HomeMy WebLinkAbout1820RESOLUTION NO. 1820
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP
10 -07 TO OPERATE A 2,000 SQUARE -FOOT ART STUDIO WITH A
MAXIMUM OF TEN (10) STUDENTS AT 17 E. HUNTINGTON DRIVE.
WHEREAS, on May 10, 2010, an application was filed by Mr. Xiao Ming Chen and Mrs.
Yang Chen for a 2,000 square -foot art studio with a maximum of 10 students within a one -story,
commercial office building; Development Services Department Case No. CUP 10 -07, at 15 -17
E. Huntington Drive;
WHEREAS, a public hearing was held by the Planning Commission on June 22, 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 June 22, 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. The art studio will not
involve any changes to the existing landscaping, parking, or exterior of the building. The on -site
parking lot and adjacent public parking lot are adequate in size and shape to accommodate
employee parking and the pick -up and drop -off of students.
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 and from a rear alleyway, both of which are 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 -07.
5. That the granting of Conditional Use Permit No. CUP 10 -07 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 -07, for a 2,000 square -foot art studio with a maximum of 10 students within
an existing commercial building at 15 -17 E. Huntington Drive, 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 Monday Friday, 4:00 p.m. to 7:00
p.m. and Saturday Sunday, 9:00 a.m. to 5:30 p.m.
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3. Conditional Use Permit No. CUP 10 -07 includes a Parking Modification to allow 8
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.
4. Student pick -up and drop -off shall occur in the on -site parking lot and /or City
owned parking lot only. Parents shall be required to park their vehicles when picking -up and
dropping -off students, and no queuing of vehicles shall occur in the rear alley. The art studio
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. A draft of the notice shall be submitted to the City for review and
approval by the Development Services Director or designee prior to beginning operation of
the art studio.
5. The use approved by CUP 10 -07 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 -07, subject to the satisfaction of the Development
Services Director or designee.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 10-
07 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,
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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 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 -07 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.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this /3 1 Clay of —44 L Y 2010.
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anning Commission
1820
ATTEST:
Secr lanning Commission
APPROVED AS TO FORM:
Stephe 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. 1820 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 13th day of
July, 2010 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
ary of the Planning Commission