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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