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HomeMy WebLinkAbout1821RESOLUTION NO. 1821 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -08 TO AMEND CUP 09 -20 (RESOLUTION 1812) TO EXPAND THE OPERATING SCHEDULE FOR A TUTORING CENTER AT 222 -224 S. FIRST AVENUE. WHEREAS, on May 12, 2010, an application was filed by Ms. Janice Yen to amend the previously approved Conditional Use Permit No. CUP 09 -20 (Resolution 1812) for the tutoring center at 222 -224 S. First Avenue; Development Services Department Case No. CUP 10 -08; 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 tutoring center 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 9275.1.56 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 property owners have made all of the necessary improvements needed to operate a tutoring center at this location, and approval of this Conditional Use Permit will not require any additional improvements or changes to be made to the site. 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 S. First Avenue, which is adequate in width and pavement type for the demands of the residences and businesses in the area, including the tutoring center that was approved by Conditional Use Permit No. CUP 09 -20. 5. That the granting of Conditional Use Permit No. CUP 10 -08 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 -08 to amend CUP 09 -20 (Resolution 1812) to expand the operating schedule for the tutoring center at 222 -224 S. First Avenue, subject to the following conditions: 1. There shall not be more than forty (40) students, and three (3) faculty and staff members at any time at this tutoring center and the students shall arrive and depart in accordance with the schedule proposed and approved for CUP 09 -20 and CUP 10 -08. 2. The hours of operation of the tutoring center shall be limited to 12:00 noon 9:30 p.m., Monday Friday, and Saturday Sunday, 9:00 a.m. to 5:30 p.m., except for a 2 1821 nine -week period beginning in June and ending in August when the hours of operation shall be limited to 9:00 a.m. to 5:30 p.m., Monday through Sunday. 3. The use approved by CUP 10 -08 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 09 -20 and CUP 10 -08, subject to the satisfaction of the Development Services Director or designee. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -20 and CUP 10 -08 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 shall cooperate fully in the defense of 3 1821 ATTEST: 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 -08 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 3 771 d ay of -.hi i ..'y 2010. nning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney nning Commission 4 1821 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. 1821 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 ry of the Planning Commission