Loading...
HomeMy WebLinkAboutItem 3a: Resolution No. 6867 - Vocational Training ProgramGPLlFOk1�*f9"j,J. f 1n ... V ... t,d A.gu 5, 19n3 STAFF REPORT Development Services Department DATE: May 7, 2013 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: RESOLUTION NO. 6867 DETERMINING THAT THE VOCATIONAL TRAINING PROGRAM AS PROPOSED TO BE OPERATED BY SOCIAL VOCATIONAL SERVICES, INCORPORATED, AT THE FIRST FLOOR OF 225 EAST SANTA CLARA STREET, SUBJECT TO CERTAIN CONDITIONS OF APPROVAL IS COMPATIBLE WITH THE PURPOSES OF THE COMMERCIAL PLANNED DEVELOPMENT -1 (CPD -1) ZONE Recommended Action: Adopt SUMMARY This request for a Determination of Use is to allow vocational training by Social Vocational Services, Incorporated, to operate from the first floor of 225 East Santa Clara Street — see the attached Aerial Map. This property is in the Commercial Planned Development -1 (CPD -1) Zone. There is only one area in the City of Arcadia that is zoned CPD -1. It extends from the Foothill Freeway, south to the railroad right -of -way, between Second and Fifth Avenues — see the attached map of the CPD -1 area. The uses permitted in the CPD -1 Zone are business and professional offices, financial institutions, limited retail uses, and certain uses subject to Conditional Use Permit. The CPD -1 regulations also provide for other uses not listed to be allowed if deemed by the City Council as compatible with the purposes of the CPD -1 Zone. Therefore, the applicant is requesting to have their vocational training program deemed compatible with the purposes of the CPD -1 Zone. The applicant is proposing to operate as follows: employ up to 20 service professionals and three administrative staff to train a maximum of 60 developmentally - disabled adults that will be transported to and from the site in a maximum of eight passenger vans. The training will be held from 7:00 a.m. to 4:00 p.m., Monday through Friday. The facility will be closed evenings, weekends, and State holidays. A brochure of their program is attached. It is recommended that the City Council adopt the attached Resolution Resolution No. 6867 - Vocational Training Program May 7, 2013 Page 2 of 6 No. 6867 to deem the applicant's specific vocational training program at the first floor of 225 East Santa Clara Street, subject to certain conditions of approval compatible with the purposes of the CPD -1 Zone. BACKGROUND The CPD -1 Zone was established in 1981 by Ordinance No. 1720 to facilitate the commercial development envisioned by the former Arcadia Redevelopment Plan for that specific area. The purpose of this Zone is stated as follows in Arcadia Municipal Code (AMC) Section 9260.1: The CPD -1 (Commercial Planned Development -1) Zone is intended to promote appropriate commercial land uses and to encourage the highest possible quality of design and environment, to coordinate developments on adjacent parcels of property, in order to achieve a functionally and visually integrated development. Standards, criteria and procedures are set forth in order to capitalize upon special qualities and opportunities while permitting the flexibility required to consider unique and imaginative designs. To accommodate the purposes of the CPD -1 Zone, the regulations allow for any use not listed to be requested to be deemed compatible by the City Council. This is much more expeditious than the processes for rectifying an Omission or Ambiguity (AMC Section 9213) or a Text Amendment (AMC Sections 9293.1 et seq.) Those processes require hearings before the Planning Commission and City Council and the adoption of a resolution or ordinance. The subject office development at 225 and 255 East Santa Clara Street was constructed in 2001, and is comprised of two, three (3) story, 21,673 square -foot office buildings atop a 150 - space, semi - subterranean parking area. There is also a 30 -space parking deck at the first floor level between the two buildings. The current tenant of the 7,449 square feet that the applicant intends to occupy is the Point Loma Nazarene University Graduate Program that was approved by Conditional Use Permit No. CUP 00 -005 on May 9, 2000. Attached is a copy of Planning Commission Resolution No. 1608 that granted CUP 00 -005. The University's business license expired on March 31, 2013, and they have not responded to the renewal notice that was sent on March 5, 2013. DISCUSSION Social Vocational Services, Incorporated, is a prospective tenant of the office building at 225 East