HomeMy WebLinkAboutItem 1STAFF REPORT
Development Services Department
DATE: August 28, 2012
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: CONDITIONAL USE PERMIT APPLICATION NO. CUP 12 -11 FOR A
1,100 SQUARE -FOOT TUTORING CENTER WITH A MAXIMUM OF 20
STUDENTS AT ANY ONE TIME AT 815 S. FIRST AVENUE
Recommendation: Conditional Approval
SUMMARY
The applicant submitted Conditional Use Permit Application No. CUP 12 -11 for a 1,100
square -foot tutoring center with a maximum of 20 students at any one time. An aerial
photo and photos of the site are attached. With certain conditions of approval, the
proposed tutoring center will not adversely impact nearby businesses and properties. It
is recommended that the Planning Commission approve this application, subject to the
conditions listed in this staff report, and adopt the attached Resolution No. 1860.
GENERAL INFORMATION AND BACKGROUND
APPLICANT: Cheryl Ha
LOCATION: 815 S. First Avenue
REQUEST: A Conditional Use Permit for a 1,100 square -foot tutoring center with a
maximum of 20 students at any one time
SITE AREA: 11,760 square feet (0.27 acre)
FRONTAGE: 84 feet along First Avenue
EXISTING LAND USE & ZONING:
The site is developed with a one -story, 4,610 square -foot commercial
building built in 1974, and is zoned MU, Mixed Use
SURROUNDING LAND USES & ZONING:
North: Single- family residence, zoned MU
South: Tutoring Center, zoned MU
East: Church Parking Lot & Tutoring Center, zoned MU
West: Multiple - Family Residential, zoned R -3
GENERAL PLAN DESIGNATION:
Mixed Use (22 -30 du /ac & 1.0 FAR) — The Mixed Use 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.
The commercial space for the proposed tutoring center is within an existing 4,610 square -
foot commercial building constructed in 1974. There are six office units on the subject
property totaling 3,910 square -feet, two warehouse units totaling 700 square -feet, and 13
on -site parking spaces. The subject space (labeled office no. 4 on the plans) is currently
vacant. The other office units are occupied by general office uses, and the warehouse
units are used by the office tenants for storage.
DISCUSSION
The applicant is requesting approval of a Conditional Use Permit for a 1,100 square -foot
tutoring center with a maximum of 20 students at any one time. A site plan, and the
proposed floor plan and schedule are attached to this staff report. The basic schedule
is proposed to be as follows:
School Year
3rd 4th & 5th graders
Monday — Thursday 2:30 pm — 3:30 pm & 3:40 pm — 6:00 pm
Friday 2:30 pm — 4:20 pm & 4:30 pm — 6:00 pm
6th, 7th & 8th graders
Monday — Friday 3:10 pm — 4:00 pm & 4:10 pm — 6:30 pm
Saturday 9:00 am — 12:00 noon
Summer
All grades — 3rd thru 8th
Monday — Saturday 8:00 am — 6:30 pm
The proposal is to conduct two classes at a time with 10 students per class. The times
of the classes are staggered so that not all of the students are to be picked -up or
dropped -off at any one time. And, for the weekday classes, the applicant anticipates
that most of the students will attend both sessions, which will minimize the number of
between session pick -ups and drop -offs. Similarly, during the summer, most students
will attend classes either all day or half -day. The pick -up and drop -offs will be
supervised by a staff member.
There are 13 on -site parking spaces at this property that are shared among the six
commercial units. A three -foot wide buffer area exists between the driveway aisle and the
entrances to the office units, which is necessary because several of the offices have
doors that swing outwards towards the parking area. As a result, the backup distance at
several points is substandard at 22 -feet in lieu of the 25 -feet required by Code. The
dimensions of the parking spaces are in compliance with the City's current standards.
