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
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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.
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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