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HomeMy WebLinkAbout2032RESOLUTION NO. 2032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 19-02 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW TUTORING CENTER WITH UP TO TWELVE (12) STUDENTS AT 324 E. FOOTHILL BOULEVARD, UNIT 101 WHEREAS, on March 11, 2019, an application for Conditional Use Permit No. CUP 19-02 was filed by the business owner ("Applicant') to allow a new 966 square -foot tutoring center (d.b.a. Aloha Mind Math) with up to 12 students (toddler to eighth grade) at 324 E. Foothill Boulevard, Unit 101 (the "Project'); and WHEREAS, on July 16, 2019, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and recommends that the Planning Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility, and WHEREAS, on August 13, 2019, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated August 13, 2019 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: The proposal is a commercial use permitted in the subject to the approval of a Conditional Use Permit in the C -G (General Commercial) zone. Approval of the tutoring center at the site is consistent with the Commercial Land Use Designation of the site. The Commercial land use designation is intended to permit a wide -range of commercial uses which serve both neighborhood and citywide markets. The tutoring center will provide a locally -based service and educational support to young students. Therefore, the new tutoring center will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU -6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local -serving commercial uses. 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The site is zoned C -G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows a tutoring center in the C -G zone subject to the review and approval of a Conditional Use Permit. The lot can accommodate the required parking for the tutoring center and the existing uses. The proposed tutoring center is compatible with the other professional office businesses. Therefore, the proposal is in P" compliance with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The proposed tutoring center will occupy one of seven units within an existing two-story, multi -tenant commercial building. The proposed tutoring center is compatible with the operational characteristics of the existing offices uses in the commercial building. The use will result in an overall increase of one parking space from the previous use and will operate during the late evening hours when the majority of the other businesses are closed. With the parking modification, the design, location, and size of the unit can accommodate the proposed tutoring center. There is sufficient parking available for the tutoring center and the other office uses since the students of are non - driving age and the business will be operating in the evening hours when the other businesses are closed. 4. The site is physically suitable in terms of: A. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is physically suitable for the proposed tutoring center. The tutoring center will occupy a tenant space within an existing multi -tenant commercial building. The commercial property is improved with surface parking, landscaping, and other features typical of commercial developments. The commercial center's has ample parking to accommodate all uses on the subject lot. The proposed use is not anticipated 3 to generate parking demands greater than what the existing parking lot can accommodate or necessitate additional exterior physical improvements to the property. B. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The site is located on the southern portion of E. Foothill Blvd between Northview Avenue and Fifth Avenue near the westerly City boundary. Foothill Boulevard is one of the main commercial corridors in the City of Arcadia and is designated and designed with the capacity to accommodate both public and emergency vehicles. The street is adequate in width and pavement type to carry the traffic that could be generated by the tutoring center. The proposed use will not impact these rights-of- way. and C. Public protection services (e.g., fire protection, police protection, etc.); FACT: The Fire Department has reviewed the application and has included conditions of approval that must be met prior to the operation of the business to ensure the safety of the occupants of the subject unit and multi -tenant commercial building as well as the general public. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject property is developed with a multi -tenant commercial building, and has adequate utilities to service this site. The site and building are in compliance with current health and safety requirements. There will be no impact to utilities or the City's infrastructure from the proposed use. [H 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed use will not be detrimental to the public health or welfare, or the surrounding properties as the use is consistent with the existing uses on the subject lot. The size and nature of the operations of the tutoring center will not negatively affect the subject lot nor the surrounding uses and properties. The site has sufficient parking available for the use and all other uses operating within the site. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 19-02 to allow a new 966 square -foot tutoring center (d.b.a. Aloha Mind Math) up to 12 students at 324 E. Foothill Boulevard, Unit 101, 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 13'" day of August 2019. Brad Thompson Chairman, Planning Commission ATTEST: CIA Lisa L. Flores Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2037 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 13th day of August, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan, and Wilander NOES: None ABSENT: Commissioner Lin 7 GVIL Lisa L. Flores Secretary of the Planning Commission RESOLUTION NO. 2032 Conditions of Approval 1. The use approved by CUP 19-02 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 19-02, 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. 2. No more than twelve (12) students are permitted at any given time, and the students shall be of toddler age to eighth grade. Each classroom shall maintain compliance with the occupancy limits of the California Building and Fire Code. 3. Prior to the issuance of a Certificate of Occupancy from the Building Division, a clear glass door or window shall be installed to each classroom to allow for easy viewing from the hallway. 4. The tutoring center business hours are limited from 5:00 p.m. to 8:00 p.m., Tuesday and Wednesdays, and from 8:30 a.m. to 2:00 p.m. on Saturdays. Any changes to the hours of operation and/or days, shall be subject to review and approval by the Planning & Community Development Administrator, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 5. Prior to the issuance of the business license, the applicant shall comply with the following Fire Department requirements: A. A full coverage fire alarm system. B. Equip all exterior exit doors with panic or lever type hardware. C. Illuminated exit signage and emergency lighting along all paths of egress. D. Provide a minimum rated 2A:1OBC fire extinguisher within the unit. E. Install a Knox Box. 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, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 19-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. I 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 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 19-02 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 Planning & Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 9