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HomeMy WebLinkAboutItem 5STAFF REPORT Development Services Department May 22, 2012 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 12 -07 for a martial arts studio with a maximum of 20 students in a 2,714 square -foot commercial space at the existing, mixed -use, commercial - residential project at 306 -310 S. First Avenue. SUMMARY Conditional Use Permit Application No. CUP 12 -07 was filed by Mr. Vincent - Marco Duchetta for a martial arts studio with a maximum of 20 students in a 2,714 square -foot, commercial space at the existing, mixed -use, commercial - residential development at 306 -310 S. First Avenue — see the attached aerial photo. The Development Services Department is recommending approval, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Vincent -Marco Duchetta LOCATION: 306 -310 S. First Avenue REQUEST: A Conditional Use Permit for a 2,714 square -foot martial arts studio with a maximum of 20 students at 306 -310 S. First Avenue. SITE AREA: 21,600 square -feet (0.50acre) FRONTAGES: 160 feet along S. First Avenue 135 feet along California Street EXISTING LAND USE & ZONING: The site is a 21,600 square -foot lot with a 26,900 square -foot, mixed -use development featuring eight (8) residential units and 10,767 square -feet of commercial space. The development was constructed in 2004. The site is zoned MU, Mixed Use. SURROUNDING LAND USES & ZONING: North: Commercial — zoned MU, Mixed Use South: General Offices — zoned MU, Mixed Use East: Multiple - Family Residential — zoned R -3, High Density Multiple - Family Residential West: First Avenue Middle School — zoned S -2, Public Purpose GENERAL PLAN DESIGNATION: Mixed Use (Density of 22 -30 du /ac for residential & 1.0 FAR for commercial) — 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 standalone commercial or office uses are allowed. However, exclusively residential buildings are not. PUBLIC HEARING NOTIFICATION Public hearing notices for CUP 12 -07 were mailed on May 10, 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 2,714 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. CUP 12 -07 306 -310 S. First Avenue May 22, 2012 — page 2 BACKGROUND INFORMATION The subject property was developed in 2003 -2004 with a three -story, 26,900 square -foot, mixed -use development and two levels of subterranean parking with 88 spaces - see the attached plans of the development, and the photos of the site and surrounding properties. The first floor of the project consists of 7,244 square -feet of retail space, a 2,714 square -foot, corner, restaurant/retail space, and 788 square -feet of general office space. The second floor consists of 7,790 square -feet of residential space, and the third floor consists of 7,366 square -feet of residential space. The subject 2,714 square -foot unit is located at the northwest corner of the property and was originally approved for restaurant purposes; but, has been vacant since the project was completed in 2004. PROPOSAL AND ANALYSIS The applicant is proposing a martial arts studio within the existing 2,714 square - foot, corner unit that fronts onto California Street and First Avenue at the mixed - use project at 306 -310 S. First Avenue. The proposed martial arts studio will feature 1,300 square -feet of instructional area, 674 square -feet of office space, and 740 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 MU zone with an approved Conditional Use Permit. The applicant and prospective business owner, Mr. Vincent -Marco Duchetta is proposing a maximum of 20 students at any one time, and business hours of 9:00 a.m. to 9:00 p.m., seven (7) days a week. The classes are proposed to consist of women's kickboxing, kids' Hapkido /Brazilian Jiu - Jitsu, adult Hapkido /Brazilian Jiu - Jitsu, and martial arts classes for special -needs students (e.g., those with Autism or Downs Syndrome). A tentative class schedule is as follows: 9:00 -10:00 a.m. 10:30 -11:30 a.m. 2:00 -3:00 p.m. 5:00 -5:45 p.m. 6:15 -7:15 p.m. 7:30 -9:00 p.m. Women's -only kickboxing Adult Hapkido Special -needs martial arts for up to 10 students Children's Hapkido Adult kickboxing Adult Hapkido /Brazilian Jiu -Jitsu Classes would not be held consecutively on a daily basis, but the business would be open from 9:00 a.m. to 9:00 p.m. to attend to walk -in customers and routine management matters. The applicant's proposed operating statement is attached. CUP 12 -07 306 -310 S. First Avenue May 22, 2012 - page 3 Parking The subject property has 88 on -site parking spaces in a two -level subterranean parking facility accessed off of California Street. The upper level of the parking structure has 43 parking spaces for the commercial uses at this property. The lower parking level has 23 additional spaces for the commercial uses, and 22 parking spaces for the residential uses that are separated