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.
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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
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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