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HomeMy WebLinkAbout1813RESOLUTION NO. 1813 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -01 TO OPERATE A TUTORING CENTER WITH UP TO 80 STUDENTS WITHIN 4,313 SQUARE -FEET OF EXISTING OFFICE SPACE ON THE SECOND -FLOOR OF THE COMMERCIAL SHOPPING CENTER AT 1135 W. HUNTINGTON DRIVE. WHEREAS, on January 11, 2010, an application was filed by Elite of Arcadia, Inc. for a tutoring center with a maximum of 80 students within 4,313 square -feet of existing office space on the second -floor of the commercial shopping center; Development Services Department Case No. CUP 10 -01; at 1135 W. Huntington Drive; WHEREAS, a public hearing was held by the Planning Commission on February 23, 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 February 23, 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 Huntington Drive, Michillinda Avenue, and Sunset Boulevard, all of which are 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 10 -01. 5. That the granting of Conditional Use Permit No. CUP 10 -01 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 10 -01, for a tutoring center with a maximum of 80 students within 4,313 square -feet of existing office space on the second -floor of the commercial shopping center at 1135 W. Huntington Drive, subject to the following conditions: 1. There shall not be more than fifty (50) students and thirteen (13) faculty and staff members at any time on weekdays, and no more than eighty (80) students and thirteen (13) faculty and staff at any time on Saturday. The tutoring center shall be closed on Sunday. Students shall arrive and depart in accordance with the schedule proposed and approved for CUP 10 -01. 2 1813 2. Instruction shall be limited to Tuesday- Thursday, 3:30 p.m. to 7:30 p.m., Friday, 4:00 p.m. to 8:30 p.m., and Saturday 8:30 a.m. to 6:00 p.m., except for 8 weeks in summer and 2 weeks in winter when instruction will be limited to Monday- Friday, 8:30 a.m. to 6:30 p.m. and Saturday 8:30 a.m. to 6:00 p.m. 3. The use approved by CUP 10 -01 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 10 -01, subject to the satisfaction of the Development Services Director or designee. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 6. 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 3 1813 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. 7. Approval of CUP 10 -01 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 ATTEST: SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 9th day of March, 2010. Sect -wry, fanning Commission APPROVED AS TO FORA: P. tei.r6-e_.e Stephen P. Deitsch, City Attorney 4 1813 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. 1813 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 March, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille NOES: None Secr 1 o the Planning Commission