from the commercial parking spaces by a security gate. When the development was approved in 2003, a Parking Modification was granted to allow 66 parking spaces for the commercial uses in lieu of 67 required. And, the development originally had 24 parking spaces for the residential uses (i.e., 16 resident parking spaces and 8 guest spaces) but this was later reduced to 22 parking spaces to enlarge the handicap parking spaces to meet updated handicap requirements. The subject 2,714 square -foot, corner unit was originally approved for restaurant use with 10 spaces per 1,000 square -feet of gross floor area; a parking requirement of 27 spaces for this unit. The proposed martial arts studio has a parking requirement of 13 spaces; one (1) parking space for every 100 square - feet of instructional floor area. This reduces the parking requirement for this unit by 14 spaces. The applicant conducted the attached parking survey of the on -site commercial parking spaces. The counts were taken over a five -day period in March of this year. Available parking spaces were counted at the same five times each day; 9:00 a.m., 12:00 noon, 3:00 p.m., 6:00 p.m., and 8:00 p.m. The survey indicates that there were always at least 38 parking spaces available. Staffs observations of the site are consistent with the applicant's survey. Staffs site inspections of the parking structure also found that the locations of the elevator and stairways in the subterranean parking levels are not clearly identified and somewhat difficult to locate. To facilitate the use of the subterranean parking by the patrons and staff of the proposed martial arts studio, as well as by the other businesses in the center, staff is recommending that improved directional signage for the stairways and elevator be provided on both parking levels and on the ground level prior to the martial arts studio beginning business operations. With regard to street parking and traffic circulation, the subject property is located directly across the street from First Avenue Middle School, and during the afternoon hours the street parking in this area is generally unavailable and traffic can be problematic. However, staff does not anticipate that the proposed martial arts studio will have any significant impacts on traffic or street parking due to the limited class sizes and the abundance of on -site parking available in CUP 12 -07 306 -310 S. First Avenue May 22, 2012 — page 4 the subterranean garage. The applicant has recognized this situation, and the proposed schedule is limited to one (1) small class during afternoons. 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 MU zones with an approved Conditional Use Permit per Section 9268.10 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 CUP 12 -07 306 -310 S. First Avenue May 22, 2012 — page 5 proposed martial arts studio will not increase the traffic that is expected at this location, which fronts on California Street and First Avenue. Both of these streets 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. 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 -07, subject to the following conditions: 1. There shall be no more than 20 students at any one time. 2. Business hours shall be limited to 9:00 a.m. to 9:00 p.m., seven (7) days a week with a schedule that is consistent with the following: 9:00 -10:00 a.m. Adult kickboxing 10:30 -11:30 a.m. Adult Hapkido 2:00 -3:00 p.m. Special -needs martial arts for up to 10 students 5:00 -5:45 p.m. Children's Hapkido 6:15 -7:15 p.m. Adult kickboxing 7:30 -9:00 p.m. Adult Hapkido /Brazilian Jiu -Jitsu 3. Prior to the martial arts studio beginning business operations, directional signage indicating the locations of the stairways and elevator shall be installed at the ground level of the development and within both parking levels. The size, design, and locations of the directional signage shall be approved by Planning Services prior to installation. 4. The use approved by CUP 12 -07 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 -07, 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 CUP 12 -07 306 -310 S. First Avenue May 22, 2012 — page 6 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 -07 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 12 -07 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 -07; 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 -07; 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. CUP 12 -07 306 -310 S. First Avenue May 22, 2012 — page 7 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, Tim Schwehr by calling (626) 574 -5422, or by email to tschwehr(c�ci.arcadia.ca. us. Approved by: J sama munity Development Administrator Attachments: Aerial Photo with Zoning Information 300 -foot Radius Map Plans of the Mixed -Use Development Photos of Subject Property and Surrounding Properties Proposed Floor Plan Proposed Operating Statement Parking Survey Preliminary Exemption Assessment CUP 12 -07 306 -310 S. First Avenue May 22, 2012 — page 8 •, Ire SUE MORENO awes (626) 350-5944 OWNERSHIP 1 OCCUPANTS LIST RADIUS MAPS• LAND USE - PLANS MLNIICIPAL COMPLIANCE CONSULTING 12108 LAMBERT AVE.EL MONTE, CA 91732 - FAX(826)350- PROJECT INFORMATION 310 S. 1 ST AVE. ARCADIA, CA. 12 -079 SCALE 1" =150' 1942 - 1878 ST u1 1 ynff46D 11a 20 (,1 � .4 i fft 28 25 1 24 23 I 22 , 2. u I S f roa BL_IK ` ' _' 1... —`• _ _ c : -1.65 1J ti 50 7 50 Ida ;5 ° �+ '4/.6.9 L31 e. 3 58 17. 