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