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HomeMy WebLinkAboutItem 1b: Resolution No. 6844 granting Conditional Use Permit No. CUP 12-06 for a 580 square-foot tutoring center for children ages 14-18 with a maximum attendance of 15 students at one time at 909 South Santa Anita Avenue, Unit L. r..r■ pF ARC •Awpuap 6�190] r .#,at °� e S TAF F � EPORT�4niy° ° Development Services Department DATE: August 21, 2012 TO: Honorable Mayor and City Council FROM: 'o-Jason Kruckeberg, Assistant City Manager/Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: ADOPTION OF RESOLUTION NO. 6844 — GRANTING CONDITIONAL USE PERMIT NO. CUP 12-06 FOR A 580 SQUARE-FOOT TUTORING CENTER FOR CHILDREN AGES 14-18 WITH A MAXIMUM ATTENDANCE OF 15 STUDENTS AT ONE TIME AT 909 S. SANTA ANITA AVENUE, UNIT - L Recommendation: Adopt Resolution No. 6844 At the August 7, 2012, meeting, the City Council considered an appeal of a denial by the Planning Commission of Conditional Use Permit Application No. CUP 12-06 for a 580 square-foot tutoring center for high school students at 909 S. Santa Anita Avenue. The City Council overturned the Planning Commission decision and approved the application, subject to several conditions of approval, including a provision that the tutoring center be subject to periodic inspections, and that its operations may be further restricted if there are impacts to the other businesses at the subject site, the adjacent streets, and/or the neighboring businesses or properties. This additional condition of approval is included in Condition No. 6 (p.4) of the attached resolution. It is recommended that the City Council adopt the attached Resolution No. 6844: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 12-06 FOR A 580 SQUARE-FOOT TUTORING CENTER FOR CHILDREN AGES 14-18 WITH A MAXIMUM ATTENDANCE OF 15 STUDENTS AT ONE TIME AT 909 S. SANTA ANITA AVENUE, UNIT - L Approved: Dominic Lazzare o City Manager Attachment: Resolution No. 6844 August 7, 2012 Staff Report - - THIS PAGE INTENTIONALLY BLANK - - RESOLUTION NO. 6844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 12-06 FOR A 580 SQUARE-FOOT TUTORING CENTER FOR CHILDREN AGES 14-18 WITH A MAXIMUM ATTENDANCE OF 15 STUDENTS AT ONE TIME AT 909 S. SANTA ANITA AVENUE, UNIT - L WHEREAS, on March 29, 2012, a Conditional Use Permit application was filed by Pi Tutorial for a 580 square-foot tutoring center for children ages 14-18 with a maximum attendance of 15 students at one time, Development Services Department Case No. CUP 12-06, at 909 S. Santa Anita Avenue, Unit - L; and WHEREAS, a public hearing was held before the Planning Commission on June 12, 2012, at which time the Planning Commission denied the project and adopted Resolution No. 1857 on June 26, 2012; and WHEREAS, within the prescribed five (5) working-day appeal period, the applicant appealed the denial for reconsideration in order to have a full review of the facts and circumstances by the City Council; and WHEREAS, a public hearing was held by the City Council on August 7, 2012, at which time all interested persons were given full opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Development Services Department in the staff report dated August 7, 2012 are true and correct. SECTION 2. This City Council finds: A. 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 will be compatible with the surrounding uses, is an appropriate use for the subject site, and the existing on-site parking is adequate to support the proposed tutoring center. B. 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 C-2, General Commercial zones with an approved Conditional Use Permit per Section 9275.1.56 of the Arcadia Municipal Code. C. 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, the site is adequate for the proposed tutoring center and adjustments are not necessary. D. 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 increase the traffic at the subject location, which is at the southwest corner of the intersection of Santa Anita Avenue and Campus Drive. Both of the streets are adequate for the type of traffic that will be generated by the proposed tutoring center. E. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A tutoring center is a commercial use that is consistent with the General Plan Land Use Designation of the site. -2- F. No significant physical alterations to the site are necessary for the proposed tutoring center to occupy the existing subject facility. Therefore, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons, this City Council grants Conditional Use Permit No. CUP 12-06 for a 580 square-foot tutoring center for children ages 14-18 with a maximum attendance of 15 students at one time at 909 S. Santa Anita Avenue, Unit - L, upon the following conditions: 1. The tutoring center shall be limited to a maximum of two (2) instructors, and 15 students of ages 14 to 18 at any one time. 2. Classes are limited to the following schedule: Monday— Friday Saturday Closed Dates Academic 3 p.m. — 7 p.m. 9 a.m. — 3 p.m. The Saturday in Year Two sessions: Sessions to be November of the band 3:15 — 4:45 based on festival. 5:00 — 6:30 enrollment Winter & Spring Breaks Sundays & National Holidays Summer 9 a.m. — 6 p.m. 9 a.m. — 12 p.m. One week in June and Sessions to be Sessions to be two weeks in August based on based on enrollment enrollment 3. The instructors of the subject tutoring center shall use the parking area located on the west side of the subject property. 