
28, 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 August 28, 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 art studio is consistent with the zoning and land use designation
of the site and area, and will not have any adverse impacts to the neighboring
businesses or properties.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. An art studio is allowed in the CPD -1 zones with
an approved Conditional Use Permit per Section 9275.1.37.1.1 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.
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 art studio
will not significantly increase traffic to and from the subject commercial center and the
surrounding streets are all adequate for more than the projected 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. The proposed art studio is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
6. That no significant physical alterations to the site are necessary, and as a
conversion of an existing facility, this project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the
CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants CUP 12-
14 for a 979 square -foot art studio with a maximum of 12 students at any one time at
316 E. Huntington Drive, subject to the following conditions:
1. There shall be no more than 12 students and two staff members at any one
time.
2. The class schedule shall be as follows: During the school year, class times
are from 3:30 p.m. to 6:15 p.m., Tuesday through Friday; and 9:00 a.m. to 4:00 p.m. on
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Saturdays. During the summer break, classes are from 8:30 a.m. to 6:15 p.m., Tuesday
through Friday; and 9:00 a.m. to 4:00 p.m. on Saturdays.
3. This approval of CUP 12 -14 includes a parking modification of one space for
the subject commercial unit, and an overall parking modification of 822 parking spaces
in lieu of the 931 parking space requirement for the subject site. This is not an approval
of a general reduction of the parking requirements for the subject commercial space, or
the subject site, but only for the art studio that is approved by this Conditional Use
Permit.
4. The use approved by CUP 12 -14 is limited to the proposed art studio, which
shall be operated and maintained in a manner that is consistent with the proposal and
plans submitted and conditionally approved for CUP 12 -14.
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 -14 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art 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
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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 -14 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 2E. day of , 2012.
ATTEST:
Se - -tary
Planning Commission
APPROVED AS TO FORM:
P /)-eiti
Stephen P. Deitsch
City Attorney
Chairman, Planning' Commission
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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. 1861 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 28th day of
August, 2012 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Beranek, Falzone, Parrille and Chiao
NOES: None
S retary of the Planning Commission