HomeMy WebLinkAbout2043RESOLUTION NO. 2043
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 19-11 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A NEW
TUTORING CENTER WITH UP TO SIX (6) STUDENTS AT 411 E.
HUNTINGTON DRIVE
WHEREAS, on June 27, 2019, an application for Conditional Use Permit No. CUP
19-11 was filed by the business owner ("Applicant') for a new tutoring center, with up to
six (6) students (high school to college level), to occupy an existing 890 square foot unit
on the second floor at (d.b.a. Advanced Learning Research) the Arcadia Landmark Plaza
that is located at 411 E. Huntington Drive, Suite 201 (the "Project'); and
WHEREAS, on September 19, 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 November 12, 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 November 12, 2019 are true and correct.
1
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.
plan.
1. The proposed use is consistent with the General Plan and any applicable specific
FACT: The Project 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 Project
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 Project will provide a locally -based service and
educational support to high school and college age students. Therefore, the proposed
Project 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
2
parking for the Project and the existing uses. The proposed Project is compatible with the
other professional office businesses located within the second and third floor of the
commercial plaza. Therefore, the Project is in compliances 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 Project will occupy one of the 52 units within an existing
commercial plaza. The proposed Project is compatible with the operational characteristics
of the existing office uses in the commercial plaza. The proposed Project will result in an
overall increase two parking space from the previous use. The design, location, and size
of the new business can is compatible with the existing and future land uses within the
commercial plaza. There is sufficient parking available to accommodate the proposed
Project. Tutoring services will only consist of a small time portion of the business
operational hours. No more than two (2) students per instructor are proposed. Therefore,
only a minimal student turnover is expected.
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 Project. The Project will
occupy a tenant space within an existing multi -tenant commercial plaza. The commercial
plaza is improved with a surface parking lot and a three-story parking structure that have
3
ample parking to accommodate the new use and existing businesses. The
commercial plaza is developed with adequate landscaping, lighting, and other features
typical of commercial developments. The commercial center's parking demand is
significantly lower than the required parking for all uses on the subject lot.
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 northern portion of E. Huntington Drive
between Gateway Drive and N. Fifth Avenue, near the easterly City boundary. These
streets are adequate in width and pavement type to carry emergency vehicles and traffic
generated by the proposed use and existing uses on the site. The proposed Project will
not impact these rights-of-way.
C. Public protection services (e.g., fire protection, police protection, etc.); and
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 multiple commercial buildings,
and has adequate utilities to service this site. The site and buildings are in compliance with
current health and safety requirements. There will be no impact to utilities or the City's
infrastructure from the proposed Project.
0
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 Project will not be detrimental to the public health or welfare,
or the surrounding properties, as the use is consistent with the existing commercial uses
within the commercial plaza. The size and nature of the operations of the Project will not
negatively affect the subject lot nor the surrounding uses and properties. The parking study
conducted for the application demonstrated 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 19-11 for a new tutoring center (d.b.a. Advanced Learning Research), with up to six
(6) students (high school to college level), to occupy an existing 890 square foot unit on
the second floor at 411 E. Huntington Drive, Suite 201, subject to the conditions of
approval attached hereto.
5
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 12m day of November 2019.
ATTEST:
/A -
Lisa L. ore
Secretary ki
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
M
Deborah L wis
Chair, Planning Commission
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. 2043 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 12th day of November, 2019,
and that said Resolution was adopted by the following vote, to wit:
AYES: Vice Chair Wilander, and Commissioners Chan, Lin, and Thompson
NOES: None
ABSENT: Chair Lewis
Lisa L. Flores
Secretary of the Pfanning Commission
111
RESOLUTION NO. 2043
Conditions of Approval
1. The use approved by CUP 19-11 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 19-11, 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 six (6) students are permitted at any given time, and the students shall
be of high school and college level. Any changes to the number of students and the
parking situation, 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.
3. The existing windows within the three (3) classrooms shall remained unobstructed at
all times.
4. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1)
Automated External Defibrillator (AED) shall be installed. The location of the AED
shall be identified on the plans submitted for plan check in Building Services and is
subject to review and approval by the Planning & Community Development
Administrator, or designee.
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 shall be installed.
B. Equip all exterior exit doors with panic or lever type hardware.
C. Illuminated exit signage and emergency lighting shall be provided in
Common Area 1 and 2.
D. Provide a minimum rated 2A:10BC fire extinguisher within the unit.
E. Install a Knox Box.
6. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
R
h. California Existing Building Code
i. Arcadia Municipal Code
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,
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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 19-11
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring center.
9. The Applicant/Property Owner 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.
10. Approval of CUP 19-11 shall not be in effect unless the Property Owner and Applicant
have executed and filed the Acceptance Form with the City on or before 30 calendar
days after the Planning Commission has adopted the Resolution. The Acceptance
Form to the Development Services Department is to indicate awareness and
acceptance of the conditions of approval.
9