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HomeMy WebLinkAboutItem 1 4 oFFO yC9 ,pay IV 11:0> ��nity°t� STAFF REPORT Development Services Department DATE: August 12, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Jordan Chamberlin, Assistant Planner SUBJECT: RESOLUTION NO. 1908 — CONDITIONAL USE PERMIT NO. CUP 14-01 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A 6,617 SQUARE FOOT TRADE SCHOOL WITH A 3,070 SQUARE FOOT UNION OFFICE IN AN EXISTING 9,687 SQUARE FOOT INDUSTRIAL BUILDING ZONED M-1 (PLANNED INDUSTRIAL DISTRICT) AT 11818 CLARK STREET Recommended Action: Find that this project qualifies as a Class 1 Categorical Exemption from CEQA, approve Conditional Use Permit No. CUP 14-01, and adopt Resolution No. 1908 SUMMARY The applicant is requesting approval of a Conditional Use Permit to operate a 6,617 square foot brick mason apprenticeship trade school with a 3,070 square foot union office in an existing 9,687 square foot industrial building zoned M-1 (Planned Industrial District) at 11818 Clark Street (dba: Bricklayers & Allied Craftworkers Local No. 4) — see the attached aerial photo, photos of the site, and proposed plans. It is recommended that the Planning Commission find that this project qualifies as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA), approve CUP 14-01, subject to the conditions listed in this staff report, and adopt the attached Resolution No. 1908. BACKGROUND APPLICANT: Mr. Robert Collins, Representative for the Bricklayers & Allied Craftworkers Local No. 4 LOCATION: 11818 Clark Street REQUEST: A Conditional Use Permit to operate a 6,617 square foot brick mason apprenticeship trade school with a 3,070 square foot union office in an existing 9,687 square foot industrial building zoned M-1 (Planned Industrial District) SITE AREA: 19,263 square feet (0.44 acre) FRONTAGE: 150 feet along Clark Street EXISTING LAND USE & ZONING: The site is developed with a 9,687 square foot; two-story industrial building that was built in 1989. The building is divided into two units. Unit A is currently vacant. Unit B is occupied by an import automotive wholesaler that will be relocating to a new location. The site is zoned M-1, Planned Industrial District. SURROUNDING LAND USES & ZONING: North: Livingston-Graham Sand and Gravel Mine — zoned M-1 South: Two-story, industrial Building — zoned M-1 East: Two-story, industrial Building — zoned M-1 West: Two-story, industrial Building — zoned M-1 GENERAL PLAN DESIGNATION: Industrial (Maximum 0.5 Floor Area Ratio) — The Industrial designation provides for an array of warehouse, distribution, manufacturing, and assembly uses in appropriate locations. DISCUSSION The applicant is requesting a Conditional Use Permit to occupy the 9,687 square foot, industrial building and operate a 6,617 square foot brick mason apprenticeship trade school with a 3,070 square foot union office.— see the attached floor plan. The building will be remodeled to accommodate the apprenticeship trade school. The proposed brick mason apprenticeship trade school is operated by the Brick Masons Apprenticeship Training Trust, a non-profit organization. The trade school will offer 11, four- week courses that cover topics relating to brick, block, marble, and stonemasonry. The trade school will operate from 7:00 a.m. to 4:00 p.m. Monday through Friday. There will be three full time employees and a maximum of twelve students per course for a maximum of fifteen people at any given time. The students will construct small projects in the building to practice the skills learned throughout the program. These projects will be disassembled daily and the materials will be reused as many times as possible before being disposed of and/or recycled per the State of California Environmental Protection Agency Standards (CaIEPA). The trade school and union office have an interdependent relationship. The union represents members at all stages of their careers, from apprentice through journeyman. Membership with the union is required to enter into the apprenticeship training program. The union monitors the apprentices throughout their training, tracks their progress, and begins placing them in jobs according to their acquired skills and abilities. The union maintains membership information, tracks employment and job locations, and places members with available employment. A minimum of two safety training programs are CUP 14-01 11818 Clark Street August 12, 2014 — Page 2 of 7 provided by the union with the apprenticeship program. The safety training would occur in the training area of the union office portion of the building. The union offices will be internally connected with the trade school's areas, and