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Development Services Department
DATE: August 26, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Associate Planner
SUBJECT: RESOLUTION NO. 1912 — CONDITIONAL USE PERMIT NO. CUP 14-05
WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A 1,200 SQUARE
FOOT TUTORING CENTER AT 912 S. BALDWIN AVENUE
Recommendation: Adopt Resolution No. 1912
SUMMARY
a"' The applicant is requesting approval of a Conditional Use Permit to operate a 1,200
square foot tutoring center in an existing 4,036 square foot commercial building at 912
S. Baldwin Avenue — see the attached aerial photo, photos of the site, and proposed
plans. It is recommended that the Planning Commission adopt the attached Resolution
No. 1912 that incorporates a finding that this project qualifies as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA), and the requisite
findings to approve CUP 14-05, and the conditions of approval listed in this staff report.
BACKGROUND
APPLICANT: Ms. Helen Wu
LOCATION: 912 S. Baldwin Avenue
REQUEST: A Conditional Use Permit to operate a 1,200 square foot tutoring center
in an existing 4,036 square foot commercial building
SITE AREA: 17,550 square feet (0.40 acre)
FRONTAGES: 70.14 feet along Baldwin Avenue and 20.61 feet along Fairview Avenue
EXISTING LAND USE & ZONING:
The site is developed with a 4,036 square foot, one-story commercial building
constructed in 1949. The building is divided into four units. The subject unit is
currently vacant. The other three units are occupied by a nail salon, a children's
barber shop, and a tattoo parlor. The site is zoned C-2, General Commercial.
SURROUNDING LAND USES & ZONING:
North: One-story, dental office — zoned C-2
South: One-story, retail building — zoned C-2
East: Two-story, multiple-family residential building — zoned R-3
West: One-story, retail building — zoned C-2
GENERAL PLAN DESIGNATION:
Commercial (0.5 FAR) — The Commercial designation is intended to permit a
wide range of commercial uses which serve both neighborhood and citywide
markets. The designation allows a broad array of commercial enterprises,
including restaurants, durable goods sales, food stores, lodging, professional
offices, specialty shops, indoor and outdoor recreational facilities, and
entertainment uses.
DISCUSSION
The applicant is requesting a Conditional Use Permit to operate a 1,200 square-foot
tutoring center within an existing 4-unit, 4,036 square-foot commercial building. The
interior of the subject commercial unit is proposed to be remodeled to have two
classrooms, one office, and two restrooms — see the attached floor plan. The maximum
building occupancy of the two classrooms (designated instruction areas) is 24 people,
which will accommodate 2 instructors and 22 students. Instruction shall be limited to
kindergarten through high school aged students.
The applicant has stated that she plans to utilize the larger classroom for instruction of
up to 12 students, primarily junior high and high school aged students. The smaller
classroom will be utilized as a study room for students waiting to be picked up by their
parents and will accommodate up to 8 students. Two staff will be present during
instruction. A sample class schedule is attached.
The subject property has a 19-space parking lot at the rear of the building. Access to
the parking lot is via a 20-foot wide driveway from Fairview Avenue and a 10-foot wide
driveway from Baldwin Avenue. In practice, ingress/egress from the Baldwin Avenue
driveway is not very functional due to the narrow width of the driveway, the traffic on
Baldwin Avenue, and low visibility of this entrance/exit. Therefore, access into and out
of the parking lot is primarily off of Fairview Avenue. The parking lot of the subject
property is connected to the adjacent 9-space dental office parking lot to the north.
However, this is a separate property for use by the dental office only with no shared
parking agreement, and therefore is not included in the parking analysis.
CUP 14-05
912 S. Baldwin Avenue
August 26, 2014 — Page 2 of 8
The existing uses in the subject commercial building have a parking requirement of
14.18 spaces. The subject 1,200 square-foot unit would have a parking requirement of
6 spaces as a retail use. The parking requirement for a tutoring center is one parking
space for each staff member, and one parking space for every three students. Based on
an occupancy load of up to 24 people for the proposed tutoring center, which will be 2
staff members and 22 students, the parking requirement is 9.33. The total parking
requirement for the whole building would be 24 spaces, which results in a parking
deficiency of 5 spaces.