4. A roofed trash enclosure shall be provided in accordance with City Standards, and the location and design shall be approved by the Community Development Administrator. -3- , 1 5. Exit doors shall be equipped with panic lever type hardware. Latched or key operated locks are not permitted. 6. The use approved by CUP 12-06 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 12-06, 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 other businesses at the subject site, the adjacent streets, and/or the neighboring businesses or properties. 7. 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. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 12-06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 9. 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 -4- dirt. 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. 10. Conditional Use Permit No. CUP 12-06 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 City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2012. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: & :r/LtA-- Stephen P. Deitsch City Attorney -5- - - THIS PAGE INTENTIONALLY BLANK - - AurusPS 190:1 }. 04., mom ty of 4;0 STAFF REPORT Development Services Department DATE: August 7, 2012 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director5D By: Jim Kasama, Community Development Administrator Prepared by: Nick Baldwin, Assistant Planner ' SUBJECT: APPEAL OF THE PLANNING COMMISION DENIAL OF CONDITIONAL USE PERMIT APPLICATION NO. CUP 12-06 FOR A 580 SQUARE-FOOT TUTORING CENTER FOR CHILDREN AGES 14-18 WITH A MAXIMUM ATTENDANCE OF 15 STUDENTS AT ONE TIME AT 909 S. SANTA ANITA AVENUE, UNIT - L. Recommendation: Conditional Approval SUMMARY The applicant, Pi Tutorial, submitted Conditional Use Permit Application No. CUP 12-06 for a 580 square-foot tutoring center with a maximum of two instructors and 15 students at any one time for children ages 14-18 at 909 S. Santa Anita Avenue, Unit - L. An aerial photo (Exhibit 'A') and photos of the site (Exhibit 'B') are attached. The Planning Commission denied the application and the applicant subsequently filed an appeal to the City Council. The Development Services Department is recommending approval of this application, subject to the conditions listed in this staff report. BACKGROUND The commercial space for the proposed tutoring center is within an existing 11,828 square-foot, one-story commercial building that was constructed in 1962. The subject unit was formerly used as an office for a wholesale trading company. There are 11 units at the subject commercial building and 29 on-site parking spaces. There is an approximately 1,500 square-foot atrium/lobby in the center of the building and the total leasable space is 10,265 square feet. An aerial photo (Exhibit 'A') and photos of the site (Exhibit 'B') are attached. CUP 12-06 909 S. Santa Anita Drive, Unit- L August 7, 2012 — Page 2 of 6 DISCUSSION Conditional Use Permit Application No. CUP 12-06 was submitted on March 29, 2012, by Pi Tutorial for a 580 square-foot tutoring center with a maximum of two instructors and 15 students at any one time for children ages 14-18 at 909 S. Santa Anita Avenue, Unit - L. An aerial photo (Exhibit 'A'), photos of the site (Exhibit 'B'), a site plan (Exhibit 'C'), and the proposed floor plan (Exhibit 'D') are attached. The proposal is for one (1) 380 square-foot classroom and a reception area. The tutoring center was proposed to be open during the academic year, and for one week during the winter and spring breaks, and for two weeks during the summer break. The proposed schedule was 3:00 p.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on Saturdays. It was recommended to the Planning Commission that the proposed tutoring center be approved, subject to certain conditions. The Planning Commission staff report is attached as Exhibit 'E', but without the attachments. After a public hearing on June 12, 2012, the Planning Commission voted 3-2 to deny Conditional Use Permit Application No. CUP 12-06. Before voting, the Planning Commission discussed the following issues: A parking shortage at the property, and the inability to determine if there would be a parking problem because three (3) of the units (2,720 square feet of the total 10,265 leasable square feet) were vacant; and, the potential for this use to adversely contribute to the already heavy traffic at the intersection of Campus Drive and Santa Anita Avenue, particularly due to potential conflicts between the proposed tutoring center and events at the High School, such as sports events, and the closure of Campus Drive for band practices. The Planning Commission determined that the following Prerequisite Conditions for a Conditional Use Permit were not met by the applicant's proposal. An excerpt of the minutes of the June 12, 2012, Planning Commission meeting is attached as Exhibit 'F'. Prerequisite Conditions 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. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. MOIL CUP 12-06 909 S. Santa Anita Drive, Unit - L August 7, 2012 — Page 3 of 6 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. 