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:
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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.
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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
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