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HomeMy WebLinkAboutItem 2STAFF 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 -14 FOR A 979 SQUARE -FOOT ART STUDIO WITH A MAXIMUM OF 12 STUDENTS AT ANY ONE TIME AT 316 E. HUNTINGTON DRIVE Recommendation: Conditional Approval SUMMARY The applicant submitted Conditional Use Permit Application No. CUP 12 -14 for a 979 square -foot art studio with a maximum of 12 students at any one time at 316 E. Huntington Drive. An aerial photo and photos of the site are attached. The art studio 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 Resolution No. 1861. GENERAL INFORMATION AND BACKGROUND APPLICANT: Kids Art - Monrovia, Inc. LOCATION: 316 E. Huntington Drive REQUEST: A Conditional Use Permit for a 979 square -foot art studio with a maximum of 12 students at any one time. SITE AREA: 396,832 square feet (9.11 acres) FRONTAGES: 874 feet along Huntington Drive and 427 feet along Fifth Avenue EXISTING LAND USE & ZONING: The site is developed with two general office buildings, one medical office building, two freestanding restaurants, a multi- tenant retail building, a 237 -space parking structure, and 585 surface parking spaces. The property is zoned CPD -1, Commercial Planned Development. SURROUNDING LAND USES & ZONING: North: Hotels and restaurants, zoned CPD -1 South: Railroad right -of -way, zoned R -R East: Three -story office building, zoned CPD -1 West: Railroad right -of -way, zoned R -R 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. The commercial space for the proposed art studio is within an existing 26,865 square - foot, one -story multi- tenant retail building occupied by a mix of small restaurants and retail uses. There are two free - standing restaurants, two general office buildings, and one medical office building also on the property. Parking is shared among the various buildings and uses. DISCUSSION The applicant is requesting approval of a Conditional Use Permit for a 979 square -foot art studio with a maximum of 12 students of all ages (4 — adult) and two staff members at any one time. A site plan, floor plan, operation statement, and class schedule of the proposal are attached to this staff report. During the school year, class times are proposed to be from 3:30 p.m. to 6:15 p.m., Tuesday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturdays. During the summer break, classes are proposed to be from 8:30 a.m. to 6:15 p.m., Tuesday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturdays. The class times are staggered with 15 -to -30 minute gaps in between to facilitate the changing of classes. There are 822 on -site parking spaces at this property; 585 surface parking spaces and 237 spaces in a parking structure. 106 of the surface parking spaces are located in front of the subject retail building. Based on the current mix of uses, including a 7,567 square - foot vacancy at the east end of the building, the parking requirement for the subject property is 931 spaces. There is a deficiency of 109 spaces. The parking requirement for an art studio is one space for every three students plus one space per staff member. With 12 students and two staff members, the parking requirement for the proposed art studio is six spaces. This is an increase of one parking space over the requirement for the previous retail use at this location. Approval of the art studio will increase the parking deficiency of the site from 109 spaces to 110 spaces. Staff has visited the site on several occasions, and during weekday lunch hours the surface parking is heavily utilized. But, it was noticeably Tess busy during afternoon and evening hours. The existing on -site parking can accommodate the proposed art studio, given the modest extent of the CUP 12 -14 316 E. Huntington Drive August 28, 2012 — page 2 of 5 proposal and because classes will not be held during the weekday lunch hours, except during the summer. 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. 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 art studio is consistent with the zoning and land use designation of the site and area, and 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. An art studio is allowed in the CPD -1 zones with an approved Conditional Use Permit per Section 9275.1.37.1.1 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. 