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HomeMy WebLinkAbout1802RESOLUTION NO. 1802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09-15 TO OPERATE A DANCE STUDIO WITH A MAXIMUM OF FORTY (40) STUDENTS IN A 3,200 SQUARE-FOOT INDUSTRIAL UNIT AT 210 N. FIRST AVENUE WHEREAS, on June 30, 2009, an application was filed by Laura Powell and Brandon Kwae, for a dance studio with a maximum of 40 students in a 3,200 square-foot industrial unit; Development Services Department Case No. CUP 09- 15, at 210 N. First Avenue; 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 submitted 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 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. 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 businesses in the subject project 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 current zoning are consistent with the 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 09-15, for a dance studio with a maximum of 40 students in a 3,200 square-foot industrial unit at 210 N. First Avenue, subject to the following conditions: 1. There shall be a maximum of four (4) students from 12:00 p.m. to 5:00 p.m., Monday to Saturday, twenty (20) students from 7:00 p.m. to 10:30 p.m., Monday to Thursday, forty (40) students from 7:00 p.m. to 11:00 p.m. on Friday, and forty (40) students from 7:00 p.m. to 12:00 a.m. on Saturday. 2 1802 2. The hours of operation shall be limited to 12:00 p.m. to 10:30 p.m., Monday to Thursday, 12:00 p.m. to 11:00 p.m. on Friday, and 12:00 p.m. to 12:00 a.m. on Saturday. 3. The use approved by CUP 09-15 is limited to the dance studio. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-15. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 09-15 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the dance studio. 5. 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. 6. Approval of CUP 09-15 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. 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 3 1802 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 22nd day of September, 2009. n; Pl*ning Commission ATTEST: Se ry, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 4 1802 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. 1802 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 S airy of the Planning Commission