CUP 12 -11
815 S. First Avenue
August 28, 2012 — page 2 of 6
Based on the current mix of general office and warehouse area, the subject property has
an existing parking deficiency of three spaces. The parking requirement for a tutoring
center is one space for every five students under driving age, and one space per staff
member. For 20 students and two staff members the requirement is six spaces for the
proposed tutoring center. This is an increase of two spaces from the requirement for the
previous general office use at this location. With the proposed tutoring center, the parking
deficiency for the site increases from three spaces to five spaces, or a total of 13 spaces
in lieu of an 18 -space requirement.
The applicant provided the attached parking survey of the property that was conducted in
late June and early July of this year. The survey indicates that the majority of the on -site
parking spaces are available during the proposed business hours of the tutoring center.
Staff has visited the site several times during weekday business hours, and found that the
majority of the on -site parking was unoccupied. Based on the available on -site parking
and the relatively small size of the tutoring center, the on -site parking is adequate to
accommodate the proposed tutoring center. It is recommended as a condition of
approval that all pick -up and drop -off of students occur in the on -site parking lot.
Additionally, there is currently a gate in the parking area that separates the five rear
parking spaces from the front portion of the parking lot. To ensure that all of the parking
spaces are available for all the tenants, including the proposed tutoring center, the gate
must be removed. Furthermore, an umbrella, bench and plants are situated in one of the
parking spaces adjacent to the gate. These items must also be removed. And, all on -site
parking spaces are to remain unobstructed and available for vehicle parking. The trash
bin for this site is currently being stored at the rear of the parking lot in a manner that
interferes with access to rear -most parking space. The trash bin is required to be stored
in the trash enclosure at the west end of the building, and a cover is to be installed in
accordance with National Pollutant Discharge Elimination System Program and Storm
Water Pollution Prevention Guidelines.
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.
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 consistent with the zoning and land use
designation of the site and area, and with certain conditions will not have any
adverse impacts to the neighboring businesses or properties.
CUP 12 -11
815 S. First Avenue
August 28, 2012 — page 3 of 6
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 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, the parking availability, and the
recommended conditions of approval, this site is adequate for the proposed project.
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 subject site. 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.
ENVIRONMENTAL DOCUMENT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as a conversion of 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.
PUBLIC COMMENTS /NOTICE
Public hearing notices of Conditional Use Permit Application No. CUP 12 -11 were mailed
on August 17, 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.
RECOMMENDATION AND ACTION
Approval
The recommended action is that the Planning Commission grant Conditional Use Permit
No. CUP 12 -11, subject to the following conditions; state the supporting findings and
environmental determination; and adopt the attached Resolution No. • 1860 that
incorporates the Commission's decision, specific determinations and findings, and the
following conditions of approval:
CUP 12 -11
815 S. First Avenue
August 28, 2012 — page 4 of 6
1. There shall be no more than 20 students and 2 staff members at any one time.
2. The existing parking lot fence and gate shall be removed.
3. The existing umbrella, bench, and potted plants occupying one of the parking
spaces shall be removed. All of the on -site parking spaces shall remain
unobstructed and available for vehicle parking.
4. The class schedule shall be as follows:
School Year
3rd, 4th & 5th graders
Monday — Thursday 2:30 pm — 3:30 pm & 3:40 pm — 6:00 pm
Friday 2:30 pm — 4:20 pm & 4:30 pm — 6:00 pm
6th, 7th & 8th graders
Monday — Friday 3:10 pm — 4:00 pm & 4:10 pm — 6:30 pm
Saturday 9:00 am — 12:00 noon
Summer
All grades — 3rd thru 8th
Monday — Saturday 8:00 am — 6:30 pm
5. All pick -up and drop -off of students shall occur in the on -site parking lot, and shall be
supervised by a staff member. On- street parking shall not be used for the pick -up
and drop -off of students.
6. This approval of CUP 12 -11 includes a parking modification for 13 spaces in lieu of
18 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.
