HomeMy WebLinkAbout1804RESOLUTION NO. 1804
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 09-16 FOR A 2,090 SQUARE-FOOT ART GALLERY AND FINE
ARTS TUTORING CENTER AT 21 W. DUARTE ROAD, UNIT A.
WHEREAS, on August 3, 2009, a Conditional Use Permit application was filed
by Mr. Xiao Ming Chen and Mrs. Yang Chen for a 2,090 square-foot art gallery and fine
arts tutoring center serving up to 12 students; Development Services Department Case
No. CUP 09-16, at property commonly known as 21 W. Duarte Road, Unit A; and
WHEREAS, a public hearing was held by the Planning Commission on
September 22, 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 September 22, 2009 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of Conditional Use Permit No. CUP 09-16 will not be
detrimental to the public health or welfare or injurious to the property or improvements
in such zone or vicinity.
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 09-16 will not
adversely affect the comprehensive General Plan.
6. That the proposed project is a minor alteration of an existing facility and is
exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical
Exemption per Section No. 15303 of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 09-16 for a 2,090 square-foot art gallery and fine arts
tutoring center with up to 12 students, subject to the following conditions:
1. There shall not be more than twelve (12) students, two (2) instructors and
one (1) administrative staff at any time at the tutoring center, and the students shall be
under driving age.
2. The hours of operation of the tutoring center shall be limited to 4:00 p.m. to
7:00 p.m. on weekdays, and 9:00 a.m. to 5:30 p.m. on weekends.
3. 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.
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4. The use approved by CUP 09-16 is limited to the proposed fine arts tutoring
center which shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 09-16.
5. Noncompliance with the plans, provisions and conditions of approval for
CUP 09-16 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
6. 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.
7. 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.
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8. Approval of CUP 09-16 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.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 22nd day of September, 2009.
ning Commission
ATTEST:
S a , Planning Commission
APPROVED AS TO FORM:
1
Stephen P. Deitsch, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia,
hereby certify that the foregoing Resolution No. 1804 was passed and adopted by the
Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by
the Secretary at a regular meeting of said Planning Commission held on the 22nd day of
September 2009 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille
NOES: None
Secreta f t e Planning Commission