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HomeMy WebLinkAboutItem 3Development Services Department DATE: September 25, 2012 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT APPLICATION NO. CUP 12 -13 FOR A COOKING SCHOOL WITH A MAXIMUM ATTENDANCE OF 10 STUDENTS AT ANY ONE TIME AT A 576 SQUARE -FOOT CATERING SERVICE AT 14 E. DUARTE ROAD Recommendation: Conditional Approval SUMMARY Conditional Use Permit Application No. CUP 12 -13 was filed by Alex and Lisa Reyes to add a cooking school with a maximum attendance of 10 students at any one time to a 576 square -foot catering service at 14 E. Duarte Road that is part of an existing strip - commercial center — see the attached aerial photo, site plan, and photos of the site. It is recommended that the Planning Commission approve this application, subject to the conditions listed in this staff report. BACKGROUND APPLICANT: Alex and Lisa Reyes LOCATION: 14 E. Duarte Road REQUEST: A Conditional Use Permit for a cooking school with a maximum attendance of 10 students at any one time at a 576 square -foot catering service in an existing strip - commercial center. SITE AREA: 54,398 square -feet (1.25 acre) FRONTAGE: 327 feet along E. Duarte Road EXISTING LAND USE & ZONING: The site is developed with a 15,571 square -foot, strip - commercial center built in 1948 that is divided into 14 units. There are 100 on -site parking spaces. The site is zoned C -2, General Commercial. SURROUNDING LAND USES & ZONING: North: Service station and tire shop, zoned C -2 South: Multiple - family residences, zoned R -3 East: Auto repair shop and tattoo parlor, zoned C -2 West: Convenience store and fueling station, zoned C -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) — The Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. DISCUSSION The applicant is proposing a cooking school within a 576 square -foot catering service at 14 E. Duarte Road. The proposal is to use the existing space, which has approximately 400 square -feet of kitchen area for instruction and cooking with an open front area for lockers, storage, and a waiting area — see the attached floor plan. No changes are proposed to the exterior of the subject unit, except for future signage. A catering service is allowed by -right in the C -2 zones, and a cooking school is allowed with an approved Conditional Use Permit. The applicant is proposing a maximum of 10 students at any one time, with up to two (2) instructors. Business hours will be 9:00 a.m. to 9:00 p.m., daily with up to three, three - hour classes per day for children and adults. A sample class schedule is as follows: Class #1 Class #2 Class #3 9:00 a.m. to 12:00 noon 1:00 p.m. to 4:00 p.m. 6:00 p.m. to 9:00 p.m. Parking The proposed 576 square -foot catering service and cooking school is required to have six (6) on -site parking spaces based on the requirement of one (1) parking space per staff member and one parking space for every 3 students. The other 13 units in the subject commercial center have a combined total floor area of 14,995 square feet, and consist of retail and general office units, two martial arts studios (8 E. Duarte Rd. — CUP 11 -05 /Reso. 1840 & 26 1/2 E. Duarte Rd. — CUP 12 -05 /Reso. CUP 12 -13 14 E. Duarte Road September 25, 2012 Page 2 of 6 1856), a donut shop (34 E. Duarte Rd. — CUP 76 -3 /Reso. 927), and a tutoring center (26 E. Duarte Rd. — CUP 11 -19 /Reso. 1849). The parking requirement for retail uses is five (5) spaces per 1,000 square feet of gross floor area, and for general office uses it is four (4) spaces per 1,000 square feet of gross floor area. The nine (9) retail and general office units are required to have 48 parking spaces. The martial arts studios are each required to have eight (8) parking spaces. The donut shop, with its outdoor seating area is required to have 13 spaces, and the tutoring center is required to have seven (7) parking spaces. The parking requirement for these 13 units is 84 spaces. With the proposed cooking school, the total parking requirement for this strip - commercial center is 90 spaces, which leaves a surplus of 10 parking spaces. Based on a surplus of parking spaces and the spacious layout of the parking lot, there is sufficient on -site parking and circulation to accommodate the proposed cooking school. To avoid adding traffic impacts to Duarte Road, the students and instructors shall use the rear parking lot area. The catering service and cooking school will be using commercial kitchen equipment, and therefore, must comply with the Best Management Practices for restaurants prescribed by the National Pollutant Discharge Elimination System (NPDES) Program of the Clean Water Act. Also, if there are to be certain types of equipment that discharge or exhaust into the atmosphere, the facility may be subject to the California Environmental Quality Act (CEQA) for review of potential air quality impacts and compliance with applicable rules established by the South Coast Air Quality Management District (SCAQMD). All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, 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. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval. 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 cooking school will be consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the C -2, General Commercial Zones, a CUP 12 -13 14 E. Duarte Road September 25, 2012 Page 3 of 6 catering service is allowed by- right, and a cooking school is allowed with an approved Conditional Use Permit per Section 9275.1.55.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Based on the proposal, the existing parking availability, and the ease of on -site circulation, the site is adequate for the proposed cooking school, and adjustments are not necessary. 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 cooking school will not increase the traffic that is expected at this location, which fronts on East Duarte Road. This street and the alley behind the center are adequate for the type of traffic that is to be generated by the cooking school. