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HomeMy WebLinkAbout1920 RESOLUTION NO. 1920 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-13 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE A 1,600 SQUARE FOOT TUTORING CENTER AT 157 E. FOOTHILL BOULEVARD WHEREAS, on August 12, 2014, Mr. Joe Ho submitted Conditional Use Permit Application No. CUP 14-13 for a tutoring center at 157 E. Foothill Boulevard (the "Project"); and WHEREAS, on October 20, 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 per Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and because the Project is an existing facility with only interior alterations per CEQA Guidelines Section 15301, Class 1; 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 of vicinity. FACT: The proposed use is to be operated as a tutoring center for kindergarten through junior high school aged students. This use will not be detrimental to the public health of welfare, or the surrounding properties. A tutoring center is consistent with the Limited Commercial (C-1) 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 C-1, Limited Commercial, and Arcadia Municipal Code Section 9275.1.56 allows tutoring centers in the C-1 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 the Shoppes at Highlander Center shopping center. The proposed tutoring center will occupy a 1,600 square-foot commercial unit that was previously occupied by another retail use. No exterior changes are proposed for the use. There is an existing parking deficiency by Code requirements on the site of 17 spaces, but there is more than adequate parking for the 2 various uses at this center, and because the proposed use has a lesser parking requirement, the proposed use will not increase the deficiency. The property features, lighting, landscaping, and other improvements adequate for this commercial development. The proposed tutoring center will not require any adjustments to the site. 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 E. Foothill Boulevard with access to the shopping center parking lot from E. Huntington Drive and N. Second Avenue. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed personal service business, 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 tutoring center is consistent with the Commercial Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. f. Provided a project has no potential to cause a significant effect on the environment, it is eligible to be exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption). 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 15301(a) of the CEQA Guidelines, Class 1, which exempts interior alterations to existing structures. 3 SECTION 3. For the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14-13, and determines that the Project is Categorically Exempt per Section 15301(a) of the CEQA Guidelines, for a tutoring center at 157 E. Foothill Boulevard, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 12th day of November, 2014. Chairman, anning Commission ATTEST: Se ary APPROVED AS TO FORM: / -eA -e Stephen P. Deitsch City Attorney 4 RESOLUTION NO. 1920 Conditions of Approval 1. 1. The use approved by CUP 14-13 is limited to a tutoring center which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-13, 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 kindergarten through junior high school aged students. A maximum of two (2) teachers and 10 students shall be permitted, with classes to take place Monday through Friday at 3:00 p.m. to 7:00 p.m., and 10:00 a.m. to 2:00 p.m. on Saturdays. 3. Windows shall be provided in the walls and doors separating the office and waiting area from the tutoring center/classroom and all windows shall be uncovered and transparent. 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 14-13 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 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 Arcadia concerning this project and/or land use decision, including but not limited to 5 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. 7. Approval of CUP 14-13 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have 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. 6 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. 1920 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 12TH day of November, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chan, Chiao, Lin and Falzone NOES: None Secretary of the Planning Commission