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.
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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"
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walkway
Training Floor
25' -6"
8' -7"
walkway
Entrance
w
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Storage
Waiting
room
8' -2"
13' -0"
Closet
w
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w
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--� 3' -6"
Changing room
Changing
room
10' -5"
5,-7"
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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"