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HomeMy WebLinkAboutItem 2STAFF REPORT Development Services Department June 12, 2012 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 12 -06 for a 580 square -foot tutoring school for children ages 14 -18 with a maximum attendance of 15 students at one time at 909 S. Santa Anita Avenue, Unit - L. SUMMARY The applicant submitted Conditional Use Permit Application No. CUP 12 -06 for a 580 square -foot, tutoring center with a maximum of two instructors and 15 students at any one time for children ages 14 -18 at 909 S. Santa Anita Avenue, Unit - L. An aerial photo and photos of the site are attached. 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: Pi Tutorial LOCATION: 909 S. Santa Anita Avenue, Unit - L REQUEST: A Conditional Use Permit for a 580 square -foot, tutoring center for children ages 14 -18 with a maximum of 2 instructors and a maximum attendance of 15 students at one time. SITE AREA: 27,661 square feet (0.64 acre) FRONTAGES: 150 feet along Campus Drive and 185 feet along Santa Anita Avenue EXISTING LAND USE & ZONING: The site is developed with a one -story, 11,828 square -foot, commercial building built in 1962, and is zoned C -2, General Commercial. SURROUNDING LAND USES & ZONING: North: Santa Anita County Golf Course, zoned S -2 South: Restaurants and Retail, zoned C -2 East: Offices and a Gymnastics Center, zoned C -2 West: Multiple - Family Senior Housing, 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 12 -06 were mailed on May 31, 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 11,828 square -foot, one -story commercial building that was constructed in 1962. The subject unit was formerly used as an office for wholesale trade. There are 11 units at the subject commercial building and 29 on -site parking spaces. PROPOSAL AND ANALYSIS The applicant is requesting approval of a Conditional Use Permit to use a 580 square - foot, commercial unit as a tutoring center for children of ages 14 -18, with two (2) teachers and a maximum of 15 students at any one time. A site plan and proposed floor plan are attached. The proposal is for one (1), 380 square -foot classroom and a reception area. The proposed tutoring center will be open during the academic year, but will also be open for one week during the winter and spring breaks and for two weeks during the summer break. The proposed class schedule is; weekdays — 3:00 p.m. to 7:00 p.m., and Saturdays — 9:00 a.m. to 6:00 p.m. Parking and Traffic The required parking for the proposed tutoring center is one (1) space for each employee and one (1) space for every three (3) students of high school age. There will be two (2) instructors and 15 students for a total requirement of seven (7) on -site parking spaces for this proposed tutoring center. CUP 12 -06 909 S. Santa Anita Drive, Unit - L June 12, 2012 — page 2 The other units in the subject commercial building include a day spa, two (2) academic consulting offices, a music studio, two (2) general offices, two (2) vacant general offices, an acupuncture office, and an architectural office. The sizes and parking requirements of these uses are as follows: Suite Square Footage Use Parking Spaces Required A, C & J 2,720 Vacant General Offices 11 B 1,500 Day Spa 8 D & E 1,825 Academic Consulting Office 7 F -1 570 Academic Consulting Office 2 F -2 610 Music Studio 2 G 665 General Office 3 H 730 Acupuncture Office 4 I 645 Architectural Office 3 K 420 General Office 2 L 580 Proposed Tutoring Center 7 The parking ratio for the music studio and day spa is five (5) spaces per 1,000 square feet of gross floor area; and the ratio for the architectural office, general offices and academic consulting offices is four (4) spaces per 1,000 square feet of gross floor area. The required parking for an acupuncture office is six (6) spaces per 1,000 square feet of gross floor area. When the parking requirements are applied to the existing uses with the proposed tutoring center, a total of 49 on -site parking spaces are required for this site, which results in a parking deficiency of 20 parking spaces. To address the parking deficiency, the applicant conducted a parking survey to assess the actual parking demand. The survey recorded the use of the parking lot at every hour in the afternoon during a work week, and found that the number of available spaces ranged from 22 to 13 spaces. The survey indicates that there is adequate parking to accommodate the proposed tutoring center, but 2,720 square feet is vacant, and the occupying of these general office spaces with its 11 -space parking requirement, could significantly affect the availability of on -site parking. To reduce the parking impact that the proposed tutoring center could have on the site, staff recommends as a condition of approval that the two instructors be required to use the parking spaces located on the west side of the subject building. Due to the close proximity of the proposed tutoring center to the high school, it is very likely that most of the students will walk to the site after school. Together with this factor and the parking availability indicated by the parking survey, it is staffs opinion that the site can accommodate the proposed tutoring center. 