will be open from 7:00 a.m. to 4:00 p.m. Monday through Friday. There will be five employees, and monthly union meetings are held on the third Thursday of each month from 5:00 p.m. to 7:00 p.m. Union meetings currently draw ten to twelve people, including employees. A Conditional Use Permit is required to operate a trade school in the M-1 zone. The M-1 Zone also allows office space as an incidental use with a limit of 25% for it to be parked at the industrial ratio of 2 spaces per 1,000 gross square feet. If the office space exceeds 25% of the floor area of the business, the required parking for the excess office area is four spaces per 1,000 square feet. The proposed 3,070 square feet of union office is approximately 32% of the building's floor area. The entire union office's required parking has been calculated using the four per 1,000 ratio. The trade school with a union office is compatible with the M-1 zone. As conditions of approval, it is recommended that it be stated that no future tenant can operate a standalone office use, and that the union office be limited to no more than 3,070 square feet to ensure that the use of the building remains primarily industrial in nature. The applicant is also proposing to restripe the existing parking area and provide 22 parking spaces, including one handicapped parking space —see the attached site plan. The parking requirements for the proposal are as follows: • Trade school — 1 space per employee plus 1 space for every 3 students • Union office —4 spaces per 1,000 square feet of gross floor area Based on the proposal, a total of 20 on-site parking spaces are required per Code, seven for the trade school and 13 for the union office. The proposal will exceed the required parking, therefore, a Parking Modification is not required as part of this application. The existing trash and recyclables enclosure is required to be upgraded with a roof to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES). FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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. Facts to Support the Finding: The proposed use is to be operated as a brick mason apprenticeship trade school and union office. The trade school will provide instruction for brick, block, marble, and stonemasonry. The union office will function as incidental office space. These uses will not be detrimental to the public health or welfare, or the surrounding properties. These uses, with the recommended conditions of approval, are CUP 14-01 11818 Clark Street August 12, 2014 — Page 3 of 7 consistent with the M-1, Planned Indgstrial District Zoning and General Plan Land Use Designations of the site, and will not conflict with the other uses in the area. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Facts to Support the Finding: In the M-1, Planned Industrial District Zone, a trade school is allowed with an approved Conditional Use Permit per Section 9275.1.55.1 of the Arcadia Municipal Code. The M-1 Zoning allows incidental offices per section 9266.1.5 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. Facts to Support the Finding: The applicant intends to occupy and remodel the 9,687 square-foot, two unit, industrial building into a trade school with a union office. The parking lot is to be restriped to provide 22 parking spaces, including one handicapped space. The property features lighting, fences, landscaping, and other improvements typical of industrial developments, and facilities such as the existing trash and recyclables enclosure will be upgraded to meet current environmental regulations. The site is adequate for the proposed trade school with a union office. 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. Facts to Support the Finding: The site is located along Clark Street, which is a 55- foot wide local road, is adequate to carry 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. Facts to Support the Finding: The trade school will provide training relating to brick, block, marble, and stonemasonry. Students will build small masonry projects that are disassembled daily. The activities that will take place at the trade school are consistent with the allowable uses described in the General Plan. With the recommended condition of approval that will limit the amount of office use square footage and prohibit a standalone office use, the proposed use of the property will remain primarily industrial, which is consistent with the Industrial General Plan Land Use Designation of the site. The proposed project, with the recommended conditions of approval, will satisfy each prerequisite condition, and 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, or their respective CUP 14-01 11818 Clark Street August 12, 2014— Page 4 of 7 designees. Any changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility. A Preliminary Exemption Assessment is attached to this staff report. It is recommended that the Planning Commission find that this project is exempt from CEQA. PUBLIC NOTICE/COMMENTS Public hearing notices for CUP 14-01 were mailed on July 31, 2014 to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property — see the attached radius map. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. As of August 6, 2014, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 14-01, subject to the following conditions: 1. There shall be no more than 12 students at any one time. 2. The business hours for the trade school shall be limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. 3. The business hours for the union office shall be limited to 7:00 a.m. to 4:00 p.m., Monday through Friday; and 7:00 a.m. to 7:00 p.m. on one day of every month for a union meeting. 4. The property owner/applicant shall restripe the parking lot to comply with Code requirements prior to the issuance of a Certificate of Occupancy or a City Business License for the trade school. 5. The union office use shall be incidental to the trade school, and limited to no more than 3,070 square feet. The property owner/applicant, or any future occupant shall not operate a standalone office use. 6. The property owner/applicant shall remove and replace areas of damaged sidewalk, curb, and gutter per City Standards to the satisfaction of the City Engineer. 7. The property owner/applicant shall install a knox box at the front entrance gate, subject to approval by the City Fire Marshal. r CUP 14-01 11818 Clark Street August 12, 2014— Page 5 of 7 8. The property owner/applicant shall hpve the building fire alarm system inspected and certified by a qualified contractor to the satisfaction of the City Fire Marshal. 9. The existing trash/recyclables enclosure shall be upgraded by the property owner applicant to be fully roofed and to fully comply with NPDES requirements prior to a Certificate of Occupancy. The design shall be subject to the approval of the Community Development Administrator or designee. 10. The use approved by CUP 14-01 is limited to an apprenticeship trade school with incidental union office space. The trade school and union office shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-01, 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, rights-of-way, and/or the neighboring businesses and properties. 11. 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Any changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, or designees. 12. Noncompliance with the plans, provisions and conditions of approval for CUP 14-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the trade school and union office. 13. 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. 14. Approval of CUP 14-01 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant has executed and filed with the Community Development Administrator or designee an CUP 14-01 11818 Clark Street August 12, 2014 — Page 6 of 7 Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 14-01 stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1908 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 14-01, state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 12, 2014 hearing, please contact Assistant Planner, Jordan Chamberlin at (626) 821-4334, or jhamberlin@ArcadiaCA.gov. Approved: 4°.1. Jim Kasama Community De lopment Administrator Attachments: Aerial Photo with Zoning Information Photos of the Subject Property and Surrounding Properties Site Plan and Floor Plan Preliminary Exemption Assessment 300-foot Radius Map Resolution No. 1908 CUP 14-01 11818 Clark Street August 12, 2014 — Page 7 of 7 L'1' ' A III A 0 '.., Site Address: 11818 CLARK ST Property Owner(s): LOCAL 4 CA OF THE INTERNATIONAL UNION OF BRICKLAYERS sw d 4) , , iF , .. .. ,, , ,-, ..., , 4.y ! } - ,t14, ,,, .„ --kkftot, , , i. A „ 111147, : b I 4,„ ----- . t -41,1000. ' r "443' ' .. , ii 4--,.- 7 ' ,,,,- ' Alb ,1 11/ • 4 R ,,,,,$: , 4, ,I k° ab, Lit Selected parcel highlighted CIO Property Characteristics Zoning: M-1 General Plan: I Lot Area (sq ft): 19,263 a Main Structure / Unit(sq. ft.): 9,687 °`�.. Year Built: 1989 -1 Number of Units: 1 ` �yL Overlays Parking Overlay: n/a 4 Downtown Overlay: n/a Special Height Overlay: n/a Architectural Design Overlay: n/a Parcel location within City of Arcadia'! This map is a user generated static output from an Internet mapping site and is for Report generated 06-Aug-2014 reference only. Data layers that appear on this map may or may not be accurate,current, page 1 of 1 or otherwise reliable. i r ,t .