HomeMy WebLinkAbout1951RESOLUTION NO. 1951
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 15 -06 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW
PRESCHOOL WITHIN AN EXISTING COMMERCIAL BUILDING AT 325
E. LIVE OAK AVENUE
WHEREAS, in July 2015, Mr. Nelson Leung, the owner of Academicise
Group Inc., submitted an application for Conditional Use Permit No. CUP 15 -06 to
permit a new preschool business in an existing commercial building that will serve 120
children at 325 E. Live Oak Avenue (the "Project "); and
WHEREAS, on October 28, 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 that the Project is exempt under CEQA per Section 15303 of the CEQA
Guidelines because the Project is converting the use of an existing building, does not
involve the use of a significant amount of any hazardous materials, and does not
exceed 10,000 square feet of floor area within an urbanized sett ing; and
WHEREAS, on November 10, 2015, a duly noticed public hearing was held
before the Planning Commission on the 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 attached report dated November 10, 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: The proposed use will not be detrimental to the public health or
welfare, or the surrounding properties because the size of the proposed preschool, and
the amount of traffic generated are consistent with other uses permitted by -right on the
property. A traffic study was prepared for the Project and it is not expected to result in
any significant traffic impacts at any of the three intersections that were studied and no
traffic mitigations are required or recommended. The operation of a preschool is also
consistent with being adjacent to the Second One Family (R -1) Zoning north of the site.
Based on this information, the proposed Project will not be detrimental to the public
health or welfare or injurious to the other properties in the area. The proposed preschool
will not conflict with the operation of the restaurant to the west or to the residences north
of the site.
2. 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 -2, General Commercial, and Arcadia
Municipal Code Section 9275.1.35 allows preschools in the C -2 zone with an approved
Conditional Use Permit.
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 land and uses in the
neighborhood.
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FACT:The Project site is occupied by a vacant building most recently used for
retail sales. The subject preschool, with the proposed expansion, will occupy the 6,029
square -foot building. No exterior changes are proposed for the use except for signage
and the conversion of the parking and storage area to a play area. The hours of the
preschoo! do not conflict with the adjacent land uses. The 37 proposed parking spaces
will be adequate to accommodate this use. The property features, lighting, landscaping,
and other improvements are adequate for this use.
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 Project site is located at the intersection of Live Oak and Fourth
Avenues. The streets are adequate in width and pavement type to carry the traffic that
will be generated by the proposed preschool. No significant impacts are anticipated, nor
are mitigation measure proposed for the neighboring streets, as documented in the
traffic study prepared for the project and reviewed by the City.
5. That the granting of such Conditional Use Permit will not adversely affect
the comprehensive General Plan.
FACT: Approval of the preschool at the site is consistent with the Commercial
Land Use Designation of the site. The proposal will not adversely affect the
comprehensive General Plan.
6. That the Project is categorically exempt from the California Environmental
Quality Act (CEQA) per Section 15303 of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons the Planning Commission
determines that the Project is Categorically Exempt per Section 15303 of the CEQA
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SECTION 3. That for the foregoing reasons the Planning Commission
determines that the Project is Categorically Exempt per Section 15303 of the CEQA
Guidelines, and approves Conditional Use Permit No. CUP 15 -06 for a preschool at 325
E. Live Oak Avenue, 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 /61 day of / o vow er , 2015.
ATTEST:
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
an anning Commission
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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 15 -06 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 15 -06, 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 eleven (11) staff and one - hundred twenty (120) children shall be
permitted, with classes limited to Monday through Friday between 7 :30 a.m. and
6:30 p.m. No classes shall occur on weekends or holidays.
4. A covenant in the form approved by the City Attorney shall be recorded in the office
of the County Recorder against the lot north of the alley (Assessor's Parcel Number
5790 - 028 -024) on which a portion of the required parking spaces for the preschool
are provided to ensure that the owner of the lot will continue to maintain such
parking spaces for use exclusively by the preschool during the operating hours of
the preschool as long as the preschool is the land use on the property.
5. The classrooms shall be designed to include windows facing the adjacent corridors
to enable staff to monitor the activities within the classrooms.
6. 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.
7. Noncompliance with the plans, provisions and conditions of approval for CUP 15 -06
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the preschool.
8. 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
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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.
9. Approval of CUP 15 -06 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.
10. The damaged property line wall in the northwest corner of the site shall be repaired.
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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. 1951 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
November, 2015, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Chan, Lewis, Lin, and Thompson
NOES: None
ABSENT: Commissioner Chiao
Secre$fy of the Planning Commission