7. The trash bin shall be stored in a trash enclosure, and the enclosure shall be
covered in accordance with National Pollutant Discharge Elimination System
Program and Storm Water Pollution Prevention Guidelines.
8. The use approved by CUP 12 -11 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 -11.
9. 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.
10. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -11
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring center.
CUP 12 -11
815 S. First Avenue
August 28, 2012 — page 5 of 6
11. 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.
12. Approval of CUP 12 -11 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.
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional Use Permit Application No. CUP 12 -11; 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 August 28, 2012 public hearing, please contact
Assistant Planner, Tim Schwehr at (626) 574 -5422, or tschwehr @ci.arcadia.com.
Appro
Jim `►!sama
Cc. munity Development Administrator
Attachments: Aerial Photo with Zoning Information
Photos of Subject Property
Site Plan and Proposed Floor Plan
Class Schedule
Parking Survey
Preliminary Exemption Assessment
300 -foot Radius Map
Resolution No. 1860
CUP 12 -11
815 S. First Avenue
August 28, 2012 — page 6 of 6
Subject Property - Frontage on First Avenue
Adjacent Property to the south - Tutoring center
Adjacent Property to the north - Single- family residence
Adjacent Property to the west - Multiple - family Residential
Property across First Avenue to the east - Tutoring Center
Property across First Avenue to the east - Church parking lot
Subject Property — Office Entrances
Subject Property - Storage Units
Subject Property — Existing Parking Lot Fence and Gate
Subject Property — Umbrella, Bench, and Plants occupying parking space
Subject Property - Trash bin stored at rear of property
Subject Property — Trash bin enclosure
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Class Schedule for 3rd — 5th graders (10 Students)
Class Schedule for 6th — 8th graders (10 students)
Saturday
9:OOam — 11:30am
Math Count
9:30am — 12:OOpm
Advance Chinese
Friday
3:10pm — 4:OOpm
Homework
4:10 — 6:30
Intermediate
Chinese
Thursday
3:10pm — 4:OOpm
Homework
4:10pm — 6:30pm
Grammar &
Writing
Wednesday
3:10pm — 4:OOpm
Homework
4:10pm — 6:30pm
Deductive
Reasoning &
Math
Tuesday
3:10pm —
4:OOpm
Homework
4:10pm
6:30pm
Critical Thinking
& Reading
CU
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3:10pm — 4:OOpm
Homework
4:10pm — 6:30pm
Deductive
Reasoning &
Math
Summer Schedule
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Summer Schedule for 6th — 8th graders (10 students)
5:15pm — 6:30pm
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Parking Survey
815 S First Ave., #A, Arcadia, CA 91006
343
From June 26 (Tuesday) to July 3 (Tuesday)
June 26, 2012 (Tuesday)
June 27, 2012 (Wednesday)
Number of Cars Parked on Lot
8am — 12pm
3
12pm —2pm
4
2pm — 3pm
2
3pm — 5pm
4
5 — 6pm
2
6pm — 6:40pm
2
June 27, 2012 (Wednesday)
Number of Cars Parked on Lot
8am — 12pm
4
12pm —2pm
3
2pm — 3pm
2
3pm — 5pm
2
5pm — 6pm
2
6pm — 6:40pm
3
June 28, 2012 (Thursday)
June 29, 2012 (Friday)
Number of Cars Parked on Lot
8am — 12pm
3
12pm —2pm
4
2pm — 3pm
2
3pm — 5pm
4
5pm — 6pm
2
6pm — 6:40pm
2
June 29, 2012 (Friday)
Number of Cars Parked on Lot
8am — 12pm
4
12pm —2pm
3
2pm — 3pm
2
3pm — 5pm
3
5pm — 6pm
2
6pm — 6:40pm
2
June 30, 2012 (Saturday)
July 2, 2012 (Monday)
Number of Cars Parked on Lot
8am — 12pm
3
12pm —2pm
4
2pm — 3pm
2
3pm — 5pm
4
5pm — 6pm
3
6pm — 6:40pm
2
July 2, 2012 (Monday)
Number of Cars Parked on Lot
8am — 12pm
4
12pm —2pm
3
2pm — 3pm
2
3pm — 5pm
3
5pm — 6pm
2
6pm — 6:40pm
2
July 3, 2012 (Tuesday)
Number of Cars Parked on Lot
8am — 12pm
4
12pm —2pm
4
2pm — 3pm
2
3pm — 5pm
3
5pm — 6pm
2
6pm — 6:40pm
2
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
L
Name or description of project:
CUP 12 -11
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):