- :*- .,,,:4 , ...II, pit. , ., .,, ,. .. , .,,,,t, ,.. .n Photo of subject property at 11818 Clark Street looking southeast bra. �F ,. .h. g''t gam: et ' ' ; %-^ ti, 4'e a 4 t-4-,: c ■4"„, ,kpi ,'' +":p, •; * mar"�" t,r v4.- i, xa 4.;-. a yeqi.eg-42+� :4'.. p "'ii' , ' , ,n A m '7=7=7-:---7"-- -74'-',.^,i''' w { N 044. am ../..,„.... 'y ° �. 4�`:.: Photo of subject property at 11818 Clark Street looking south ' e rs ti, • < • Photo of subject property at 11818 Clark Street looking southwest ' .a p1� 1r , f' �M« Photo of neighboring property to the west, 11800 Clark Street amr, ' 'I g . . a s hfi ` ,. v i` � ', 1 * ..A I Photo of Livingston-Graham Sand and Gravel Mine located to the northwest, north, and northeast of the subject property 4 \ ,Y .- t • . .r'; �` s r . j „. ::11/1, 1' • 4. 110.:,ss1,0tp.n n.i a.r !r':'-.. 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O w N O'N L O 2 g O YQW �j Z¢ zaa� Ka °FFCC =¢ Z c� LL C� Ow F°OVA UQ O " ON O W W w? qq —5°- N W � Rs W tZ WO g2E m o§ - ui CO'1_° z � " °-Ix LL m Cn = A-.3 s9 nm gy"'3 m6r,Z.-' �0 N W f� ? 7w ti to ° �i°1 _ 2z < < dm-� Km...,- Wa a" U Oa aO Q wwO N� y66 I2 Q 6 I QZ a 3R a Q d C N - N? .- (S K O �"'" �7 U O m I g ' iz o iT ' A -TT_Tfil m mil -- _ l� rFA in �J r u z � dD III lit -' N �J III III it i 1 9!i F tl I , 11 if 1 ig it4: ii U z a ¢ ` . 1 F- __, 2 z a 0 o LL w F a co d_ r x w U o St o o m a 4.1 ft- 2 N 1 III' _ F7 _ - • w w■ (�� p C g Ej c) is :='%m L -' ,,- w .I JO g w -y • U f--d 111 • PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit No. CUP 14-01 to allow A 6,617 square foot trade school with a 3,070 square foot union office in an existing 9,687 square foot industrial building zoned M-1 (Planned Industrial District) 2. Project Location— Identify street 11818 Clark Street(between Kardashian Avenue and Varus address and cross streets or Street) attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking A. project: B. Other(Private) Bricklayers &Allied Craftworkers Local No. 4 (1) Name Mr. Robert Collins (2) Address i 11818 Clark Street Arcadia, CA 91006 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: 15301 (Class 1, Use Of An Existing Facility) 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: August 6, 2014 Staff: Jordan Chamberlin, Assistant Planner Preliminary Exemption Assessment FORM "A" s co N f m g o N H F F =s J V ¢ = ^i UK uZ a z < V D U Z e f z ce co 1-1 d w �- N J E� 11/ V) H >Z x a o w °' 4 w ¢ o ore o Q W t2-a S a ? m n^ p z d + W zo E wup L❑ z11 o °a a W p L- az W 8 UN NH H z�¢U c5ia w¢p F!ro!te - ¢m a �a rc h a m? c¢i ¢ L,` U N 'moo 's 8591 .R '/+ /2 IV t; / r/kV,',.:- -,,i' —. :: ,26P, , ''ie * / 141 114-144 I ; 8 697 l � :/e/91 e /_ ? r' i . 8/ , e e / B / ��, @ / `l\//ems r ' I/ � ` Ss/e/ r 0 ,syy9j //• ,,/9gr 2 . / f" , •rY vi./ // 0� �/ �.6 C© � seems eilr { ' e � s�I I , ' `B 7� sp/ 7 si/�` p ba3 dW III O 09rr " y e �N/O O fe/{ O r m a Y eyaz bp/a W t 4L1 � ' ,gym — /....,..,.. N 0...,oz ` /r� a _ w m , l ^ ❑ " 2' g a o/ O u° / s ®y 9° hSb155'•/ . p r ts.seC -q, r, / m' 1 6 e2 °y / �, •/. yet �,az nV 9 `°n S 42// 11111114:31/4/ 16.41184 r/ • 6g 0 c 1_ 2 'I'a O 't/ ee +l 11 f I Q' ry 1 ,;vt-,4014,4961:41 .. , t Att4,46,:0-,.. , RESOLUTION NO. 1908 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-01 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE A 6,617 SQUARE FOOT TRADE SCHOOL WITH A 3,070 SQUARE FOOT UNION OFFICE IN AN EXISTING 9,687 SQUARE FOOT INDUSTRIAL BUILDING ZONED M-1 (PLANNED INDUSTRIAL DISTRICT) AT 11818 CLARK STREET WHEREAS, on March 10, 2014 an application was filed by Mr. Robert Collins for a Conditional Use Permit to operate a brick mason apprenticeship trade school and union office at 11818 Clark Street, Development Services Department Case No. CUP 14-01; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under Article 19 of the California Environmental Quality Act (CEQA), Categorical Exemptions Section 15301 of the CEQA Guidelines; and WHEREAS, a public hearing was held by the Planning Commission on March 11, 2014, 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 August 12, 2014 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 use is to be operated as a brick mason apprenticeship trade school and union office. The trade school will provide instruction for brick, block, marble, and stonemasonry. The union office will function as incidental office space. These uses will not be detrimental to the public health or welfare, or the surrounding properties. These uses, with the recommended conditions of approval, are consistent with the M-1, Planned Industrial District Zoning and General Plan Land Use Designations of the site, and will not conflict with the other uses in the area. