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HomeMy WebLinkAbout1812RESOLUTION NO. 1812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09 -20 TO OPERATE A TUTORING CENTER WITH A MAXIMUM OF FORTY (40) STUDENTS IN AN EXISTING 2,255 SQUARE -FOOT COMMERCIAL BUILDING AT 222 -224 S. FIRST AVENUE. WHEREAS, on November 12, 2009, an application was filed by Janice Yen for a tutoring center with a maximum of 40 students in an existing 2,255 square -foot commercial building; Development Services Department Case No. CUP 09 -20, at 222 -224 S. First 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 businesses and uses in the 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. 2 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 S. First Avenue, which is adequate in width and pavement type for the commercial traffic that is and will be generated by the businesses in the area, including the tutoring center that is approved by Conditional Use Permit No. CUP 09 -20. 5. That the granting of Conditional Use Permit No. CUP 09 -20 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 a commercial space 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 -20, for a tutoring center with a maximum of 40 students in an existing 2,255 square -foot commercial building at 222 -224 S. First Avenue, subject to the following conditions: 1. There shall not be more than forty (40) students, and three (3) faculty and staff members at any time at this tutoring center and the students shall arrive and depart in accordance with the schedule proposed and approved for CUP 09 -20. 2. The hours of operation shall be limited to Monday Saturday, 12:00 noon to 7:00 p.m., with group instruction limited to Monday Friday, 3:00 p.m. to 6:00 p.m., and Saturdays 2:30 p.m. to 5:30 p.m. 1812 3. The parking lot shall be reoriented and restriped to Code, except that a Modification for a six -inch adjustment to the width(s) of one or more standard parking spaces is granted to enable eight parking spaces to fit on this site, and the following site improvements shall also be provided: a. The driveway shall be marked to indicate two -way travel and a, "Right Turn Only" sign shall be posted on the northerly /exit side of the driveway. b. The trash enclosure shall be enlarged (widened) to accommodate the trash bin and a solid metal gate shall be installed. driveway area. c. The landscaping shall be trimmed so that it does not impinge on the d. The parking lot improvements and all these other site improvements shall be completed to the satisfaction of the Development Services Director or designee and prior to beginning operation of this tutoring center. 4. The use approved by CUP 09 -20 is limited to the proposed after school tutoring center and it shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -20, subject to the satisfaction of the Development Services Director or designee. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -20 shall be grounds for immediate suspension or revocation of any approvals, which will result in the closing of the tutoring center. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment (including a full- coverage fire alarm system) parking and site design, and water supply and irrigation systems are required to be 3 1812 complied with to the satisfaction of the Building Official, City Engineer, 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. 8. Approval of CUP 09 -20 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) 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. [SIGNATURES ON NEXT PAGE] 4 1812 ATTEST: Passed, approved and adopted this 9th day of February, 2010. Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 5 airman, anning Commission 1812 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. 1812 was passed and adopted by the Planning Commission of the Cityof 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 Secr e of the tanning Commission