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HomeMy WebLinkAboutItem 3 OF AIlC JJ°_CQol�t�� In.orpura rr❑ Au`usr 5.Ivla oa� lkv va +unity ott;o STAFF REPORT 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 a � � � `- * ; ,or ,� .. , " ,,. t fig{ ar' ,:,x ♦ #� �;. . d,• *, . ........-.4,„..r, ;,,,,,,,T,i,,,,:,,, , '4,,,y,:':1-4,, Air n. w • ,� y : 0 3.1 3 s ! t _ t ONOP 4, i , 4 t { d 4 .Fr R . «. se a Property Characteristics Selected parcel highlighted ,<!r/�/'�j�1 1 y Zoning: C-2 h ■�I//I1Hrmn►j . General Plan: C ff�''Llin 1noti~ " „, NIN;In4t1 91 3 W Lot Area (sq ft): 17,550 Main Structure / Unit(sq. ft.): 4,036 IRPIM it 0. . Number of Units: 4 011 ` ,. Overlays �t... •,- Parking Overlay: n/a Downtown Overlay: n/a 1//1111111 , ,;..t. Special Height Overlay: n/a i1111111i1111 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 19-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. rrf c�, ;a�, A,s. YYy a ,.kiii Y t g Eei r e" a'N,141 AtbN "' (<44ortlita . ..,,,v : �,,� �, ��, �� �N �. � . .,FRAMIN � w The.Yellow Buil�on i 1 - PICTURE FRA %, .... .,. -- ca ca rat its it I 5 -� 1', y , Subject Property—Baldwin Avenue view 4991x"' rrivr `4 p` ba, , ����yy C e'`%2A,..'t4if t.A;•,. � � a......n.r.we � .E . # x �STR! pr. 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HUNTINGTON DRIVE #*, ARCADIA, CA 91007 ofst 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 mar. (626)350-5944 �s I."� 912 S. BALDWIN AVE. OWNERSHIP!OCCUPANTS LIST RADIUS MAPS-LAND USE-PLANS ARCADIA, CA. MUNICIPAL COMPLIANCE CONSULTING ,z RTA,/E.ELMONTE,CA91732 FAX(E6)35a153. 14-232 SCALE 1"— 150' (1 t i Q ; - 0 1 i . /OS Ago o3 . gy 0 ®. It4.f2 }w "o, • nee //WI" al.uAi°' . [/77 � q4 ,wKAa- , xµ. t1 6 9a• Y .OYt10 �' 0127r Of.040f -1 9 2 \ t0 �Ir :: ® r°.., M.! •8-0 ■ .+J.4ti'/a. E a "//�Io 3s �e 7' 3'° ti 4 5 I h /y ,., t fiar ft,,, sage $ g s u.+r»s'Y' b r 4I f /bs � __ • 2 7701 % O K ,��=P' ,7 9•$ose`'' + 36 (37) wl O 4 Ahex KOWAir SAM t ,,.�° 2 6errt4 .oxs `- , , 67 z EO 66 of Q 4 130.2! '' _ea J SHEET � Q ^ 1 !� rr a/ r 91 �) �I ` I S P. R.R.(erb. . 4 Ma .�s+r- '4e $ t 9S I: , O�1 MS j n -∎r nJ /sesct' L�I 4 33 OR 4IM311 557. € 69 > _.1=5---' S H E 2 tee $ ®,'let-1 I O 4 „ SHEET w 0 _ ¢L „� c 70 k 70: 1 fl e • 0 Q __I g w vI 65 119 CO eois 0 '' 0 1 I 9! 7l9B ■ sr „ cs., AVE KB6 mroE r.aa 7" s 'I FAIRVIEW $ I r A g $ $ + 1 . Nle/0;42: 72.69 r _ p :1111- /6f 96 72.50�-- /!wW 5! /oo mai ra °6 5220 1 NO , ss (L) ' /4 a 1 TRACT O ro" ' �j < — 1�_` ——-I © A ( 0-1) Q , �— I 7U70e9F _ /s9 - 7 I 8 R.s is piiirce:affiri.119.20 0 1 x>v SHE 8 S O O � ." —+�-- §1! 4 O3 313 O • 325.44 Ar 19.3003F e 4 O I WO WO I o, O pro 9 I m a a +O 212,8 ...I I' cn 4? .... p- A 2 Aur. L �e ' N m 0 4 93 ' e t MO'r• 1 §1 t 1 w E MN r r o a ARCADIA 317-51 ,is.n MAO t co 'Maw SHEET 7 z Ps • IM 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