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HomeMy WebLinkAboutItem 4STAFF REPORT Development Services Department May 22, 2012 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 12 -05 for a martial arts studio with a maximum of 25 students in a 1,200 square -foot commercial space at 26% E. Duarte Road that is in an existing strip - commercial center. SUMMARY Conditional Use Permit Application No. CUP 12 -05 was filed by Pastor Bob Alvarez for a martial arts studio that is associated with Christian ministry for a maximum of 25 students in a 1,200 square -foot commercial space at 26V2 E. Duarte Road that is in an existing strip - commercial 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: LOCATION: REQUEST: SITE AREA: FRONTAGE: Pastor Bob Alvarez (Applicant) 26V2 E. Duarte Road A Conditional Use Permit for a martial arts studio with a maximum of 25 students in a 1,200 square -foot commercial space in an existing strip - commercial center. 54,398 square -feet (1.25 acre) 327 feet along E. Duarte Road EXISTING LAND USE & ZONING: The site is developed with a 15,571 square -foot, strip - 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 for CUP 12 -05 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 1,200 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 1948 with a 15,571 square -foot, strip - commercial center. There are currently 100 on -site parking spaces — see the attached photos and site plan, and there are 14 commercial units. PROPOSAL AND ANALYSIS The applicant is proposing a martial arts studio within a 1,200 square -foot of commercial space at 26% E. Duarte Road. The applicant initially occupied this space as an office for his religious ministry and began using a portion of it for martial arts training as a form of outreach oriented towards youths in the community. This part of the applicant's ministry has grown to the point that a Conditional Use Permit became necessary to be sure that it does not impact the neighboring businesses. The subject space provides 800 square -feet of instructional area and 400 square -feet of office and miscellaneous area — see the CUP 12 -05 26% E. Duarte Rd. May 22, 2012 — page 2 attached floor plan. No changes are proposed to the exterior of the subject unit, except possibly for signage. A martial arts studio is an allowed use in the C -2 zones with an approved Conditional Use Permit. The applicant is proposing a maximum of 25 students at any one time, with up to two (2) instructors. Business hours will generally be 4:30 p.m. to 9:00 p.m. on weekdays, and 1:30 p.m. to 3:00 p.m. on Saturdays. The classes will be for students of all ages and skill levels — a tentative class schedule is attached. Classes will begin at about 4:30 p.m. and end by 8:45 p.m., and will be 60 to 90 minutes long. Parking The proposed martial arts studio with 800 square feet of instructional floor area is required to have eight (8) on -site parking spaces based on the requirement of one (1) parking space for every 100 square -feet of instructional area. The other units in the subject commercial center have a combined total floor area of 14,371 square feet. The other uses consist of retail and general office units, 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 a tutoring center (26 E. Duarte Rd. — CUP 11 -19 /Reso. 1849). The parking requirement 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. Those 10 units are required to have 52 parking spaces. The martial arts studio at 8 E. Duarte Road is required to have eight (8) parking spaces. The donut shop, including the outdoor seating area is required to have 13 spaces. And, the parking requirement for the tutoring center is seven (7) spaces. The total parking requirement for the other 13 units at this center is 80 spaces. With the proposed martial arts studio, the parking requirement is 88 spaces, which leaves a surplus of 12 spaces. Based on a surplus of parking spaces and the spacious layout of the parking lot, there is sufficient on -site parking and circulation to accommodate the proposed martial arts studio. However, to avoid adding traffic impacts to Duarte Road, student pick -ups and drop -offs 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. CUP 12 -05 26% E. Duarte Rd. May 22, 2012 — page 3 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 Califomia 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 -2 zone 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 East Duarte Road. This street and the alley behind the center are adequate for the type of traffic that is to be generated by this use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed martial arts studio is a recreational 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. CUP 12 -05 26'% E. Duarte Rd. May 22, 2012 — page 4 RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 12 -05, subject to the following conditions: 1. There shall be no more than two (2) instructors and 25 students at any one time, and the instructional floor area shall be limited to a maximum of 800 square feet. 2. Business hours shall be limited to 4:00 p.m. to 9:00 p.m. on weekdays, and 1:00 p.m. to 3:00 p.m. on Saturdays. 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. 4. The use approved by CUP 12 -05 is limited to a 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 -05, 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 -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. CUP 12 -05 261/2 E. Duarte Rd. May 22, 2012 - page 5 8. Approval of CUP 12 -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. 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 -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 proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 12 -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 May 22, 2012 public hearing, please contact Assistant Planner, Nick Baldwin by calling (626) 574 -5444, or by email to nbaldwin @ci.arcadia.ca.us. Approved by: Jim Kasama`°f`° Conrnunity Development Administrator Attachments: Aerial Photo with Zoning Information 300 -foot Radius Map Photos of the Subject Property Site Plan Floor Plan Tentative Class Schedule Preliminary Exemption Assessment CUP 12 -05 26' E. Duarte Rd. May 22, 2012 — page 6 180 16 909 - 17 15 1121 830 ' 1 900 15 19 --0 22 30 34 36 46 4'4 0 ^ 15 0 33 37 */ 45 4 i�Til� �_ 2 1036 11 15 19 23 27 31 1031 1037 35 48 54 56 61 901 907 911 RD 39 63 1027 STIN 50 rn 1036 54 > rr 1100 1105 1108 820 824 900 102 117 120 � ^ � 1012 | 1016 121 1020 1028 �.. _----�/zu 101 103 -~-`/ 105 �/lfl �_ L y��� `�uu�T«u/ '�� V /) /(C 12-05 26%: E. Duarte Rd. — Subject Unit Proposed Location of Martial Arts Studio Entrance to Parking Lot off Duarte Rd. Entrance to Parking Lot at alley off Santa Anita Ave. Alley behind Subject Property; View from Santa Anita Ave. Subject Property, View from Rear Alley Rear of 26%2 E. Duarte; Proposed Location of Martial Arts Studio it4.iy!p oJ\ t 3 9 VII fl,ls tZ7 ‘77 0 A 99 pi z 5 To 1A G E' z 1-(z o NO 9002 Li 1,1145 taa5 p 2C /Z E. PuOR7x PD. 0 uv CZt Day Class Time, P.M. Monday Kung Fu 4:30 — 5:45 Karate 6:30 - 8:00 Tuesday Kung Fu 4:30 — 5:45 Men's Bible Study 7:00 — 8:00 Kung Fu 7:30 — 8:45 Wednesday Kung Fu 4:30 — 5:45 Karate 6:30 - 8:00 Thursday Kung Fu 4:30 — 5:45 Karate Black Belt Instructor Training 6:00 — 7:30 Kung Fu 7:30 — 8:45 Friday Kung Fu 4:30 — 5:45 Karate 6:30 - 8:00 Saturday Kung Fu 1:30 — 2:45 Cu P 12 -05 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: CUP 12 -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): 26 '/ E. Duarte Rd. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Pastor Bob Alvarez (2) Address 1 6029 Mira Vista Ln., Fontana, CA 92336 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. ■ The project is categorically exempt. Applicable Exemption Class: 1 - 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: 5/12/11 Preliminary Exemption Assessment Staff: Nick Baldwin, Assistant Planner FORM "A"