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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
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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.
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