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. On June 26, 2012, the Planning Commission adopted the attached Resolution No. 1857 (Exhibit 'G'), which states the Commission's findings for the denial of Conditional Use Permit Application No. CUP 12-06. On July 3, 2012, the applicant appealed the Planning Commission decision. The appeal letter is attached as Exhibit 'H'. Regarding the parking availability at the site, the applicant states that since the June 12, 2012, public hearing, the three (3) vacant units have been leased. An Academic Counseling Service that already occupied 1,825 square feet of floor area leased an additional two units with a combined floor area of 2,120 square feet. The insurance office, which occupied 645 square feet of the building, leased the remaining 600 square-foot unit. The applicant also re-surveyed the parking situation, and found that not more than 70% of the available parking is utilized at any time. In the appeal letter (Exhibit 'H'); the applicant presents an analysis of the actual parking demand or usage by the businesses at this site. The applicant modified the table presented in the staff report to the Planning Commission (Exhibit `E') to compare the parking needs of the tenants with the parking required by Code. The required parking for the proposed tutoring center is one (1) space for each employee and one (1) space for every three (3) students of high school age. Based on two (2) instructors and 15 students, the parking requirement is seven (7) on-site parking spaces for the proposed tutoring center. The applicant contends that because this tutoring center is for high school aged students, most, if not all of his students will walk to this tutoring center from Arcadia High School. The other units in the subject commercial building are occupied as shown in the table in the appeal letter (Exhibit 'H'). With the proposed tutoring center, a total of 49 on-site parking spaces are required for this site, which results in a parking deficiency of 20 parking spaces. To address the parking deficiency, the applicant conducted a parking survey to assess the actual parking demand. The survey recorded the use of the parking lot at every hour in the afternoon during a work week, and found that the number of available spaces ranged from 22 to 13 CUP 12-06 909 S. Santa Anita Drive, Unit - L August 7, 2012 — Page 4 of 6 spaces. The survey indicated that there is adequate parking to accommodate the proposed tutoring center. But, the Planning Commission noted that the survey did not account for 2,720 square feet being vacant. Now that the vacancies have been occupied, the applicant states that a re-survey of the parking situation showed that not more than 70% (21 spaces) of the available 29 parking spaces are used at any time. This indicates that under the current circumstances, there is adequate parking at this site to accommodate the proposed tutoring center. It is recommended as a condition of approval that the two instructors be required to use the parking area located on the west side of the subject building, which is the least utilized. This will help by having the parking spaces in the front of the building more readily available. The other issue the Planning Commission discussed was the potential for this use to adversely contribute to the already heavy traffic at the intersection of Campus Drive and Santa Anita Avenue; particularly due to potential conflicts between the proposed tutoring center and special events at Arcadia High School, such as sports events, and the closure of Campus Drive for band practices. In response to the Planning Commission's concerns regarding traffic congestion, the applicant states that because this site is so close to Arcadia High School, the tutoring center will not create additional traffic. It is very likely that the students will walk to this tutoring center, which could conceivably reduce traffic because they will not need to be picked up at the high school and taken to a location farther away. In response to the concerns about conflicts with high school events, and the closure of Campus Drive, the applicant states that there is a driveway off of Santa Anita Avenue that can provide access when Campus Drive is closed. Staff contacted the school district to determine for what activities and events Campus Drive is closed. During the academic year, Campus Drive is closed on Wednesday mornings for band practice, and it is closed for one Saturday in mid- November for the band festival. The Wednesday morning closures will not concern the proposed tutoring center, and the applicant has informed staff that on the Saturday of the band festival, he will close the tutoring center. As for other events at the high school, such as football games and track meets that attract large crowds, the applicant does not feel that they will conflict with the proposed tutoring center. Planning Services reviewed the traffic situation with the City Engineer, and an analysis of the situation at this site is attached as Exhibit 'I'. His conclusions are that the Santa Anita Avenue and Campus Drive intersection experiences short periods of congestion due to the high school traffic. And, during the school traffic peak hours, the parking lot of the applicant's business experiences traffic queuing in front of the Campus Drive driveway. He also notes that during MEW CUP 12-06 909 S. Santa Anita Drive, Unit - L August 7, 2012 — Page 5 of 6 closures of Campus Drive, the applicant's parking lot still has access from Santa Anita Avenue and these closures have a minimal impact on Santa Anita Avenue traffic flow. In addition to the two concerns regarding parking and traffic, the Planning Commission asked for clarification of the proposed schedule for the tutoring center because the applicant introduced a change in the proposed schedule at the meeting. The applicant's initial proposal was to operate 3:00 p.