HomeMy WebLinkAbout1936RESOLUTION NO. 1936
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 14 -20 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,025
SQUARE -FOOT ART INSTRUCTION STUDIO AT 168 LAS TUNAS
DRIVE #106
WHEREAS, on December 5, 2014, an application was filed by Ming Pan for a
Conditional Use Permit to allow a 1,025 square -foot art instruction studio at 168 Las
Tunas Drive #106, Development Services Department Case No. CUP 14 -20 (this
application is hereafter referred to as the "Project "); and
WHEREAS, on March 17, 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 per Section 15301 of the CEQA Guidelines because the Project is
considered to be reuse of an existing commercial facility; and
WHEREAS, on April 28, 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 April 28, 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 art instruction studio is consistent with
the zoning and land use designation of the site. The art instruction studio will not
adversely impact public health or welfare, and will not be injurious to the property or
improvements of the site or those within the vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: In the C -2 Zone, an art instruction studio is allowed with an approved
Conditional Use Permit per Section 9275.1.37.1.1 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: he applicant will remodel an existing 1,025 square -foot, commercial unit.
There will be no exterior alterations, except signage. The site, as it exists will
accommodate the proposed use. Based on a maximum occupancy limit of 24 people
within the designated instruction areas, the proposed art instruction studio will
accommodate up to 20 students and 4 staff at any- one -time. The art studio will require
six additional parking spaces compared to a generic retail use, but the site has a current
parking surplus of 23 spaces. Therefore, the parking is adequate to accommodate the
proposed use and the other existing 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.
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FACT: The site is located between Las Tunas Drive and Live Oak Avenue, and
can also be accessed from El Monte Avenue. All three multi -lane streets are adequate
in size and paving to carry the traffic expected to be generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
FACT: An art studio is a commercial use consistent with the Commercial
General Plan Land Use Designation of the site. The activities that will take place at the
art studio 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 -20 to allow a 1,025 square -foot art
instruction studio at 168 Las Tunas Drive #106, 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 28th day of April, 2015.
ATTEST:
APPROVED AS TO FORM:
tom,.
p 46,&41
Stephen P. Deitsch
City Attorney
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Chairman, i n in ommission
RESOLUTION NO. 1936
Conditions of Approval
1. The Applicant/Property Owner shall record an amendment to the existing CC &R's
for the subject property and adjoining property at 188 Las Tunas Drive to list an art
studio as a permitted use on the subject property. The amendment shall be
recorded prior to the issuance of a Certificate of Occupancy for the art studio.
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. Tenant improvements to the interior of the commercial unit shall be consistent with
the approved floor plan.
4. The art studio shall not operate between the hours of 9:00 p.m. and 8:00 a.m.
5. The Applicant /Property Owner shall remodel the interior of the unit as needed to
meet all Fire Prevention requirements for educational uses prior to the issuance of
a Certificate of Occupancy or a City Business License for the art studio.
6. The use approved by CUP 14 -20 is limited to an art studio and shall be operated
and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14 -20, 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.
7. 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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 14 -20
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art studio.
9. 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
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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.
10. Approval of CUP 14 -20 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.
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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. 1936 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 28TH day of April,
2015, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Chan, and Falzone
NOES: None
ABSENT: Commissioners Chiao and Lin
Secret of the Planning Commission