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HomeMy WebLinkAbout1811RESOLUTION NO. 1811 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09 -19 TO OPERATE A TUTORING CENTER WITH A MAXIMUM OF ONE HUNDRED FIFTEEN (115) STUDENTS IN AN EXISTING TWO STORY, 4,409 SQUARE -FOOT CLASSROOM BUILDING AND A ONE STORY, 2,336 SQUARE -FOOT SOCIAL HALL AT AN EXISTING CHURCH COMPLEX AT 1741 S. BALDWIN AVENUE. WHEREAS, on November 9, 2009, an application was filed by Don Crenshaw for a tutoring center with a maximum of 115 students in an existing two -story, 4,409 square -foot classroom building and a one -story, 2,336 square -foot social hall at an existing church complex; Development Services Department Case No. CUP 09 -19, at 1741 S. Baldwin Avenue; and WHEREAS, a public hearing was held by the Planning Commission on January 26, 2010, 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 January 26, 2010 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 because the proposed tutoring center will not conflict with the other uses at this site or the businesses and residences in the surrounding area. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized by Section 9275.1.35.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 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. The subject property is accessible from W. Lemon Avenue, which is adequate in width and pavement type for the traffic that is and will be generated by the residences and businesses in the area, including the tutoring center that is approved by Conditional Use Permit No. CUP 09 -19. 5. That the granting of Conditional Use Permit No. CUP 09 -19 will not adversely affect the comprehensive General Plan because a tutoring center is consistent with the General Plan Land Use Designation for the subject area. 6. That the conversion of existing facilities to a tutoring center qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of a small commercial structure per Section 15303(c) of the CEQA Guidelines. Furthermore, the use applied for will not have a substantial adverse impact on the environment, and 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 wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -19, for a tutoring center with a maximum of 115 students in an existing two -story, 4,409 square -foot classroom building and a one -story, 2,336 square -foot social hall at an existing church complex at 1741 S. Baldwin Avenue, subject to the following conditions: 1. There shall not be more than one hundred fifteen (115) students and eleven (11) faculty and staff at any time at the tutoring center. 2 1811 2. The hours of operation of the tutoring center shall be limited to 3:00 p.m. to 6:30 p.m., Monday through Friday. The tutoring center shall not operate on weekends. 3. All other tutoring activities at this location, including, but not limited to the Kumon Learning Center and Tokyo Education Institute shall cease operations prior to operation of Nobel Education Institute at this site. No other activities or uses, except general church administration shall take place at the church complex during this tutoring center's operating hours. 4. The tutoring center shall post and distribute notices to all students, parents, and staff to provide instructions for 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 beginning operation of the tutoring center. 5. The pedestrian gate at the north end of the northerly parking lot is to remain locked during the tutoring center's operating hours to ensure that students and parents are not accessing the Church property from Sharon Road. 6. The modular /mobile trailer- office structure and the two parking spaces designated as spaces no. 23 no. 24 on the site plan shall be removed to improve the ingress and egress between the parking areas. 7. The parking lots at 721 W. Lemon Avenue and 1735 S. Baldwin Avenue shall be resurfaced and restriped per City standards to the satisfaction of the Development Services Director or designee prior to beginning operation of the tutoring center. 8. The use approved by CUP 09 -19 is limited to the proposed after school, 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 -19, and shall be subject to periodic 3 1811 4 inspections and the provisions of this Conditional Use Permit may be adjusted to address any impacts to the adjacent streets and neighboring properties. 9. A covenant to develop and hold the subject Church properties as one, in a form approved by the City Attorney shall be executed by the property owner(s) and recorded with the County Recorder prior to beginning operations of this tutoring center. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -19 shall be grounds for immediate suspension or revocation of any approvals, which will result in the closing of the tutoring center. 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment (including, but not limited to a full- coverage fire alarm system) and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Water supply requirements shall be provided to the satisfaction of the actual water supplier. 12. 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 1811 ATTEST: option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 13. Approval of CUP 09 -19 shall not take effect until the property owner(s), applicants, and business owners and operators 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 9th day of February, 2010. O r r, Planning Commission APPROVED AS TO FORM: Ps Stephen P. Deitsch, City Attorney fanning Commission 5 1811 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. 1811 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 9th day of February, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille NOES: None