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the M-1, Planned Industrial District Zone, a trade school is allowed with an approved Conditional Use Permit per Section 9275.1.55.1 of the Arcadia Municipal Code. The M-1 Zoning allows incidental offices per section 9266.1.5 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 applicant intends to occupy and remodel the 9,687 square-foot, two unit, industrial building into a trade school with a union office. The parking lot is to be restriped to provide 22 parking spaces, including one handicapped space. The property features lighting, fences, landscaping, and other improvements typical of industrial developments, and facilities such as the existing trash and recyclables enclosure will be upgraded to meet current environmental regulations. The site is adequate for the proposed trade school with a union office. -2- 1908 4. That the site abuts streets and highways adequate in width and pavement . LZ type to carry the kind of traffic generated by the proposed use. The site is located along Clark Street, which is a 55-foot wide local road, is adequate to carry 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 trade school will provide training relating to brick, block, marble, and stonemasonry. Students will build small masonry projects that are disassembled daily. The activities that will take place at the trade school are consistent with the allowable uses described in the General Plan. With the recommended condition of approval that will limit the amount of office use square footage and prohibit a standalone office use, the proposed use of the property will remain primarily industrial, which is consistent with the Industrial General Plan Land Use Designation of the site. a SECTION 3. That for the foregoing reasons this Commission approves Conditional Use Permit No. CUP 14-01, subject to the following conditions: 1. There shall be no more than 12 students at any one time. 2. The business hours for the trade school shall be limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. 3. The business hours for the union office shall be limited to 7:00 a.m. to 4:00 p.m., Monday through Friday; and 7:00 a.m. to 7:00 p.m. on one day of every month for a union meeting. 4. The property owner/applicant shall restripe the parking lot to comply with Code requirements prior to the issuance of a Certificate of Occupancy or a City Business License for the trade school. -3- 1908 5. The union office use shall be incidental to the trade school, and limited to no more than 3,070 square feet. The property owner/applicant, or any future occupant shall not operate a standalone office use. 6. The property owner/applicant shall remove and replace areas of damaged sidewalk, curb, and gutter per City Standards to the satisfaction of the City Engineer. 7. The property owner/applicant shall install a knox box at the front entrance gate, subject to approval by the City Fire Marshal. 8. The property owner/applicant shall have the building fire alarm system inspected and certified by a qualified contractor to the satisfaction of the City Fire Marshal. 9. The existing trash/recyclables enclosure shall be upgraded by the property owner applicant to be fully roofed and to fully comply with NPDES requirements prior to a Certificate of Occupancy. The design shall be subject to the approval of the Community Development Administrator or designee. 10. The use approved by CUP 14-01 is limited to an apprenticeship trade school with incidental union office space. The trade school and union office shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-01, 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, rights-of-way, and/or the neighboring businesses and properties. 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental -4- 1908 regulation compliance, and parking and site design shall be complied with by the - property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Any changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, or designees. 12. Noncompliance with the plans, provisions and conditions of approval for CUP 14-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the trade school and union office. 13. 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. 14. Approval of CUP 14-01 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and _,. -5- 1908 applicant has executed and filed with the Community Development Administrator or designee 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 12th day of August, 2014. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: ' f e Stephen P. Deitsch City Attorney -6- 1908