HomeMy WebLinkAboutItem 12a - Consideration of Adult Day Care Center at 253 E. Foothill Blvd.
DATE: April 19, 2022
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa Flores, Planning & Community Development Administrator
Prepared By: Vanessa Quiroz, Associate Planner
SUBJECT: CONSIDERATION OF A CALL FOR REVIEW OF THE PLANNING
COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. CUP
21-05 FOR A NEW ADULT DAY CARE CENTER AT 253 E. FOOTHILL
BOULEVARD
Recommendation: Provide Direction
SUMMARY
At the March 22, 2022, Planning Commission Meeting, the Commission voted
unanimously to adopt Resolution No. 2090 approving Conditional Use Permit No. CUP
21-05 for a new adult day care center at 253 E. Foothill Boulevard. As stipulated under
the Development Code, a City Council Member may call for the consideration of a
decision rendered by the Planning Commission before the effective date (10 days from
the action date). City Council Member Beck has called up CUP 21-05 for City Council
consideration. The question before the City Council is whether a hearing should be held
to review CUP 21-05 or to allow the Planning Commission’s decision to stand without
City Council review. It is recommended that the City Council provide staff with further
direction.
BACKGROUND
The applicant, Mailian and Associates, on behalf of the business owner, Khoren
Dishigrikian, submitted a Conditional Use Permit application to allow a new adult day
care center with up to 210 senior citizens and disabled adults at 253 E. Foothill
Boulevard, the site of a former Walgreen’s drug store. The adult day care center will
operate from 7:00 AM to 4:00 PM, daily. There are a total of 61 parking spaces
available on site, six (6) of which are reserved for the shuttle vans provided by the adult
day care center, which will be utilized by the majority of the patrons.
A public hearing was held on March 22, 2022, with the Planning Commission on this
project. One Arcadia resident spoke in objection to the business, stating concerns with
Consideration of Call for Review of CUP 21-05
April 19, 2022
Page 2 of 2
the potential increase of pedestrian and vehicular traffic in the area. At the conclusion of
the hearing, the Planning Commission voted unanimously to approve the project.
DISCUSSION
In accordance with Development Code Section 9108.07.030.B.4, a majority vote is
required to proceed with reviewing the Planning Commission's decision at a subsequent
City Council hearing. If the City Council does vote to call up the matter, a public hearing
will be scheduled and the City Council will have the opportunity to assess the merits of
the project and the findings. If the City Council decides to call for the review of the
subject decision, then the Planning Commission’s decision shall be paused. If the City
Council decides not to call for review the subject decision, then the decision shall
become final.
A full description and discussion of the proposed application is presented in the
attached March 22, 2022, Planning Commission staff report and meeting minutes –
refer to the attachments to this report.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project and is therefore exempt under the California Environmental Quality Act
(“CEQA”); and provide staff with further direction.
Attachment No. 1: Resolution No. 2090 and Planning Commission Staff Report with
Associated Attachments, Dated March 22, 2022
Attachment No. 2: Planning Commission Meeting Minutes, Dated March 22, 2022
Attachment No. 1
Resolution No. 2090 and Planning
Commission Staff Report with
Associated Attachments, Dated
March 22, 2022
Attachment No. 1
DATE: March 22, 2022
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Vanessa Quiroz, Associate Planner
SUBJECT: RESOLUTION NO. 2090 - APPROVING CONDITIONAL USE PERMIT NO.
CUP 21-05 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) FOR A NEW
ADULT DAY CARE CENTER WITH UP TO 210 ADULTS AT 253 E.
FOOTHILL BOULEVARD
Recommendation: Adopt Resolution No. 2090
SUMMARY
The Applicant, Mailian and Associates, on behalf of the business owner, Khoren
Dishigrikian, is requesting approval of Conditional Use Permit Application No. CUP 21-05
for a new adult day care center (dba: Regal Adult Day Health Center) with up to 210
senior citizens and special needs adults at 253 E. Foothill Blvd. It is recommended that
the Planning Commission adopt Resolution No. 2090 (Attachment No. 1) and find this
project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP
21-05, subject to the conditions listed in this staff report.