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on Saturdays, and to be open during the academic year, including one week during the winter and spring breaks, and in addition, for two weeks during the summer break. At the Planning Commission meeting, the applicant stated that during the summer break he would like to be open 9:00 a.m. to 6:00 p.m., Monday — Saturday. In responding to the Commission's questions, however, the applicant was not able to clearly describe his desired schedule for the summer break with regard to whether it would be for only two weeks, or for the entire summer, and he was not clear about the hours for the academic holiday periods. The applicant is now proposing that the tutoring center be open during the academic year and the summer break, but closed during the winter and spring breaks. The proposed schedule is summarized in this table: Monday- Friday Saturday ClosedDates Academic 3 p.m. — 7 p.m. 9 a.m. — 3 p.m. The Saturday in Year Two sessions: Sessions to be based November of the 3:15 — 4:45 on enrollment band festival. 5:00 — 6:30 Winter & Spring breaks Sundays & National holidays Summer 9 a.m. — 6 p.m. 9 a.m. — 12 p.m. One week in June Sessions to be based Sessions to be based and two weeks in on enrollment on enrollment August Based on the proximity of the proposed tutoring center to the high school, it is very likely that most of the students will walk to the subject location after school. This, together with the parking availability and the marginal contribution to the traffic, enable the site to accommodate the proposed tutoring center and satisfy the Prerequisite Conditions necessary to grant a Conditional Use Permit. As for conflicts with events at the high school, it could be that the tutoring center may be inconvenienced by those activities, but not vice versa. • CUP 12-06 909 S. Santa Anita Drive, Unit - L August 7, 2012 — Page 6 of 6 ENVIRONMENTAL IMPACT If it is determined that no significant physical alterations to the site are necessary, then this project, involving an existing facility, is categorically exempted by the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report as Exhibit 'J'. FISCAL IMPACT The Conditional Use Permit will have no impact on the City's General Fund. RECOMMENDED ACTION It is recommended that the City Council approve the appeal to overturn the Planning Commission decision and approve Conditional Use Permit Application No. CUP 12-06, subject to the attached Conditions of Approval (Exhibit 'K'). Approved: Dominic La tto City Manager Exhibits: A - Aerial Photo with Zoning Information B - Photos of the Site C - Site Plan D•- Proposed Floor Plan E - Planning Commission Staff Report F - Excerpt of the Minutes of the June 12, 2012 Planning Commission Meeting G - Planning Commission Resolution No. 1857 H - Appeal Letter I - Traffic Analysis J - Preliminary Exemption Assessment K - Recommended Conditions of Approval Mill■ ' ■,,..'5., ,•1,, ' , .144.11'"''CI.?,4,,,P, .,', ,. i , • ,-, '114 1 ,„ ,, ,,,t,,, ,, ,,l.v. flt- ..i..':,-;;;;,1, . , . '", • ,' • — , ' ,' ,) Wrif ' • t----,..,. ,‘ 1 , ,0 , I A . , ' • , ...,. , ' "i*.''..'":::..-•.'"1 ' ' T . S2 • 4; ■-‘7 .0, 1 ' ' ,' ::- r. ' .,,•'J.' ` - .. ,,;,''''1' ..,.1),Itle,". S . , '' , , ' ,'''`'' ,,,,,,, .., 1 ,.f.'ii14,. 11,''r';''''116T-'4',4:'.1"'I'''"'''■, - '''''''',:' '- t ,',i. ,./,,,*,'-,1..'4 ',.-.`1„ .•4 " , ° , „„.„„....,A0,- *.r.-1„4:., ,-, .. 0",) I, -• ,. h4,00000,4, 0,444,Awy,',.% '..,, . 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Subject Property, Parking Lot North of the Building , •::::':••.4,-. :: ..4.,!:,•:!:.,... .,...., • ' •- ' - ' '',Y.,,,..n-it. iint2',..,t,.:•: ' 1171.3"7.7dT.;'Zr-r,' ,, -.,',$..7.1,1,-'i.,r,. ,'',,W',.WW,7A1, ,' ■:,..,.k. ,,,....v...,;.,,e,,,,,,,,,:,,,,,,,,,r,,,,; , .....,„,. r ,Toi;;;;FIN,,,,..r.9.,,1■0,,,,;,4d.,;;potl,,, . ' kyt,4.. , 4 Ar.t.....,.„,,,iy.,;..."..i.4.hi‘, '1, 'iltf,' tt"'",,'l',"'I'. . 1(160,0;',,,,i.VCI`..,l'4,...l,c,,,'S,:17_,,,T.,,,,,,,'`F4.;14,.'4,ftzvi'...'!.i.,,,t.i,1'.',,•**.:1-1,.”;t',.4..'..??,'.1.,..:1::-,. . ' J•i,l...,':40.01kriF;Iz!?f, '-'r-,.9,',4,;:t.:`,.$1::,0,;;,.'1,'.,.',Iii'.F.:41q4, i,:g'I'lL'V'',"?,',."',11'!''''4'(•' '..??..r '''.'''t`:','-'4;te,,-'.:'*FP',1!4'-,V;i,c..1,1',t,0',M'Il't' , '4,'•.:!.,,,,4,iii,l!Piq,i'if,,qi'',;:ii:‘•,.ti.,v(i. 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'15,2,-..‘.. —!'..iritittri- .';.,,.;.;401-Y,e4:',':',1g..,;y....1..;';.;.:1'1,-?'., '-,. :. 104.,,,tiott,,,,L, , -:::-c:::,.,•(1.y.„.....,. ki.'::::'-...*:]) ' ,':■'1(Y:4., :,;...;.!,,,:i4t.i.,..!•,,70.*;,,,,, I,-::‘, -%.,,.11.:;!. : : :,'''.. •.,. :,,,J,..., ,,,, ::-.7:1‘wi,,4,1::,,...,,, , ,,, :,.,,, . . , ,4•• z•r,„-•, . •. .......,:e-q.,..,,,-.:y..-.;!'.,4,.... 11‘,. ... . , ',: 'r' t .. • _ . ,. --..-.-- .-. _... . - ,••••••■• ' ; .v... i , .. ,..! .,, I' ., , • , ,.... • , , ,„..,-,,,,,,,,...,!,,,,,,',... ----...........-._'- '.4.,,,,,,,, ,;-, , .,..._--ki,..,,,r,,ti.-,, ,,. •*-----7-------,,,—--- • ' '..1,0!,,,,•,,,; - 4: • '.. ..':::3,:',.:.....1.-.... ''.'-' ' '.,.. ' 1 , .- .::,t,. ::, ' ,,,-.,r.'1', ''.:'1,';';'"','',,,,-■ . ,,. • ■' ,.!. ., Subject Property, Parking Lot West of the Building ... .•, ::: .,.••:. .1. Exhibit 'B' Page 2 of 4 r111■ Jq t •ra .. i�h ; r ;" � t, a � '' '' y;U>•• 4r f J `r - � �t 1(f.. r t � ! k ilttt{ ;ttr ,i� � l aP ` J y �. I i dl6fL, + ! .4 I.YL. 4"g :,./L11,1 .L,:.., L_,:..o..F..1..:..: • x 0't rr 4,i , ;t t r. t ,r r d . :,s dh t: I Op / .i+t°--�'--.�.,: wife-k .,.r r '.r':,V''e 77.1, :-11•:,•;° '�r j!t•"I',.,,,.#1?-4,l..u.F ...,r .7 r wit yt� 7"q t s., � n1 t r :,,e• fir.+lt r ;t. r � t I t, WflTss1T'i r.,( f 1 t !, ■ �... .... � ,; dr. •.b...,, .:.•' .. .. '' rr`' Restaurant and Retail located to the South of the Subject Property Ir i.,-.4...,,,,?.:. ''..--,-,i,...h.4- , ,` -' 4 .