Santa Clara Street. They plan to occupy the 7,449 square feet of leasable space on the first floor, employ up to 20 service professionals and three administrative staff to train a maximum of 60 developmentally - disabled adults who need assistance in gaining the experience and social skills Resolution No. 6867 - Vocational Training Program May 7, 2013 Page 3 of 6 necessary for successful independent work and community integration. Activities at the site will include computer training, exercise, games and indoor recreation, assembly work, and cooking. The clients will be transported to and from the program in a maximum of eight passenger vans. The training at this site will be held from 7:00 a.m. to 4:00 p.m., Monday through Friday. This facility will be closed evenings, weekends, and State holidays. Vocational training as a land use is not included as a permitted use in the CPD -1 Zone. However, the CPD -1 Zone provides for the City Council to deem any use as compatible with the purposes of the CPD -1 Zone as a professional office use, a limited retail use, an ancillary use incidental to a hotel, or a use subject to a Conditional Use Permit (CUP). The options available for the applicant's use are that it be considered a professional office use, a tutoring or educational center subject to a CUP, or that it be a separate use subject to a CUP. The vocational training cannot be considered a retail use or incidental to a hotel. The City Council may deem vocational training as a compatible professional office use to be allowed by -right everywhere in the CPD -1 Zone. This would not be appropriate because there are professional office buildings elsewhere in the CPD -1 Zone that would not be compatible locations for this proposed use. Those developments are the Arcadia Landmark Center, and the Arcadia Gateway Center, on the north and south sides, respectively, of East Huntington Drive. In addition to office uses, these centers include numerous retail shops and restaurants. While tutoring and educational centers may be allowed by CUP, large -scale educational centers would not be appropriate in either of these commercial centers. The City Council may deem vocational training a type of tutoring or educational center so as to be included in the uses subject to a CUP in the CPD -1 Zone, or may deem vocational training as a separate use subject to a CUP as compatible with the purposes of the CPD -1 Zone. Tutoring and educational centers are usually academic in nature. The applicant's brochure (attached) does not mention academic training; but rather, focuses on teaching life skills. As previously mentioned, large -scale educational centers should not be part of the two, mixed - commercial developments in the CPD -1 Zone. However, they may be and have been found to be appropriate in an office -only type of development in the CPD -1 Zone. The 7,449 square feet on the first floor of 225 East Santa Clara Street that the applicant intends to occupy, was part of the graduate program of the Point Loma Nazarene University that occupied the entire first and second floors of that building, and which was approved by Conditional Use Permit No. CUP 00 -005 — see the attached copy of Planning Commission Resolution No. 1608. A CUP can usually be assumed by another operator that will operate in essentially the same manner, and in accordance with the conditions of approval. The proposed vocational training is educational, Resolution No. 6867 - Vocational Training Program May 7, 2013 Page 4 of 6 however, notable differences are that it is not a graduate program, the hours of operation will be daytime vs. the evening focus of the previous user, and there will be other activities in addition to those that occur in the usual classroom setting. If the City Council deems vocational training as compatible with the purposes of the CPD -1 Zone as either a professional office use, or as a use subject to a CUP, the determination should be followed by a Text Amendment and Ordinance to properly codify the addition of the use in the CPD -1 regulations. Because the applicant is able to provide specific details of their proposed operation, an additional option available to the City Council, is to deem the applicant's particular proposal at the specific intended location to be compatible with the purposes of the CPD -1 Zone. In essence, the applicant could be allowed to operate at the first floor of 225 East Santa Clara Street, subject to the parameters they