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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 - - THIS PAGE INTENTIONALLY BLANK - - 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 • 0 iD ID 8 nNBAV 1S1:11d RR U C ro ro a ID )IlVMBOIS w 0 LL N LL 0 w U L co 0 0 v 0',90 31V0 1'0 C ro 0'.9£ E wa ao w 0 O rn I 9 r7l 0 w a cc r 0 0',9S 0',9Z 0'.09 0 n Subject Property - Frontage on First Avenue Adjacent Property to the south - Tutoring center Adjacent Property to the north - Single- family residence Adjacent Property to the west - Multiple - family Residential Property across First Avenue to the east - Tutoring Center Property across First Avenue to the east - Church parking lot t Subject Property — Office Entrances Subject Property - Storage Units Subject Property — Existing Parking Lot Fence and Gate Subject Property — Umbrella, Bench, and Plants occupying parking space Subject Property - Trash bin stored at rear of property Subject Property —Trash bin enclosure Class Schedule for 3rd — 5th graders (10 Students) > •c c6 c 7L If 9:OOam — 11:30am Math Count Beginning Chinese 03 72 L U— Thursday E Q O co M E a o co N 0 a) E = 3:40 pm — 6:OOpm Deductive Reasoning & Math Wednesday Homework 4:1 Opm — 6:30pm Deductive Reasoning & Math Tuesday 3:40pm — 6:OOpm Deductive Reasoning & Math Homework 3:40pm — 6:OOpm Grammar & Writing Class Schedule for 6th — 8th graders (10 students) Saturday 9:OOam — 11:30am Math Count 9:30am — 12:OOpm Advance Chinese 03 72 L U— 3:10pm — 4:OOpm Homework 3:10pm — 4:OOpm Homework 4:10pm — 6:30pm Grammar & Writing 4:1 Opm — 6:30pm Deductive Reasoning & Math co as O 00 L 3 v 0 &r = 0) C (co 1— a) U06 ca 0 2 E 0 O o, v Y 1 o E o E 0 M = 4:10pm — 6:30pm Summer Schedule Summer Schedule for 3rd - 5th graders (10 students) a) 0 a) U C ca a) E 0 O N E Q. N 0 -J E C o U '- U L '0 0w 9am - 11 am ca 2 a) E O Summer Schedule for 6th - 8th graders (10 students) 5:15pm - 6:30pm U 3:45pm - 5pm 1:30pm - 3:30pm 0) (0 0 Oa O co L (6 E 0 E E (u C6 U)O - o c0 2 9am - 10:30am oes (Z U �> . 't - - 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. 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