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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: CONDITIONAL USE PERMIT APPLICATION NO. CUP 12 -15 FOR A
1,800 SQUARE -FOOT ART STUDIO WITH A MAXIMUM OF 8
STUDENTS AND 2 STAFF MEMBERS AT ANY ONE TIME AT 38 E.
LIVE OAK AVENUE
Recommendation: Conditional Approval
SUMMARY
Conditional Use Permit Application No. CUP 12 -15 is for a 1,800 square -foot art studio
with a maximum of 8 students and 2 staff members at any one time at 38 E. Live Oak
Avenue. An aerial photo and photos of the site are attached. The art studio will not
adversely impact nearby businesses and properties. It is recommended that the
Planning Commission approve this application, subject to the conditions listed in this
staff report, and adopt the attached Resolution No. 1864.
BACKGROUND
APPLICANT: Ms. Mandy Lin
LOCATION: 38 E. Live Oak Avenue
REQUEST: A Conditional Use Permit for a 1,800 square -foot art studio with a
maximum of 8 students and 2 staff members at any one time.
SITE AREA: 24,870 square -feet (0.57 acre)
FRONTAGES: 150 feet along Live Oak Avenue and approximately 184 feet along a
rear alley to the south of the property
EXISTING LAND USE & ZONING:
The site is developed with 11,400 square feet of retail buildings that are divided
into seven (7) units. There are 37 on -site parking spaces. Other tenants are a
mix of retail businesses, a personal fitness facility, and a tutoring center. The
property is zoned MU, Mixed Use.
SURROUNDING LAND USES & ZONING:
North: Vacant, zoned C -O
South: Single- family residences, outside City limits
East: One -story retail, zoned MU
West: Ralph's Supermarket, zoned MU
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.
DISCUSSION
The applicant is requesting approval of a Conditional Use Permit for a 1,800 square -foot
art studio with a maximum of eight (8) students (ages 6 - 17) and two (2) staff members
at any one time. A site plan and floor plan of the proposal are attached to this staff
report. The applicant has stated that classes will occur on Tuesday, Wednesday, and
Friday from 3:00 p.m. to 7:00 p.m., Saturday from 2:00 p.m. to 8:00 p.m., and Sunday
from 10:30 a.m. to 3:30 p.m.
There are 37 parking spaces that are shared between the seven (7) units at this property.
The property has an existing parking deficiency of 29 spaces (37 spaces in lieu of 66
spaces required) for the existing mix of uses including the subject unit that was formerly
retail. The parking requirement for an art studio is one (1) space for every three (3)
students plus one (1) space per staff member. With eight (8) students and two (2) staff
members, the parking requirement for the proposed art studio is five (5) spaces, a
decrease of four (4) spaces from the requirement for the previous retail use at this
location. As such, this proposal would reduce the parking deficiency of the property from
29 spaces to 25 spaces, and a Parking Modification is not required.
The applicant submitted an informal parking survey with their application indicating that
most of the parking spaces are unoccupied during their proposed business hours. The
adjacent 1,600 square -foot tutoring center at 36 E. Live Oak Avenue (Kumon Math and
Learning Center — CUP 89- 012 /Reso. 1416 — attached) is approved for up to 40 students
and 4 staff members at any one time, and operates from 2:30 p.m. to 6:30 p.m. During
their pick -up and drop -off times the rear parking lot does become busy, but the parking lot
does not fill up, nor is there any queuing or congestion in the rear alley. Similar to the
CUP 12 -15
38 E. Live Oak Avenue
September 25, 2012
Page 2 of 6
tutoring center, to avoid impacts to Live Oak Avenue, student pick -up and drop -off for the
proposed art studio will be required to occur in the rear on -site parking lot, and drivers will
be required to park their vehicles when picking -up and dropping -off students. The
applicant is planning to schedule their classes to avoid any overlap with the operating
hours of the tutoring center. However, given the modest extent of the proposal, the
existing on -site parking appears to be sufficient for the proposed art studio, even during
student pick -up and drop -off times for the tutoring center. It is recommended that
general operating hours be allowed from 9:00 a.m. to 9:00 p.m., daily, with the specific
class schedule subject to approval by the Development Services Director, or designee.
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, 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 permits after
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 art studio is consistent with the zoning and land use
designation of the site and area, and will not have any adverse impacts to the
neighboring businesses or properties.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. An art studio is allowed in the 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 and the parking availability, this site is
adequate for the proposed project.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use. The proposed art studio will
not significantly increase traffic to and from the subject commercial center and the
surrounding streets and alleys are all adequate for more than the projected type of
traffic expected to be generated by the proposed use.
CUP 12 -15
38 E. Live Oak Avenue
September 25, 2012
Page 3 of 6
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed art studio is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
The proposed art studio 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 -15 were mailed
on September 13, 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
It is recommended that the Planning Commission grant Conditional Use Permit No.
