HomeMy WebLinkAboutItem 2STAFF REPORT
Development Services Department
April 24, 2012
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Lisa Flores, Senior Planner
SUBJECT: Conditional Use Permit No. CUP 11 -10 with a parking modification
to permit a tutoring center with a maximum of 18 students (grades
6 -12) in an existing 1,030 square -foot commercial unit at 511 S.
First Avenue, Suite D (dba: Rise Up Academy)
SUMMARY
Conditional Use Permit Application No. CUP 11 -10 was filed by Christopher
Shen and Yihsuan Ho, the owners of Rise Up Academy for a tutoring center with
a maximum of eighteen (18) students (grades 6 -12) and three (3) staff members.
Attached are an aerial photo of the site, a floor plan, and photos of the facility.
The Development Services Department is recommending approval of this
application and the related parking modification, subject to the conditions listed in
this staff report.
GENERAL INFORMATION
APPLICANTS: Christopher Shen and Yihsuan Ho
LOCATION: 511 S. First Avenue, Suite D
REQUEST: A Conditional Use Permit to expand the one -on -one tutoring
business to a group tutoring center at an existing 1,030 square -
foot, commercial unit for a maximum of eighteen (18) students
and three (3) staff members, and a parking modification of 5 on-
site parking spaces in lieu of 19 spaces required.
SITE AREA: 7,793 square feet (0.18 acre)
FRONTAGES: 55 feet along First Avenue
141.7 feet along an alley on the south side of the site
EXISTING LAND USE & ZONING:
The subject unit is located within a 3,536 square -foot, one -story
commercial building. The property is zoned MU, Mixed Use.
SURROUNDING LAND USES & ZONING:
North: Dental Office — zoned MU
South: Art school and Commercial Uses — zoned MU
East: Funeral home and office building — zoned MU
West: Multi- family Residential — zoned R -3
GENERAL PLAN DESIGNATION:
Mixed Use (1.0 FAR for commercial and 22 -30 dwelling units per
acre for residential) — This designation provides opportunities for
commercial and residential mixed -use development that takes
advantage of easy access to transit and proximity to employment
centers, and that provide complementary mixes of uses that
support and encourage pedestrian activity. Mixed -use districts
support commercial uses that integrate well with residential
activity without creating conflicts. Development approaches
encourage shared use of parking areas and public open spaces,
pedestrian movement, and interaction of uses within a mixed -use
district. Design approaches should minimize or limit curb
cuts /driveways at the front of the development when rear or side
egress options are available.
Mixed Use requires the inclusion of a ground - floor, street -
frontage commercial component for all projects. Mixed
commercial /office and residential tenancies and stand -alone
commercial or office uses are allowed. However, exclusively
residential buildings are not allowed.
PUBLIC HEARING NOTIFICATION
Public hearing notices for CUP 11 -10 were mailed on April 12, 2012 to the
property owners and occupants of those properties that are located 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 a
local newspaper.
BACKGROUND INFORMATION
The site is developed with a 3,536 square -foot, one -story commercial building
constructed in 1959. There are four (4) units in the commercial building. Two (2)
of the units are occupied by an insurance company, and one (1) is occupied by a
mailbox service center. The subject unit was formerly occupied by an office use.
CUP 11 -10
511 S. First Avenue
April 24, 2012 — page 2
The site has five (5) on -site parking spaces with one (1) being a handicap space.
Each space, except the handicap space is designated for one of the units. But,
the property owner has agreed to provide two (2) spaces for the tutoring center.
The consent letter is attached.
Tutoring centers are permitted in the MU zone with an approved Conditional Use
Permit. The subject business, Rise Up Academy, was approved for one -on -one
tutoring, which is considered an office use, and began operating on March 15,
2011. But, the business has become a group tutoring center, and currently has
six (6) middle school students, ten (10) high school students, two (2) full -time
instructors (the applicants) and one (1) part-time office assistant.
