HomeMy WebLinkAboutItem 1STAFF REPORT
Development Services Department
DATE: September 25, 2012
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT
APPLICATION NO. CUP 12 -11 FOR A 1,100 SQUARE -FOOT
TUTORING CENTER AT 815 S. FIRST AVENUE
Recommendation: Conditional Approval
SUMMARY
At the August 28, 2012 meeting, the Planning Commission opened a public hearing for
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. An
excerpt of the Minutes of the August 28, 2012 meeting, and the August 28, 2012 staff
report are attached. At this meeting, the Commission expressed concern that the on-
site parking lot was inadequate for the pick -up and drop -off of students, and that the
drop -offs and pick -ups would occur at the street curb. The Commission continued the
public hearing to the September 25, 2012 meeting to allow time for staff to work with the
applicant to better address how the on -site parking lot will function for student pick -ups
and drop -offs, and for signage to inform parents that curbside drop -offs and pick -ups
are not allowed. In response to the Planning Commission's concerns, the proposal has
been revised as follows:
• The applicant has reduced the total number of students at any one time from 20
students to 16 students (8 per age group).
• The applicant has revised the weekday pick -up time of the 6th -to -8th grade group
from 6:30 p.m. to 6:40 p.m., increasing the gap between the pick -up times of the
two groups from 30 minutes to 40 minutes.
• A condition of approval has been added requiring the tutoring center to obtain a
signed agreement from the parents /legal guardian stating they will pick -up and
drop -off students in the on -site parking lot only, and not at the street curb.
• A condition of approval has been added requiring the tutoring center to place
portable sign(s) at the front of the subject property /building during their operating
hours stating that no curbside pick -up or drop -off of students is permitted.
These changes have been incorporated into the revised conditions of approval. 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.
BACKGROUND
APPLICANT: Ms. Cheryl Ha
LOCATION: 815 S. First Avenue
REQUEST: A Conditional Use Permit for a 1,100 square -foot tutoring center with a
maximum of 16 students at any one time
SITE AREA: 11,760 square feet (0.27 acre)
FRONTAGE: 84 feet along S. First Avenue
EXISTING LAND USE & ZONING:
The site is developed with a one -story, 4,610 square -foot commercial building
built in 1974. An aerial photo, site & floor plan, and photos of the site are
attached. There are six (6) office units on the subject property totaling 3,910
square -feet, two (2) warehouse units totaling 700 square -feet, and 13 on -site
parking spaces. The subject space (labeled office no. 4 on the Site & Floor Plan)
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. The site 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.
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page 2 of 8
STAFF REPORT
Development Services Department
DATE: September 25, 2012
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT
APPLICATION NO. CUP 12 -11 FOR A 1,100 SQUARE -FOOT
TUTORING CENTER AT 815 S. FIRST AVENUE
Recommendation: Conditional Approval
SUMMARY
At the August 28, 2012 meeting, the Planning Commission opened a public hearing for
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. An
excerpt of the Minutes of the August 28, 2012 meeting, and the August 28, 2012 staff
report are attached. At this meeting, the Commission expressed concern that the on-
site parking lot was inadequate for the pick -up and drop -off of students, and that the
drop -offs and pick -ups would occur at the street curb. The Commission continued the
public hearing to the September 25, 2012 meeting to allow time for staff to work with the
applicant to better address how the on -site parking lot will function for student pick -ups
and drop -offs, and for signage to inform parents that curbside drop -offs and pick -ups
are not allowed. In response to the Planning Commission's concerns, the proposal has
been revised as follows:
• The applicant has reduced the total number of students at any one time from 20
students to 16 students (8 per age group).
• The applicant has revised the weekday pick -up time of the 6th -to -8th grade group
from 6:30 p.m. to 6:40 p.m., increasing the gap between the pick -up times of the
two groups from 30 minutes to 40 minutes.
• A condition of approval has been added requiring the tutoring center to obtain a
signed agreement from the parents /legal guardian stating they will pick -up and
drop -off students in the on -site parking lot only, and not at the street curb.
