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HomeMy WebLinkAbout1809RESOLUTION NO. 1809 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09 -14 TO PERMIT PRIVATE PARTIES FOR CHILDREN AND EXTEND THE BUSINESS HOURS TO THE EXISTING CHILDREN LEARNING CENTER AT 1313 S. BALDWIN AVENUE (d.b.a. Kids Island). WHEREAS, the City of Arcadia on August 12, 2009, received an a Conditional Use Permit application to permit private parties for children and extend the business hours from 9:00 a.m. to 9:00 p.m., seven (7) days a week to the existing children learning center at 1313 S. Baldwin Avenue (d.b.a. Kids Island); and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. "CEQA and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined there is no substantial evidence that the approval of Conditional Use Permit No. CUP 09 -14 would result in a significant adverse effect on the environment. Accordingly, a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, a public hearing was held by the Planning Commission on December 8, 2009, at which time all interested persons were given full opportunity to be heard and present evidence. 1 NOW, 1'11 EREFORI TI 1 E PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVT,S 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 proposed use will be compatible with the surrounding uses, and it will be an appropriate use for the subject site, and the proposed project will provide adequate parking for the new health club and existing restaurant. 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, loading, landscaping, parking, and other features 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 three streets that are adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 2 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 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 -14 to permit private parties for children and extend the business hours from 9:00 a.m. to 9:00 p.m., seven (7) days a week at the existing children learning center located at 1313 S. Baldwin Avenue, upon the following conditions: 1. The business hours shall be limited from 9:00 a.m. to 9:00 p.m., seven (7) days a week. 2. The private parties for children shall be limited to 33 people, which include 3 staff members. 3. The private parties for children shall not occur during the same time as open play and classes (permitted under Conditional Use Permit No. 04 -11). 4. All City requirements regarding building safety, disabled access and facilities, occupancy limits, fire prevention, detection, suppression, emergency access, health code 3 compliance, parking and site designs, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 5. 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. 4 6. Approval of CUP 09 -14 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, and that all conditions of approval shall be satisfied prior to implementation of this Conditional Use Permit. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8 day of December, 2009. ATTEST: retary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 an, Planning Commission 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. 1809 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 8th day of December 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek and Hsu NOES: None ABSENT: Commissioner Parrille Sec -'ary of the Planning Commission