PROPOSAL AND ANALYSIS
The applicants are requesting approval of the change of the operation from one -
on -one tutoring to a group tutoring center with a maximum of 15 students during
the school year, 18 students during the summer months, and two (2) instructors
and one (1) staff member at any given time. The tutoring schedule will follow the
schedule of the Arcadia schools. The teacher -to- student ratio for the middle
school students is to be 1:6, and for the high school students it will be 1:9.
During the summer, the teacher -to- student ratio will be 1:6 for all grade levels.
There are four (4) classrooms, a computer area, an office, one (1) restroom, and
a reception area — see the attached floor plan. The proposed schedule is as
follows:
Regular Schedule
Monday through Thursday 3:00 p.m. to 9:00 p.m.
Fridays (Only Middle School Students) 3:00 p.m. to 6:00 p.m.
Saturdays (SAT Preparation) 8:00 a.m. to 1:00 p.m.
Summer Schedule
Monday through Thursday 10:00 a.m. to 6:00 p.m.
Parking and Traffic
The required parking for a tutoring center is one (1) parking space for each
employee, one (1) parking space for every three (3) students of high school age
or older, and one (1) space for every five (5) students younger than high school
age. Based on the most intense part of the proposed schedule (Monday —
Thursday) this tutoring center is required to have eight (8) on -site parking
spaces.
The other units in the subject commercial building have a combined total area of
2,506 square feet and are occupied by an insurance company and a mailbox
service center. Under current parking requirements, these two uses are to have
11 on -site parking spaces. And, as a one -on -one tutoring service, which is
considered an office use, the subject 1,030 square -foot space had a requirement
CUP 11 -10
511 S. First Avenue
April 24, 2012 — page 3
of four (4) parking spaces. Without the expanded tutoring center, there is an on-
site parking requirement of 15 spaces for this property, and an existing deficiency
of ten (10) parking spaces. With the proposed tutoring center, there is a total on-
site parking requirement of 19 spaces for the subject property, which increases
the deficiency to 14 parking spaces.
The applicants currently provide a pick -up and drop -off service for at least three
(3) middle school students. The availability of this service appears to be
alleviating any parking problems, if there were any. Staff has not received any
complaints about this business or of any parking problems at this location. Some
students do arrive at this center by being dropped -off by their parents, but most
of them walk from First Avenue Middle School or Arcadia High School. The
applicants (husband and wife) carpool and use their one allotted on -site parking
space, and the part-time staff member parks on El Dorado Street. Parents can
pick -up their children, and because the tutoring sessions end after 5:00 p.m.
when the other two businesses have closed, the on -site and curbside parking are
readily available. Attached are diagrams (aerial photos) and a parking survey of
the First Avenue curbside parking availability. The City Engineer has reviewed
the parking survey and agrees that there is adequate on- street parking
throughout the day along First Avenue.
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 that no significant physical alterations to the site are necessary, then
this project, which is at an existing facility 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.
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
CUP 11 -10
511 S. First Avenue
April 24, 2012 — page 4
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 other existing uses at the subject site, or with the
neighborhood.
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 MU
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. Based on the proposal and the parking
availability, this site is adequate for the proposed project and adjustments
are not necessary.
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 and the
surrounding streets are all adequate for the 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. A tutoring center is a commercial use that is
consistent with the Land Use Designation of the site.
It is staffs opinion that the proposed tutoring center satisfies each prerequisite
condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional
Use Permit Application No. CUP 11 -10, subject to the following conditions:
1. There shall be no more than 18 students and three (3) staff members at any
time, and the tutoring center shall be operated and maintained in a manner
that is consistent with the proposal and plans submitted and approved for
CUP 11 -10, subject to satisfaction of the Development Services Director or
designee.
2. Tutoring sessions shall be held in accordance with the following schedule,
which shall coincide with the schedule of the Arcadia Unified School District:
Regular Schedule
Monday through Thursday 3:00 p.m. to 9:00 p.m.
Fridays (Only Middle School Students) 3:00 p.m. to 6:00 p.m.
Saturdays (SAT Preparation) 8:00 a.m. to 1:00 p.m.
CUP 11 -10
511 S. First Avenue
April 24, 2012 — page 5
Summer Schedule
Monday through Thursday 10:00 a.m. to 6:00 p.m.
