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HomeMy WebLinkAboutItem 3STAFF REPORT Development Services Department May 22, 2012 TO: FROM: SUBJECT: Arcadia Planning Commission Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner Conditional Use Permit Application No. CUP 12 -04 for a martial arts studio with a maximum of 40 students in a 3,200 square -foot commercial space at an existing neighborhood shopping center — 159 & 161 E. Foothill Boulevard. SUMMARY Conditional Use Permit Application No. CUP 12 -04 was filed by Mr. Terence Kwok for a martial arts studio with a maximum of 40 students in a 3,200 square -foot commercial space — 159 & 161 E. Foothill Boulevard, at an existing neighborhood shopping center (Highlander Center). — see the attached aerial photo. The Development Services Department is recommending approval of this application, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Terence Kwok (Architect) LOCATION: 159 & 161 E. Foothill Boulevard REQUEST: A Conditional Use Permit for a martial arts studio with a maximum of 40 students in a 3,200 square -foot commercial space at an existing neighborhood shopping center (Highlander Center). SITE AREA: 228,690 square -feet (5.25 acres) FRONTAGES: 336 feet along East Foothill Boulevard 295 feet along North Second Avenue (McDonald's and Bank of America are on separate lots) EXISTING LAND USE & ZONING: The 5.25 acre site is developed with a 54,903 square -foot neighborhood shopping center that was constructed in 1966 and recently remodeled. The site is zoned C -1, Limited Commercial. SURROUNDING LAND USES & ZONING: Integrated with the Highlander Center are a McDonald's with its own drive - thru facility and a Bank at the southeast corner of the site. These two uses are on their own separate lots, but share parking and access with the Highlander Center. North: Single- Family Residential — zoned R -1, Second One Family. South: Commercial — zoned C -2, General Commercial. East: Grocery Store and Single - Family Residential — zoned C -2, General Commercial, and R -1, Second One Family, respectively. West: Santa Anita Wash, a bank, and Single - Family Residential — zoned S -2, Public Purpose, C -2, General Commercial, and R -1, Second One - Family, respectively. 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 for CUP 12 -04 were mailed on May 11, 2012 to the property owners and tenants of those properties that are located within 300 feet of the subject property — see the attached radius map. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the conversion of the existing 3,200 square -foot commercial unit to a martial arts studio is Categorically Exempt under Section 15301 of the CEQA Guidelines, and therefore the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The subject property was developed in 1966 with a 54,903 square -foot neighborhood shopping center and there are currently 322 on -site parking spaces, including the McDonald's and Bank of America sites — see the attached photos and site plan. There are 14 commercial units in the center and the major tenants are Fresh and Easy, and Rite Aid. The subject 3,200 square -foot space will CUP 12 -04 159 & 161 E. Foothill Blvd. May 22, 2012 — page 2 consolidate two vacant units that are adjacent to the Rite Aid drugstore toward the northeasterly portion of the center. PROPOSAL AND ANALYSIS The applicant is proposing a martial arts studio within 3,200 square -feet of existing commercial space at 159 & 161 E. Foothill Boulevard. The subject space will be remodeled to provide 1,927 square -feet of instructional area, 210 square -feet of office space, and 1,063 square -feet of miscellaneous area — see the attached floor plan. No changes are proposed to the exterior of the subject unit other than signage. A martial arts studio is an allowed use in the C -1 zones with an approved Conditional Use Permit. The applicant is proposing a maximum of 40 students at any one time, with up to four (4) instructors. Business hours will be 9:00 a.m. to 9:00 p.m. on weekdays, and 9:00 a.m. to 7:00 p.m. on Saturdays. The classes will be for students of all ages and skill levels. A tentative class schedule is attached to the staff report. Classes will generally begin at about 2:00 p.m. and end by 8:30 p.m., and will be 30 to 50 minutes long. An administrative office will be open during the proposed business hours. Parking There are 322 on -site parking spaces at the subject center, including the McDonald's and Bank of America sites. Parking modifications were previously granted as part of the Conditional Use Permits for various eating establishments at the center that resulted in an overall parking