• A condition of approval has been added requiring the tutoring center to place
portable sign(s) at the front of the subject property /building during their operating
hours stating that no curbside pick -up or drop -off of students is permitted.
These changes have been incorporated into the revised conditions of approval. 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.
BACKGROUND
APPLICANT: Ms. Cheryl Ha
LOCATION: 815 S. First Avenue
REQUEST: A Conditional Use Permit for a 1,100 square -foot tutoring center with a
maximum of 16 students at any one time
SITE AREA: 11,760 square feet (0.27 acre)
FRONTAGE: 84 feet along S. First Avenue
EXISTING LAND USE & ZONING:
The site is developed with a one -story, 4,610 square -foot commercial building
built in 1974. An aerial photo, site & floor plan, and photos of the site are
attached. There are six (6) office units on the subject property totaling 3,910
square -feet, two (2) warehouse units totaling 700 square -feet, and 13 on -site
parking spaces. The subject space (labeled office no. 4 on the Site & Floor Plan)
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. The site 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.
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page 2 of 8
DISCUSSION
The applicant is requesting approval of a Conditional Use Permit for a 1,100 square -foot
tutoring center with a maximum of 16 students at any one time. A Site and Floor Plan,
and Proposed Schedule are attached to this staff report. The basic schedule will
generally be as follows:
School Year
3`d 4tn & 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
Monday - Friday
Saturday
Monday - Saturday
Monday - Saturday
6th, 7th & 8th graders
3:10 pm -4:00 pm & 4:10 pm -6:40 pm
9:00 am - 12:00 noon
Summer
3rd, 4th & 5tn graders
8:00 am -6:00 pm
6th, 7th & Stn graders
9:00 am — 6:40 pm
The proposal is to conduct two (2) classes at a time with eight (8) students per class.
The times of the classes are to be staggered so that not all of the students are to be
picked -up or dropped -off at any one time. 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 are expected to 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 (6)
commercial units. A three -foot (3' -0 ") 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. The dimensions of
the parking spaces are in compliance with the City's current standards; 9 feet wide by
20 feet deep, but wheel stops are not installed. It appears that the backup distance at
several points is substandard at 22 -feet in lieu of the 25 -feet required by Code. The
original construction plans for this property cannot be located. But, it may be that the
planter along the northerly side of the property served as the wheel stop with the
parking stall extending to the block wall. The attached photo taken from the roof of the
subject building shows this situation. If that was the case, then there is adequate space
for the required 25 -foot backup distance. However, the planter now has some
landscaping that prevents vehicles from pulling in all the way to the block wall. But,
because the adjacent property to the north is a residential use, the landscaping provides
a buffer that is preferable to a bare block wall.
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page 3 of 8
Based on the current mix of general office and warehouse area, the subject property
has an existing parking deficiency of three (3) spaces. The parking requirement for a
tutoring center is one (1) space for every five (5) students under driving age, and one
(1) space per staff member. For 16 students and two (2) staff members the requirement
is five (5) spaces for the proposed tutoring center. This is an increase of one (1) space
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 (3)
spaces to four (4) spaces, or a total of 13 spaces in lieu of a 17 -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 that the
following conditions of approval be included to ensure that the pick -up and drop -off of
students occurs in the on -site parking lot and not at the public curbside:
• All pick -up and drop -off of students shall occur in the on -site parking lot.
• The tutoring center shall require a signed agreement from the parents /legal
guardian stating that they will pick -up and drop -off students in the on -site parking lot
only, and not at the public street curb.
• The tutoring center shall place portable sign(s) at the front of the subject
property /building during operating hours stating that no curbside pick -up or drop -off
of students is permitted.
Additionally, there is a fence and gate in the parking area that separates the five (5) 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
fence and gate must be removed. Furthermore, an umbrella, bench and plants are
situated in one of the parking spaces adjacent to the fence and 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 the 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.
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page 4 of 8
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.
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.
The proposed tutoring center satisfies each prerequisite condition.
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
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page 5 of 8
properties that are within 300 feet of the subject property (see the attached radius map).
