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RESOLUTION NO. 1767
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2007-] 1 TO OPERATE
AN AFTER-SCHOOL TUTORING PROGRAM WITHIN AN
EXISTING CHURCH AT 1741 S. BALDWIN AVENUE
WHEREAS, on August 22, 2007, a conditional use permit
application was filed by Takao Chikudate of Kumon Arcadia Learning
Center, for an after-school tutoring program (Development Services
Department Case No. CUP 2007-1 I) at property commonly known as 1741
S. Baldwin Avenue; and
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WHEREAS, a public hearing was held by the Planning Commission
on October 23, 2007, at which time aJ] interested persons were given fuJ]
opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE
CITY OF ARCADIA 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:
1. That the granting of such Conditional Use Permit will not be
. detrimental to the public health or welfare, or injurious to the property or
improvements in such zone or vicinity because the initial study did not
disclose any substantial adverse effects to the area affected by the proposed
project.
2. That the use applied for at the location indicated is a proper 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. All yards, spaces, walls, fences, loading,
landscaping and other features including the shared parking with the
neighboring business, are adequate to adjust said use with the land and uses
in the neighborhood. The proposed project complies with all related zoning
requirements as set forth in the Arcadia Municipal Code.
4. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not
adverse]y affect the comprehensive General Plan because the land use and
current zoning are consistent with the General Plan.
6. That the use applied for will not have a substantial .adverse impact
on the environment, and that based upon the record as a whole there is no
evidence that the proposed project wi)) have any potentia] for an adverse
. effect on wildlife resources or the habitat upon which the wildlife depends.
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SECTION 3. That for the foregoing reasons this Commission
grants Conditional Use Permit No. CUP 2007-11, to operate an after-school
tutoring program within an existing church at 1741 S. Baldwin A venue,
upon the following conditions:
1. There shall not be more than forty (40) students for the after-
school tutoring program at anyone time.
2. All parking, pick-up and drop-off shall be limited to the church
parking lot.
3. The session hours of the proposed use shall be limited to Tuesdays
and Fridays, 2:30 p.m. to 6:00 p.m.
4. The use approved by CUP 07-11 is limited to the after-school
tutoring program. The facility shall be operated and maintained in a manner
that is consistent with the proposal and p]ans submitted and approved for
CUP 07-] 1.
5. Noncompliance with the plans, provisions and conditions of
approval for CUP 07-1 i shall be grounds for immediate suspension or
revocation of any approva]s, which could result in the closing of the after-
schoo] tutoring program.
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6. 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.
7. Approval of CUP 07-11 shall not take effect until the property
owner(s), and applicants have executed and filed the Acceptance Fonn
available from the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
8. The applicant shall defend, indemnify, and hold hannless the City
of Arcadia and its officers, emp]oyees, 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 approva] of the City of Arcadia concerning this project and/or
land use decision, including but not limited to any approva] 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 applicab]e to this project or
decision. The City shall promptly notify the app]icant 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
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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.
SECTION 4.
The Secretary shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 13th day of November, 2007.
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ATTEST;
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etary, Planning Co ssion
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I. JASON KRUCKEBERG, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1767 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 13th day of November, 2007 and that said Resolution was adopted by the
following vote, to wit:
AYES: PllInning Commissioners Baderian, Baerg, Beranek and Hsu
NOES: None
ABSTAIN: Planning Commissioner Parril1e
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S retary of the Planning Co ston