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HomeMy WebLinkAbout1860RESOLUTION NO. 1860 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 12 -11 FOR A 1,100 SQUARE -FOOT TUTORING CENTER WITH A MAXIMUM OF 16 STUDENTS AT ANY ONE TIME AT 815 S. FIRST AVENUE WHEREAS, on June 25, 2012, an application was filed by Ms. Cheryl Ha for a 1,100 square -foot tutoring center with a maximum of 16 students at any one time at 815 S. First Avenue, Development Services Department Case No. CUP 12 -11; and WHEREAS, a public hearing was held by the Planning Commission on August 28, 2012, and September 25, 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 reports dated August 28, 2012, and September 25, 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 tutoring center is consistent with the zoning and land use designation of the site and area, and with certain conditions 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. A tutoring center is allowed in the MU zones with an approved Conditional Use Permit per Section 9268.10 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, the parking availability, and the recommended conditions of approval, 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 tutoring center will not significantly increase traffic to and from the subject site. 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 tutoring center 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- 11 for a 1,100 square -foot tutoring center with a maximum of 16 students at any one time at 815 S. First Avenue, subject to the following conditions: 1. There shall be no more than 16 students and 2 staff members at any one time. -2- 1860 2. The existing parking lot fence and gate shall be removed. 3. The existing umbrella, bench, and potted plants occupying one of the parking spaces shall be removed. All of the on -site parking spaces shall remain unobstructed and available for vehicle parking. 4. Business hours shall generally be 9:00 a.m. to 9:00 p.m., daily, with classes scheduled to avoid parking and traffic congestion. The schedule of classes shall be subject to approval by the Development Services Director, or designee. 5. Students, instructors, and any employees shall park, or be dropped -off and picked up in the on -site parking lot only. Drivers shall park their vehicles when picking - up and dropping -off students, instructors, or employees, and no queuing of vehicles shall occur in the parking lot, or at the street curb. All pick -up and drop -off activities shall be supervised by a staff member. 6. The tutoring center shall require a signed agreement from the parents /legal guardian stating that they will pick -up and drop -off students in the on -site parking lot only, and not at the street curb. The agreement shall be subject to review and approval by the Development Services Director, or designee prior to the tutoring center beginning operations. 7. During the operating hours of the tutoring center, portable sign(s) shall be placed at the front of the subject property /building stating that no curbside pick -up or drop -off of students is permitted. The design and location of the portable sign(s) shall be reviewed and approved by the Development Services Department via a Sign Architectural Design Review Application. An Encroachment Permit shall be obtained from Engineering Services and renewed annually for the placement of the portable sign(s) on the public sidewalk. -3- 1860 8. This approval of CUP 12 -11 includes parking modifications for 13 spaces in lieu of 17 spaces required, a 22 -foot backout distance in lieu of 25 feet required, and elimination of wheel stops. This is not an approval of a general reduction of the parking space requirements for the subject commercial space, or the subject site, but only for the tutoring center approved by this Conditional Use Permit. The approval of the reduced backout distance and elimination of wheel stops is for the entire subject site. 9. The trash bin shall be stored in a trash enclosure, and the enclosure shall be covered in accordance with National Pollutant Discharge Elimination System Program and Storm Water Pollution Prevention Guidelines. 10. The use approved by CUP 12 -11 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 -11. 11. 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. 12. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 13. 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 -4- 1860 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. 14. Approval of CUP 12 -11 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 94" day of 6 ` , 2012. ATTEST: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney , Plan ng Commission -5- 1860 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. 1860 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 9th day of October, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, Falzone, and Chiao NOES: None ABSENT: Commissioner Parrille WI° :,►�er:ry of the Planning Commission