HomeMy WebLinkAbout1800RESOLUTION NO. 1800
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 09-08 FOR A 722 SQUARE-FOOT TUTORING CENTER WITH UP TO
10 STUDENTS ON THE GROUND FLOOR OF AN EXISTING
COMMERCIAL OFFICE DEVELOPMENT AT 67 E. LIVE OAK AVENUE,
SUITE NO. 102
WHEREAS, on May 1, 2009, a Conditional Use Permit application was filed by Meiling
Lin (dba Linium Consulting) for a 722 square-foot tutoring center with up to 10 students;
Development Services Department Case No. CUP 09-08, at property commonly known as 67 E.
Live Oak, Suite No. 102; and
WHEREAS, a public hearing was held by the Planning Commission on July 14, 2009, 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
RESOLVES AS FOLLOWS:
SECTION 1. That the factual data provided by the Development Services Department in
the staff report dated July 14, 2009 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of Conditional Use Permit No. CUP 09-08 will not be detrimental to
the public health or welfare, or injurious to the property or improvements in such zone or vicinity
because the proposed project is a minor alteration of an existing facility and is exempt from the
California Environmental Quality Act (CEQA) as a Class 22 Categorical Exemption per Section
No. 15322 of the CEQA Guidelines.
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 other businesses in the same center, 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 Conditional Use Permit No. CUP 09-08 will not adversely 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 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 09-08 for a 722 square-foot tutoring center with up to 10 students, subject to the
following conditions:
1. There shall not be more than ten (10) students, one (1) instructor and one (1) office
assistant at any time at the tutoring center.
2. The hours of operation of the tutoring center shall be limited to 5:00 p.m. to 9:00 p.m.
on weekdays, and 12:00 noon to 6:00 p.m. on weekends.
2 Resolution No. 1800
3. The tutoring center shall require all students to enter and leave the premises using the
separate entrance at the rear parking lot. The exterior lobby door is not to be used by
students, and the door leading from Suite 102 to the lobby shall only be used as an
emergency exit and for access to the restroom facilities.
4. The tutoring center shall post and distribute notices to all students, parents, and the staff,
instructing them where to park and where to drop-off and pick-up students in accordance
with requirements established by the City. A draft of the notice shall be submitted to the
City for review and approval by the Development Services Director or designee prior to
issuance of an occupancy permit.
5. The use approved by CUP 09-08 is limited to the proposed tutoring center which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 09-08.
6. The approval of CUP 09-08 includes a four space parking modification which is
applicable only to the tutoring center approved by CUP 09-08.
7. Noncompliance with the plans, provisions and conditions of approval for CUP 09-08
shall be grounds for immediate suspension or revocation of any approvals, which could
result in the closing of the tutoring center.
8. All City requirements regarding disabled access and facilities, occupancy limits, building
safety, parking and site design shall be complied with to the satisfaction of the Building
Official, Community Development Administrator, Fire Marshal, and Public Works
Services Director.
3 Resolution No. 1800
9. 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, 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.
10. Approval of CUP 09-08 shall not take effect until the property owner(s), and applicant
have executed and filed the Acceptance Form available from the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
[SIGNATURES ON NEXT PAGE]
4 Resolution No. 1800
Passed, approved and adopted this 1 Ith day of August, 2009.
ATTEST:
Se e , Planning Commission
APPROVED AS TO FORM:
P.
Stephen P. Deitsch, City Attorney
Resolution No. 1800