-'iy..n,r.a_.tk::w,_,•a. . . ,:. ._1.. ,.:::Lxa_.m:a:u.1...rcr ato..:c:_.sex nia.-Ill att5}+111tx°, N.M.Z' ins-WIC.wm.s.. 4 t x' t � 1 i 1 V l I 5. r ._ J f i :b t • i ' — n� > '14 r 9E.'�C t{tt* ' $- .r r4 1 et f _."" 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AS. z r I aid'!~ rI's"„ I v1Y� t 'L: f Y i f j t M l'''',."4.•"'-''%" r 4 ry rh li 'jt 1 s k. + l'''''''' %ii r , x .4#-;,4-4-i,' ats s( C'E'frtkL1 LI1F it ,1-. it' _ 0 , ^I:e i ' 0 f'i '.1."''',,'f 14 1 r ', x1'S . t 1 IL f Zr • r*' 1 r � d � ro i14-7•1,.,01,1.1 t r i (17! V ' iJ I 3 ra� r''.. yc hywKu 1 j r I >49; wdY 1�P f 1I , t + .,V; t 1 S.,F. to ! is (+ it �, 1 .'';-C-4'‘ Aya .,, P 1 _ -r._ � .�. .tom -t 1 —`1,_: .1l� + Inside the office,there is a reception area and a classroom for small group storing• Exhibit `B' Page.4 of 4 .n► CAMPUS DR. Property Line 130' i'. !iY ,.,d,1 ....r,T kr 1'..,,.y i,/, FQ titi: .firari',2a Y2,.it-1<,..,a�..,i,s.. 11,:,,.I4hivh 91,Vi iii few e '-:, r 1c .1 M :- sl I I ! I. I ! ! I I. t t i f j S.Santa Anita Ave ,-.',01 :_...._....---.. ......»_.......__....._.._...._.__...»... •..._..._ _......__._, _.._......»._...._...... ..._._-..._._...._..._..._..._......._......_.._. _... 1. ! ! I ! ! ! ! ! I. ! ! tZ=Y r1fi t:�: S 'F 9 . Jme. $75,1.,_ r .92 -:, _ . 140' ]_ ' T F1 ' 25 E D A I F2 8 e; P i I G C r 164.97" WC 90' 1 i 65' �•- H 1 n 20" ! I J W C METER W C 2e I ■ �` ROOM i 128' Property Line 150' AID No.:5778-014-013 SITE PLAN ■ Site Address:909 S SANTA ANITA AVE,ARCADIA CA 91006 CUP Application:Pi Tutorial Property Type:Commercial/Industrial Address:909 S.Santa Anita Ave,Suite L,CA 91006 Owner Name: CKD Investment LLC Tel (6261447-7688 Owner Address: 713 Carriage House Dr,Arcadia,CA 91006 • Exhibit `C' Pi Tutorial 909 S. Santa Anita Ave, Suite L Arcadia, CA 91006 ` E i 20' • Classroom ____ _J 'Instructor's ot5K O O I I S W E loi • 0---0 .19 N c O O I I T c I A 6' B DES K Reception Area t 10' _._- -- -- - Private ---- 4' Entrance Suite Entranace 18' Office Entrance Hallway • Exhibt'D' .r u 9eeatparatad Arprvt 3,IYY9 STAFF REPORT ,... 447 4, c i-8i3 Development Services Department June 12, 2012 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 12-06 for a 580 square-foot tutoring school for children ages 14-18 with a maximum attendance of 15 students at one time at 909 S. Santa Anita Avenue, Unit - L. SUMMARY The applicant submitted Conditional Use Permit Application No. CUP 12-06 for a 580 square-foot, tutoring center with a maximum of two instructors and 15 students at any one time for children ages 14-18 at 909 S. Santa Anita Avenue, Unit - L. An aerial photo and photos of the site are attached. It is staffs opinion that the proposed tutoring center will not adversely impact nearby businesses and properties. The Development Services Department is recommending approval of this application, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Pi Tutorial LOCATION: 909 S. Santa Anita Avenue, Unit - L REQUEST: A Conditional Use Permit for a 580 square-foot, tutoring center for children ages 14-18 with a maximum of 2 instructors and a maximum attendance of 15 students at one time. SITE AREA: 27,661 square feet (0.64 acre) FRONTAGES: 150 feet along Campus Drive and 185 feet along Santa Anita Avenue EXISTING LAND USE & ZONING: The site is developed with a one-story, 11,828 square-foot, commercial building built in 1962, and is zoned C-2, General Commercial. Exhibit`E' Page tof 6 SURROUNDING LAND USES & ZONING: North: Santa Anita County Golf Course, zoned S-2 South: Restaurants and Retail, zoned C-2 East: Offices and a Gymnastics Center, zoned C-2 West: Multiple-Family Senior Housing, 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. PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 12-06 were mailed on May 31, 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. • BACKGROUND INFORMATION The commercial space for the proposed tutoring center is within an existing 11,828 square-foot, one-story commercial building that was constructed in 1962. The subject unit was formerly used as an office for wholesale trade. There are 11 units at the subject commercial building and 29 on-site parking spaces. PROPOSAL AND ANALYSIS The applicant is requesting approval of a Conditional Use Permit to use a 580 square- foot, commercial unit as a tutoring center for children of ages 14-18, with two (2) teachers and a maximum of 15 students at any one time. A site plan and proposed floor plan are attached. The proposal is for one (1), 380 square-foot classroom and a reception area. The proposed tutoring center will be open during the academic year, but will also be open for one week during the winter and spring breaks and for two weeks during the summer break. The proposed class schedule is; weekdays — 3:00 p.m. to 7:00 p.m., and Saturdays — 9:00 a.m. to 6:00 p.m. Parking and Traffic The required parking for the proposed tutoring center is one (1) space for each employee and one (1) space for every three (3) students of high school age. There will be two (2) instructors and 15 students for a total requirement of seven (7) on-site parking spaces for this proposed tutoring center. CUP 12-06 909 S. Santa Anita Drive, Unit- L June 12, 2012 —page 2 Exhibit `E' - Page 2 of 6 The other units in the subject commercial building include a day spa, two (2) academic consulting offices, a music studio, two (2) general offices, two (2) vacant general offices, an acupuncture office, and an architectural office. The sizes and parking requirements of these uses are as follows: Suite Square Footage Use Parking Spaces Required A, C & J 2,720 Vacant General Offices 11 B 1,500 Day Spa 8 D & E 1,825 Academic Consulting Office 7 F-1 570 Academic Consulting Office 2 F-2 610 Music Studio 2 G 665 General Office 3 H 730 Acupuncture Office 4 645 Architectural Office 3 K 420 General Office 2 !