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 art studio will not significantly increase traffic to and from the subject commercial center 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 art studio 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. CUP 12 -14 316 E. Huntington Drive August 28, 2012 — page 3 of 5 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 -14, subject to the following conditions; state the supporting findings and environmental determination; and adopt the attached Resolution No. 1861 that incorporates the Commission's decision, specific determinations and findings, and the following conditions of approval: 1. There shall be no more than 12 students and two staff members at any one time. 2. The class schedule shall be as follows: During the school year, class times are from 3:30 p.m. to 6:15 p.m., Tuesday through Friday; and 9:00 a.m. to 4:00 p.m. on Saturdays. During the summer break, classes are from 8:30 a.m. to 6:15 p.m., Tuesday through Friday; and 9:00 a.m. to 4:00 p.m. on Saturdays. 3. This approval of CUP 12 -14 includes a parking modification of one space for the subject commercial unit, and an overall parking modification of 822 parking spaces in lieu of the 931 parking space requirement for the subject site. 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 art studio that is approved by this Conditional Use Permit. 4. The use approved by CUP 12 -14 is limited to the proposed art studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -14. 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 -14 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the art 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 CUP 12 -14 316 E. Huntington Drive August 28, 2012 — page 4 of 5 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 -14 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 -14; 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. Approved: Jim . _ . _ ma Cr " munity Development Administrator Attachments: Aerial Photo with Zoning Information Photos of Subject Property & Other Kids Art Locations Site Plan and Proposed Floor Plan Operations Statement and Class Schedule Preliminary Exemption Assessment 300 -foot Radius Map Resolution No. 1861 CUP 12 -14 316 E. Huntington Drive August 28, 2012 — page 5 of 5 Subject Commercial Space Adjacent Commercial Space `,INDIAN CUISIN Adjacent Commercial Spaces Property across Huntington Dr. to the north - The Derby Restaurant � p +�' I i k,.': ". N N n n m w m 0 cn ro eNTHROOM 16TYrox. 9q SaE 300 E. 1-4UNTINEFDN,STE31Co FLOOR PLAN '/9'I - \' 0" Io" r 'l LJ r _. — 1 � - .J r7 L1 _ - `1 L - - r� 4J r I I L _ - J r� LJ - 1 I • - _ r� L I I L_ r-( L J - I • _ r� LJ I I I - >1 11G" 1300) CAS E L - -_ r ' 1 LJ r- — r I BOOKCA56 �L- I ✓ L J - J r -7 I PE SK _ J 52' 7 " OPERATIONS STATEMENT Through a step -by -step method, students, ages 4 - Adult, are taught basic drawing and painting skills which result in art work that is realistic and attractive. Our students no longer experience boredom or frustration, as they are taught on an individualized basis according to their personal abilities and skills, moving ahead at their own pace. This enables them to be given the artistic "tools" they need to create art for the rest of their lives. KidsArt's philosophy is that "creativity follows mastery," and that a strong foundation of classical skills will enable students to eventually follow any artistic path they choose. KidsArt demonstrates that anyone can learn to draw and paint. The KidsArt approach to drawing is based on the fact that any form can be broken down into simple shapes. Once the student's eye is trained to understand their size and placement, and the student's hand is trained to accurately represent what the eye has seen, that person can draw realistically. The student explores drawing and painting mediums such as graphite, charcoal, pen and ink, pastels, watercolors, acrylics, oils, and more. Once students are proficient in their drawing skills, they progress into the exploration of painting mediums. Students receive extensive instruction in the use of each painting medium, including color- mixing, painting techniques, and the proper use and care of materials. Each painting project is also designed to present new drawing challenges. Every effort is made to offer the broadest range of technical experience in each medium, specific to each student's abilities and interests. Ultimately students of all ages develop the ability to draw and paint any subject realistically. Students learn to create still - fifes, landscapes, seascapes, the figure, portraiture, super heroes, animals, cartoons, and more. Besides learning technical and artistic skills, students gain patience, focus, pride and confidence in their work. They come to see it is completely possible to set and realize their artistic goals. KidsArt classes are offered the following days and times: Tuesday - Friday 3:30 pm - 4:30 pm 4:45 pm - 6:15 pm Saturday 9:00 am - 10:30 am 