CUP 12 -15, subject to the following conditions:
1. There shall be no more than eight (8) students and two (2) staff members at any
one time.
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, staff, and any employees of the art studio 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, staff, or
employees, and no queuing of vehicles shall occur in the parking lot.
4. The use approved by CUP 12 -15 is limited to an art studio, which shall be operated
and maintained in a manner that is consistent with the proposal and plans
submitted and conditionally approved for CUP 12 -15, 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, the environment, and /or the neighboring businesses or
properties.
CUP 12 -15
38 E. Live Oak Avenue
September 25, 2012
Page 4 of 6
5. All City requirements regarding disabled access and facilities occupancy limits
building safety, 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 permits after having fully detailed plans submitted for plan check review and
approval.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -15
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art studio.
7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or and use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and /or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
8. Approval of CUP 12 -15 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 grant Conditional Use Permit No. CUP 12 -15, subject to the aforementioned
conditions, and adopt the attached Resolution No. 1864 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 -15; state the finding(s) that the
proposal does not satisfy with reasons based on the record, and direct staff to prepare a
CUP 12 -15
38 E. Live Oak Avenue
September 25, 2012
Page 5 of 6
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 tschwehr @ci.arcadia.com.
Approved:
Jima casama
Ctimmunity Development Administrator
Attachments: Resolution No. 1864
Aerial Photo with Zoning Information
Photos of Subject Property
Site Plan and Proposed Floor Plan
Resolution No. 1416 for CUP 89 -012
Preliminary Exemption Assessment
300 -foot Radius Map
CUP 12 -15
38 E. Live Oak Avenue
September 25, 2012
Page 6of6
RESOLUTION NO. 1864
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 12 -15 FOR A 1,800 SQUARE -FOOT ART STUDIO WITH A
MAXIMUM OF 8 STUDENTS AT ANY ONE TIME AT 38 E. LIVE OAK
AVENUE.
WHEREAS, on August 9, 2012, an application was filed by Ms. Many Lin for a
1,800 square -foot art studio with a maximum of 8 students at any one time at 38 E. Live
Oak Avenue, Development Services Department Case No. CUP 12 -15; and
WHEREAS, a public hearing was held by the Planning Commission on
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 report dated 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 art studio is consistent with the zoning and land use designation
of the site and area, and will not have any adverse impacts to the neighboring
businesses or properties.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. An art studio is allowed in the 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 and the parking availability, this site is adequate
for the proposed project.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use. The proposed art studio
will not significantly increase traffic to and from the subject commercial center and the
surrounding streets are all adequate for more than the projected type of traffic expected
to be generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed art studio is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
6. That no significant physical alterations to the site are necessary, and as a
conversion of an existing facility, this project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the
CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants CUP 12-
15 for a 1,800 square -foot art studio with a maximum of 8 students at any one time at
38 E. Live Oak Avenue, subject to the following conditions:
1. There shall be no more than eight (8) students and two (2) staff members at
any one time.
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.
-2- 1864
3. Students, instructors, staff, and any employees of the art studio 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, staff, or employees,
and no queuing of vehicles shall occur in the parking lot.
4. The use approved by CUP 12 -15 is limited to an art studio, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and conditionally approved for CUP 12 -15, 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,
the environment, and /or the neighboring businesses or properties.
5. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, 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 permits after
having fully detailed plans submitted for plan check review and approval.
6. Noncompliance with the plans, provisions and conditions of approval for CUP
12 -15 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art studio.
7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
-3- 1864
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision. The
City shall promptly notify the applicant of any claim, action, or proceeding concerning
the project and /or land use decision and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own attorney to
represent the City, its officers, employees, and agents in the defense of the matter.
8. Approval of CUP 12 -15 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
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Chairman, Planning Commission
-4- 1864
Unincornorated Los Angeles County
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RESOLUTION 1416
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL
USE PERMIT 89 -012 TO OPERATE A SCHOOL AT 36 EAST
LIVE OAK AVENUE
WHEREAS, on July 12, 1989 an application was filed by Bonnie L. Cho to
operate a. math school, Planning Department Case No. C.U.P. 89 -012, on property
commonly known as 36 East Live Oak Avenue, more particularly described as
follows:
Lot 11, Tract No. 15628, in the City of Arcadia, County of Los Angeles,
State of California, as per map recorded in Book 354, pages 24 and 25
of Maps, in the office of said County recorder.
WHEREAS, a public hearing was held on August 8, 1989, 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 HEREBY RESOLVES AS FOLLOWS:
Section 1. That the factual data submitted by the Planning Department in the
attached report is 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.