deficiency of 46 parking spaces per Code for the entire center. The modifications were granted based on the availability of parking spaces for the established uses. The subject 3,200 square -foot commercial space requires 16 on -site parking spaces for retail uses. The proposed martial arts studio with 1,927 square feet of instructional floor area would be required to provide 19 on -site parking spaces, based on the requirement of one (1) parking space for every 100 square -feet of instructional area. This increases the parking deficiency by three (3) spaces for an overall deficiency of 49 parking spaces. The applicant conducted the attached parking survey of the on -site parking supply. The counts were taken the week of April 9th of this year. The cars parked at the center were counted at the same seven times each day; 9:00 a.m., 11:00 a.m., 1:00 p.m., 3:00 p.m., 5:00 p.m., 7:00 p.m., and 9:00 p.m. The survey indicates that there were always at least 212 parking spaces available. Staff's observations of the site find the survey to be accurate. The subject plans and parking survey were reviewed by Engineering Services and it was determined that there should not be any traffic or circulation issues as a result of this proposal. Based on the number of available parking spaces, and CUP 12 -04 159 & 161 E. Foothill Blvd. May 22, 2012 — page 3 adequate on -site circulation at the property, it is staff's opinion that the site is adequate to accommodate the subject proposal. 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, as 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 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 is consistent with the zoning and General Plan Land Use Designation of the site and will not conflict with the other existing uses at the site, or in the neighborhood. 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- 1 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. Based on the proposal and the parking availability, the site is adequate for the proposed martial arts studio, 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 martial arts studio will not increase the traffic that is expected at this location, which fronts on Foothill Boulevard and Second Avenue. Both of these streets are adequate for the type of traffic that is to be generated by this use. CUP 12 -04 159 & 161 E. Foothill Blvd. May 22, 2012 — page 4 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A martial arts studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. It is staffs opinion that the proposed martial arts studio satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 12 -04, subject to the following conditions: 1. There shall be no more than four (4) instructors and forty (40) students at any one time, and the instructional floor area shall be limited to a maximum of 1,927 square feet. 2. Business hours shall be limited to 9:00 a.m. to 9:00 p.m. on weekdays, and 9:00 a.m. to 7:00 p.m. on Saturdays. 3. This approval of CUP 12 -04 includes a parking modification for 322 on -site spaces in lieu of 371 spaces required. This is not an approval of a general reduction of the parking requirements for the subject commercial space or the subject center, but only for the martial arts studio approved by this Conditional Use Permit. 4. The use approved by CUP 12 -04 is limited to this martial arts studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 12 -04, 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 /or the neighboring businesses or properties. 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 12 -04 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 conceming 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 CUP 12 -04 159 & 161 E. Foothill Blvd. May 22, 2012 — page 5 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 12 -04 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 proposal, the Commission should move to approve Conditional Use Permit Application No. CUP 12 -04; 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 proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 12 -04; 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 May 22, 2012 public hearing, please contact Associate Planner, Thomas Li by calling (626) 574 -5447, or by email to tli(a7ci.arcadia.ca.us. Approved by: Ji ' -sama munity Development Administrator Attachments: Aerial Photo with Zoning Information 300 -foot Radius Map Photos of the Subject Property Site Plan and Proposed Floor Plan Tentative Class Schedule Parking Survey Preliminary Exemption Assessment CUP 12 -04 159 & 161 E. Foothill Blvd. May 22, 2012 — page 6 Front view of the subject space View of the subject space and adjacent units View toward the westerly portion of the parking lot View of the parking lot area in front of the subject space •2 She a RETAIL (DOLLAR TREE t FRESH 1 EASY) 24,600 5F. A r RETAIL (RITE N0) ITOCO 5F. A A • /1 ® j i FOOTHILL BLVD. SITE PLAN SCALE: 1 °_4O' -0• \ PROJECT DATA TENANT: MR MICHAEL HAN ADDRESS, ISq 4 161 E. FOOTHILL BLVD - ARCADIA, CA 11006 ARCHITECT, TERENGE KNOK ADDRESS: 260 E. 6ARVEY AVE., MONTEREY PARK, CA °11755 TEL N0.: 323. 