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HomeMy WebLinkAbout1881 RESOLUTION NO. 1881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 13-09 WITH A CLASS 3 EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 2,106 SQUARE FOOT YOGA STUDIO WITH A MAXIMUM OF 12 STUDENTS AT ANY ONE TIME AT 24 W. ST. JOSEPH STREET WHEREAS, on August 20, 2013, an application was filed by Ms. Kayla Stra to open a 2,106 square foot yoga studio at 24 W. St. Joseph Street; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under CEQA Article 19 Categorical Exemptions Section 15303 of the CEQA Guidelines; and WHEREAS, a public hearing was held by the Planning Commission on October 8, 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 October 8, 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 project will not be detrimental in any way to the public health or the surrounding area. A yoga studio is consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the C-M, Commercial Manufacturing Zones, a yoga studio is allowed with an approved Conditional Use Permit per Section 9275.1.49.1 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. The yoga studio will occupy a portion of an existing commercial building. The commercial property features parking, landscaping, walls, and other features typical of commercial development. Based on the proposed 12-student limitation, restricted operating hours, and minimum 30-minute interval between classes, the site is adequate for the proposed yoga studio. 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 site is located along St. Joseph Street and Rolyn Place. These streets are adequate to serve the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed yoga studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 13-09, subject to the following conditions: 1. There shall be no more than 12 students at any one time. 2. Class hours shall be limited to 6:00 a.m. to 9:00 p.m., Monday through Thursday; 6:00 a.m. to 5:15 p.m. on Fridays and Saturdays; and 6:00 a.m. to 8:30 p.m. -2- 1881 on Sundays. Classes shall be scheduled with a minimum 30-minute interval between the end of a class and the start of the next class. The specific class schedule shall be subject to the approval of the Community Development Administrator. 3. The existing trash/recyclables enclosure in the parking lot shall be upgraded with a roof to comply with National Pollutant Discharge Elimination System (NPDES) requirements. The design shall be subject to the review and approval of the Community Development Administrator, and a building permit shall be obtained for this work. 4. The use approved by CUP 13-09 is limited to a yoga studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13-09, 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, and/or the neighboring businesses and properties. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, 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 by the aforementioned City officials and employees, and may be subject to building permits. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 13-09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the yoga studio. -3- 1881 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 8. Approval of CUP 13-09 shall not take effect until the property owner(s), applicant, and business owner(s) and operator(s) have executed and filed an Acceptance Form with 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) -4- 1881 Passed, approved and adopted this 8th day of October, 2013. et? Ei ATTEST: Chairman, Planning Commission Se ,teary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- 1881 memommommunk 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. 1881 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 8th day of October, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Falzone, Parrille and Beranek NOES: None ABSENT: Commissioner Chiao Sry of the Planning Commission