_ 580 Proposed Tutoring Center 7 f; The parking ratio for the music studio and day spa is five (5) spaces per 1,000 square feet of gross floor area; and the ratio for the architectural office, general offices and academic consulting offices is four (4) spaces per 1,000 square feet of gross floor area. The required parking for an acupuncture office is six (6) spaces per 1,000 square feet of gross floor area. When the parking requirements are applied to the existing uses with the proposed tutoring center, a total of 49 on-site parking spaces are required for this site, which results in a parking deficiency of 20 parking spaces. To address the parking deficiency, the applicant conducted a parking survey to assess the actual parking demand. The survey recorded the use of the parking lot at every hour in the afternoon during a work week, and found that the number of available spaces ranged from 22 to 13 spaces. The survey indicates that there is adequate parking to accommodate the proposed tutoring center, but 2,720 square feet is vacant, and the occupying of these general office spaces with its 11-space parking requirement, could significantly affect the availability of on-site parking. To reduce the parking impact that the proposed tutoring center could have on the site, staff recommends as a condition of approval that the two instructors be required to use the parking spaces located on the west side of the subject building. Due to the close proximity of the proposed tutoring center to the high school, it is very likely that most of the students will walk to the site after school. Together with this factor and the parking availability indicated by the parking survey, it is staffs opinion that the site can accommodate the proposed tutoring center. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design pre required to be complied CUP 12-06 909 S. Santa Anita Drive, Unit- L June 12, 2012 — page 3 Exhibit `E' - Page 3 of 6 V with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. •p. QA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, and if it is determined that no significant physical alterations to the site are necessary, then this project, as an existing facility involving negligible expansion of use, is categorically exempted by the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. 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 a commercial use that is consistent with the zoning and land use designation of the site and area and will not adversely impact 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 C-2 zones with an approved Conditional Use Permit per Section 9275.1.56 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 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 tutoring center will not significantly increase traffic to and from the site 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 tutoring center is a commercial use that is consistent with the General Plan Land Use Designation of the site. It is staffs opinion that the proposed tutoring center, with conditions of approval, satisfies each prerequisite condition. ' CUP 12-06 909 S. Santa Anita Drive, Unit- L June 12, 2012 — page 4 Exhibit `E' — Page 4 of 6 RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No CUP 12-06, subject to the following conditions: 1. The tutoring center shall be limited to a maximum of two (2) instructors, and 15 students of ages 14 to 18 at any one time. 2. Classes are limited to the following schedule: Weekdays 3:00 p.m. to 7:00 p.m. Saturdays 9:00 a.m. to 6:00 p.m. 3. The instructors of the subject tutoring center shall use the parking area located on the east side of the subject property. 4. A roofed trash enclosure shall be provided in accordance with City Standards, and the location and design shall be approved by the Community Development Administrator. 5. Exit doors shall be equipped with panic lever type hardware. Latched or key operated locks are not permitted. 6. The use approved by CUP 12-06 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 12-06. 7. 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. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 12-06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 9. 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 CUP 12-06 909 S. Santa Anita Drive, Unit- L June 12, 2012 — page 5 Exhibit `E' - Page 5 of 6 to represent the City, its officers, employees, and agents in the defense of the matter. 1 Approval of CUP 12-06 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 Application No. CUP 12-06; 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 12-06; 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 June 12, 2012 public hearing, please contact Assistant Planner, Nick Baldwin at (626) 574-5444, or nbaldwin @ci.arcadia.com. Approv-• • : Jig Kasama ommunity Development Administrator Attachments: Aerial Photo with Zoning Information Photos of Subject Property 300-foot Radius Map Site Plan and Proposed Floor Plan Preliminary Exemption Assessment CUP 12-06 909 S. Santa Anita Drive, Unit- L June 12, 2012 — page 6 Exhibit `E' - Page 6 of 6 411, MINUTES - Excerpt ARCADIA PLANNING COMMISSION °cQ` o Tuesday, June 12, 2012, 7:00 P.M. Arcadia City Council Chambers PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT NO. CUP 12-06 909 S. Santa Anita Ave., Unit