11:00 am - 12:00 pm 1:00 pm - 2:30 pm 3:00 pm - 4:00 pm. In the City of Arcadia, KidsArt classes will contribute a fine art education program to enhance the community's enrichment of its youth. The classes are kept at a ratio of one teacher to six students (with a maximum of 12 students per class), and thus are quiet and orderly. KidsArt classes are a safe, focused educational activity that enhances the free time of young people. We inspire families to become more involved with the arts, thus benefitting the entire community. In relation to the impact on adjoining uses and activities in the community, KidsArt brings increased clientele to the surrounding businesses from our students' families. CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) I. Name or description of project: CUP 12 -14 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): 316 E. Huntington Drive- between Second Avenue and Fifth Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Name ; Kids Art - Monrovia, LLC, Business Owner (2) Address 2305 Florencita Ave. Montrose, CA 91020 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. I 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: August 7, 2012 Preliminary Exemption Assessment\2011 Staff: Tim Schwehr, Assistant Planner FORM "A" 1, are SUE MORENO C (626) 350-5944 OWNERSHIP /OCCUPANTS UST RADIUS MAPS - LAND USE - PLANS MUNICIPAL COMPU ANCE CONSULTING 12106 LAMBERT AVE.EL MONTE, CA 91732 - FAX(626)350.1532 PROJECT INFORMATIG. 316 E. HUNTINGTON DR. ARCADIA, CA. 12 -187 JAEN SCALE 1 ' =150' YSAA MJtAS• I6 "7.79 /05 Ac s10r46.16 ^5, J8 /.DJ HUNTINGTON 27630 /1117 11.7 K.6/ 7 ,1J 0.41. 64. /33.03 60 1 P.. i 9 re So ng /50 M. D . H®k 8Lj(, N 8 BONITA IA 1 1 , tonlo/ a 17' %�$ n� .1 ▪ ?_ 0s 651A a? .4 SHEET 4 re — 77.56 {9 „, BONITA ST t 135E0 g PART O 81 n OF 0 80 MR — 58 -a 1 13 SHEET 13 8 ' 37 1 B88! M B 1288 - 73 - 74 12150 PM 12150 i 1 207.60 215 167111- Qy9�6 .170 .g s b 17074 215 a GTR NO 60253 ▪ 76715 6F 3 C -TRACT NO 53700' a SHEET 15 8 M B 1301 - 74 - 75 65 S68'66E 200.15 ST8 220 Q 50 2¢7so C -TRACT NO 53966 260 SHEET 12 26.205 85 MB 1273.5152 y 60 66 15,0 10D 'r N1wq vlco N 5 SHEET3 0 Z 1n /4 C-PM 252 -6-7 O SHEET 10 tg Z tE 1.1M/1G U — rx 26074 OF 0 0' 4 RESOLUTION NO. 1861 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT APPLICATION NO. CUP 12 -14 FOR A 979 SQUARE -FOOT ART STUDIO WITH A MAXIMUM OF 12 STUDENTS AT ANY ONE TIME AT 316 E. HUNTINGTON DRIVE WHEREAS, on July 25, 2012, an application was filed by Kids Art - Monrovia, Inc. for a 979 square -foot art studio with a maximum of 12 students at any one time at 316 E. Huntington Drive, Development Services Department Case No. CUP 12 -14; 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 art studio is consistent with the zoning and land use designation of the site and area, and 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. An art studio is allowed in the CPD -1 zones with an approved Conditional Use Permit per Section 9275.1.37.1.1 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. 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 art studio will not significantly increase traffic to and from the subject commercial center 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 art studio 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- 14 for a 979 square -foot art studio with a maximum of 12 students at any one time at 316 E. Huntington Drive, subject to the following conditions: 1. There shall be no more than 12 students and two staff members at any one time. 2. The class schedule shall be as follows: During the school year, class times are from 3:30 p.m. to 6:15 p.m., Tuesday through Friday; and 9:00 a.m. to 4:00 p.m. on -2- 1861 Saturdays. During the summer break, classes are from 8:30 a.m. to 6:15 p.m., Tuesday through Friday; and 9:00 a.m. to 4:00 p.m. on Saturdays. 3. This approval of CUP 12 -14 includes a parking modification of one space for the subject commercial unit, and an overall parking modification of 822 parking spaces in lieu of the 931 parking space requirement for the subject site. 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 art studio that is approved by this Conditional Use Permit. 4. The use approved by CUP 12 -14 is limited to the proposed art studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -14. 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 -14 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the art 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 -3- 1861 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 -14 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2012. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -4- 1861