BACKGROUND
The subject site is currently developed with a 13,123 square foot, single-story commercial
building that was built in 2008 for the pharmaceutical retail store, Walgreens. The store
closed in 2019 and it has since remained vacant. The property is zoned C-G, General
Commercial and is located on north side of Foothill Boulevard between N. 2nd Avenue
and. 5th Avenue, and it is surrounded by other commercial properties along Foothill
Boulevard with adjacent single-family residential properties to the north - refer to
Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject
property.
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 2 of 12
The site currently has 64 parking spaces (60 standard and four (4) ADA spaces), a drive-
through lane for the former pharmacy, and two (2) driveways entrances along Foothill
Boulevard – refer to Figure No. 1 below for an ariel view of the shared driveway entry.
Figure No. 1: Ariel view of the subject site and the adjoining site to the west.
PROPOSAL
Regal Adult Day Health Center is a program-based day care center that will provide care
and health management support to senior citizens and special needs adults. The
business owner is looking to expand his business and open a second location in Arcadia.
His existing adult day care center is located in North Hollywood and it has been in
operation for 10 years with approximately 195 seniors or special needs adults.
Regal Adult Day Health Center will operate at a similar scale with up to 210 patrons.
There will be a total of 21 staff members which will consist of an Administrator, Physician,
Nurse, Social Worker, Program Director, Dietitian, Pharmacist, and Physical,
Occupational, and Speech therapists as well as the shuttle drivers and support staff. The
adult day care center will operate from 8:00 AM to 2:30 PM daily, while the administration
hours of the center will be from 7:00 AM to 4:00 PM. The adult day care will provide
transportation services, meals (catered), recreation and social activities and nutritional
counseling as well as nursing services, medication management, and therapy services to
all patrons. The adult day care will operate all year around. As a program-based day care
center, enrollment span will be based on the care and medical needs of the individual.
A tenant improvement is proposed to provide six (6) offices, an employee room, food
preparation room, ADA (Americans with Disabilities Act) compliant restrooms, an activity
room, and a large open seating area – refer to Figure No. 2 and Attachment No. 3 for the
proposed floor plan. The exterior façade will remain largely the same except for a new
N
Ralph’s
Subject
Site
Shared driveway
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 3 of 12
exterior door to provide an additional entry point and to meet Fire Code per condition no.
9 of the staff report.
Figure No. 2: The Proposed Floor Plan
The proposed adult day care center requires 63 parking spaces for the use– refer to Table
No. 1 below for the required parking and breakdown. Although the site has sufficient
parking for the use, the business owner is proposing to provide a shuttle service (pick-up
and drop-off) as part of his business operation to minimize any potential parking,
circulation, and vehicular traffic impacts due to the number of patrons the adult day care
will have. With the shuttle service, the use will only require 42 spaces– refer to Table No.
1 below for the parking breakdown.
Table No. 1
Parking Spaces Required
# of individuals 1 space per 5 adults without
shuttle service
1 space per 10 adults with shuttle
service
210 (Patrons) 42 spaces 21 spaces
Plus 1 space per employee Plus 1 space per employee
21 (Employees) 21 spaces 21 spaces
Total spaces required 63 spaces 42 spaces + 6 shuttles
N
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 4 of 12
The parking lot will be reconfigure to accommodate the six (6) van shuttle space with ADA
accessible loading areas. This will result in the removal of three (3) regular parking stalls
along the front and west side of the building for a new total of 61 spaces (51 standard,
four (4) ADA stalls, and six (6) shuttle spaces) – see Figure No. 3 below for the proposed
site plan. The site will have a surplus of 13 parking spaces for the use of the family,
friends, and caretakers.
As for the shuttle service, the 15 passenger vans will pick-up and drop-off the adults from
their residence within a 5-mile radius of this site. There will be a total of 6 vans, and at
least 180 adults will be required to utilize this service as part of the operation. The shuttle
pick-ups will begin at 7:00 AM and there will be a two-hour window to drop off the adults
at the facility. The adults will be shuttled back to their residence starting at 1:30 PM.
