HomeMy WebLinkAbout1864RESOLUTION NO. 1864
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT
APPLICATION NO. CUP 12 -15 FOR A 1,800 SQUARE -FOOT ART
STUDIO WITH A MAXIMUM OF 8 STUDENTS AT ANY ONE TIME AT 38
E. LIVE OAK AVENUE.
WHEREAS, on August 9, 2012, an application was filed by Ms. Many Lin for a
1,800 square -foot art studio with a maximum of 8 students at any one time at 38 E. Live
Oak Avenue, Development Services Department Case No. CUP 12 -15; and
WHEREAS, a public hearing was held by the Planning Commission on
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 report dated 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 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 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 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-
15 for a 1,800 square -foot art studio with a maximum of 8 students at any one time at
38 E. Live Oak Avenue, subject to the following conditions:
1. There shall be no more than eight (8) students and two (2) staff members at
any one time.
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2. Business hours shall generally be from 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.
3. Students, instructors, staff, and any employees of the art studio 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, staff, or employees,
and no queuing of vehicles shall occur in the parking lot.
4. The use approved by CUP 12 -15 is limited to an 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 -15, 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, rights -of -way,
the environment, and /or the neighboring businesses or properties.
5. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, environmental regulation compliance, 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. Any changes to the existing facility may be subject to having fully
detailed plans submitted for plan check review and approval.
6. Noncompliance with the plans, provisions and conditions of approval for CUP
12 -15 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art studio.
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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
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 -15 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.
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Passed, approved and adopted this
ATTEST:
APPROVED AS TO FORM:
r
0. 1
Step en P. Deitsch
City Attorney
day of ativbeic/ , 2012.
Chairman, Plann ng Commission
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. 1864 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
Secr
of the Planning Commission