Loading...
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: 2 1815 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 3 1815 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 4 1815 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