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HomeMy WebLinkAbout1930RESOLUTION NO. 1930 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14 -15 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO EXPAND AN EXISTING PRESCHOOL FOR A MAXIMUM OF 62 CHILDREN AT 66 W. DUARTE ROAD WHEREAS, on September 17, 2014, Derek Chen, Annie Chen, and Rosi Ueng submitted Conditional Use Permit Application No. CUP 14 -15 to expand an existing preschool at 66 W. Duarte Road (the "Project "); and WHEREAS, on January 15, 2015, 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 use of existing facilities per CEQA Guidelines Section 15301(a), Class 1; and WHEREAS, on February 10, 2015, 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 February 10, 2015 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 proposal is to expand an existing preschool to 2,576 square feet, and increase the number of children from 42 to 62. The age of the children are to be from two (2) years of age to first grade ages. This use will not be detrimental to the public health or welfare, or the surrounding properties. A preschool is consistent with the R -1 Zoning and the Low Density Residential 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 R -1, and Arcadia Municipal Code Section 9275.1.35 allows preschools in the R -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 neig hborhood. FACT: The primary use of the project site is as a church. The subject preschool, with the proposed expansion, will occupy 2,576 square feet of existing accessory buildings. No exterior changes are proposed for the use. The hours of the preschool do not conflict with church activities, and the existing 67 parking spaces will be adequate to accommodate all uses on the site. The property features, lighting, landscaping, and other improvements that are adequate for the uses. The proposed preschool expansion 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. 2 FACT: The site is located along West Duarte Road. This street is adequate in width and pavement type to carry the traffic that will be generated by the proposed preschool expansion. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: Approval of an expansion of the existing preschool is consistent with the Residential 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 is exempt pursuant to Section 15301(a) of the CEQA Guidelines, Class 1, which exempts the use of existing facilities. SECTION 3. For the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14 -15, and determines that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, for an expansion of a preschool at 66 W. Duarte Road, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 3 Passed, approved and adopted this 10th day of February, 2015. ATTEST: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 Chairman, PI ning ommission RESOLUTION NO. 1930 Conditions of Approval 1. The subject preschool shall comply with all requirements as set forth by the California State Department of Social Services. Proof of a State license is required for the issuance and renewals of City licenses. 2. The use approved by CUP 14 -15 is limited to a preschool, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14 -15, 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. 3. A maximum of seven (7) teachers and 62 children shall be permitted, with classes limited to Monday through Friday from 7 :30 a.m. to 6:30 p.m. No preschool classes shall occur on weekends or holidays. 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 5. Noncompliance with the plans, provisions and conditions of approval for CUP 14 -15 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the preschool. 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 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 -15 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. 1930 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 10TH day of February, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chan, Chiao, Lin and Falzone NOES: None Secr-`ary of the Planning Commission