3. This approval of CUP 11 -10 includes a parking modification for five (5) on-
site spaces in lieu of 19 spaces required. This is not an approval of a
general reduction of the parking requirements for the subject commercial
space, or the subject site, but only for the tutoring center approved by this
Conditional Use Permit.
4. The tutoring center must maintain two (2) exits to the satisfaction of the
Arcadia Fire Marshal, which includes that these doors remain unlocked
during business hours.
5. All new fire sprinkler heads shall be quick response type, and the fire
sprinkler system and fire alarm system shall be maintained to the satisfaction
of the Arcadia Fire Marshal.
6. Interior locking devices that can only be opened with a key are not permitted.
7. Illuminated exit signage and emergency lighting shall be provided to the
satisfaction of the Arcadia Fire Marshal.
8. Noncompliance with the plans, provisions and conditions of approval for
CUP 11 -10 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, and emergency equipment are required to be complied
with to the satisfaction of the Building Official, Community Development
Administrator, and Fire Marshal.
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 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.
CUP 11 -10
511 S. First Avenue
April 24, 2012 — page 6
11. Approval of CUP 11 -10 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.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission
should move to approve Conditional Use Permit Application No. CUP 11 -10;
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 -10; 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 April 24, 2012 public hearing, please
contact Senior Planner, Lisa Flores by calling (626) 574 -5445, or by email at
Iflores @ci.arcadia.ca.us.
Approved by:
Ji ama
mmunity Development Administrator
Attachments: Aerial Photo with Zoning Information
Floor Plan
Photos of Subject Facility
300 -foot Radius Map
Consent Letter for Parking Space from Property Owner
Parking Diagrams and Parking Survey
Preliminary Exemption Assessment
CUP 11 -10
511 S. First Avenue
April 24, 2012 — page 7
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vpDA-IED
_30/12.
ALONCO
To the City of Arcadia, Planning Department,
My name is Alvin Yip and I am the owner of 511 S. First Avenue in Arcadia. The business that I
operate, Alonco Enterprises, Inc. uses Suites A & C. To alleviate the parking deficiency for my tenant,
Rise Up Academy of Unit D, I can allocate Unit C "s designated parking space for their use. Due to the
nature of my business, I am not as consistently in the office and don "t need both Suite A & C "s parking
spaces. Any additional questions or concerns regarding the usage of parking at 511 S. First Ave. can be
directed to me at 626 - 254 -8784 or email aloncoen@pacbell.net.
Please let me know if you have any questions regarding this matter. Thank you.
Sincerely,
Alvin Y. Yip
President of Alonco Enterprises, Inc.
Ls
APR 5 2012
i1.A k� F�bE S`.-IC`.ft:'c'.!b
C'• t'l f o f4Y..0 c ffJ f i
511 S FIRST AVE, SUITE A, ARCADIA, CA 91006 USA TEL 626- 254 -8784 FAX 626- 254 -8731
Arcadia, CA 91006
Regarding Conditional Use Permit No. CUP 11 -10
Suite D (Bird's Eye View for drop off and pick up area)
R1SEUPACADEMY
51 1 S. FIRST AVE SUITE D ARCADIA, CA 91006
OFFICE: (626) 821 -0551
Conditional Use Permit
Parking Analysis
Monday 4/9/12
Zone 1
Thursday 4/5/12
Zone 1
Zone 2
Zone 3
Zone 4
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Monday 4/9/12
Zone 1
Zone 2
Zone 3
Zone 4
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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 -10, a Conditional Use Permit with a parking modification to
permit a tutoring center with a maximum of 18 students (grades 6 -12) in
an existing 1,030 square -foot commercial unit.
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):
511 S. First Avenue, Suite D
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name G Christopher Shen and Yihsuan Ho
(2) Address 78 W. Norman Avenue, 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.
The project is categorically exempt.
e. /1
Applicable Exemption Class: 1 01 - Existing Facilities
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: 4 -9 -12
Preliminary Exemption Assessment\2011
Staff: Lisa Flores, Senior Planner
FORM "A"