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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. 2 1951 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 3 1951 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 4 1951 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 5 1951 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. 6 1951 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