The applicant and property owner have provided the attached parking survey that
covers a 2-week period to demonstrate the existing parking demand for this commercial
building. The survey indicates that the parking lot is underutilized with more than half of
the 19 parking spaces unused at all times. Staff's observations of the site also found
most of the parking spaces vacant. As such, there appears to be adequate parking
capacity to accommodate the proposed use.
To address other existing deficiencies at the property, the applicant and property owner
are proposing the following improvements as part of this proposal:
• Resurface and restripe the existing parking lot and driveways, which are in a
state of disrepair;
• Remove a storage container that is currently occupying one of the on-site parking
spaces;
• Construct a fully roofed trash and recyclables enclosure that is in compliance
with the National Pollutant Discharge Elimination System (NPDES), as there is
currently no enclosure on-site.
As additional condition of approvals, staff recommends that the applicant/property
owner be required to make the following improvements to the site as well:
• Provide an ADA compliant path of travel to each of the four on-site commercial
units, as the current accessible route requires the use of the 10-wide vehicular
driveway as the path of travel, which is not acceptable. An ADA path to the four
units can be provided either as a ramp leading from the parking lot to the rear
entrance of each of the four units, or by closing off the driveway approach from
Baldwin Avenue and converting the existing driveway to a pedestrian-only
pathway with an ADA compliant path of travel.
• Provide additional lighting of the rear parking lot, as currently the only lighting is
from wall lights mounted to the roof of the building, which do not provide
adequate lighting of the easterly portion of the parking lot.
CUP 14-05
912 S. Baldwin Avenue
August 26, 2014 — Page 3 of 8
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: As a commercial use, the proposed tutoring center
is consistent with the zoning and land use designation of the site and area, and with
conditions of approval, will not have any adverse impacts to the neighboring
businesses or properties. The proposed improvements to the property will be
beneficial to the site and surrounding 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 C-2, General Commercial Zone, a tutoring
center is allowed with an approved Conditional Use Permit per Section 9275.1.56 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 an
existing 1,200 square-foot, commercial unit. Based on the maximum occupancy load
of the proposed tutoring center and the current underutilization of the parking lot, the
on-site parking lot is adequate to accommodate the proposed use and the existing
other uses. The applicant/property owner will resurface and restripe the parking lot;
remove an unauthorized storage container, construct a new trash and recyclables
enclosure to meet current environmental regulations; provide an ADA compliant path
of travel to all four of the commercial units, and improve the lighting of the parking
lot.
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 Baldwin Avenue and
Fairview Avenue, which are adequate to carry the traffic expected to be generated
by the proposed use. To avoid any impacts to traffic flow along these streets, as a
condition of approval students will be required to be picked up and dropped off in the
rear parking lot, and to use the Fairview Avenue driveway to access the site.
CUP 14-05
912 S. Baldwin Avenue
August 26, 2014 — Page 4 of 8
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Facts to Support the Finding: A tutoring center is a commercial use consistent
with the Commercial General Plan Land Use Designation of the site. The activities
that will take place at a tutoring center are consistent with the allowable uses
described in the General Plan.
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 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 14-05 were mailed on August 15, 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 21, 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 14-05, subject to the following conditions:
1. Tenant improvements to the interior of the commercial unit shall be consistent with
the approved floor plan, and instruction shall only occur in those two classrooms.
2. The tutoring center shall not operate between the hours of 9:00 p.m. and 8:00 a.m.
3. Instruction shall be limited to kindergarten through high school aged students.
CUP 14-05
912 S. Baldwin Avenue
August 26, 2014 — Page 5 of 8
4. The tutoring center operator shall be responsible for requiring all pick-up and drop-
off of students to occur in the rear parking lot; that drivers enter and leave the site
via the Fairview Avenue driveway only; and that drivers park their cars in a
designated parking space when picking up and dropping off students. The tutoring
center operator shall provide the parents/guardians of each student with a
notification that stipulates these requirements.
5. The property owner/applicant shall remove the storage container located in the on-
site parking lot prior to the issuance of a Certificate of Occupancy or a City
Business License for the tutoring center.
6. The property owner/applicant shall resurface and 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 tutoring center.