have provided, which are as follows: employ up to 20 service professionals and three administrative staff to train a maximum of 60 developmentally - disabled adults that will be transported to and from the site in a maximum of eight passenger vans for the vocational training that will be held from 7:00 a.m. to 4:00 p.m., Monday through Friday, with the facility being closed evenings, weekends, and State holidays. And, to facilitate this option, the applicant's request is being considered through a public hearing process. Approval of this option would be in place of a CUP to allow Social Vocational Services, Incorporated to operate as proposed, and with the following standard conditions of approval: 1. Any changes to the existing facility may be subject to permits after having fully detailed plans submitted for plan check review and approval such that all City requirements regarding disabled access and facilities, occupancy limits, building safety, fire suppression and prevention, health code compliance, emergency equipment, environmental regulations, 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. 2. 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 Resolution No. 6867 - Vocational Training Program May 7, 2013 Page 5 of 6 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. 3. Noncompliance with the plans, provisions and conditions of approval shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the training center. 4. Approval 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 any and all conditions of approval. It is recommended that the City Council adopt the attached Resolution No. 6867 to deem the applicant's specific vocational training program at the first floor of 225 East Santa Clara Street compatible with the purposes of the CPD -1 Zone, subject to the above conditions of approval. ENVIRONMENTAL ANALYSIS This project that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing structure involving negligible or no expansion of the existing office building, qualifies as a Class 1 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. PUBLIC NOTICE /COMMENTS While not required by the Arcadia Municipal Code, public hearing notices of this determination of use request were mailed on Friday, April 26, 2013, to the property owners and occupants of those properties that are within 300 feet of the subject property — see the attached 300 -foot radius map. As of Tuesday, April 30, 2013, staff has not received any comments or inquiries in response to the notices. Resolution No. 6867 - Vocational Training Program May 7, 2013 Page 6 of 6 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6867 determining that the vocational training program as proposed to be operated by Social Vocational Services, Incorporated, at the first floor of 225 East Santa Clara Street, subject to certain conditions of approval is compatible with the purposes of the Commercial Planned Development -1 (CPD -1) Zone. Approved- Dominic Lazzar City Manager Attachments: Aerial Map of 225 E. Santa Clara Street Zoning Map of CPD -1 Area Brochure from Social Vocational Services, Inc. Planning Commission Resolution No. 1608 Preliminary Exemption Assessment 300 -foot Radius Map City Council Resolution No. 6867 Ir !T Q Awl, do I W,frr I ri- 225 E. Santa Clara St. Em1powermew & Dig�diy SVS 1\\TOR TH EAST VALLEY SodaIl Through Inclusio n PROGRAM OFFICES I -Aw Participating CCornrnutzity mplo e s Lanter-man Develop ent.& Center City of La Puente City of Rancho Cucamonga City of La Verne Lowe's Sierra Honda Wendy's Restaurant Qua -Htyj Toyota godexo SVS WELCOMES YOUR ffNQLIYRLS Anaheim Office 245 West Cerritos Ave. Anaheim, CA 92805 (714) 239 -2040, Fax (714) 239 -2041 Claremont Office 601 West Foothill Blvd., Suite 100 Claremont, CA 91711 (909) 625 -0420, Fax (909) 625 -0429 Diamond Bar Office 22632 Golden Springs Dr., Suite 105 Diamond Bar, CA 91765 (909) 396 -5166, Fax (909) 396 -5160 Irwindale Office 5240 Irwindale Ave., Suite G Irwindale, CA 91706 (626) 960 -1828, Fax (626) 960 -6505 SVS Corporate Office 3555 Torrance blvd Torrance, CA 90505 (310) 944 -3303 www. socialvocational services. org our mission She mission of Sociaf VocationafSen*es is to provide the training and support necessary for those who participate in its services to achieve their social recreational vocational and residentialgoals. 