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HomeMy WebLinkAboutItem 1STAFF REPORT Development Services Department July 26, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 11 -05 for a 1,700 square - foot martial arts studio with a maximum of one instructor and 25 students at any one time at 8 E. Duarte Road. SUMMARY Mr. Tommy Chavies of American Kenpo Concepts submitted Conditional Use Permit Application No. CUP 11 -05 for a 1,700 square -foot martial arts studio with a maximum of one instructor and 25 students at any one time at 8 E. Duarte Road. It is staff's opinion that the martial arts studio will not adversely impact nearby businesses and neighboring properties. The Development Services Department is recommending approval of this application, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Tommy Chavies of American Kenpo Concepts LOCATION: 8 E. Duarte Road REQUEST: A Conditional Use Permit for a 1,700 square -foot martial arts studio with a maximum of one instructor and 25 students at any one time. SITE AREA: 54,398 square feet (1.25 acre) FRONTAGE: 327 feet along Duarte Road EXISTING LAND USE & ZONING: The site is developed with a 15,571 square -foot commercial center built in 1948, and is zoned C -2, General Commercial. SURROUNDING LAND USES & ZONING: North: Service station and tire shop, zoned C -2 South: Multiple - family residences, zoned R -3 East: Auto body shop and tattoo parlor, zoned C -2 West: 7- Eleven convenience store and gas station, zoned C -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) — The Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allow a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 11 -05 were mailed on July 14, 2011 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject unit is located within an existing 15,571 square -foot commercial strip center that was constructed in 1948. The unit was formerly a liquor store, but the business license was revoked in 2009 because the operator was convicted for selling alcoholic beverages to minors. There are thirteen (13) units in the subject commercial center. The subject martial arts studio was previously located at 153 N. Santa Anita Avenue that was approved under CUP 02 -016 — Resolution No. 1678. The approval was conditioned with there being a parking agreement between the subject property and a neighboring church property, and in the absence of a church use for a period of more than six months; the parking agreement became null and void. The Arcadia Redevelopment Agency acquired the church property, and relocated the church in 2009, and that property is currently being leased to Rusnak Mercedes Benz for vehicle storage. Therefore, the Conditional Use Permit for a martial arts studio at that location was invalidated, and the applicant moved his business to 8 E. Duarte Road. PROPOSAL AND ANALYSIS The applicant is requesting approval of a Conditional Use Permit to use a 1,700 square -foot commercial unit as a martial arts studio with a maximum of one (1) instructor and 25 students at any one time. The proposal will provide a 763 square - foot instructional floor area, two changing rooms, an office, a waiting area, and a CUP 11 -05 8 E. Duarte Road July 26, 2011 — page 2 restroom. The age of the students will be five years and over. The proposed class schedule is as follows: Mon., Wed., & Thurs.: Tuesdays: Fridays: Saturdays: Parking and Traffic 10:00 a.m. to 12:00 p.m. & 3:00 p.m. to 8:30 p.m. 3:00 p.m. to 8:30 p.m. 10:00 a.m. to 12:00 p.m. & 5:00 p.m. to 7:00 p.m. 10:00 a.m. to 2:00 p.m. The required parking for a martial arts studio is one (1) space per 100 square feet of instructional floor area. For the proposed 763 square -foot instructional floor area, eight (8) parking spaces are required. The other 12 units in the subject commercial center have a combined total floor area of 13,871 square feet, and they consist of retail and general office uses. The parking ratio for retail uses is five (5) spaces per 1,000 square feet of gross floor area, and for general office uses it is four (4) spaces per 1,000 square feet of gross floor area. If the higher retail parking ratio is applied to all 12 of the other units in this center, 70 on -site parking spaces would be required for those units, and with the proposed martial arts studio, 78 parking spaces would be required for the entire center. There are 92 on -site parking spaces, which is a parking surplus of fourteen (14) spaces for this proposal. At staffs request, the applicant provided a parking survey of the actual usage of the subject parking lot. The survey was conducted between Tuesday, May 31, 2011 and Monday, June 6, 2011. The applicant recorded the number of occupied parking spaces at regular intervals, between 10:00 a.m. and 8:30 p.m., and staff has visited the site on multiple occasions to substantiate the survey data. The survey shows that the highest usage was 51 vehicles parked between 3:00 p.m. to 4:00 p.m. on Wednesday, June 1, 2011 and on Thursday, June 2, 2011. Based on the parking surplus per Code, the parking survey, and staff's observations of the site, it is staff's opinion that there is sufficient on -site parking and circulation to accommodate the proposed use. However, to avoid adding traffic impacts on Duarte Road, student pick -up and drop -off shall be limited to the rear parking lot area. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design 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. CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined CUP 11 -05 8 E. Duarte Road July 26, 2011 — page 3 that no significant physical alterations to the site are necessary, then this project, as a an existing facility involving negligible expansion of use, is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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 martial arts studio will be a negligible expansion of the previous commercial use and will not have any adverse impacts to the neighboring businesses or properties. 2. 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. 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. The proposed martial arts studio complies with all applicable the City requirements. 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 proposed martial arts studio will not significantly increase traffic from the previous commercial use and the surrounding streets are all adequate for the projected type of traffic. 5. 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. It is staff's opinion that the proposed martial arts studio, with conditions of approval, satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 11 -05, subject to the following conditions: 1. The martial arts studio shall be limited to a maximum of one (1) instructor and 25 students at any one time. CUP 11 -05 8 E. Duarte Road July 26, 2011 — page 4 2. Classes are limited to the following schedule: Mon., Wed., & Thurs.: 10:00 a.m. to 12:00 p.m. & 3:00 p.m. to 8:30 p.m. Tuesdays: 3:00 p.m. to 8:30 p.m. Fridays: 10:00 a.m. to 12:00 p.m. & 5:00 p.m. to 7:00 p.m. Saturdays: 10:00 a.m. to 2:00 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. 4. The use approved by CUP 11 -05 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 11 -05. 5. 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. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 11- 05 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the martial arts studio. 7. 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. 8. Approval of CUP 11 -05 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. CUP 11 -05 8 E. Duarte Road July 26, 2011 — page 5 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 11 -05; state the supporting findings and environmental determination, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 11 -05; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the July 26, 2011 public hearing, please contact Associate Planner, Thomas Li by calling (626) 574 -5447, or by email at tli @ci.arcadia.ca.us. Approved by: Ji asama ommunity Development Administrator Attachments: Aerial Photo 300 -foot Radius Map Photos of Subject Property Parking Survey Proposed Plans Preliminary Exemption Assessment CUP 11 -05 8 E. Duarte Road July 26, 2011 — page 6 8 E. Duarte Road CUP 11-05 Ire SUEMORENO (626)350.6914 OWNERSHIP 1 OCCUPANTS LIST RADIUS MAPS -LAND USE. PLANS MUNICIPAL COMPLIANCE CONSULTING 166 LAMBERTAVIEL MONTE, CA91732- FAX(626)350•' PROJECT INFORMATION 8 E. DUARTE RD. ARCADIA, CA. 11 -143 32 Zb ZI Z6 eD C) SCALE 1" = 200 CAMPUS D $ ALICE ST. g LUCILE, M a5 < SALICE 37 4 4 c SHEET 4 9A 1 f O rr li I k. /f0 v 0 eit T , x rf s s � a .. In 2® a6 1: 33 32 2 31 ' .SHEET •3' 1 '' 27 26 1 ' -• 4O. 6 4 � •1 .1 r1 r ®8 1. A 156 �,O IF we g LUCILE, M a5 < SALICE 37 4 4 c SHEET 4 9A J• 0 QP IMO h 24 <e tl �O G 0'410 0 0 (DO �` O� I 0 Or°O O h f ! ! a n II tt 1/ 1 za 2 21 eo 10 $ 0 1e 40o,00s ^- 48.0•111411 Y IISSOb A9 VE.'O D 16 lf.1f O 37 f0 I! O rr li I k. /f0 v 0 eit T , i. z a a z .. In tst J• 0 QP IMO h 24 <e tl �O G 0'410 0 0 (DO �` O� I 0 Or°O O h f ! ! a n II tt 1/ 1 za 2 21 eo 10 $ 0 1e 40o,00s ^- 48.0•111411 Y IISSOb A9 VE.'O D 16 lf.1f O 37 f0 I! O rr li I k. /f0 v 0 eit T , i. z a a z /00 OQ. :'LOT6 ®arrf.k. 1441 /w' A!f E •l !'f. XJtN O a$S Ae. op tk�O 0:177X— AO :of foll Of 1.,0;kJ 11 W N MAGNA 131 CUP 11 -05 — 8 E. Duarte Road View of the subject unit from the parking lot View of the subject unit on Duarte Road #4 continue) Survey taken on 5/31/2011 Tuesday Timeframe # of Vehicles in parking lot 10 amto12pm 35 3 pm to 4 pm 45 4pmto5pm 40 5pmto6pm 42 7pmto8:30pm 33 Survey taken on 6/1/2011 Wednesday Timeframe # of Vehicles in parking lot 10 am to 12 pm 40 3pmto4pm 51 4pmto5pm 48 5pmto6pm 43 7pmto8:30pm 31 Survey taken on 6/2/2011 Thursday Timeframe # of Vehicles in parking lot 10 am to 12 pm 43 3pmto4pm 51 4pmto5pm 47 5pmto6pm 35 7pmto8:30pm 33 4 continue) Survey taken on 6/3/2011 Friday Timeframe # of Vehicles in parking lot 10 amto12pm 42 5pmto6pm 30 6pmto7pm 32 Survey taken on 6/4/2011 Saturday Timeframe 10 am to 2 pm # of Vehicles in parking lot 20 Survey taken on 6/6/2011 Monday Timeframe # of Vehicles in parking lot 10 amto12pm 45 3pmto4pm 35 4pmto5pm 30 5 pm to 6 pm 27 7 pm to 8:30 pm 25 FLOOR PLAN Address: 8 East Duarte Rd. Arcadia CA 91006 9' -2" � —N walkway Training Floor 25' -6" 8' -7" walkway Entrance w a k w a y Storage Waiting room 8' -2" 13' -0" Closet w a k w a y --� 3' -6" Changing room Changing room 10' -5" 5,-7" O 01 Scale: 0.125 ": 1' -0" Off Street Parking easement Santa Anta Ave A 0 Q 95 parking stalls CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: CUP 11 -05 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 8 E. Duarte Road 3. Entity or person undertaking project: A. B. Other (Private) (1) Name 1 Tommy Chavies (2) Address 655 N. Azusa Ave. #199, Azusa, CA 91702 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. The project is categorically exempt. e. ►/ Applicable Exemption Class: 101 f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 6 -22 -11 Preliminary Exemption Assessment\2010 Staff: Thomas Li, Associate Planner FORM "A"