At the August 28, 2012 meeting, the public hearing was continued to a specific date,
September 25, 2012, and therefore, no additional public notice was required. 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.
There were not any comments submitted in response to the public hearing notice.
However, at the August 28, 2012 public hearing, Mr. Tom Mull spoke in opposition to
this proposal. He stated his concern about the number of tutoring centers in that area,
and the drop -off and pick -up of children that is occurring on the street. And, that if
another tutoring center is allowed without adequate parking, it will add to that unsafe
practice.
RECOMMENDATION
It is recommended that the Planning Commission grant Conditional Use Permit No.
CUP 12 -11, subject to the following conditions:
1. There shall be no more than 16 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. Business hours shall generally be 9:00 a.m. to 9:00 p.m., daily, with classes
scheduled to avoid parking and traffic congestion. The schedule of classes shall
be subject to approval by the Development Services Director, or designee.
5. Students, instructors, and any employees shall park, or be dropped -off and picked
up in the on -site parking lot only. Drivers shall park their vehicles when picking -up
and dropping -off students, instructors, or employees, and no queuing of vehicles
shall occur in the parking lot, or at the street curb. All pick -up and drop -off
activities shall be supervised by a staff member.
6. The tutoring center shall require a signed agreement from the parents /legal
guardian stating that they will pick -up and drop -off students in the on -site parking
lot only, and not at the street curb. The agreement shall be subject to review and
approval by the Development Services Director, or designee prior to the tutoring
center beginning operations.
7. During the operating hours of the tutoring center, portable sign(s) shall be placed
at the front of the subject property /building stating that no curbside pick -up or drop -
off of students is permitted. The design and location of the portable sign(s) shall
be reviewed and approved by the Development Services Department via a Sign
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page 6 of 8
Architectural Design Review Application. An Encroachment Permit shall be
obtained from Engineering Services and renewed annually for the placement of the
portable sign(s) on the public sidewalk.
8. This approval of CUP 12 -11 includes parking modifications for 13 spaces in lieu of
17 spaces required, a 22 -foot backout distance in lieu of 25 feet required, and
elimination of wheel stops. This is not an approval of a general reduction of the
parking space requirements for the subject commercial space, or the subject site,
but only for the tutoring center approved by this Conditional Use Permit. The
approval of the reduced backout distance and elimination of wheel stops is for the
entire subject site.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page 7 of 8
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should move
to approve Conditional Use Permit No. CUP 12 -11, subject to the aforementioned
conditions, and adopt the attached Resolution No. 1860 that incorporates the
Commission's decision, specific determinations and findings, and 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 September 25, 2012 public hearing, please contact
Assistant Planner, Tim Schwehr at (626) 574 -5422, or tschwehrAci.arcadia.ca.us.
Approved:
Jim ma
C munity Development Administrator
Attachments: Resolution No. 1860
Minutes Excerpt of the August 28, 2012 Meeting
August 28, 2012 Staff Report
Aerial Photo with Zoning Information
Site and Floor Plan
Photos of the Site
Proposed Schedule
Photo of Parking Lot Taken from Roof
Parking Survey
Preliminary Exemption Assessment
300 -foot Radius Map
CUP 12 -11
815 S. First Avenue
September 25, 2012
Page8of8
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 16 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 16 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, and September 25, 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 reports dated August 28, 2012, and September 25, 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 16 students at any one
time at 815 S. First Avenue, subject to the following conditions:
1. There shall be no more than 16 students and 2 staff members at any one
time.
-2-
1860
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. Business hours shall generally be 9:00 a.m. to 9:00 p.m., daily, with classes
scheduled to avoid parking and traffic congestion. The schedule of classes shall be
subject to approval by the Development Services Director, or designee.
5. Students, instructors, and any employees shall park, or be dropped -off and
picked up in the on -site parking lot only. Drivers shall park their vehicles when picking -
up and dropping -off students, instructors, or employees, and no queuing of vehicles
shall occur in the parking lot, or at the street curb. All pick -up and drop -off activities
shall be supervised by a staff member.
