Loading...
HomeMy WebLinkAbout1831RESOLUTION NO. 1831 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -02 TO AMEND CUP 10 -10 FOR THE TUTORING CENTER AT 50 WEST LAS TUNAS DRIVE. WHEREAS, on February 3, 2011, an application was filed by Dr. James Su of Harvard Education Center to amend the previously approved Conditional Use Permit No. CUP 10 -10 for the existing tutoring center at 50 West Las Tunas Drive, Development Services Department Case No. CUP 11 -02; and WHEREAS, a public hearing was held by the Planning Commission on March 8, 2011, 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 March 8, 2011 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 tutoring 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 observed parking availability 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. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -02 to extend the operating hours of an existing tutoring center at 50 West Las Tunas Drive, subject to the following conditions: 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 Saturdays and Sundays. 2. From June to August, classes shall be limited to 8:30 a.m. to 5:30 p.m., Monday through Friday. From September to May, class hours shall be limited to 3:45 p.m. to 6:30 p.m., Monday through Friday. Administrative office hours shall be limited to 9:00 a.m. to 7:00 p.m., seven days a week. -2- 1831 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 11 -02 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 11 -02, subject to the satisfaction of the Development Services Director or designee. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -02 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. 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 -3- 1831 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 11 -02 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 a_ day of /9 ,k, , 2011. ATTEST: Secretary, Commission ry, g ommission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney lanning Commission 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. 1831 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 22nd day of March, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, and Parrille NOES: None ABSENT: Commissioner Chiao Secretary of the Planning Commission