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HomeMy WebLinkAbout1772 . . . RESOLUTION NO. 1772 , A RESOLUTION OF THE PLANNING COMMISSION 0F THE CITY OF I ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. I CUP OS-03, A REVISION TO CUP 05-11 WITH A P ARKlNG MODIFICATION FOR A 500 SQ.FT. GENERAL OFFICE USE WITH OPERATION HOURS OF 5:00 A.M. TO 3:00 P.M., MONDAY THROUGH FRID~Y, WITHIN THE EXISTING STORAGE AREA OF A 3,300 SQ.FT. DAN<!;E INSTRUCTION STUDIO AT 902 S. BALDWIN AVENUE. I WHEREAS, Conditional Use Permit application no. CUP OSt03 was filed by Russell D. Smith on April S, 2008 for a 500 sq.ft. general office use with ope~tion hours of 5:00 a.m. to I I 3:00 p.m., Monday through Friday, within the existing storage arba of a 3,300 sq.ft. dance I instruction studio at 902 S. Baldwin Avenue; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, I Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the I City of Arcadia prepared a Preliminary Exemption Assessment and determined that the proposed . , , I project qualifies as a Class 3 Categorical Exemption under Section 15303 of the CEQA I I Guidelines as a Conversion of Small Structures; and I WHEREAS, a public hearing was held by the Planning Comnrission on May 27, 2008, at I which time.all interested persons were given full opportunity to be her and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION I 1. That the factual data submitted by the Development Services i Department in the attached report is true and correct. SECTION 2. This Commission finds: I . 1. That the granting of Conditional Use Permit No. CUP OS-03 for a 500 sq.ft. general office use with operation hours of 5:00 a.m. to 3:00 p.m., MOndaylthrough Friday, within the I existing storage area of a dance instruction studio, will not be detrimyntal to the public health or . welfare, or injurious to the property or improvements in the zone or viilinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and 'shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site for the proposed use abuts streets and high~ays adequate in width and I pavement type to carry the kind of traffic generated by the proposed uk . ! 5. That the subject property is designated for commercial uses in the General Plan, that I the proposed use is consistent with that designation, and that the granting of the Conditional Use . Permit will not adversely affect the comprehensive general plan. 6. That the determination that the proposed project qualifi~s as a Class 3 Categorical Exemption is appropriate and that based upon the record as a whole, there is no evidence that the proposed project will have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 08-03 for a 500 sq.ft. general office use with operation hours of 5:00 a.m. to 3:00 p.m., Monday through Friday, within the existing storage area of a 3,300 sq.ft. dance instruction studio at 902 S. Baldwin Avenue, subject to the following conditions: ; I. Hours of operation shall be within 5:00 a.m. to 3:00 p.m.~ Monday through Friday. . -2- ]772 . . . 2. The use approved by CUP 08-03 is limited to the general office use, and shall be used and maintained in a manner that is consistent with the proposal and plans submitted and , approved for CUP 08-03. I I 3. All City code requirements regarding accessibility, fIre ,protection, occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department. 4. Approval of CUP 08-03 shall not take effect until the property owner(s), and applicant have executed and fIled the Acceptance Form available .froni the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnify, and hold hannles~ the City of Arcadia and its officers, employees, and agents from and against any claim, actioni or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, ~oid, or annul any approval or condition of approval of the City of Arcadia concerning this projebt andlor land use decision, I I including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. -3- 1772 SECTION 4. The Secretary shall certify to the adoption of this Resolution. . ~ C'~1"":.rJ Chairman, Planning C6mmission I ATTEST: , lanning Commission APPROVED AS TO FORM: . ~p.~ Stephen P. Deitsch, City Attorney . -4- 1772 . . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) I, JIM KASAMA, Secretary of the Planning Commission of the City of Arcadia, , hereby certify that the foregoing Resolution No. 1772 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to , by the Secretary at a regular meeting of said Planning Commission held on the 10th day of June, 2008 and that said Resolution was adopted by the following vote, to wit: , AYES: Planning Commissioners Baerg, Beranek, Hsu, Parrille and Baderian NOES: None ABSTAIN: None Secre / of the Planning Commission ~/. ./ . . . .' . / ( , / .- I RESOLUTION NO. 1772 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF P,.R.CADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 08-03, A REVISION TO CUP 05-11 WITH A PARKING MODIFICATION FOR A 500 SQ.FT, GENERAL OFFICE USE WITH OPERATION HOURS OF 5:00 A.M. TO 3:00 P.M., MONDAY THROUGH FRIDAY, WITHIN THE EXISTING STORAGE AREA OF A 3,300 SQ.FT. DANCE INSTRUCTION STUDIO AT 902 S. BALDWIN AVENUE. WHEREAS, Conditional Use Permit application no. CUP 08-03 was filed by Russell D. Smith on April 8, 2008 for a 500 sq.ft. general office use with operation hours of 5:00 a.m. to 3:00 p.m., 'Monday through Friday, within the existing storage area of a 3,300 sq. ft. dance instruction studio at 902 S. Baldwin Avenue; and WHEREAS, pursuant to the provisions of the Califomia Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelin.es, the City of Arcadia prepared a Preliminary Exemption Assessment and detennined that the proposed project qualifies as a Class 3. Categorical Exemption under Section 15303 of the CEQA Guidelines as a Conversion of Small Structures; and WHEREAS, a public hearing'was held by the Planning Commission on May 27,2008, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: I. That the granting of Conditional Use Permit No. CUP 08-03 for a 500 sq. ft. general office use with operation hours of 5:00 a,m. to 3:00 p.m., Monday through Friday, within the oJ . . . existing storage area of a dance instruction studio, will not be detrimental to the public health or welfare, or injurious to the property or improvements,in the zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Pennit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site for the proposed use abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the subject property is designated for commercial uses in the General Plan, that the proposed use is consistent with that designation, and that the granting of the Conditional Use . Pennit will not adversely affect the comprehensive general plan. 6. That the determination that the proposed project qualifies as a Class 3 Categorical Exemption is appropriate and that based upon. the-record as a whole, there is no evidence that the proposed project wiJI have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 08-03 for a 500 sq.ft. general office use with operation hours of 5:00 a.m. to 3:00 p.m., Monday through Friday, within the existing storage area of a 3,300 sq.ft. dance instruction studio at 902S. Baldwin Avenue, subject to the following conditions: I. Hours of operation shall be within 5:00 a.m. to 3:00 p.m., Monday through Friday. . -2- 1772 . , * . . e 2. The use approved by CUP 08-03 is limited to the general office use, and shall be used and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 08-03. 3. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department. 4. Approval of CUP 08-03 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Fonn available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnifY, and hold harmless the-City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval . or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. . -3- 1772 . I . e . . SECTION 4. The Secretary shall certify to ~e adoption of this Resolution. ~ c..13vzJ~.A .:...J Chairman, Planning Commission ATTEST: , lanning Commission APPROVED AS TO FORM: , · Out'ltv-P ~ Stephen P. Deitsch, City Attorney . -4- 1772 . , .' - . . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA . ) ) SS: ) I, JIM KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1772 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 10th day of June, 2008 and that said Resolution was adopted by the following vote,to wit: AYES: Planning Commissioners Baerg, Beranek, Hsu, Parrille and Baderian NOES: None ABSTAIN: None of the Planning Commission