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 CUP 12 -06 909 S. Santa Anita Drive, Unit - L June 12, 2012 — page 3 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. 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 a commercial use that is consistent with the zoning and land use designation of the site and area and will not adversely impact 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. 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 to and from the site 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. CUP 12 -06 909 S. Santa Anita Drive, Unit - L June 12, 2012 — page 4 RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 12 -06, subject to the following conditions: 1. The tutoring center shall be limited to a maximum of two (2) instructors, and 15 students of ages 14 to 18 at any one time. 2. Classes are limited to the following schedule: Weekdays 3:00 p.m. to 7:00 p.m. Saturdays 9:00 a.m. to 6:00 p.m. 3. The instructors of the subject tutoring center shall use the parking area located on the east side of the subject property. 4. A roofed trash enclosure shall be provided in accordance with City Standards, and the location and design shall be approved by the Community Development Administrator. 5. Exit doors shall be equipped with panic lever type hardware. Latched or key operated locks are not permitted. 6. The use approved by CUP 12 -06 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 12 -06. 7. 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. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 9. 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 CUP 12 -06 909 S. Santa Anita Drive, Unit - L June 12, 2012 — page 5 to represent the City, its officers, employees, and agents in the defense of the matter. 10. Approval of CUP 12 -06 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 -06; 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 -06; 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 June 12, 2012 public hearing, please contact Assistant Planner, Nick Baldwin at (626) 574 -5444, or nbaldwin @ci.arcadia.com. Approv 4. Ji► Kasama ommunity Development Administrator Attachments: Aerial Photo with Zoning Information Photos of Subject Property 300 -foot Radius Map Site Plan and Proposed Floor Plan Preliminary Exemption Assessment CUP 12 -06 909 S. Santa Anita Drive, Unit - L June 12, 2012 — page 6 909 S. Santa Anita Ave., Unit - L CUP 12 -06 Subject Property at 909 S. Santa Anita Ave., View from Campus Drive Subject Property, View from Santa Anita Ave. Subject Property, Parking Lot North of the Building Subject Property, Parking Lot Weft of the Building Restaurant and Retail located to the South of the Subject Property Senior Multiple - Family Housing located to the West of the Subject Property Suite L I Private Entratice Inside the office, there is a reception area and a classroom for cmall group tutoring. 4golizvtt CAM'• � a \ A, 4. : : ki*N‘s.\\ W,'0 \\Ni..`t \\ \ g. N, '11:: * ' ' 25' 65 CAMPUS DR. Property Line 130' - a • a la " mi min ' ! ! 11 1 1 140' 128' Property Line 150' 0' AID No. : 5778-014-013 Site Address : 909 S SANTA ANITA AVE, ARCADIA CA 91006 Property Type: Commercial / Industrial Owner Name: CKD Investment LLC Owner Address: 713 Carriage House Dr, Arcadia, CA 91006 SITE PLAN CUP Application: Pi Tutorial Address: 909 S. Santa Anita Ave, Suite L, CA 91006 Tel: (626) 447-7688 S. Santa Anita Ave 164.97" Pi Tutorial 909 S. Santa Anita Ave, Suite L Arcadia, CA 91006 20' Classroom C A B I N E T Private 4' Entrance Reception Area i-----------1 'Instructor's pest( c A B N E T I DESK I I Suite Entranace 18' Office 1 Entrance Hallway I I r9' 10' 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 -06 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): 909 S. Santa Anita Avenue, Unit L 3. Entity or person undertaking project: A. B. Other (Private) (1) Name 1 Pi Tutorial (2) Address 909 S. Santa Anita Ave., Unit L 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. /1 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: 6 -5 -12 Preliminary Exemption Assessment\2010 Staff: Nick Baldwin, Assistant Planner FORM "A"