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HomeMy WebLinkAbout1823RESOLUTION NO. 1823 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -10 TO OPERATE A TUTORING CENTER WITH 55 STUDENTS IN AN EXISTING 1,682 SQUARE -FOOT RETAIL SPACE AT 50 W. LAS TUNAS DRIVE. WHEREAS, on June 22, 2010, an application was filed by Dr. James Su of Arcadia Education Center to operate a tutoring center with 55 students at 50 W. Las Tunas Drive, Development Services Department Case No. CUP 10 -10; and WHEREAS, a public hearing was held by the Planning Commission on August 10, 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 August 10, 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. The proposed use is consistent with the existing zoning and General Plan Land Use Designation of the subject property and will not conflict with the existing uses at the subject site. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Arcadia Municipal Code Section No. 9275.1.56 authorizes a tutdfing center with an approved Conditional Use Permit in the CBD, CPD- 1, C -1 or any Tess restrictive commercial zone. 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. Based on the proposed schedule, and the hours of operation of the other existing businesses at this site, this proposal should not overburden the subject 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 site is bordered by two major arterials designed to accommodate high volumes of traffic. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A tutoring center is a commercial use that is consistent with the Land Use Designation of the site. 6. That the proposal for a tutoring center at an existing commercial center is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 1 minor alteration of an existing facility per Section 15301 and /or as a Class 22 educational or training program involving no physical changes of the CEQA Guidelines. Furthermore, a tutoring center will not have a substantial adverse impact on the environment, and based upon the record as a whole there is no evidence that the tutoring center at the existing commercial center 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 -10 for a tutoring center, subject to the following conditions: -2- 1823 1. There shall not be more than fifty -five (55) students and two (2) faculty and staff members on weekdays. No classes are allowed on Saturday and Sunday. 2. Class hours shall be limited to 3:45 p.m. to 6:30 p.m., Monday through Friday, and administrative office hours to 9:00 a.m. to 7:00 p.m., seven days a week. 3. A fire alarm system shall be installed for the subject unit to the satisfaction of the Arcadia Fire Marshal. 4. Key operated interior locking devices shall not be used. 5. Illuminated exit signage and emergency lighting shall be provided to the satisfaction of the Arcadia Fire Marshal. 6. The rear door facing Live Oak Avenue shall remain locked from the outside at all times. 7. The use approved by CUP 10 -10 is limited to the proposed 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 10 -10, subject to the satisfaction of the Development Services Director or designee. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -10 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 9. 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. -3- 1823 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 -10 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 acknowledge 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 16 day of S 2010. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: P Stephen P. Deitsch, City Attorney airman, tanning Commission -4- 1823