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HomeMy WebLinkAbout1932RESOLUTION NO. 1932 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14 -17 WITH A CLASS 1 CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A 1,200 SQUARE FOOT TUTORING CENTER AT 23 LAS TUNAS DRIVE WHEREAS, on October 9, 2014, an application was filed by Stanford Institute for a Conditional Use Permit to allow a 1,200 square -foot tutoring center at 23 Las Tunas Drive, Development Services Department Case No. CUP 14-17 (this application is hereafter referred to as the "Project "); and WHEREAS, on December 30, 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 15301 of the CEQA Guidelines because the Project is considered to be reuse of an existing commercial facility; and WHEREAS, on January 27, 2015, a duly noticed public hearing was held before the Planning Commission on said Project, 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 January 27, 2015 are true and correct. SECTION 2. This Commission finds, based upon the entire record: 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. FACT: 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. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: In the MU, Mixed Use Zone, a tutoring center is allowed with an approved Conditional Use Permit per Section 9268.1 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 and and uses in the neighborhood. FACT: 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. 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. FACT: The site is located along Las Tunas Drive and Santa Anita Avenue, both of which are wide, multi -lane streets adequate in size to carry the traffic expected to be generated by the proposed use. 2 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: A tutoring center is a commercial use consistent with the Mixed Use 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. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, and approves Conditional Use Permit No. CUP 14 -17 to allow a 1,200 square -foot tutoring center at 23 Las Tunas Drive, 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 27th day of January, 2015. ATTEST: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 1 .Chairman, Planning Commission RESOLUTION NO. 1932 Conditions of Approval 1. Tenant improvements to the interior of the commercial unit shall be consistent with the approved floor plan. 2. A window shall be added to each classroom to provide direct visibility from the hallway into each of the classrooms. These windows shall remain unobstructed at all times, and shall not be covered by blinds, shades, tinting, or other coverings. 3. The tutoring center shall not operate between the hours of 9:00 p.m. and 8:00 a.m. 4. Instruction shall be limited to kindergarten through high school aged students. 5. All pick -up and drop -off of students shall occur in front of the subject unit. 6. 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. 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. 8. 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. 9. The use approved by CUP 14 -17 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 -17, 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. 10. 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. 4 11. Noncompliance with the plans, provisions and conditions of approval for CUP 14 -17 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 12. 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. 13. Approval of CUP 14 -17 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. 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Wm Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1932 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 27TH day of January, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Lin and Baerg NOES: Commissioner Chiao ABSENT: Commissioner Falzone Secret '- of the Planning Commission