7. The property owner/applicant shall construct a new fully-roofed trash and
recyclables enclosure in compliance with NPDES requirements prior to a Certificate
of Occupancy. The design shall be subject to the approval of the Community
Development Administrator or designee.
8. The property owner/applicant shall provide an ADA compliant path of travel to each
of the four on-site commercial units prior to the issuance of a Certificate of
Occupancy or a City Business License for the tutoring center. The path of travel
shall be provided either as a ramp leading from the parking lot to the rear entrance
of each of the four units, or by closing off the driveway approach from Baldwin
Avenue and converting the existing driveway to a pedestrian-only pathway with an
ADA compliant path of travel.
9. The property owner/applicant shall provide additional lighting of the rear parking lot
prior to the issuance of a Certificate of Occupancy or a City Business License for
the tutoring center. The location, design, and size of the lights shall be subject to
the review and approval of the Community Development Administrator or designee.
10. The property owner/applicant shall install a fully automatic and a manual fire alarm
system prior to the issuance of a Certificate of Occupancy or a City Business
License for the tutoring center.
11. The property owner/applicant shall remodel or replace the exit doors as needed so
that each exit door is equipped with either lever or panic type hardware prior to the
issuance of a Certificate of Occupancy or a City Business License for the tutoring
center.
12. The property owner/applicant shall provide a knox box adjacent to the front entry
door prior to the issuance of a Certificate of Occupancy or a City Business License
for the tutoring center.
CUP 14-05
912 S. Baldwin Avenue
August 26, 2014 — Page 6 of 8
13. The use approved by CUP 14-05 is limited to a tutoring center and shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14-05, 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.
14. 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.
15. Noncompliance with the plans, provisions and conditions of approval for CUP 14-05
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring center.
16. 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.
17. Approval of CUP 14-05 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 Acceptance Form available from the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
CUP 14-05
912 S. Baldwin Avenue
August 26, 2014 — Page 7 of 8
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 14-05 stating that the proposal
satisfies the requisite findings, and adopt the attached Resolution No. 1912 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 14-05, 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 26, 2014 hearing, please contact Associate
Planner, Tim Schwehr at (626) 574-5422, or tschwehr @ArcadiaCA.gov.
Approved:
Ji asama
mmunity Development Administrator
Attachments: Aerial Photo with Zoning Information
Photos of the Subject Property and Surrounding Properties
Site Plan and Floor Plan
Sample Class Schedule
Parking Survey
Preliminary Exemption Assessment
300-foot Radius Map
Resolution No. 1912
CUP 14-05
912 S. Baldwin Avenue
August 26, 2014 — Page 8 of 8
Site Address: 912 S BALDWIN AVE
Property Owner(s): TJADEN,CAROLA I TR CAROLA I TJADEN TRUST
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r-"* 240 W. HUNTINGTON DRIVE
#*, ARCADIA, CA 91007
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OP' PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit Application No. CUP 14-05 for a 1,200 square
foot tutoring center
2. Project Location—Identify street 912 S.Baldwin Ave.,Arcadia, CA 91007
address and cross streets or attach a (cross streets: Rolyn Place& Santa Anita Avenue)
map showing project site(preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
3. Entity or person undertaking project: A.
B. Other(Private)
(1) Name Helen Wu
(2) Address
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.
elibk 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: Section 15301
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 5,2014 Staff: Tim Schwehr,Associate Planner
Preliminary Exemption Assessment\2011 FORM "A"
1
are SUEMORENO PROJECT INFORMATION
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(626)350-5944
�s I."� 912 S. BALDWIN AVE.