Figure No. 3 The Proposed Site Plan
N
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 5 of 12
ANALYSIS
The City’s Development Code allows a day care center in the C-G zone subject to the
review and approval of a Conditional Use Permit to ensure that the proposed business is
an appropriate use for the property and is compatible with other uses in the surrounding
area. The proposed use is compatible with the other surrounding uses since the site is on
a major commercial corridor and it is surrounded by other service-based businesses such
as the grocery store, education/music tutoring centers, and other service -based
businesses. There is only one adult day care center currently in the city (dba: Golden
Years Adult Day Health Care) at 60 W. Live Oak Avenue, therefore having another adult
day care center will provide additional service to the aging and disabled population to the
local residents, and surrounding communities.
There will be minimal impact to the adjacent commercial businesses since the adult day
care will provide shuttle service to majority of their patrons as these individuals rely on
transportation services. This shall be contractually required under their enrollment per
condition no. 3 of the staff report. The shuttle service will be organized into shifts, and
they will have their own designated parking spaces with ADA compliant loading area so
that the patrons have space to maneuver in and out of the shuttles. Most pick-ups and
drop-offs will occur towards the front of the property. The staff from this business will be
required to park at the rear of the site. Additionally, there is an existing 19-foot-wide
planter with mature landscaping along the rear property line that will remain in place and
will continue to provide a noise and visual buffer to the residential properties.
The adult day care center will be required to comply with all the requirements regulated
by the Los Angeles County Public Health Department and any State agencies that
regulate adult day care centers. Should any issues or concerns arise, a condition of
approval has been applied to the Conditional Use Permit to allow adjustments to address
any impacts to the adjacent streets and properties. Also, a condition has been added to
allow the business owner to use the existing drive-through lane as a drop-off and pick-up
lane should the business owner chooses to use it in the future.
FINDINGS
Section 9107.09.050(B) of the Development Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions can
be satisfied:
1. The proposed use is consistent with the General Plan and any applicable
specific plan and is 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.
Facts to Support This Finding: Approval of the adult day care 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 site is zoned C-G, General Commercial.
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 6 of 12
Arcadia Development Code allows for a day care center in the C-G zone subject to
the review and approval of a Conditional Use Permit. The proposed use will fill a
vacancy and will also add a new adult day care service to the community. The adult
day care center will provide shuttle services to most of the patrons. With the shuttle
service, the site will have a surplus of 13 spaces that will be available for family
member and care takers to utilize. Thus, the site will have more than sufficient parking
for the use. The proposal also complies with all other applicable provisions of the
Development Code. The use will be consistent with the intended commercial use of
the property and will be required to comply with all applicable requirements and
regulations required for the use by the Los Angeles Public Health Department and any
State agencies that regulate adult day care centers. Therefore, approval of adult day
care center will be consistent with the General Plan, goals and policies:
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.
•Policy LU-6.8: Encourage the intensification of commercial uses on
underutilized commercial properties and the transitioning of non -commercial
uses on commercial properties in accordance with the Land Use Policy Map
and all applicable regulations.
Parks, Recreation, and Community Resources Element
•Goal PR-5: Recreation, education, enrichment, and social service programs
that respond to a broad range of community interests, promote healthy
lifestyles, and meet the needs, desires, and interests of the Arcadia community.
2.The design, location, size, and operating characteristics of the proposed activity
will be compatible with the existing and future land uses in the vicinity.
Facts to Support This Finding: The proposed adult day care center will occupy an
entire 13,123 square foot, one-story commercial building. The proposed use will be
compatible with other similar service based commercial businesses along Foothill
Boulevard that include grocery stores, education/music tutoring centers, dry cleaners,
and personal care services. In order for the site to accommodate the parking capacity
and vehicular traffic of the adult day care center, the center will provide shuttle services
to the majority of the patrons. The existing parking lot will be improved to provide six
(6) shuttle spaces with adequate loading area that will be managed and arranged by
the adult day care center. With the shuttle service, there will be more than sufficient
parking for the use and no traffic and circulation impacts to adjacent properties and
the public street are expected. The operation characteristics of the adult day care
center will also be compatible with the adjoining residential properties to the north .
The shuttle service will take place towards the front of the property and all activity will
take place inside the building. Additionally, all existing mature landscaping along the
rear of the property will remain in place and will serve as a noise and visual buffer to
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 7 of 12
the adjacent residential properties to the north. Therefore, the design, scale and
characteristics of the adult day care will be compatible with existing and future land
uses in the vicinity.