647.2120 LOT SIZE: 227445 SF. WRNS: C. PARKINS TABAATION: (R TAIU 5/1000: 46,600 / 200 = 239 SPACES (SERVICE) 5/1000: 4,400 / 200 = 22 SPACES 8..NK) 411000: WO / 250 = 22.4 SPACE4 (FAST F000 H/17RIVE-THR)) 10/1001. 3000 1100.1 = 38 3PAC.- (PAST -1-000 YUN0 SEAT t 140 DRIVE -TFRU: 5/1000: 1210 / 200 = b SPACES (FAST -F00 11VI2 SEATS ! NO DRIVE•THRU), 15/1000: 1500 / 66.1 = 223 SPACES MARTIAL ART3 51U010)1011000: (1TeT. RR. AREA) 021 / 100 = 93 SPACES TOTAL PARKING RECIJIR : 363 SPA 55 TOTAL PARKINS PROVIDED: 322 SPACES MAX NO. Of STUDENT AT SAME t. 30 MAX OF INSTRCT0R AT SAME TIME: 4 REVISION BY NEW MARTIAL ART STUDIO 151 $ Ibl E. FOOTHILL BLVD., ARCADIA, GA 11006 TK ocap be N0 12010 oATE 02 -09 -12 = E 5EET NJ. REVISION BY O\ O 4 a"-5• 7-3' r„ NASER f TERENCE KWOK, ARCHITECT 260 E. GARVEY AVE., MONTEREY PARK, CA g1155 323 -01 -2120 0 "•5' B' -2 3) I r t- acy INSTRUCTIONAL FLOGR AREA (Or sr.) 55,5' 7' MN ii t snit 4`Fe�Y VW 1 *IN 1 f rr r1 4 -0' f NEV' MARTIAL ART STUDIO 151 $ I6I E. FOOTHILL BLVD., ARCADIA, GA 11006 / 511180 PAL-\ 1 - I 1 i I _ _ ... PRAM TK OELKED he "' • 12010 PATE 02 -04 -12 Ai WALE LE6 142 NMI tall MALL `li — Ex151 8 WALL ?0 REM A94 _ = Ews*x�s YOU TO SE RErvr '— s ca 4.. Mwxh+r -- FLOOR --\ �// FLAN �1 �� sir ,.� 1 SCALE: 1/4 " =1-0' BEST U. S. TAE KWON DO ACADEMY MARTIAL ARTS CENTER America's Premier Family Martial Arts Studio Develop a strong body, mind, and spirit! IENTLL AND STRONG *BIGINNER: WHITE BELT — ORANGE BELT *INTERMEDIATE: PURPLE BELT — BLUE BELT *ADVANCED: BROWN BELT — BLACK BELT Time Monday Tuesday Wednesday Thursday Friday Saturday 2:20 2:50 Power Ranger Intermediate (4 -5 yrs old) Power Ranger Beginner (4 -5 vrs old) Power Ranger Intermediate (4 -5 yrs old) Power Ranger Beginner (4 -5 vrs old) 9:30- 10:1Sam Advance 3:00 Children Children Children Children Children Mixed (All Ages) 3:40 Intermediate Beginner Intermediate Beginner (6 -12 yrs old) (6 -12 yrs old) (6 -12 yrs old) (6 -12 yrs o/d) Sparring Make Up Class 3:45 Children Children Children Children Children Mixed 4:30 Beginner Intermediate Beginner Intermediate 10:15- 11:OOam (6 -12 yrs old)) (6 -12 yrs old) (6 -12 yrs old) (6 -12 yrs old) Sparring Beginner 4:30 Children Children Children Children Children Mixed (All Ages) 5:15 Intermediate Beginner Intermediate Beginner (6 -12 yrs old) (6 -12 yrs old) (6 -12 yrs old) (6 -12 yrs old) Sparring Make Up Class 5:15 Children Children Children Children 6:00 Beginner Intermediate Beginner Intermediate Children Mixed 11:00 -3:00 pm (6 -12 yrs old) (6 -12 yrs old) (6 -12 yrs old) (6 -12 yrs old) Sparring Intermediate 6:00 Junior Junior Junior Junior (All Ages) 6:50 l3egirrner Intermediate Beginner Intermediate Junior Mixed (13 -Up yrs old) (13 -Up yrs old) (13 -Up yrs old) (13 -Up yrs old) Sparring Make Up Class 6:50 Junior Junior Junior Junior 7:40 Intermediate Beginner Intermediate Beginner Junior Mixed (13 -Up yrs old) (13 -I p yrs old) (13 -Up yrs old) (13 -Up yrs old) 3:15 -7:00 pm Sparring Advanced (All Ages) 7:40 Adult Mixed Adult Mixed Adult Mixed 8:30 All Belt All Belt Make Up Class Sparring MAX. NO. OF STUDENT AT ONE CLASS: 40 PERSONS High Land Shopping Center Count of parked cars (Total 322 on -site parking spaces) April 5 — April 11 322 total parking spaces Tae Kwon do School Open Hour Mon -Fri: 9AM TO 9PM Sat: 9AM TO 7PM Sun: Closed MON( 9 ) TUE( 10 ) WEN( 11 ) THUR ( 5 ) FIR( 6 ) SAT( 7 ) SUN( 8 ) 9AM 28 46 36 54 39 35 11AM 75 72 79 68 103 97 1PM 80 94 83 89 110 105 3PM 104 76 91 91 102 103 5PM 81 72 71 85 90 77 7PM 61 48 50 53 62 46 9PM 36 27 31 34 37 322 total parking spaces Tae Kwon do School Open Hour Mon -Fri: 9AM TO 9PM Sat: 9AM TO 7PM Sun: Closed 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 12 -04 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): 159 & 161 E. Foothill Blvd. - Between First Avenue and Second Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Terence Kwok - Architect (2) Address ' 260 E. Garvey Ave, Monterey Park, CA 91755 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: 01 - Operations of an Existing Facility 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: May 10, 2012 Preliminary Exemption Assessment\2011 Staff: Thomas Li, Associate Planner FORM "A"