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HomeMy WebLinkAboutDecision Letter City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ArcadiaCA.gov April 29, 2020 Umbrella Education Corporation C/O Weidong Peng 14 El Dorado St. Unit 10 Arcadia, CA 91006 SUBJECT: Conditional Use Permit No. CUP 20-01 PROJECT ADDRESS: 20 E. Foothill Blvd. Unit 216 Dear Mr. Weidong: At its April 28, 2020 meeting, the Planning Commission voted 3-0, with two commissioners absent to approve Conditional Use Permit No. 20- 01 at 20 E. Foothill Blvd. Unit 216, subject to the conditions listed in the enclosed Resolution No. 2054, which was adopted at the April 28, 2020 Planning Commission meeting. There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $600.00 appeal fee by 5:30 p.m. on Monday, May 11, 2020. You will be notified if an appeal is filed. This approval shall expire in one year, May 12, 2021 from the effective date unless plans are submitted to Building Services for plan -check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved design concept plans and any conditions of approval. Any inconsistency from the approved design concept plans may preclude the issuance of a building permit. An extension may be granted by the Development Services Director or designee, or the Review Authority that approved the project for a maximum period of one (1) year from the initial expiration date. An extension can only be granted if the required findings can be made. Please note that acceptance of an extension request does not indicate approval of an extension. A building permit must be obtained prior to any construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the appropriate permit. This approval letter must be presented to Building Services to initiate the permitting process. 20 E. Foothill Blvd. Unit 216 Conditional Use Permit No. 20-01 Page 2 Approval of Conditional Use Permit No. 20-01 shall not go into effect unless the property owner and applicant have executed and filed the enclosed Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and if it is not received by May 29, 2020, or if the project is appealed, this approval will become null and void. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this notice. If you have any questions, please contact me at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Luis Torrico Senior Planner Attachments: Resolution No. 2054 Acceptance Form c: J.A.C. Window Inc., Property Management Company 8 RESOLUTION NO. 2054 Conditions of Approval 1. The use approved by CUP 20-01 is limited to a tutoring use and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted a nd approved for CUP 20-01, 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 shall be permitted at any given time. Any changes to the maximum number of students, shall be subject to review and approval by the Planning & Community Development Administrator, or designee, unless as determined by the Administrator, or designee, significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The windows and glass doors into each classroom and practice room shall remain unobscured to allow easy viewing from the hallway. 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. Adult supervision shall be required for all students when using the public restrooms. 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 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 9 Services Director, or their respective designees. The changes to the existing facili ty may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 8. The main exit door shall be equipped with panic or lever type hardware. Latched or key operated locks are not permitted. 9. Noncompliance with the plans, provisions and conditions of approval for CUP 20 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring use. 10. 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. 11. Approval of CUP 20-01 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. ---- CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 4/29/20 APPLICATION NO.: CUP 20-01 SUBJECT PROPERTY: 20 E. Foothill Blvd. I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and if it is not received by (May 29, 2020), this approval will become null and void and all fees will be forfeited.