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RESOLUTION NO. 1763
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT 2007-09 FOR A
CHEERLEADING TRAINING FACILITY AT 220 S. FIRST
AVENUE.
WHEREAS, the City of Arcadia on Jline 13,2007, the applicants Ms. Stephanie
Schwartz, Mr. Tony Hodges, and Mr. Hemaidan fi]ed a Conditional Use Permit
application to permit a cheer]eading training facility at 220 S. First Avenue; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's
CEQA Guide]ines, the City of Arcadia determined the proposed project is
Categorically Exempt per CEQA Section 15303(c); and
WHEREAS, a public hearing was held by the Planning Commission on August
28, 2007, at which time all interested persons were given full opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOL YES AS FOLLOWS:
SECTION I.
That the factual data submitted by the Development Services
Department in the attached report is true and correct.
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SECTION 2.
This Commission finds:
. 1. That the granting of such Conditional Use Permit will not be detrimenta] to
the public health or welfare, or injurious to the property or improvements in such
zone or vicinity becallse the proposed use will be compatible with the surrounding
uses, and it will be an appropriate use for the subject site.
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, loading, landscaping, parking, and other
features 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 three streets that are 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
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the proposed project will have any potential for an adverse effect on wildlife
. resources or the habitat upon which the wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 07-09 to permit a cheerleading training facility at
220 S. First Avenue, upon the following conditions:
1. The business hours shall be limited to 3:00 p.m. to 9:00 p.m., Monday
through Friday, and from 9:00 a.m. to 2:00 p.m. on Saturdays. Any modifications
to the business hours shall be approved by the Community Development
Administrator.
2. Each class shall have a maximum of 15 students (4-18 years old).
. 3. The cheerleading classes shall consist of cheerleading activities such as
tumbling, stunts, gymnastics, and dancing.
4. A minimum of 7 parking spaces shall be provided. The drop-off/pick-up
area shall be located at the rear of the building, and the applicant shall provide a
directional sign directing the customers to the drop-off/pick-up area. The location
of the directional sign must be approved by the Community Development
Administrator prior to installation.
5. The parking lot shall be landscaped with 3'-6' high landscape lighting.
6. The parking stalls shall be double-striped (4-inches wide), as required per
. AMC Section 9269.8.
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7. The front one-third of the store shall be utilized for retail use only.
. 8. All exterior light fixtures on thebui]ding shall be hooded and arranged to
reflect away from the adjoining properties and streets.
9. Approval of CUP 2007-09 shall not take effect until the property owner(s)
and applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
10. 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 appro va] 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.
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SECTION 4.
The decision, nndings and conditions contained in this
. Resolution reflect the Commission's action of August 28,2007, by the following
vote:
AYES:
NOES:
ABSENT:
Baderian, Baerg, Beranek and Hsu
None
Parrille
SECTION 5.
The Secretary shall certify to the adoption of this Resolution
and sha1l cause a copy to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular
meeting of the P]anning Commission he]d on the 28th day of August 2007, by the
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following votes:
AYES:
NOES:
ABSENT:
Baderian, Baerg, Beranek and Hsu
None
ParriUe
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ATTEST:
Chairman, Planning Commission
City of Arcadia
APPROVED AS TO FQRM:
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Stephen P. Deitsch, City Attorney
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