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RESOLUTION NO. 1764
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE
PERMIT NO. CUP 07-05 TO EXPAND THE TUTORIAL CENTER
(NOBEL EDUCATION INSTITUTE) AT 1 WEST DUARTE ROAD
WHEREAS, Conditional Use Pennit application no. CUP 07-05 was filed by
Mr. Jonathan U on May 5, 2007 to expand the tutorial center at 1 W. Duarte
Road; 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 Guidelines, the City of Arcadia prepared a Preliminary Exemption
Assessment and detennined that the proposed project qualifies as a Class 1
Categorical Exemption under Section 15301 of the CEQA Guidelines as interior
alterations to an existing structure; and
WHEREAS, a public hearing was held by the Planning Commission on July
10,2007 and August 14, 2007, at which times 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 reports are true and correct.
SECTION 2. This Commission finds:
1. That the approval of Conditional Use Pennit No. CUP 07-05 to expand
the tutorial center will not be detrimental to the public health or welfare, or injurious
to the property or improvements in the zone or vicinity.
2. That a Morial center at the location indicated is property one for which
a Conditional Use Pennit is authorized.
3. That the site for the expanded Moria! center is adequate in size and
shape to accommodate said use, and all yards, spaces, walls, fences, parking,
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loading, landscaping and other features required to adjust said use with the land
and uses in the neighborhood.
4. That the site for the expanded tutorial center abuts streets and
highways adequate in width and pavement type to cany 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 expanded tutorial center 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 project qualifies as a Class 1
Categorical Exemption is appropriate and that based upon the record as a whole,
there is no evidence that the 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 07-05 to expand the tutorial center at 1 W.
Duarte Road, subject to the following conditions:
1. The tutorial center and the site shall be operated, improved and
maintained in a manner that is consistent with this proposal and those certain
plans submitted to the Development Services Department for the purposes of this
application. That is, the tutorial center may expand into the two (2) adjacent
commercial spaces, units G & H; offer tutoring services from 3:00 p.m. to 6:00
p.m., Monday through Friday; and shall offer after school transportation service
from the students' schools to the tutorial center and from the tutorial center to an
alternative location for pick up by parents. The tutorial center and the site must be
in compliance with all of the conditions of approval prior to occupancy of the
expansion area. Noncompliance with the plans, provisions, requirements of all
City departments, and the conditions of approval for CUP 07-05 shall be grounds
for immediate suspension and/or revocation of any approvals, which may result in
the loss of use of the expansion area.
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2. The existing tutorial center and the proposed expansion area shall be
subject to inspection by the Building Official, Community Development
Administrator and Fire Marshall and the use and property shall be brought into
compliance with all current measures, policies and requirements detennined to be
necessary by the Building Official, City Engineer, City Traffic Engineer,
Community Development Administrator, Fire Marshall, Public Works SeNices
Director, and any service districts and utility providers that will seNe the subject.
3. The maximum attendance at anyone time is limited to 75 students of
elementary school age (up to eighth grade) in the westerly 3,790 square feet of
commercial space (units D, E, F, G & H) in the northerly building of the 1 W.
Duarte Road commercial center.
4. The "Arcadia Resource" sign shall be removed and any damage to the
wall shall be promptly repaired such that it will not be noticeable from the nearest
pedestrian and/or vehicular way, or if the sign is to remain, the permit for the sign,
which expired on July 18, 2006, shall be renewed and the sign inspected to verify
that it was properly installed, and if necessary, the installation shall be corrected
so that the sign complies with all applicable building and safety codes. A new sign
is not included with this Conditional Use Permit.
5. A Parking Modification for 19 on-site spaces in lieu of 24 spaces is
granted for the tutorial center. This Parking Modification does not constitute an
approval for a general reduction of the parking requirements for the subject
property, but rather only for the tutorial center that is herein conditionally
approved. Changes to uses within the area occupied by the tutorial center may be
subject to a new CUP and/or Parking Modification.
