HomeMy WebLinkAboutItem 1Development Services Department
January 24, 2012
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 11 -19 for a 1,020 square -foot
Chinese language tutoring school for children ages 6 -12 with a maximum
attendance of 20 students at one time at 26 E. Duarte Road.
SUMMARY
Mr. Chao Jia submitted Conditional Use Permit Application No. CUP 11 -19 for a 1,020
square -foot, Chinese - language tutoring center with a maximum of two instructors and
20 students at any one time for children ages 6 to 12 at 26 E. Duarte Road. It is staffs
opinion that the proposed tutoring center will not adversely impact nearby businesses
and properties. The Development Services Department is recommending approval of
this application, subject to the conditions listed in this staff report.
GENERAL INFORMATION
APPLICANT: Mr. Chao Jia
LOCATION: 26 E. Duarte Road
REQUEST: A Conditional Use Permit for a 1,020 square -foot, tutoring center for
children ages 6 to 12 with a maximum of 2 instructors and a maximum
attendance of 20 students at 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 repair shop and tattoo parlor, zoned C -2
West: Convenience store and fueling 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 allows 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 -19 were mailed
on January 12, 2012 to the property owners, tenants and occupants of those properties
that are within 300 feet of the subject property (see 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 a local
newspaper.
BACKGROUND INFORMATION
The commercial space for the proposed tutoring center is within an existing 15,571
square -foot, commercial center that was constructed in 1948. The subject unit was
formerly occupied by an academic consulting office. There are 14 units at the subject
commercial center and 100 on -site parking spaces behind the center.
PROPOSAL AND ANALYSIS
The applicant is requesting approval of a Conditional Use Permit to use a 1,020 square -
foot, commercial unit as a Chinese - language tutoring center for children of ages 6 to 12,
with two (2) teachers and a maximum of 20 students at any time. The proposal will
provide two (2), 276 square -foot classrooms, two (2) restrooms, and an office. The
proposed class schedule is as follows:
Regular Schedule Summer and Winter Break Schedule
Weekdays 3:00 p.m. to 6:00 p.m.
Saturdays 9:00 a.m. to 12:00 noon
Parking and Traffic
Weekdays 9:00 a.m. to 6:00 p.m.
The required parking for a tutoring center is one (1) space for each employee and one (1)
space for every five (5) students. Staff is assuming there could be an office worker in
CUP 11 -19
26 E. Duarte Road
January 24, 2012 - page 2
addition to the two (2) instructors and the 20 students for a total requirement of seven (7)
on -site parking spaces for this proposed tutoring center.
The other units in the subject commercial center have a combined total floor area of
14,551 square feet. The uses consist of retail, general office, a martial arts studio (8 E.
Duarte Rd. — CUP 11 -05 /Reso. 1840) a donut shop (34 E. Duarte Rd. — CUP 76 -3 /Reso.
927) and possibly another martial arts studio being operated in conjunction with a
religious ministry office (26% E. Duarte Rd.). A CUP is not on file for a martial arts studio
at this location, and staff is checking on the status of this use.
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. The parking requirement for a martial arts studio is one (1) space per 100 square
feet of instruction area, which results in a requirement of eight (8) spaces for the studio at
8 E. Duarte Road. The donut shop, including the outdoor seating area occupies a total of
1,295 square feet and is allowed a maximum seating capacity of 30 people. Under
current parking requirements, this use is required to have 10 spaces per 1,000 square
feet of gross floor area for a requirement of 13 spaces.
With the retail parking ratio applied to the 11 retail /office uses in this center, and the
requirements of the martial arts studio, donut shop, and proposed tutoring center; a total
of 86 on -site parking spaces is required for this center. There are 100 on -site parking
spaces, which is a parking surplus of 14 spaces. Based on this surplus and the layout of
the parking lot, it is staff's opinion that there is sufficient on -site parking and circulation
to accommodate the proposed tutoring center. 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, and if it is determined that no
significant physical alterations to the site are necessary, then this project, as an existing
facility involving negligible expansion of use, is categorically exempted by the California
Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines.
A Preliminary Exemption Assessment is attached to this staff report.
