HomeMy WebLinkAbout1815RESOLUTION NO. 1815
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP
10 -02 TO OPERATE AN 800 SQUARE -FOOT ART STUDIO WITH A MAXIMUM
OF TEN (10) STUDENTS WITHIN A TWO- STORY, COMMERCIAL OFFICE
BUILDING AT 400 N. SANTA ANITA AVENUE, SUITE 102.
WHEREAS, on January 14, 2010, an application was filed by Lauren Hinds for an 800
square -foot art studio with a maximum of 10 students within a two -story, commercial office
building; Development Services Department Case No. CUP 10 -02, at 400 N. Santa Anita
Avenue, Suite 102; and
WHEREAS, a public hearing was held by the Planning Commission on April 27, 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 April 27, 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 art studio 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 9275.1.37.1.1 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
La Porte Street, 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 art studio that is approved by
Conditional Use Permit No. CUP 10 -02.
5. That the granting of Conditional Use Permit No. CUP 10 -02 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 10 -02, for an 800 square -foot art studio with a maximum of 10 students within
an existing commercial office building at 400 N. Santa Anita Avenue, Suite 102, subject to the
following conditions:
1. There shall not be more than ten (10) students and two (2) faculty and /or staff
members at any one time.
2. The hours of operation shall be limited to Tuesday Friday, 11:00 a.m. to 5:00 p.m.
and Saturday, 9:00 a.m. to 5:00 p.m. The studio shall be closed on Sunday and Monday.
3. The use of the art studio after 5:00 p.m. by calligraphy, quilting, and similar groups
is permitted with the following conditions:
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a. The combined use by all groups shall not exceed twice per month.
b. The size of the groups shall not exceed 10 persons.
c. Group activities shall end no later than 9:00 p.m.
4. Conditional Use Permit No. CUP 10 -02 includes a Parking Modification to allow 11
on -site parking spaces in lieu of 14 spaces required. This Parking Modification does not
constitute an approval of a general reduction or alteration of the parking requirements for the
subject property, but rather only for the art studio that is herein conditionally approved. Uses
other than this art studio shall be subject to a new Conditional Use Permit and /or Parking
Modification.
5. The use approved by CUP 10 -02 is limited to the proposed art studio and it shall be
operated and maintained in a manner that is consistent with the proposal and plans submitted
and approved for CUP 10 -02, subject to the satisfaction of the Development Services Director
or designee.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -02
shall be grounds for immediate suspension or revocation of any approvals, which could result in
the closing of the art studio.
7. 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.
8. 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
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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.
9. Approval of CUP 10 -02 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 10th day of May, 2010.
Planning ommission
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
j` an, lanning Commission
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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. 1815 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 11th day of
May, 2010 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille
NOES: None
ry of the Planning Commission