815 S. First Avenue- between Alice Street and Lucile Street
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name ! Cheryl Ha, Business Owner
(2) Address 6226 Primrose Avenue
Temple City, CA 91780
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:
101 - 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: August 7, 2012
Preliminary Exemption Assessment\2011
Staff: Tim Schwehr, Assistant Planner
FORM "A"
TITLE: OWNERSHIP MAP
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RESOLUTION NO. 1860
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 12 -11 FOR A 1,100 SQUARE -FOOT TUTORING CENTER WITH A
MAXIMUM OF 20 STUDENTS AT ANY ONE TIME AT 815 S. FIRST
AVENUE
WHEREAS, on June 25, 2012, an application was filed by Ms. Cheryl Ha for a
1,100 square -foot tutoring center with a maximum of 20 students at any one time at 815
S. First Avenue, Development Services Department Case No. CUP 12 -11; and
WHEREAS, a public hearing was held by the Planning Commission on August
28, 2012 at which time all interested persons were given full opportunity to be heard and
to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated August 28, 2012 are true and correct.
SECTION 2. This Commission finds:
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 consistent with the zoning and land use
designation of the site and area, and with certain conditions will not have any adverse
impacts to 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 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, the parking availability, and the recommended
conditions of approval, this site is adequate for the proposed project.
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 subject site. 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.
6. That no significant physical alterations to the site are necessary, and as a
conversion of an existing facility, this project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the
CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants CUP 12-
11 for a 1,100 square -foot tutoring center with a maximum of 20 students at any one
time at 815 S. First Avenue, subject to the following conditions:
1. There shall be no more than 20 students and 2 staff members at any one
time.
2. The existing parking lot fence and gate shall be removed.
-2- 1860
3. The existing umbrella, bench, and potted plants occupying one of the parking
spaces shall be removed. All of the on -site parking spaces shall remain unobstructed
and available for vehicle parking.
4. The class schedule shall be as follows:
School Year
3rd, 4th & 5th graders
Monday — Thursday 2:30 pm
Friday 2:30 pm
6th, 7th & 8th graders
Monday — Friday 3:10 pm
Saturday 9:00 am
— 3:30 pm
— 4:20 pm
& 3:40 pm — 6:00 pm
& 4:30 pm -6:00 pm
—4:00 pm &
— 12:00 noon
4:10 pm — 6:30 pm
Summer
All grades — 3rd thru 8th
Monday — Saturday 8:00 am — 6:30 pm
5. All pick -up and drop -off of students shall occur in the on -site parking lot, and
shall be supervised by a staff member. On- street parking shall not be used for the pick-
up and drop -off of students.
6. This approval of CUP 12 -11 includes a parking modification for 13 spaces in
lieu of 18 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.
7. The trash bin shall be stored in a trash enclosure, and the enclosure shall be
covered in accordance with National Pollutant Discharge Elimination System Program
and Storm Water Pollution Prevention Guidelines.
8. The use approved by CUP 12 -11 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 -11.
-3- 1860
9. 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.
10. Noncompliance with the plans, provisions and conditions of approval for
CUP 12 -11 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
11. 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.
12. Approval of CUP 12 -11 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.
-4-
1860
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
, 2012.
Chairman, Planning Commission
-5- 1860