6 I 1 4 IQ i f l$ I B o `� '+ POR. ® 98 ''s 56 �P too 50 50 ,00.03. 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RVISP.q _31 Subject Property — North Elevation Subject Property — West Elevation Subject Property — Interior Courtyard Subject Property — Subterranean Parking Structure Entrance off of California Avenue Property across California Avenue to the North — Commercial Adjacent Property to the South — General Office Property across First Avenue to the West — First Avenue Middle School Adjacent Property to the East — Multi- family Residential aVb "� r m i C g 0 „ i D YI '... 0 c cu Q.. aimm /0 i o co 0 ...% 0 su CD M Training Area 1 Operating Statement for 310 S 1st Ave Arcadia Ca, 91006 Ring Of Fire Martial Arts Academy would like to conduct business from the hours of 9:00 a.m. to 9:00 p.m. Our classes will consist of Women's Kickboxing, Kids Hapkido /Brazilian Jiu - Jitsu, Adult Hapkido/ Brazilian Jiu -Jitsu and Martial Arts Classes for special needs people (autism /down syndrome). Our Tentative class schedule would be as follows: 9:00 -10:00 a.m. Women's Only Kickboxing ( Approx 15 -20* students per class) 10:30 -11:30 a.m. Adult Hapkido ( Approx 1540* students per class) 2:00 - 3:00 p.m. Special Needs Martial Arts Class ( Approx 5 -10* students per class) 5:00 - 5:45 p.m. Children's Hapkido** ( Approximately 15 -20* students per class) 6:15 - 7:15 p.m. Adult Kickboxing ( Approximately 1540* students per class) 7:30 - 9:00 p.m. Adult Hapkido/ Brazilian Jiu -Jitsu ( Approximately 1540* students per class) Although there will not be consecutive classes throughout the day, we would like to be open from 9:00 a.m. to allow other facets of the business to be conducted such as our internet marketing, lead generations, walk in customers and overall daily management of the business. Ring OF Fire Martial Arts Academy first opened its doors in Arcadia in June of 2000 and moved to Monrovia in 2006. Having been a 30+ year resident of Arcadia, and with the Ring Of Fire Martial Arts Academy being at the forefront of martial arts instruction, Mr. Duchetta would like to bring his brand of martial arts instruction back to the community of Arcadia. *Projected number of students after the first 6 months, current average is approximately 6 -8 students per class. * *Our children's class is only at 2 -3 students at this current time. Informal Parking Survey for 310 S 1st Ave Arcadia Ca, 91006 Parking Survey conducted over a 5 day period. Onsite parking stalls: 60 Street level parking offsite: Available Monday March 19, 2012 onsite parking: Tuesday March 20, 2012 onsite parking: Wednesday March 21, 2012 onsite parking: 9:00 a.m. 47 stalls were available 12:00 p.m. 38 stalls were available 3:00 p.m. 45 stalls were available 6:00 p.m. 42 stalls were available 8:00 p.m. 46 stalls were available 9:00 a.m. 48 stalls were available 12:00 p.m. 39 stalls were available 3:00 p.m. 44 stalls were available 6:00 p.m. 40 stalls were available 8:00 p.m. 41 stalls were available 9:00 a.m. 46 stalls were available 12:00 p.m. 38 stalls were available 3:00 p.m. 44 stalls were available 6:00 p.m. 42 stalls were available 8:00 p.m. 39 stalls were available Thursday March 22, 2012 onsite parking: 9:00 a.m. 44 stalls were available 12:00 p.m. 40 stalls were available 3:00 p.m. 46 stalls were available 6:00 p.m. 43 stalls were available 8:00 p.m. 39 stalls were available Friday March 23, 2012 onsite parking: 9:00 a.m. 48 stalls were available 12:00 p.m. 40 stalls were available 3:00 p.m. 42 stalls were available 6:00 p.m. 41 stalls were available 8:00 p.m. 44 stalls were available Street level offsite parking varied throughout the days. There were a few open spots throughout the day. The main street parking on 1st avenue was open and available from 4:00 p.m. on as well as a few parking spots available on California. 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 -07 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): 306 -310 S. First Avenue- between California Street and Diamond Street 3. Entity or person undertaking project: A. B. Other (Private) (1) Name ' Vincent -Marco Duchetta, Business Owner (2) Address ' 115 Floral Ave. Arcadia, CA 91006 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: 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: Tim Schwehr, Assistant Planner FORM "A"