HomeMy WebLinkAboutResolution No. 2088 SignedRESOLUTION NO. 2088
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 21-08 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO ALLOW A
WRITING CENTER WITH UP TO SIX STUDENTS AT 411 EAST
HUNTINGTON DRIVE, SUITE 211
WHEREAS, on November 10, 2021, an application for Conditional Use Permit No
CUP 21-08 was filed by the business owner, Vicki Chang ("Applicant"), to allow a new
writing center for up to six middle and high school grade students within an existing 1,184
square foot unit at the Huntington Landmark commercial center at 411 E. Huntington
Drive, Suite 211 (`Project'); and
WHEREAS, on January 12, 2022, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
("CEQA") and determined that the Project is exempt under Section 15061(b)(3) of the
CEQA Guidelines (Review for Exemption) because the Project has no potential to cause
a significant effect on the environment, and qualifies as a Class 1 Categorical Exemption
under Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility;
and
WHEREAS, on January 25, 2022, 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:
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SECTION 1. The factual data submitted by the Community Development
Division in the staff report dated January 25, 2022 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. The proposed use is consistent with the General Plan and any applicable
specific plan.
FACT: Approval of the writing center 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
designation allows a broad array of commercial uses, including neighborhood -serving
uses such as tutoring or writing centers. The proposed use will occupy a vacant
commercial unit and is a use that is complementary to the nearby residential
neighborhoods. In addition, the proposed use is a use allowed in the C -G (General
Commercial) zone subject to the approval of a Conditional Use Permit. It will not adversely
affect the comprehensive General Plan, and it is consistent with the following General
Plan goal and 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.
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2. The proposed uses are allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and comply 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 writing centers in the C -G zone subject to the
review and approval of a Conditional Use Permit. The site has an adequate number of
parking spaces. Therefore, there should be no impacts to the adjacent commercial uses
and properties. Lastly, the proposal complies with all other 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 writing center will occupy a 1,184 square foot unit within a
three-story commercial building at the Huntington Landmark commercial center. The
writing center will be compatible with the various office uses also located on the second
floor of the Huntington Landmark. The use will not create an increase in parking from the
previous use and adequate parking will be provided for the proposed writing center. The
writing center will be open for a short time during the week and the amount of students
served by the center will be minimal and will not impact the existing and future land uses
in the vicinity.
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,
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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 writing center. The use will
occupy a vacant unit within an existing multi -commercial center on an improved site. The
site is improved with a surface parking lot and three-story parking structure that will provide
ample parking for the proposed business. No exterior improvements are required for the
writing center. Therefore, the proposed use is suitable for this site.
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 north side of E. Huntington Drive between Gateway
Drive and 5t" Avenue, which are designated and designed with the capacity to
accommodate both public and emergency vehicles. All adjacent and nearby streets are
adequate in width and pavement type to carry the traffic that could be generated by the
learning center and to support emergency vehicle access.
c. Public protection services (e.g., fire protection, police protection, etc.); and
FACT: The proposed writing center will be located within an existing commercial
unit. Conditions of approval have been included to ensure the writing center will be
operated in a safe manner, and not impact public protection services. The request has
been reviewed by the Fire Department and Police Department, and neither Department
raised concerns. Therefore, no impacts to public protection services are anticipated.
d. The provision of utilities (e.g., potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
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FACT: The subject unit is located within an existing commercial building, which is
adequately serviced by existing utilities. The request neither includes new construction,
nor will be operated, in a manner that will impact the provision of utilities. Therefore, no
impacts to the provision of utilities are anticipated.
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 writing center will not be detrimental to the public health or
welfare, or to the surrounding properties. The size and nature of the operation of the use
will not negatively affect the existing uses in the surrounding properties. In addition,
conditions of approval have been included to mitigate any potential impacts, such as
requiring each classroom door to have a window to allow observation from outside of the
rooms, and that the use be subject to periodic inspections.
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 of the California
Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No.
CUP 21-08 to allow a new writing center within an existing 1,184 square foot unit at the
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Huntington Landmark commercial center at 411 E. Huntington Drive, Suite 211, subject
to the conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 25th day of January, 2022.
ATTEST:
ca�
Lisa L. Flogs-
Secretary
lo sSecretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Zi Lin
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. 2088 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 25th day of January, 2022 and
that said Resolution was adopted by the following vote, to wit:
AYES: Chair Lin, Vice Chair Chan, Wilander
NOES: Thompson
ABSENT: Tsoi
Lisa L. Flore
Secretary of Ve Planning Commission
L
RESOLUTION NO. 2088
Conditions of Approval
1. The use approved by CUP 21-08 is limited to a writing center and shall be operated
and maintained in a manner that is consistent with the proposal and plans submitted
and approved for CUP 21-08. The use shall be subject to periodic inspections, after
which the conditions of this Conditional Use Permit may be adjusted after due notice
in order to address any adverse impacts to the adjacent streets, rights-of-way, and/or
the neighboring businesses, nearby residential uses and properties.