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed cooking school is a commercial and educational use that is consistent with the General Plan Land Use Designation of the site. The catering service and proposed cooking school satisfy each prerequisite condition. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project, as a conversion of an existing small structure from one use to another is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. PUBLIC NOTICE /COMMENTS Public hearing notices for CUP 12 -13 were mailed on September 14, 2012 to the property owners and tenants of those properties that are located within 300 feet of the subject property — see the attached radius map. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the conversion or addition of a cooking school to the existing 576 square -foot catering service is Categorically Exempt under Section 15303 of the CEQA Guidelines, and therefore, the public hearing notice was not published in a local newspaper. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit Application No. CUP 12 -13, subject to the following conditions: 1. There shall be no more than two (2) instructors and 10 students at any one time. CUP 12 -13 14 E. Duarte Road September 25, 2012 Page 4 of 6 2. Business hours shall generally be from 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. 3. Students, instructors, and any employees of both the catering service and cooking school 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. 4. The Best Management Practices (BMPs) required of restaurants shall be complied with by the catering service and cooking school to the satisfaction of the Public Works Services Director, or designee. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by all City, County, regional, State, and federal agencies having jurisdiction for compliance with any applicable regulations. 5. The use approved by CUP 12 -13 is limited to a catering service and cooking school, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 12 -13, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring businesses or properties. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, 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. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -13 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the catering service and cooking school. 8. 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 Govemment 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 conceming 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. CUP 12 -13 14 E. Duarte Road September 25, 2012 Page 5 of 6 9. Approval of CUP 12 -13 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. 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 -13; state the supporting findings and environmental determination, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings, and the 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 -13; 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, Nick Baldwin by calling (626) 574 -5444, or by email to nbaldwin(c�ci.arcadia.ca.us. Approved: Ji d' ama ommunity Development Administrator Attachments: Aerial Photo with Zoning Information Site Plan Photos of the Subject Property Floor Plan Preliminary Exemption Assessment 300 -foot Radius Map CUP 12 -13 14 E. Duarte Road September 25, 2012 Page 6 of 6 9j U1JisI�Si�: 6 i12lN z r\ A I N VII V Vs z z 0 ALLAN WILLSON. 626- 447 -0474 ,- • 14 E. Duarte Rd. — Subject Unit Proposed. Location of Cooking School Entrance to Parking Lot off Duarte Rd., Subject Property, View from Rear Alley Rear of 14 E. Duarte Rd.; Proposed Location of Cooking School Entrance to Parking Lot at alley off Santa Anita Ave. Alley behind Subject Property; View from Santa,Anita Ave. 91J aamen .,.., M. TORIFI•1111, Mi- 10..49 4.1 3iwno oui Ts ISI- ew'49204.1. NO V1310M SOL QOdd 7VJ3U 3 / N 00 NO11011115N00IVY muwarew 'a 31HVl103$ AorHS3ad i 1 1 =ANN= nuu1jllpunni IIIII{aihtlllllll li:11 uuwi l nuu�I I�uuw IIIIGai�111lllll i z tl at_ SI` i rtIl k l tirr p d{i I iii 8!r i lii t 1 ! 1 1 1 1 I 1 ii ii ii ii i ra gs ra a 1 r 1$g 1$i 1$i ii ak 4z 4z k 1 al! i nnrx all 1 i hhtx Ili ig rnwpa 1.5..i. d 11 110 s a5a L ai g 1110 d :i1 il; 4 1111 € rp ill b 1 e ! g g Ii0A1 t r olgrr i r l A g ii II p :511111i :5 li 1:E SI` i iv d{i I iii i i ii i lii t 1 ! 1 1 1 1 I 1 ii ii ii ii i ra gs ra a 1 r 1$g 1$i 1$i ii ak 4z 4z k 1 al! A! ii! . all 1 i 1 Ili ig CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Conditional Use Permit No. CUP 12 -13, for a catering service and cooking school with a maximum attendance of 10 students at any one time in a 576 square -foot unit within an existing commercial center. 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): 14 E. Duarte Road (Cross street - Santa Anita Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Alex and Lisa Reyes (2) Address 139 Spanner St., Monrovia, CA 91016 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. e. ►5 The project is categorically exempt. Applicable Exemption Class: 15303(c), Class 3 (New construction or conversion of small structures). f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 9/10/12 Preliminary Exemption Assessment\2010 Staff: FORM "A" 2 CAMPUS DR N DV A' T - -� 60. 1. 100 CITY OF ARCADIA ALICE 34 a N (O LUCILE 3 2 MAGNA VISTA AV 100 59. 110 7 33 8 32 31 10 11 12 13 B 27 26 15 2 16 17 N M O ST 16. - 23. I 6 7 8 ti m r, 25 36. 1 I/ / 4I4d25 10 „ 8 100 23 �2 1 21 20 I 19 3. 4214 .39.1 80 ST M N 36 35 '0 N 80 co RD 100 47.146.145. CHRISTINA 26. N 28. 29. 30. 60 27. 28 29 2 // 3 MAGNA V)STA 6 5 '\ 4 31. n 6 AV 60 ST 7 300' RADIUS MAP 60 2 3 4 N N 6 5 CRYSTAL CT 60 2 N L.A. MAPPING SERVICE 71 DEER CREEK ROAD POMONA, CA 91766 (909) 595 -0903 LEGEND 35. OWNERSHIP NO. Z OWNERSHIP HOOK CASE NO. DATE: 7 - 06 - 12 SCALE: 1" = 200'