L Infinity Display The applicant is requesting a Conditional Use Permit with a parking modification for a tutoring center for children ages 14-18 with a maximum attendance of 15 students at one time in a 580 square-foot commercial unit in an existing commercial building. RECOMMENDATION: Approve Mr. Baldwin presented the staff report. Commissioner Baderian asked for verification of the hours for the tutoring center. Mr. Baldwin said the tutoring center would be open from 3:00 p.m. to 7:00 p.m. during the academic year and on winter and spring breaks, but the applicant has informed him that during summer vacation they would use the Saturday schedule of 9:00 a.m. to 6:00 p.m., Monday through Saturday. Commissioner Baderian pointed out that in the recommendations there is no mention of a different schedule for breaks and summer; in fact, it appears that the schedule is the same year around. He noted that the schedule just mentioned is not the same as that listed in the recommendations. Commissioner Baderian said that the parking required is based on general office use for the vacant units in the center. He asked if the vacant units were used for something other than general offices, would parking requirements increase. Mr. Kasama explained that the vacant units could be restricted to general offices use only by Conditional Use Permit and Parking Modification. Commissioner Baderian said that there still would be a deficiency of 20 parking spaces. Commissioner Parrille asked if there was any response to the public notice from the Arcadia School District and if the applicant had considered the possibility of conflicts with activities at the high school. Mr. Baldwin said that the applicant had specifically chosen the site because they believe the close proximity to the school would be an advantage to their business, and there was no response from the School District. Chairman Baerg said that the intersection of Campus Drive and Santa Anita Avenue is congested at times and he asked if there had been a study on traffic flow relating to the drop-off and pick-up of students. Mr. Baldwin explained that the application had been reviewed by Engineering Services and they indicated no concerns with this proposal. Chairman Baerg asked if anyone would like to speak in favor of this project. Mr. Gordon Ng, the applicant, explained that most students will walk from the high school to the tutoring center after school and that he does not anticipate any traffic problems. He said that the office hours for the school year will be from 3:00 p.m. to 7:00 p.m. and during the summer, they will be open from 9:00 a.m. to 6:00 p.m. He said the business will focus on small groups. Arcadia Planning Commission—Minutes Excerpt—June 12, 2012 Exhibit 'F' Page 1 of 2 • . Commissioner Baderian asked Mr. Ng to explain when the school will not be in operation. Mr. Ng said that the tutoring center will operate from 3:00 to 7:00 from September to mid- June and 9:00 to 6:00 from mid-June to the end of August. He said that the center will be closed on Sundays throughout the year. Commissioner Parrille asked Mr. Ng if the many activities at the high school, including football games and marching band activities, would impact their program; such as, with parent parking demand and noise. Mr. Ng said he does not anticipate any problems because the parking lot is posted as parking only for the,subject property, and the tutoring center rooms at the center of the building. Chairman Baerg asked if anyone would like to speak in opposition to this project. There were none. MOTION It was moved by Commissioner Chiao, seconded by Commissioner Beranek to close the Public Hearing. Without objection the motion was approved. Commissioner Beranek said he was not clear on the operating hours of the center and suggested that the recommendations need to be clarified. Mr. Kasama said that during the academic year the center will be open from 3:00 p.m. to 7:00 p.m. and during winter and spring breaks, but during summer vacation, the center will be open from 9:00 a.m. to 6:00 p.m. He said that staff will review the schedule with the applicant to make sure he understands the requirements. Commissioner Beranek stated that the operating hours should be clearly defined in the Resolution. MOTION It was moved by Commissioner Beranek, seconded by Commissioner Chiao to approve Conditional Use Permit No. CUP 12-06 subject to the conditions in the staff report with clarification of the operating hours. ROLL CALL AYES: Commissioners Beranek and Chiao NOES: Commissioners Baderian, Parrille and Baerg Arcadia Planning Commission —Minutes Excerpt—June 12, 2012 Exhibit 'F' Page 2 of 2 . RESOLUTION NO. 1857 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT APPLICATION NO. CUP 12-06 FOR A 580 SQUARE-FOOT TUTORING CENTER FOR CHILDREN AGES 14-18 WITH A MAXIMUM ATTENDANCE OF 15 STUDENTS'AT ONE TIME AT 909 S. SANTA ANNTA AVENUE, UNIT - L. WHEREAS, on March 29, 2012, a Conditional Use Permit application was filed by Pi Tutorial for a 580 square-foot tutoring center for children ages 14-18 with a maximum attendance of 15 students at one time, Development Services Department Case No. CUP 12-06, at 909 S. Santa Anita Avenue, Unit - L; and WHEREAS, a public hearing was held on June 12, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated June 12, 2012 are true and correct. SECTION 2. This Commission finds: A. That the granting of such Conditional Use Permit will be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity because the on-site parking facilities are inadequate to support the proposed tutoring center and the proposed business would intensify traffic at an intersection that is already congested. B. