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Home My WebLink About6757 RESOLUTION NO. 6757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT APPLICATION NO. CUP 10 -12 FOR A NEW 1,714 SQUARE -FOOT MARTIAL ARTS STUDIO WITH A MAXIMUM OF 2 INSTRUCTORS AND 12 STUDENTS AT ANY ONE TIME AT 921 S. BALDWIN AVENUE, #D. WHEREAS, on October 11, 2010, a Conditional Use Permit application was filed by Terence Kwok for a new 1,714 square -foot martial arts studio with a maximum of 2 instructors and 12 students at any one time, Development Services Department Case No. CUP 10 -12, at 921 S. Baldwin Avenue, #D; and WHEREAS, a public hearing was held before the Planning Commission on February 8, 2011, at which time the Planning Commission denied the project and adopted Resolution No. 1829 on February 22, 2011; and WHEREAS, within the prescribed five -day appeal period, the applicant appealed the project for reconsideration in order to have a full review of the facts and circumstances prior to a final decision by the City; and WHEREAS, a public hearing was held by the City Council on March 15, 2011, at which time all interested persons were given full opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 15, 2011 are true and correct. SECTION 2. This City Council finds: -1- A. That the granting of the Conditional Use Permit would not be detrimental to the public health and welfare, and injurious to the property and improvements in the zone or vicinity. The proposed martial arts studio will not have any adverse impacts to the neighboring businesses or properties and will be compatible with the surrounding uses. B. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A martial arts studio is allowed in the C -2 zones with an approved Conditional Use Permit per Section 9275.1.50.3 of the Arcadia Municipal Code. C. 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 proposed martial arts studio will increase the parking requirement by 3 spaces; a 4.0% change for an overall parking deficiency of 28 spaces, which will be mitigated by the conditions of approval. D. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Baldwin Avenue to the east of the site, and Fairview Avenue to the south of the site, and the nearby intersections are adequate to serve the existing shopping center with the new martial arts studio. E. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed martial arts studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. -2- F. That the proposed project is a minor alteration of an existing facility and is therefore exempt from the California Environmental Quality Act (Class 3 Categorical Exemption, Section No. 15303). SECTION 3. That for the foregoing reasons, the City Council approves Conditional Use Permit Application No. CUP 10 -12 for a new 1,714 square -foot martial arts studio with a maximum of 2 instructors and 12 students at any one time at 921 S. Baldwin Ave., #D, subject to the following conditions: 1. The martial arts studio shall be limited to a maximum of 2 instructors and /or employees and 12 students at any one time. 2. No instruction shall occur on Fridays from 5:30 p.m. to 10:00 p.m.; Saturdays from 11:00 a.m. to 2:00 p.m. and 5:00 p.m. to 10:00 p.m.; and Sundays from 11:00 a.m. to 2:00 p.m. and 5:30 p.m. to 8:00 p.m. 3. Student pick -up and drop -off shall occur in the on -site parking lot only. Parents shall be required to park their vehicles when picking -up and dropping -off students, and no queuing of vehicles shall occur in the parking lot. The martial arts studio shall post and distribute notices to all students, parents, and staff to provide instructions for where to park, and where to drop -off and pick -up students in accordance with requirements established by the City. A draft of the notice shall be submitted to the City for review and approval by the Development Services Director or designee prior to beginning operation of the martial arts studio. 4. This approval of CUP 10 -12 includes a parking modification /reduction of 3 spaces for the 1,714 square -foot martial arts studio, and a parking modification of 50 spaces in lieu of 78 required for the martial arts studio and existing uses at this -3- shopping center. This parking modification is not an approval for a general reduction of the parking requirements for the subject commercial space, the subject building, or the subject site. 5. The use approved by CUP 10 -12 is limited to the proposed martial arts studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 10 -12, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets and neighboring businesses or properties observed during these inspections. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the martial arts studio. 8. 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 -4- 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. 9. Approval of CUP 10 -12 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 5th day of Anril , 2011. f . I fayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6757 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of April, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chandler, Harbicht, Kovacic and Amundson NOES: None ABSENT: Council Member Segal per ... City Clerk of the City of Arcadia -6-