CUP 11 -19
26 E. Duarte Road
January 24, 2012 — page 3
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 tutoring center is not a significant 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 tutoring center is allowed in the C -2 zones
with an approved Conditional Use Permit per Section 9275.1.56 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 tutoring center will comply with all applicable 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 tutoring
center will not significantly increase traffic from the previous commercial use and the
surrounding streets are all adequate for more than the projected type of traffic
expected to be generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed tutoring center is a commercial use
that is consistent with the General Plan Land Use Designation of the site.
It is staffs opinion that the proposed tutoring center, with conditions of approval,
satisfies each prerequisite condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 11 -19, subject to the following conditions:
1. The tutoring center shall be limited to a maximum of two (2) instructors, one (1) other
employee, and 20 students of ages 6 to 12 at any one time.
CUP 11 -19
26 E. Duarte Road
January 24, 2012 — page 4
2. Classes are limited to the following schedule:
Regular Schedule
Weekdays 3:00 p.m. to 6:00 p.m.
Saturdays 9:00 a.m. to 12:00 noon
Summer and Winter Break Schedule
Weekdays 9:00 a.m. to 6:00 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 tutoring center 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 Community Development Administrator or designee.
4. The use approved by CUP 11 -19 is limited to the proposed tutoring center, which
shall be operated and maintained in a manner that is consistent with the proposal
and plans submitted and conditionally approved for CUP 11 -19.
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 -19
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring center.
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 -19 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 -19
26 E. Duarte Road
January 24, 2012 — 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 -19; state the
supporting findings and environmental determination, and adopt the attached
Resolution No. 1849, or as modified by the Commission, which 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 -19; 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 January 24, 2012 public hearing, please contact
Assistant Planner, Nick Baldwin by calling (626) 574 -5444, or by email at
nbaldwin @ci.arcadia.com.
Approved by:
Jim ama
C. munity Development Administrator
Attachments: Aerial Photo with Zoning Information
300 -foot Radius Map
Photos of Subject Property
Site Plan and Proposed Floor Plan
Preliminary Exemption Assessment
Resolution No. 1849
CUP 11 -19
26 E. Duarte Road
January 24, 2012 — page 6
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ALLAN WILLSON.
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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 -19
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):
26 E. Duarte Road •
3.
Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name
Chao Jia
(2) Address
727 Southview Rd., #K, Arcadia, CA
91007
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.
e. ►Z/
The project is categorically exempt.
Applicable Exemption Class:
01
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: 1 -24 -12
Preliminary Exemption Assessment\2010
Staff: Nick Baldwin, Assistant Planner
FORM "A"
RESOLUTION NO. 1849
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 11 -19 FOR A 1,020 SQUARE -FOOT CHINESE LANGUAGE
TUTORING CENTER FOR CHILDREN AGES 6 -12 WITH A MAXIMUM
ATTENDANCE OF 20 STUDENTS AT ONE TIME AT 26 E. DUARTE
ROAD
WHEREAS, on November 9, 2011, an application was filed by Mr. Chao Jia for
1,020 square -foot Chinese language tutoring center at 26 E. Duarte Road, Development
Services Department Case No. CUP 11 -19; and
WHEREAS, a public hearing was held by the Planning Commission on January
24, 2012, 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 January 24, 2012 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 tutoring center 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 tutoring center is allowed in the C -2 zones with
an approved Conditional Use Permit per Section 9275.1.56 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 tutoring center will comply with all applicable 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 tutoring
center will not significantly increase traffic from the previous commercial use and the
surrounding streets are all adequate for more than the projected type of traffic expected
to be generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed tutoring center is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 11 -19 for a 1,020 square foot tutoring center at 26 E.
Duarte Road, subject to the following conditions:
1. The tutoring center shall be limited to a maximum of two (2) instructors,
one (1) other employee, and 20 students of ages 6 to 12 at any one time.
2. Classes are limited to the following schedule:
-2- 1849
Regular Schedule Summer and Winter Break Schedule
Weekdays 3:00 p.m. to 6:00 p.m. Weekdays 9:00 a.m. to 6:00 p.m.
Saturdays 9:00 a.m. to 12:00 noon
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 tutoring center
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 Community Development Administrator or designee.
4. The use approved by CUP 11 -19 is limited to the proposed tutoring center,
which shall be operated and maintained in a manner that is consistent with the proposal
and plans submitted and conditionally approved for CUP 11 -19.
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 -19 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
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
-3- 1849
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 -19 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 Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 24th day of January, 2012.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
-4- 1849