3. 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.
Facts to Support This Finding: The building has sufficient tenant space to
accommodate the office spaces and open area for the services, social, and
recreational activities that will be provided to the adults. To accommodate the scale
of the adult day care center, the business will provide an adequate pick-up/drop-
off service to the majority of the patrons. The parking lot will be modified to provide
six (6) shuttles that will serve up to 180 patrons to help ensure there is sufficient
parking for the use. This will help manage vehicular traffic on site by reducing the
scale of it and minimizing vehicular queuing on the driveway to ensure that there
is no vehicular traffic spillover onto the public streets or adjacent properties. In
terms of landscaping and perimeter fencing, all existing fencing and landscaping
shall remain in place to minimize any visual and noise impacts to the adjacent
residential properties to the north. Therefore, the site is physically suitable for the
proposed adult day care center.
b. Streets and highways adequate in width and pavement type to accommodate
public and emergency vehicle (e.g., fire and medical) access.
Facts to Support This Finding: The site is located along Foothill Boulevard
between N. 2nd Avenue and N. 5TH Avenue with two driveways. The driveway
nearest to the adjacent property with Ralphs market is for ingress only and the
other driveway is for ingress/egress. These streets are designated and designed
with the capacity to accommodate both public and emergency vehicles. Foothill
Boulevard and nearby streets are adequate in width and pavement type to carry
the traffic that could be generated by the adult day care center and to support
emergency vehicle access. Therefore, the proposed use will not impact these
streets.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: As part of the tenant improvement for the use,
the existing single-story commercial building will be improved to meet all current
safety requirements per Building Code and Fire Code. Therefore, no impacts to
public protection services are anticipated.
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 8 of 12
d.The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and
disposal, etc.).
Facts to Support This Finding: The proposed business will be located within an
existing commercial building, which is adequately serviced by existing utilities. The
request neither includes an expansion to the building nor will be operated, in a
manner that will impact the provision of utilities. Therefore, no impacts to the
provision of utilities are anticipated.
4.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.
Facts to Support This Finding: The proposed adult day care center will provide a
community service to the aging and disable population of the City and the surrounding
communities. The use is compatible with the other similar services businesses within
the vicinity. The adult day care center will provide shuttle services to most of the
patrons for the site to accommodate the adult day care. With the shuttle service, the
site will have a surplus of parking for the use. Based on the operational characteristic
of the adult day care center, no impacts in terms of noise or vehicular traffic to the
surrounding commercial and residential properties are expected. The adult day care
center will be required to comply with all applicable requirements and protocols
required by the Los Angeles County Public Health Department and any State agencies
that regulate adult day care centers Therefore, the proposed adult day care center will
not be detrimental to the public health or welfare, or the surrounding properties. The
size and nature of the operation will not adversely affect the subject site or the
surrounding businesses and properties.
ENVIRONMENTAL IMPACT
It has been determined that the project qualifies as a Class 1 Categorical Exemption per
the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 1,
Section 15301 of the CEQA Guidelines for the use of an existing facility - refer to
Attachment No. 5 for the Preliminary Exemption Assessment.
PUBLIC COMMENTS/NOTICE
Public hearing notices for this item were mailed to the owners of those properties that are
located within 300 feet of the subject property and published in the Arcadia Weekly on
March 10, 2022. On March 15, 2022, staff received one comment in objection to the adult
day care from a neighboring resident – refer to Attachment No. 4. The resident raised
concerns that the adult day care center will further intensify the existing traffic in the area
during the commuting and drop-off/pick-up hours of the middle school. As stated earlier
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 9 of 12
in the staff report, the proposed shuttle services and conditions of approval will help
prevent any impacts to the street system.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2090 approving
Conditional Use Permit No. CUP 21-05 for a new adult day care center with up to 210
senior citizen and special needs adults, and find that the project is Categorically Exempt
under Section 15301 of the California Environmental Quality Act (CEQA), subject to the
following conditions of approval:
1. The use approved by CUP 21-05 is limited to an adult day care center with up to 210
adults and shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 21-05, and 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. The adult day care center hours shall be limited from 7:00 AM to 4:00 PM, daily.