1. ABOUT SVS... Social Vocational Services (SVS) is a California nonprofit organization incorporated in 1978. SVS serves adults with developmental disabilities in both community and facility settings. SVS assists consumers to lead healthy and productive lives within the community, helping to enhance their self - esteem and offering the opportunity for personal growth. SVS programs are designed for adults who need assistance in gaining the experience, training or social skills necessary for successful independent work and community integration. All programs are guided by the principle of normalization and are designed to allow persons with developmental disabilities the opportunity to spend their daytime hours in vocational and non - vocational pursuits that, as closely as possible, approximate those of their non - disabled peers. To this end, many SVS activities occur in natural environments in the community. SVS, however, is also licensed to provide site based training and activities. Consumers who have special needs may spend most or all of their time in the facility depending on the activity, their individual choice and needs. The focus of site based training is to provide meaningful activities that encourage participation, enjoyment, learn- ing and personal growth. Typical on -site program activities include art projects, exercise, internet communication, assembly work, cooking, indoor games and recreation and personal style enhancement. Typical community activities include paid work, various outdoor sports ,shopping for program activity needs, cultural entertainment and environmental appreciation. Supported Employment provides jobs in the community for individuals or groups. All SVS programs are funded by the State of California through the service fees paid by Regional Centers or the State Department of Rehabilitation. EVE sere pk(es Community Intl lslo➢g Services Claremont Diamond Bar Irwindale Serving individuals who require a close (1:3) staff -to- client ratio. .k Basic functional and social skills training, paid and/or volunteer work experience. Community ac- tivities based on individual clients' choice and need. * Regional Center funded. Supported Employment Group and Individual Placements Anaheim Claremont Diamond Bar Irwindale Up to an eight hour work day Dept. of Rehabilitation/RC funded - Salary/benefits paid by SVS or Employer * Job Coach provides training as needed 1 to 3 consumers with an SVS job coach working at integrated job sites RESOLUTION NO. 1608 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AND GRANTING CONDITIONAL USE PERMIT NO. CUP 00 -005 TO ALLOW A GRADUATE SCHOOL TO OCCUPY THE FIRST AND SECOND FLOORS (14,060 SO. FT.) OF THE PROPOSED 20,772 SQUARE FOOT, THREE -STORY OFFICE BUILDING TO BE DEVELOPED AT 225 E. SANTA CLARA STREET. WHEREAS, on April 4, 2000, an ' application was filed by Point Loma Nazarene University for a Conditional Use Permit and parking modification to allow a graduate school with a maximum attendance -of 200 students to occupy the first and second floors (14,060 sq. ft.) of the proposed 20,772 square foot, three -story office building; Development Services Department Case No. CUP 00 -005, to be located at 225 E. Santa Clara Street, more particularly described as follows: Lots 1 & 2 of Parcel Map 21841 in the City of Arcadia, County of Los Angeles, State of California, as recorded in Book 241, Pages 2 & 3 of Parcel Maps in the Office of the Recorder of said County. WHEREAS, a public hearing was held on May 9, 2000, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached revised report dated May 9, 2000 is true. and correct. SECTION 2. This Commission finds: 1. That the granting of the Conditional Use Permit will not be detrimental to the public health or welfare, nor injurious to the property or improvements in the zone or vicinity. 2. That the use, applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site, or sites for the proposed use are 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. 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. 5. That the subject property is designated for . Mixed Use — Commercial /Multiple Family in the General Plan, that the proposed use is consistent with that designation, and that the granting of the Conditional Use Permit will not adversely affect the comprehensive general plan. 6. That the evaluation of the environmental impacts as set forth in the initial study are appropriate and that the project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970, and, when considering the project as a whole, there was no evidence before the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and therefore, a Negative Declaration is adopted. