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RESOLUTlONNO. 1737
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ARCADIA, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO.
2005-17 AND ARCHITECTURAL DESIGN REVIEW
NO. 2005.27 FOR A VOCATIONAL SCHOOL WITH
150 STUDENTS AT 5417 PECK ROAD
WHEREAS, on September 21, 2005, a conditional use permit
application was filed by Fred Ramos, Architect on behalf of the Cement
Masons Southern California Trust Fund, for a vocational school with 150
students (Development Services Department Case No. CUP 2005-12 and
ADR 2005-07) at property commonly known as 5417 Peck Road; and
WHEREAS, a public hearing was held by the Planning Commission
on November 8, 2005, 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 RESOL YES 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
adversely affect the comprehensive General Plan because the land use and
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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
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evidence that 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 2005-17, for a vocation school at
5417 Peck Road, upon the following conditions:
I. The maximum number of students, at anyone time, shall not
exceed one hundred fifty (150).
2. The parking lot shall be restriped and landscaped per the
Arcadia Municipal Code, subject to the approval of the Development
Services Department.
3. The use approved by CUP 2005-17 is limited to the vocational
school and office. The school and office shall be operated and maintained
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in a manner that is consistent with the proposal and plans submitted and
approved for CUP 2005-17.
4. A separate sign design review application shall be submitted
for all new signs on the premises.
5. All conditions of approval shall be complied with prior to
opening the school and office. Noncompliance with the plans, provisions
and conditions of approval for CUP 2005-17 shall be grounds for immediate
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suspension or revocation of any approvals, which could result in the closing
of the school and office.
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. See conditions as listed in
the (attached) department memos.
7. Approval of CUP 2005-17 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.
8. 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,
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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 ofthe matter.
SECTION 4.
The decision, fmdings and conditions contained in
this Resolution reflect the Commission's action of November 8, 2005, by
the following votes:
AYES:
Commissioners Baderian, Hsu, Lucas, Olsen, Wen
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 the forgoing Resolution was adopted at a
regular meeting of the Planning Commission held on the November 8,2005,
by the following votes:
AYES:
Commissioners Baderian, Hsu, Lucas, Olsen, Wen
NOES:
none
cs~h::
City of Arcadia
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ATTEST:
~~ ~.1t1'
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
~P.~
Stephen P. Deitsch, City Attorney
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