Loading...
HomeMy WebLinkAbout1764 . . . 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, . . . 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. -2- 1764 . . . 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 -3- 1764 . . . 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 -4- 1764 . . . 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. -5- 1764 . . . 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~: ~0.~ stephen P. Deitsch, City Attorney ~c~ Chairman, Planning Commission -6- 1764