2. That the use applied for at the location indicated is a proper use for
which a Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, parking, loading, landscaping
and other features are adequate to adjust said use with the land and uses in the
neighborhood.
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.
5. That the granting of such Conditional Use Permit will not adversely
affect the comprehensive General Plan.
6. That the use applied for will not have a substantial adverse impact on
the environment.
Section 3. That for the foregoing reasons this Commission grants a
Conditional Use Permit for a school upon the following conditions:
1. Fire protection shall be provided to the satisfaction of the Fire
Department which may indude the following:
A. Central station fire alarm system is required per N.F.P.A.
standards #71 and 72E. Plans shall be submitted and approved prior to installation.
B. One manual pull station shall be required.
- 1 -
1416
•
1$0
C. T -19 and 24 requirements if any.
D. E -2 occupancy
E. Shall have one hour separation from adjacent B-2 occupancies.
Above ceiling needs one hour separation.
2. Water service shall conform to the Uniform Plumbing Code and any
new water service shall be installed by the Arcadia Water Division upon the request
and payment of fees by the developer.
3. At any one time the maximum occupancy of the school shall be forty
(40) students and four employees (includes teachers). Also, maximum occupancy
shall comply with the requirements of the Fire Department.
4. No more than twenty percent of the students at any one time shall be
sixteen years of age or older.
5. The school shall only be open for instruction from 2:30 pm to 6:30 pm.
6. The applicant or operator of the school shall be responsible for the
storage of any bicycles and skateboards used by the schools students. Bicycles and
skateboards shall be stored within the building or outside so that all walkways,
driveways and parking spaces on the subject site remain clear and open. Bicycles
racks may be placed outdoors subject to the approval of the Planning Department. A
site plan shall be submitted showing the location of said bicycle racks.
7. Architectural Design Review applications will be required for all signs.
8. The Planning Commission shall retain jurisdiction in so far as that if
there are parking and /or circulation problems resulting from this use which are
found by the Planning Department, at any time during the first twelve months, a
public hearing shall be scheduled for the purpose of determining the extent of the
parking and /or circulation problem(s), and for the consideration of modifying the
original conditions of approval, or imposing additional conditions so as to mitigate
the identified problem(s).
9. The applicant or operator of the school shall be responsible to inform
the students and their parents that all loading and unloading of students shall take
place at the rear of the building and not along Live Oak Avenue.
10. The site shall be maintained as per the plans on file in the Planning
Department.
11. That CUP 89 -012 shall not take effect until the owner and applicant
have executed a form available at the Planning Department indicating awareness
and acceptance of the conditions of approval.
12. Noncompliance with the provisions and conditions of this
Conditional Use Permit shall constitute grounds for the immediate suspension or
revocation of said Permit.
13. The Planning Commission, at its first regularly scheduled meeting of
August 1990, shall consider expansion of the maximum occupancy of the school
which may revise condition number 3.
- 2 -
1416
•
•
Section 4. The decision, findings and conditions contained in this Resolution
reflect the Commission's action of August 8, 1989 and the following vote:
AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay,
NOES: None
ABSENT: None
Section 5. The Secretary shall certify to the adoption of this Resolution and
shall cause a copy to be forwarded to the City Council of the City of Arcadia.
1 HEREBY CER1'1hY that the foregoing Resolution was adopted at a regular
meeting of the Planning Commission held on the 22nd day of August, 1989 by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Commissioners Amato, Clark, Papay
None
Commissioners Hedlund, Szany
Secretary, Planning Commission
City of Arcadia
- 3 -
7
C airman, Planning Coz=fiission
City of Arcadia
1416
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CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Date: September 13, 2012
Preliminary Exemption Assessment\2011
Staff: Tim Schwehr, Assistant Planner
FORM "A"
1.
Name or description of project:
CUP 12 -15
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):
38 E. Live Oak Avenue- between Louise Avenue and El Capitan Avenue
3.
Entity or person undertaking project:
A.
13. Other (Private)
(1) Name ■ Ms. Mandy Lin - Business Owner
(2) Address 38 E. Live Oak Avenue
Arcadia, CA 91006
4.
Staff Determination:
The Lead Agency's
the Lead Agency's
concluded that this
Staff, having undertaken and completed a preliminary review of this project in accordance with
"Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has
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. I
The project is categorically exempt.
Applicable Exemption Class: 01 - Operations of an Existing Facility
f. ❑
The project is statutorily exempt.
Applicable Exemption:
g. ❑
The project is otherwise exempt on
the following basis:
h. ❑
The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: September 13, 2012
Preliminary Exemption Assessment\2011
Staff: Tim Schwehr, Assistant Planner
FORM "A"
TITLE: OWNERSHIP MAP
PROPERTY OWNER(S):
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LAND USE ENTITLEMENT CONSULTANTS