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.
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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
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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
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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