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Home My WebLink About6844RESOLUTION NO. 6844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 12 -06 FOR A 580 SQUARE -FOOT TUTORING CENTER FOR CHILDREN AGES 14 -18 WITH A MAXIMUM ATTENDANCE OF 15 STUDENTS AT ONE TIME AT 909 S. SANTA ANITA AVENUE, UNIT - L WHEREAS, on March 29, 2012, a Conditional Use Permit application was filed by Pi Tutorial for a 580 square -foot tutoring center for children ages 14 -18 with a maximum attendance of 15 students at one time, Development Services Department Case No. CUP 12 -06, at 909 S. Santa Anita Avenue, Unit - L; and WHEREAS, a public hearing was held before the Planning Commission on June 12, 2012, at which time the Planning Commission denied the project and adopted Resolution No. 1857 on June 26, 2012; and WHEREAS, within the prescribed five (5) working -day appeal period, the applicant appealed the denial for reconsideration in order to have a full review of the facts and circumstances by the City Council; and WHEREAS, a public hearing was held by the City Council on August 7, 2012, at which time all interested persons were given full opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Development Services Department in the staff report dated August 7, 2012 are true and correct. SECTION 2. This City Council finds: A. 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 tutoring center will be compatible with the surrounding uses, is an appropriate use for the subject site, and the existing on -site parking is adequate to support the proposed tutoring center. B. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A tutoring center is allowed in the C -2, General Commercial zones with an approved Conditional Use Permit per Section 9275.1.56 of the Arcadia Municipal Code. C. 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 tutoring center and adjustments are not necessary. D. 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 tutoring center will not increase the traffic at the subject location, which is at the southwest corner of the intersection of Santa Anita Avenue and Campus Drive. Both of the streets are adequate for the type of traffic that will be generated by the proposed tutoring center. E. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A tutoring center is a commercial use that is consistent with the General Plan Land Use Designation of the site. -2- F. No significant physical alterations to the site are necessary for the proposed tutoring center to occupy the existing subject facility. Therefore, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons, this City Council grants Conditional Use Permit No. CUP 12 -06 for a 580 square -foot tutoring center for children ages 14 -18 with a maximum attendance of 15 students at one time at 909 S. Santa Anita Avenue, Unit - L, upon the following conditions: 1. The tutoring center shall be limited to a maximum of two (2) instructors, and 15 students of ages 14 to 18 at any one time. 2. Classes are limited to the following schedule: 3. The instructors of the subject tutoring center shall use the parking area located on the west side of the subject property. 4. A roofed trash enclosure shall be provided in accordance with City Standards, and the location and design shall be approved by the Community Development Administrator. -3- Monday — Friday Saturday Closed Dates Academic 3 p.m. — 7 p.m. 9 a.m. — 3 p.m. The Saturday in Year Two sessions: Sessions to be November of the band 3:15 — 4 :45 based on festival. 5:00 — 6:30 enrollment Winter & Spring Breaks Sundays & National Holidays Summer 9 a.m. — 6 p.m. 9 a.m. —12 p.m. One week in June and Sessions to be Sessions to be two weeks in August based on based on enrollment enrollment 3. The instructors of the subject tutoring center shall use the parking area located on the west side of the subject property. 4. A roofed trash enclosure shall be provided in accordance with City Standards, and the location and design shall be approved by the Community Development Administrator. -3- 5. Exit doors shall be equipped with panic lever type hardware. Latched or key operated locks are not permitted. 6. The use approved by CUP 12 -06 is limited to the proposed tutoring center, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -06, 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 other businesses at the subject site, the adjacent streets, and /or the neighboring businesses or properties. 7. 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. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 9. 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 period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The -4- 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. 10. Conditional Use Permit No. CUP 12 -06 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 City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of August , 2012. ATTEST: City Clerk APPROVED AS TO FORM: n 6' Stephen P. Deitsch City Attorney -5- Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6844 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21 st day of August, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None ABSTAIN: Council Member Segal N i y lerk o the C ty of Arcadia