6. The tutoring center shall require a signed agreement from the parents /legal
guardian stating that they will pick -up and drop -off students in the on -site parking lot
only, and not at the street curb. The agreement shall be subject to review and approval
by the Development Services Director, or designee prior to the tutoring center beginning
operations.
7. During the operating hours of the tutoring center, portable sign(s) shall be
placed at the front of the subject property /building stating that no curbside pick -up or
drop -off of students is permitted. The design and location of the portable sign(s) shall
be reviewed and approved by the Development Services Department via a Sign
Architectural Design Review Application. An Encroachment Permit shall be obtained
from Engineering Services and renewed annually for the placement of the portable
sign(s) on the public sidewalk.
-3- 1860
8. This approval of CUP 12 -11 includes parking modifications for 13 spaces in
lieu of 17 spaces required, a 22 -foot backout distance in lieu of 25 feet required, and
elimination of wheel stops. This is not an approval of a general reduction of the parking
space requirements for the subject commercial space, or the subject site, but only for
the tutoring center approved by this Conditional Use Permit. The approval of the
reduced backout distance and elimination of wheel stops is for the entire subject site.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
-4- 1860
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.
14. 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.
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
-5- 1860
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MINUTES
- Excerpt -
ARCADIA PLANNING COMMISSION
Tuesday, August 28, 2012, 7:00 P.M.
Arcadia City Council Chambers
PUBLIC HEARING
1. CONDITIONAL USE PERMIT NO. CUP 12 -11 AND RESOLUTION NO. 1860
815 S. First Avenue
Cheryl Ha
The applicant is requesting a Conditional Use Permit for a 1,100 square -foot tutoring center
with a maximum attendance of 20 students at any one time.
RECOMMENDATION: Conditionally approve Conditional Use Permit No. CUP 12 -11 and
adopt Resolution No. 1860.
Mr. Schwehr presented the staff report.
Chairman Chiao opened the public hearing.
Chairman Chiao asked if anyone would like to speak in favor of this project.
Mr. Mark Robey, a neighbor of the proposed site, and Mr. Joe Koeper, property manager of
the site, spoke in support of the project
Chairman Chiao asked if anyone would like to speak in opposition to this project.
Mr. Tom Mull, a resident, spoke in opposition to the project.
Chairman Chiao asked if the applicant would like to offer any rebuttal to the comments in
opposition, but the offer was declined.
MOTION
It was moved by Commissioner Parrille, seconded by Commissioner Baerg to close the
Public Hearing. Without objection the motion was approved.
In response to questions from the Commission, Mr. Wray discussed pick -up and drop -off
options for the proposed center.
MOTION
It was moved by Commissioner Parrille, seconded by Commissioner Baerg to continue this
item to the September 25 meeting to allow additional time for review of the pick -up and
drop -off procedures.
ROLL CALL
AYES: Commissioners Baerg, Beranek, Falzone, Parrille and Chiao
NOES: None
Arcadia Planning Commission — Minutes Excerpt — August 28, 2012
- - THIS PAGE INTENTIONALLY BLANK - -
STAFF 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 & •th 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
3`d, 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.
Ap p ro
=
Jim`. -sama
C� 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
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Subject Property - Frontage on First Avenue
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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
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Subject Property - Storage Units
Subject Property — Existing Parking Lot Fence and Gate
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Subject Property —Trash bin enclosure
Class Schedule for 3rd — 5th graders (10 Students)
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Class Schedule for 6th — 8th graders (10 students)
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Math Count
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- - THIS PAGE INTENTIONALLY BLANK - -
Parking Survey
815 S First Ave., #A, Arcadia, CA 91006
Ch-el 1-(c1. 6,2-60-31-30E-3
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
5pm — 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)
1.
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 j Cheryl Ha, Business Owner
(2) Address 1 6226 Primrose Avenue
1 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. A
Applicable Exemption Class: j 01 - Operations of an Existing Facility
f. ❑
The project is statutorily exempt.
Applicable Exemption:
g. ❑
The project is otherwise exempt on I
the following basis: j
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 Schwe'hr, Assistant Planner
FORM "A"
TITLE: OWNERSHIP MAP
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