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HomeMy WebLinkAboutItem 41n y.nr.V Aa¢ux� 3. IvOJ 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 - - THIS PAGE INTENTIONALLY BLANK - - P 09 SCALE: NTS Pir J-1 C SU_RiV y 38 E. LIVE OAK AVE., ARCADIA, 91006 BUS-609 (g 9l N -3 [16 0 01030 3 Ntl BUS -609 (919)x.131 000'INIB 031,0 '3 B2B 90016 00 0100360 NOIS33 4 S 9 SlEIV I E70d 1N3W3AOE9dlAll 1N`'N31 ,93rod6 - `\ v� s, k" a� LANDSCAPE AREA: UU 0 0 w '3AV NVO 3AIl '3 Zti \ \ \ \ \ \ \ \ \ \\ \ \ \ \\ w w O \ H 88\ \m \_ t ,iI?ooga\ R R Sg $o o §;g 0 -. o Eqn O LL Wm z g Via - - - -O 11,9, � 8�88lgR t 10'1 ONINUVd 1N30vf av \ — av' / 330350601 r vA \ \ \ \ \- _A \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ vA \ \ \ \V \ \ \\ N\ '3AV NVO 3AJ1 '3 Sl SHd1Vl1 woa oowfi0u6-66g g lMl-3 9CL 16 VO '1130 3 NVS CLS-6C9 (9L9) l31 01 "0019 031130 3 MI NJIS CI n >, 80016 VO 'VIOV3HV NOIS3O 4 slug .s n JnV ,,VC) Mil '3 8{ I:1Od 1N3N2AOHdWI 1NVN31. 3r d - - - d § • • 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 - - THIS PAGE INTENTIONALLY BLANK - - 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): lil o 0 w O_ 5 o �5 m W 0 11 2 0 a m Q = p 0 N <n N O> C Y W 0 0 1- W 0 S W 0 FOR DEPARTMENT USE 0 0 o > U K H L) O 0 N W LAND USE ENTITLEMENT CONSULTANTS