OWNERSHIP!OCCUPANTS LIST
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RESOLUTION NO. 1912
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-05 WITH A CATEGORICAL EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A
1,200 SQUARE FOOT TUTORING CENTER AT 912 S. BALDWIN
AVENUE
WHEREAS, on June 3, 2014 an application was filed by Helen Wu for a
Conditional Use Permit to allow a 1,200 square foot tutoring center at 912 S. Baldwin
Avenue, Development Services Department Case No. CUP 14-05; 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 August
26, 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 26, 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. As a commercial use, the proposed tutoring center is consistent with the zoning
and land use designation of the site and area, and with conditions of approval, will not
have any adverse impacts to the neighboring businesses or properties. The proposed
improvements to the property will be beneficial to the site and surrounding area.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. In the C-2, General Commercial Zone, a tutoring
center is allowed with an approved Conditional Use Permit per Section 9275.1.56 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 an existing 1,200 square-
foot, commercial unit. Based on the maximum occupancy load of the proposed tutoring
center and the current underutilization of the parking lot, the on-site parking lot is
adequate to accommodate the proposed use and the existing other uses. The
applicant/property owner will resurface and restripe the parking lot; remove an
unauthorized storage container, construct a new trash and recyclables enclosure to
meet current environmental regulations; provide an ADA compliant path of travel to all
four of the commercial units, and improve the lighting of the parking lot.
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
Baldwin Avenue and Fairview Avenue, which are adequate to carry the traffic expected
to be generated by the proposed use. To avoid any impacts to traffic flow along these
streets, as a condition of approval students will be required to be picked up and dropped
off in the rear parking lot, and to use the Fairview Avenue driveway to access the site.
-2- 1912
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A tutoring center is a commercial use consistent with the
Commercial General Plan Land Use Designation of the site. The activities that will take
place at a tutoring center are consistent with the allowable uses described in the
General Plan .
SECTION 3. That for the foregoing reasons this Commission approves
Conditional Use Permit No. CUP 14-05, subject to the following conditions:
1. Tenant improvements to the interior of the commercial unit shall be
consistent with the approved floor plan, and instruction shall only occur in those two
classrooms.
2. The tutoring center shall not operate between the hours of 9:00 p.m. and
8:00 a.m.
3. Instruction shall be limited to kindergarten through high school aged
students.
4. The tutoring center operator shall be responsible for requiring all pick-up and
drop-off of students to occur in the rear parking lot; that drivers enter and leave the site
via the Fairview Avenue driveway only; and that drivers park their cars in a designated
parking space when picking up and dropping off students. The tutoring center operator
shall provide the parents/guardians of each student with a notification that stipulates
these requirements.
5. The property owner/applicant shall remove the storage container located in
the on-site parking lot prior to the issuance of a Certificate of Occupancy or a City
Business License for the tutoring center.
-3- 1912
6. The property owner/applicant shall resurface and 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 tutoring center.
7. The property owner/applicant shall construct a new fully-roofed trash and
recyclables enclosure in compliance with NPDES requirements prior to a Certificate of
Occupancy. The design shall be subject to the approval of the Community Development
Administrator or designee.
8. The property owner/applicant shall provide an ADA compliant path of travel
to each of the four on-site commercial units prior to the issuance of a Certificate of
Occupancy or a City Business License for the tutoring center. The path of travel shall
be provided either as a ramp leading from the parking lot to the rear entrance of each of
the four units, or by closing off the driveway approach from Baldwin Avenue and
converting the existing driveway to a pedestrian-only pathway with an ADA compliant
path of travel.
9. The property owner/applicant shall provide additional lighting of the rear
parking lot prior to the issuance of a Certificate of Occupancy or a City Business
License for the tutoring center. The location, design, and size of the lights shall be
subject to the review and approval of the Community Development Administrator or
designee.
10. The property owner/applicant shall install a fully automatic and a manual fire
alarm system prior to the issuance of a Certificate of Occupancy or a City Business
License for the tutoring center.
-4- 1912
11 . The property owner/applicant shall remodel or replace the exit doors as
needed so that each exit door is equipped with either lever or panic type hardware prior
to the issuance of a Certificate of Occupancy or a City Business License for the tutoring
center.
12. The property owner/applicant shall provide a knox box adjacent to the front
entry door prior to the issuance of a Certificate of Occupancy or a City Business License
for the tutoring center.
13. The use approved by CUP 14-05 is limited to a tutoring center and shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14-05, 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.
14. 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.
-5- 1912
15. Noncompliance with the plans, provisions and conditions of approval for
CUP 14-05 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
16. 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.
17. Approval of CUP 14-05 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 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 26th day of August, 2014.
-6- 1912
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
-7- 1912