6. A minimum of 60 students shall be transported to Holly Avenue
Elementary School or other alternative location for recreational activities and pick
up by parents beginning at approximately 4:45 p.m. with adjustments in the time
for the effects of daylight savings. The ability to transport at Il;!ast 60 students to
an acceptable alternative location for pick up by parents (e.g., .the Holly Avenue
Elementary School transportation area for which a permit from the Arcadia Unified
School District must be secured annually) must be in effect at all times for the
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approval of this Conditional Use Permit to remain effective and written proof of the
ability to utilize an alternative location for pick up by parents rnust be filed by the
applicant with the Community Development Division and shall be continuously
updated and re-filed if any facts or circumstances change pertaining to the
transport of students to or from the alternative location.
7. The transportation route to-and-from the tutorial center and Holly
Avenue Elementary School shall be as follows: 1 W. Duarte Road shall be exited
by the southerty driveway with a right-turn onto Duarte Road, a left-turn shall be
made onto E1 Monte Avenue, a right-turn shall be made onto Le Roy Avenue, a
right-turn shall be made onto Holly Avenue, a right-turn shall be made into the
Holly Avenue Elementary School transportation area using the southerty entrance
driveway, the Holly Avenue Elementary School transportation area shall be exited
by the northerty driveway with a right-tum onto Holly Avenue, a right-turn shall be
made onto Campus Drive, a right-turn shall be made onto Santa Anita Avenue,
and a right-turn shall be made off of Santa Anita Avenue into 1 W. Duarte Road.
8. Any changes to the location for pick up by parents and/or the
transportation route shall be subject to review and approval by the Community
Development Administrator and City Engineer, either of whom may refer the
change in location andlor route to the Planning Commission for consideration at a
public hearing. For the public hearing, the applicant shall provide and pay for a
mailing list and labels of all the property owners, residents and tenants of all the
properties within a 300-foot radius of 1 W. Duarte Road. Ownership shall be
based on the latest available assessment roll of the Office of the Assessor of Los
Angeles County.
9. Notwithstanding any term, provision or condition herein to the
contrary, the number of students in attendance at the tutorial center and the
number of students being transported to an alternative location for pick up by
parents are subject to periodic monitoring and verification by City staff. A report is
to be presented to the Planning Commission in approximately six (6) months on
the operational efficacy of the transporting of at least 60 students to an alternative
pick up location. If it is determined that the public health, safety and welfare
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require a modification of the requirement concerning transportation of students or
the tennination of this Conditional Use Pennit, then any such modification or
tennination shall be considered at a public hearing by the Planning Commission.
10. All of the parents of the students enrolled at the tutorial center shall be
notified in writing of the requirement that at least 60 of the maximum 75 students
authorized to be in attendance at 1 W. Duarte Road at any time must be
transported to an alternative location for pick up. The notification shall explain the
transportation times, route, and rules for use of the altemative pick up location
(e.g., that access to the Holly Avenue Elementary School transportation area is
only by right-tums into the southerly driveway) and shall include a method for the
parents to acknowledge the notification. The applicant shall provide to the City in
a fonn and substance approved by the City, written verification of having provided
the notification and of the parents' acknowledgement and acceptance of the
transportation times, route, and rules for use of the altemative pick up location.
11. The applicant shall defend, indemnify, and hold hannless 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.
12. The approval of CUP 07-05 shall not take effect until the property
owner, business owner, and applicant have executed and filed the Acceptance
Fonn from the Development Services Department to indicate awareness and
acceptance of these conditions of approval.
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SECTION 4. The decision, findings, and conditions of approval
contained in this Resolution reflect the Planning Commission's action of August
14,2007, by the following vote:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille
NOES: None
SECTION 5. The Secretary shall certify to the adoption of this
Resolution and shall cause a copy to be forwarded to the City Council of the City
of Arcadia.
I HEREBY CERTIFY that this foregoing Resolution No. 1764 was adopted
at a regular meeting of the Planning Commission held on August 28, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
Baderian, Baerg, Beranek and HSll
None
Par rille
ATTEST:
APPROVED AS TO FOR~:
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stephen P. Deitsch, City Attorney
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Chairman, Planning Commission
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