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Home My WebLink About1912 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 ten year olds 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 the subject commercial unit prior to the issuance of a Certificate of Occupancy or a City Business License for the tutoring center, or at the option of the applicant/property owner and with the consent of all involved parties, the path of travel may be provided 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. [SIGNATURES ON NEXT PAGE] -6- 1912 Passed, approved and adopted this 26th day of August, 2014. ! / - - Chairman, Plann'n 9 Commission ATTEST: Sey'tary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -7- 1912 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1912 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 26th day of August, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chan, Lin and Falzone NOES: None ABSENT: Commissioner Chiao Secret/ of the Planning Commission