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HomeMy WebLinkAbout1925 RESOLUTION NO. 1925 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-04 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE AN 815 SQUARE-FOOT ART STUDIO AT 511 S. FIRST AVENUE, SUITE B WHEREAS, on May 22, 2014, Ms. Yinying Wang submitted Conditional Use Permit Application No. CUP 14-04 for an art studio at 511 S. First Avenue, Suite B (the "Project"); and WHEREAS, on October 24, 2014, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the Project is exempt under CEQA because the Project is a conversion of a small structure per CEQA Guidelines Section 15303, Class 3; and WHEREAS, on November 12, 2014, a duly noticed public hearing was held before the Planning Commission on said application, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated November 12, 2014 are true and correct. SECTION 2. This Commission finds, based upon the entire record: a. 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. FACT: The proposed use is to be operated as a small art studio for students aged four to eighteen. This use will not be detrimental to the public health or welfare, or the surrounding properties. An art studio is consistent with the Mixed Use (MU) Zoning and General Plan Land Use Designation of the site, and will not conflict with the other uses on site, or in the neighborhood. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the site is MU, Mixed Use, and Arcadia Municipal Code Section 9268.10 allows art studios in the MU zone with an approved Conditional Use Permit. c. 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. FACT: The project site is located within an existing commercial building. The proposed art studio will occupy an 815 square-foot commercial unit that was previously occupied by a retail service use. Except for signage, no exterior changes are proposed for the use. There is an existing parking deficiency by Code requirements on the site of fourteen (14) spaces, but the proposed use would not increase the parking deficiency per Code from the previous retail service use. The property features, lighting, landscaping, and other improvements adequate for this commercial development. The proposed art studio will not require any adjustments to the site. 2 d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located along South First Avenue with access to the parking area from an alley and a driveway accessed from El Dorado Street. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed art studio, and will not impact these streets. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: Approval of a commercial use, such as the proposed art studio is consistent with the Mixed Use Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. f. That the project is exempt pursuant to a categorical exemption and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. FACT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the Project has no potential to cause a significant effect on the environment and is exempt pursuant to Section 15303 of the CEQA Guidelines, Class 3, which exempts a conversion of a small structure from one use to another. SECTION 3. For the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14-04, and determines that the Project is Categorically Exempt per Section 15303 of the CEQA Guidelines, for an art studio at 511 S. First Avenue, Suite B, subject to the conditions of approval attached hereto. 3 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 12th day of November, 2014. , hairman, ' annin. Commission ATTEST: Sec -ry APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 RESOLUTION NO. 1925 Conditions of Approval 1. The use approved by CUP 14-04 is limited to an art studio which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-04, 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. 2. Instruction shall be limited to students aged four to eighteen. A maximum of two teachers and five students shall be permitted. The hours of operation shall be limited to 2:00 p.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. on Saturday, Sunday, and any Holidays. 3. This approval of CUP 14-04 includes a parking modification for five (5) on-site spaces in lieu of 19 spaces required. This is not an approval of a general reduction of the parking requirements for the subject commercial space, or the subject site, but only for the art studio approved by this Conditional Use Permit. 4. 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. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 14-04 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the art studio. 6. 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 5