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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. 2 1804 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. 3 1804 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 4 1804 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