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 00 -005 for a Conditional Use Permit and parking modification to allow a graduate school with a maximum attendance of 200 students to occupy the first and second floors (14,060 sq. ft.) of the proposed 20,772 square foot, three -story office building to be developed at 225 E. Santa Clara Street, subject to the following conditions: 1. The university shall be limited to graduate studies, and its facilities and the site shall be operated and maintained in a manner that is consistent with the plans submitted and approved for CUP 00-005 subject to the satisfaction of the Community Development Administrator, including, but not limited to the following: a. Attendance in all classes at any one time at this facility shall be limited to a maximum of 200 students. b. Attendance in all classes for the hours of 4:30 p.m. to 6:00 p.m. on weekdays shall be limited to a cumulative maximum of 100 students. After the property has been fully developed and occupied, this condition may be revised through a public hearing, but without any additional fees. -2- 1608 2. All local code requirements regarding accessibility, construction, fire protection, occupancy, safety, and water services shall be complied with to the satisfaction of the Building Official, the Fire Marshall, and the Public Works Services Director, including, but not limited to the following: a. Installation of an NFPA 13 (1996 Edition) Automatic Fire Sprinkler System by a State Licensed C -16 contractor with all sprinkler heads to be quick response type heads and all underground work to be in accordance with NFPA 24. b. A fire hydrant must be located on the same side of the street and within 150 feet of the on -site fire department connection for the subject building. c. -The automatic fire sprinkler system must be monitored by a central station with all fire alarm transmissions to be fully addressable to the central station, and a certified copy of the central station monitoring contract shall be provided before final inspection sign -off and occupancy. d. Fire alarm room must be marked and the sign on the door must indicate Fire Alarm Room. e. Install a NFPA 72 Fully Automatic and Fully Addressable fire alarm system that provides a complete life safety system for the entire structure with all components reporting to a central station. areas. f. Provide, if necessary, a Knox Box or Boxes for access to any restricted 3. A Modification for 81 parking spaces in lieu of 129 spaces is granted for this Conditional Use Permit for the subject 14,060 square feet of the first and second floors of the 3 -story office building.. This Modification does not constitute an approval for a general reduction of the parking requirement for the subject space and/or office complex, but rather only for the specific use approved by this Conditional Use Permit. 4. Approval of CUP 00 -005 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the ). conditions of approval. -3- 1608 5. All conditions of approval shall be complied with prior to completion and occupancy of the tenant improvements for the university. Noncompliance with the plans, provisions and conditions of CUP 00 -005 shall constitute grounds for immediate suspension and/or revocation of any approvals, which could result in cessation of classes. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of May 9, 2000, . by the following vote: AYES: Commissioners Huang, Kalemkiarian, Murphy, Sieeter and Bruckner NOES: None ABSENT: None SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution No. 1608 was adopted at a regular meeting of the Planning Commission held on May 9, 2000, by the following vote: AYES: Commissioners Huang, Kaiemkiarian, Murphy, Sieeter and Bruckner NOES: None ABSENT: None Chair n, P nning Commission Z' City Arcadi ATTIEST:. Secretary, Planning emission City of Arcadia AP ROVED AS TO FORM: Steph n P. Deitsch, City Attorney City of Arcadia -4- 1608 F OOjy1FOR,y� PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) om�oitYo[%��a 1. Name or description of project: Determination that vocational training by Social Vocational Services, Inc. at the 1St floor of 225 E. Santa Clara St. is compatible with the purposes of the Commercial Planned Development -1 (CPD -1) Zone. 2. Project Location — Identify street address and cross streets or attach 225 E. Santa Clara