3. No more than 210 adults shall be permitted at any given time. The adult day care
center shall be required to provide shuttle services to a minimum of 180 adults, daily
and this shall be contractually required under the enrollment process. The van
shuttles shall drop-off the adults in two shifts to avoid any potential impacts on-site
between the hours of 7:00 AM. to 9:00 AM. The City has the ability at any time to
make any changes to the operation, including but not limited to the drop -off/pick-up
operation and requiring additional signage to ensure the proposed use does not
create a potential impact to the adjacent properties.
4. Prior to submittal for plan-check review with Building Services for the tenant
improvement, the parking lot plan shall be revised to provide six (6) van accessible
shuttle spaces compliant with Building Code Section CBC 11B-209.2. The parking lot
shall be restriped prior to the issuance of the Certificate of Occupancy from the
Building Services.
5. Prior to submittal for plan-check review with Building Services for the tenant
improvement, the direction of the existing drive-through lane shall be revised to a
south bound lane to provide an additional drive aisle. A "Do Not Enter" sign shall be
added at the entry of the lane and the direction of the lane arrows shall be revised
prior to the issuance of the Certificate of Occupancy from the Building Services.
Should the business owner decided to use the drive lane as a drop-off/pick-up lane
instead, a vehicle queuing and loading plan shall be required and will be subject to
the review and approval of the City Engineer and Planning & Community
Development Administrator, or designee.
6. All staff members shall be required to park at the rear of the parking lot area.
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 10 of 12
7.The business owner shall be required to notify all patrons under their contracts that
the parking lot on the adjacent property to the west (Ralph’s market) at 211 E. Foothill
Blvd. is not part of the subject site and cannot be utilized for parking.
8.The adult day care center shall comply with all the requirements regulated by the Los
Angeles County Public Health Department and any State agencies that regulate adult
day care centers.
9.The tenant improvement plans submitted for Building Service plan-check review shall
comply with the latest 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
10.Prior to the issuance of a Certificate of Occupancy from the Building Services, the
following Fire Department conditions shall be met:
a.A full coverage fire alarm system shall be provided.
b.Illuminated exit signage and emergency lighting shall be provided along all
paths of egress.
c.Minimum rated 2A:10BC fire extinguishers shall be provided at approved
locations. All required exit doors shall be equipped with panic or lever type
hardware.
d.Latched or key operated locks are not permitted.
e.A knox box shall be provided at an approved location.
11.Prior to the issuance of a Certificate of Occupancy from the Building Services, one
(1) Automated External Defibrillator (AED) shall be installed. The location of the AED
shall be shown on the plans submitted for plan check review with the Building
Services and is subject to review and approval by the Planning & Community
Development Administrator, or designee.
12.All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, envi ronmental
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.
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 11 of 12
13. Noncompliance with the plans, provisions and cond itions of approval for CUP 21-05
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the preschool.
14. To the maximum extent permitted by law, Applican t 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 Conditional Use Permit No. CUP 21-05
(“Project”) 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 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.
15. Approval of CUP 21-05 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
Resolution No. 2090 - CUP No. 21-05
March 22, 2022
Page 12 of 12
Form to the Development Services Department is to indicate awareness and
acceptance of the conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve Conditional Use Permit Application No. CUP 21-05 stating
that the proposal satisfies the requisite findings and adopting the attached Resolution No.
2090 that incorporates the requisite environmental and Conditional Use Permit findings
and the conditions of approval as presented in this staff report, or as modified by the
Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny Conditional Use Permit Application No. CUP 21-05, stating that
the finding(s) of the proposal does not satisfy with reasons based on the record, and direct
staff to prepare a resolution for adoption at the next meeting that incorporates the
Commission’s decision and specific findings.
If any Planning Commissioner or other interested party ha s any questions or comments
regarding this matter prior to the March 22, 2022, hearing, please contact Associate
Planner, Vanessa Quiroz, at 626-574-5422, or by email at vquiroz@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2090
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 3: Architectural Plans
Attachment No. 4: Public Comment
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 2
Planning Commission Meeting Minutes,
Dated March 22, 2022
Attachment No. 2