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HomeMy WebLinkAbout1817RESOLUTION NO. 1817 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -04 TO AMEND CUP 09 -19 (RESOLUTION 1811) TO EXPAND THE OPERATING SCHEDULE AND PERMIT LIMITED EXTERIOR SIGNAGE FOR THE TUTORING CENTER AT 1741 S. BALDWIN AVENUE. WHEREAS, on March 25, 2010, an application was filed by Ms. Michelle Wang to amend the previously approved Conditional Use Permit No. CUP 09 -19 (Resolution 1811) for the tutoring center at 1741 S. Baldwin Avenue; Development Services Department Case No. CUP 10 -04; and WHEREAS, a public hearing was held by the Planning Commission on May 25, 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 May 25, 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 tutoring center does 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. 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 W. Lemon Avenue, which is adequate in width and pavement type for the traffic demands of the residences and businesses in the area, including the tutoring center that was approved by Conditional Use Permit No. CUP 09 -19. 5. That the granting of Conditional Use Permit No. CUP 10 -04 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. This minor addition /expansion to an educational operation qualifies as a Class 14 Categorical Exemption of the California Environmental Quality Act (CEQA) per Section 15314 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 -04 to amend CUP 09 -19 (Resolution 1811) to expand the operating schedule and allow limited exterior signage for the tutoring center at 1741 S. Baldwin Avenue, subject to the following conditions: 1. There shall not be more than one hundred fifteen (115) students and eleven (11) faculty and staff at any time at the tutoring center on weekdays, and no more than thirty (30) students and four (4) faculty and staff at any time on Saturdays. The tutoring center shall be closed on Sundays. 2. The hours of operation of the tutoring center shall be limited to 3:00 p.m. to 6:30 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturday, except for a nine week period beginning in June and ending in August when the hours of operation shall be 2 1817 limited to 8:00 a.m. to 6:30 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturday. 3. No other activities or uses, except general church administration shall take place at the church complex during this tutoring center's operating hours. 4. CUP 10 -04 includes a Modification to allow a permanent sign for the tutoring center to be displayed on an east facing building wall at this residentially -zoned site. The design, size, and specific location on the building wall shall be subject to design review approval by the Development Services Department. 5. CUP 10 -04 includes a Modification to allow the display of temporary banners on an east facing building wall at this residentially -zoned site. The temporary banners shall comply with all other applicable temporary banner regulations. 6. The tutoring center shall post and distribute notices to all students, parents, and staff to provide instructions for where to park, and where to drop -off and pick -up students in accordance with requirements established by the City. 7. The use approved by CUP 10 -04 is limited to the proposed tutoring center, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -04, and shall be subject to periodic inspections and the provisions of this Conditional Use Permit may be adjusted to address any impacts to the adjacent streets and neighboring properties. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 10- 04 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 3 1817 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Water supply requirements shall be provided to the satisfaction of the actual water supplier. 10. 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. 11. Approval of CUP 10 -04 shall not take effect until the property owner(s), applicants, and business owners and operators have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 4 1817 ATTEST: SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8th day of June 2010. Sec A' 'ROVED AS TO FORM: nning Commission Stephen P. Deitsch, City Attorney Are 11 ,1 "#anning Commission 5 1817 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. 1817 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 8th day of June, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek ry of the Planning Commission