St. a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by Arcadia, CA 91006 Cross streets are 2 "d Avenue and Fifth Avenue quadrangle name): 3. Entity or person undertaking project: A. B. Other (Private) (1) Name ! Susan Copley- Leonhardt Director of Business Administration Social Vocational Services, Inc. (2) Address 1401 Fulton St., Suite 510 Fresno, CA 93721 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 1 — Section 15301 — Consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing structure involving negligible or no expansion of the existing office building. f. ❑ The project is statutorily exempt. _ Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: April 26, 2013 Staff.--- .. JimfKasama, Community Development Administrator Preliminary Exemption Assessment FORM "A" 29 c)o 27 29 23 22 26 9 2 22 21 8 14 15 13 8 9 10 11 12 13 7- ST JOSEPH SANTA CLARA li28'' 29 27 26 9 2 22 21 8 10 13 14 1 1:5 9 m 9 4-- a + SANTA CLARA D ST - � z N GC MAPPING SERVICE, INC. 3055 WEST VALLEY BOULEVARD ALHAMBRA CA 91803 (626) 441 -1080 FAX (626) 441-8850 13 � 14 � 15 Ln 16 :E CD < < - �jl yes \V > 6\ 0 z 7 2 SIVAI A A ■ 1000 ftl LEGEND O OWNERSHIP NO. ti OWNERSHIP HOOK ------------------ Ln -------------- 0 >- 0 U >- U Nli CASE NO. DATE: 04-24-2013 SCALE: I" = 100' OWNERSHIP MAP RENEW co 9 2 22 21 20 1 m 9 4-- a + D ST - � z N GC MAPPING SERVICE, INC. 3055 WEST VALLEY BOULEVARD ALHAMBRA CA 91803 (626) 441 -1080 FAX (626) 441-8850 13 � 14 � 15 Ln 16 :E CD < < - �jl yes \V > 6\ 0 z 7 2 SIVAI A A ■ 1000 ftl LEGEND O OWNERSHIP NO. ti OWNERSHIP HOOK ------------------ Ln -------------- 0 >- 0 U >- U Nli CASE NO. DATE: 04-24-2013 SCALE: I" = 100' OWNERSHIP MAP RENEW RESOLUTION NO. 6867 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT THE VOCATIONAL TRAINING PROGRAM AS PROPOSED TO BE OPERATED BY SOCIAL VOCATIONAL SERVICES, INCORPORATED, AT THE FIRST FLOOR OF 225 EAST SANTA CLARA STREET, SUBJECT TO CERTAIN CONDITIONS OF APPROVAL IS COMPATIBLE WITH THE PURPOSES OF THE COMMERCIAL PLANNED DEVELOPMENT -1 (CPD -1) ZONE WHEREAS, a determination of use was requested by Ms. Susan Copley- Leonhardt of Social Vocational Services, Incorporated, to have a proposed vocational training program deemed compatible with the purposes of the Commercial Planned Development -1 (CPD -1) Zone to allow the proposed vocational training program to be operated at the first floor of 225 East Santa Clara Street; and WHEREAS, on May 7, 2013, a public hearing was held before the City Council on said matter, and at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the associated staff report are true and correct, including the conclusion that this project is categorically exempt from further environmental assessment per the provisions of the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption per Section 15301 of the CEQA Guidelines. SECTION 2. That for the foregoing reasons this Council deems as compatible with the purposes of the Commercial Planned Development -1 (CPD -1) Zone, the vocational training program to be operated as follows by Social Vocational Services, Incorporated, at the first floor of the office building at 225 East Santa Clara Street: employ up to 20 service professionals and three administrative staff to train a maximum of 60 developmentally - disabled adults that will be transported to and from the site in a maximum of eight passenger vans for the vocational training that will be held from 7:00 a.m. to 4:00 p.m., Monday through Friday, with the facility being closed evenings, weekends, and State holidays, subject to the following conditions: 1. Any changes to the existing facility may be subject to permits after having fully detailed plans submitted for plan check review and approval such that all City requirements regarding disabled access and facilities, occupancy limits, building safety, fire suppression and prevention, health code compliance, emergency equipment, environmental regulations, 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. 2. 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 -2- 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. 3. Noncompliance with the plans, provisions and conditions of approval shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the training center. 4. Approval 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 any and all conditions of approval. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2013. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -3- Mayor of the City of Arcadia