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HomeMy WebLinkAboutItem 3RESOLUTION NO. 1868 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 13 -01 FOR A 5,775 SQUARE -FOOT TUTORING CENTER WITH A MAXIMUM OF 55 STUDENTS AND 3 STAFF MEMBERS AT ANY ONE TIME AT 220 S. FIRST AVENUE. WHEREAS, on January 2, 2013, an application was filed by Ms. Janice Yen for a 5,775 square -foot tutoring center at 220 S. First Avenue, Development Services Department Case No. CUP 13 -01; and WHEREAS, a public hearing was held by the Planning Commission on March 12, 2013 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 March 12, 2013 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 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 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 tutoring center will not significantly increase traffic to and from the subject commercial area and the surrounding streets are all adequate for more than the 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 13 -01 for a 5,775 square -foot tutoring center with a maximum of 55 students and 3 staff members at any one time at 220 S. First Avenue, subject to the following conditions: 1. There shall be no more than 55 students and 3 staff members at any one time. Students shall be divided into multiple class sessions with no more than 30 students attending any one class session. -2- 1868 2. Class times shall be limited to 3:00 p.m. to 9:30 p.m., Monday through Friday, and 9:00 a.m. to 7:15 p.m. on Saturday and Sunday, except for a 9 -week period during the summer when the class times shall be limited to 9:00 a.m. to 7:15 p.m., seven days a week. 3. There shall be a minimum of 45 minutes between the starting and ending times of the different class sessions, and a minimum of 30 minutes between the pick -up and drop -off times of the different class sessions. The specific class schedule shall be subject to the approval of the Development Services Department. 4. Students shall be limited to Kindergarten through 8th grade. No students of driving age shall be permitted at this tutoring center. 5. To avoid any queuing in the adjoining parking lot, the operator of the tutoring center shall require all vehicles picking -up or dropping -off students to enter the on -site parking lot via the access alley. The parents or guardians of the students shall be required to sign a form agreeing to this provision to be kept on file at the tutoring center. 6. Students and staff of the tutoring center 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. 7. The on -site parking lot shall be used for pick -up and drop -off of students attending the tutoring center on the subject property only. The parking lot shall not be used to pick -up or drop -off students attending the adjacent tutoring center at 222 S. First Avenue. 8. This approval of CUP 13 -01 includes a parking modification for reduced parking stall sizes and waiving of the landscaping requirements. This is not an approval of a general reduction of the parking requirements for the subject commercial space, or -3- 1868 the subject site, but only for the tutoring center that is approved by this Conditional Use Permit. 9. The access easement between the subject property and the adjoining property at 234 S. First Avenue shall remain in effect as long as this tutoring center is in operation. Access between the two parking Tots shall remain open and unblocked. 10. A new trash /recyclables enclosure shall be constructed on -site in the rear parking lot. The enclosure shall be fully roofed to comply with NPDES requirements. The design, size, and specific location of the enclosure shall be subject to the review and approval of the Development Services Department. 11. Existing minor damage to the front of the building shall be repaired and /or repainted so no damage or discoloration is visible from the public right -of -ways. 12. The use approved by CUP 13 -01 is limited to this tutoring center, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13 -01, 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. 13. 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. 14. Noncompliance with the plans, provisions and conditions of approval for CUP 13 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. -4- 1868 15. 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. 16. Approval of CUP 13 -01 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. [SIGNATURES ON NEXT PAGE] -5- 1868 Passed, approved and adopted this day of , 2013. ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Chairman