2. No more than six students shall be permitted at any given time. Any changes to the
number of students, shall be subject to review and approval by the Planning &
Community Development Administrator, or designee, unless significant modifications
are proposed; in which case, the application may be referred to the Planning
Commission.
3. The learning center shall not operate past 8:00 p.m., everyday. Any changes to the
hours of operation, shall be subject to review and approval by the Planning &
Community Development Administrator, or designee, unless significant modifications
are proposed; in which case, the application may be referred to the Planning
Commission.
4. Each classroom or private tutoring room door shall have an unobscured glass window
to allow easy viewing from the hallway. The final design and specifications of the door
with a glass window shall be reviewed by the Planning & Community Development
Administrator, or designee, prior to submitting their plan to Building Services for plan -
check.
5. Adult supervision shall be required for students using the restroom, either by escorting
students to the restroom or installing a hallway camera to observe the outside of the
restrooms, subject to the discretion of the Planning & Community Development
Administrator prior to the issuance of a Business License.
6. 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.
7. The plans submitted for Building plan check shall comply with the 2020 Building and
Fire Codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
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e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
8. The proposed unit the business will be occupying shall comply with the requirements
of all applicable codes for the new occupancy classification. Complete plans,
calculations and other specifications shall be submitted to Building Services for
review, approval and subsequent permit issuance. The plans, calculations and other
specifications shall be prepared by an Architect or Registered Civil/Structural
Engineer licensed in the State of California who is qualified to perform said work.
9. Conditions from the Fire Department:
a. A full coverage fire alarm system shall be provided.
b. An illuminated exit signage and emergency lighting shall be provided.
c. A minimum rated 2A:10BC fire extinguisher shall be provided at an
approved location, as determined by the City's Fire Marshal.
d. All exit doors to the exterior shall be equipped with panic or lever type
hardware. Latched or key operated locks are not permitted.
e. A knox box shall be provided at an approved location, as determined by the
City's Fire Marshal.
10.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.
11. Noncompliance with the plans, provisions and conditions of approval for CUP 21-08
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the learning center.
12. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold
City, any departments, agencies, divisions, boards, and/or commissions of the City,
and its elected officials, officers, contractors serving as City officials, agents,
employees, and attorneys of the City ("Indemnitees") harmless from liability for
damages and/or claims, actions, or proceedings for damages for personal injuries,
including death, and claims for property damage, and with respect to all other actions
and liabilities for damages caused or alleged to have been caused by reason of the
Applicant's activities in connection with CUP 21-08 on the Project site, and which
may arise from the direct or indirect operations of the Applicant or those of the
Applicant's contractors, agents, tenants, employees or any other persons acting on
Applicant's behalf, which relate to the development and/or construction of the
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Project. This indemnity provision applies to all damages and claims, actions, or
proceedings for damages, as described above, regardless of whether the City
prepared, supplied, or approved the plans, specifications, or other documents for the
Project.
In the event of any legal action challenging the validity, applicability, or interpretation
of any provision of this approval, or any other supporting document relating to the
Project, the City will promptly notify the Applicant of the claim, action, or proceedings
and will fully cooperate in the defense of the matter. Once notified, the Applicant must
indemnify, defend and hold harmless the Indemnitees, and each of them, with respect
to all liability, costs and expenses incurred by, and/or awarded against, the City or any
of the Indemnitees in relation to such action. Within 15 days' notice from the City of
any such action, Applicant shall provide to City a cash deposit to cover legal fees,
costs, and expenses incurred by City in connection with defense of any legal action in
an initial amount to be reasonably determined by the City Attorney. City may draw
funds from the deposit for such fees, costs, and expenses. Within 5 business days of
each and every notice from City that the deposit has fallen below the initial amount,
Applicant shall replenish the deposit each and every time in order for City's legal team
to continue working on the matter. City shall only refund to Developer any unexpended
funds from the deposit within 30 days of: (i) a final, non -appealable decision by a court
of competent jurisdiction resolving the legal action; or (ii) full and complete settlement
of legal action. The City shall have the right to select legal counsel of its choice that
the Applicant reasonably approves. The parties hereby agree to cooperate in
defending such action. The City will not voluntarily assist in any such third -party
challenge(s) or take any position adverse to the Applicant in connection with such
third -party challenge(s). In consideration for approval of the Project, this condition
shall remain in effect if the entitlement(s) related to this Project is rescinded or
revoked, whether or not at the request of the Applicant.
13. Approval of CUP 21-08 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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