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized; however, the applicant could not satisfy the -1- 1857 Exhibit `G' - Page 1 of 4 parking and traffic requirements for the requested conditional use as specified in -.Section 9269.5 et seq. of the Arcadia Municipal Code. • C. That the site for the proposed use is not adequate in size and shape to accommodate said use due to inadequate on-site parking and traffic congestion at the adjacent intersection. D. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use, but the intersection of Campus Drive and Santa Anita Avenue is congested at peak times and the proposed tutoring center would adversely impact this intersection. Also, the on-site parking is insufficient to accommodate the proposed use. E. 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 Conditional Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission denies Conditional Use Permit Application No. CUP 12-06 for a 580 square-foot tutoring center for children ages 14-18 with a maximum attendance of 15 students at one time, Development Services Department Case No, CUP 12-06, at 909 S. Santa Anita Avenue, Unit - L. SECTION 4. The Secretary shall certify to the adoption of this Resolution. • -2- 1857 Exhibit `G' - page 2 of 4 1 Passed, approved and adopted this p2 6 day of , 2012. ' Chairman, Plan mg ommission ATTEST. Se ,.. ary, Planning Commission APPROVED AS TO FORD Pitib,,, 2 Stephen P. Deitsch, City Attorney • -3- 1857 Exhibit `G' - Frage 3 of 4 y .. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1857 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 26th day of June, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Beranek, Parrille and Baerg NOES: None ABSENT: Commissioner Chiao Sep - -ry of the Planning Commission Exhibit `G' - f5age4 of4 Pi Tutorial 909 S. Santa Anita Ave, Suite L, ,�� Arcadia, CA 91006 I[I r y" July 2, 2012 Nicolas Baldwin • Planning Department/City of Arcadia JUL - 8 2012 240 W. Huntington Dr, PO Box 60021 Arcadia, CA 91066-6021 Planning Services In reply refer to : Appeal CUP 12-06 City of Arcadia Dear Nicolas Baldwin: Regarding the application of Conditional Use Permit (CUP 12-06) submitted by Pi Tutorial, we would like to appeal for resolution no. 1857. Hereby we are submitting further information: 1. On-site parking facilities are adequate to support the proposed tutoring center. i. From the time we submitted the application in March, there were some vacant offices at the site which are now fully occupied. According to the parking survey conducted recently, the use of parking space remains at low level from 60% - 70% only. Hence, on-site parking spaces is adequate in size and shape to support and fully accommodate all the business uses. <with supporting proofs ii. Parking ratio used in staff report has shown a discrepancy with actual use of parking. It does not reflect the real situation. For example, the parking spaces assigned to Day Spa is 8, but actually Day Spa takes only 2-3 parking spaces, not more than 4 at the same time. Most of businesses at site are carrying personal one-on-one services with appointment required. This is a fact that the traffic, as well as the parking are not so busy at site. iii. Given the close proximity of the proposed tutoring center to the high school, student can walk directly from school without occupying any parking spaces. iv. Most of students and parents do not occupy parking spaces. Instead, the parking mainly serve the parent for pick up only. The transition time is very short, all pick up won't take longer than 5-7 minute. Exhibit `H' - sage 1 of 7 - r Pi. Titt:.o. i..1a 909 S. Sitir t Anita Ave. Silit? I_. r 1.;:tcilti. CA 91006 v. The Staff Report has overstated the parking deficiency. (see below table). Suite Square Use Parking Actual Parking Footage Spaces Spaces A & C 2200 Consulting Office*' 9 5 B 1500 Day Spa 8 4 D & E 1825 Consulting Office 7 4 F-1 570 Consulting Office 2 2 F-2 610 Music Studio 2 2 G 665 General Office 3 2 H 730 Acupuncture 4 2 I &J 1245 Insurance Office' 5 2 K 420 General Office 2 1 L 580 Tutoring Center 7 5 Total 49 29* *I Consulting Office • :i;7 Insurance Office *3 Actual Parking Spaces:On-site park is adequate in size and shape to support the proposed tutoring center.Even the site is fully occupied(no more vacant offices).there are still plenty of parking spaces available. 2. Proposed business would not intensify traffic at the intersection. i. The proposed business provide a very safe and convenient location for Acadia High School students who can access the tutoring center with a walkable distance. It will not create additional traffic, but help reduce and diversify the traffic for those students coming to our classes at the time of school pick up. ii. The site locates on S. Santa Anita Ave, between Campus Dr and Durate Rd. There are two parking entrances, one on S. Santa Anita Ave and the other one on Campus Dr. It helps diversify the traffic flow around the area. iii. Occasionally there are any events or games at Arcadia High School that required to close the Campus Dr., the entrance on S. Santa Anita plays important role to relieve the traffic. 3. Proposed capacity: 15 students is a long term goal as maximum capacity. The number is negotiable to 1 instructor and 12 students. In that sense, ratio of parking space could be lowered to 5 only. Page 2of7 Exhibit 'H' srr A �`if.ii t' i C:', ;tJtY, During the public hearing on Jun 12, the applicant was under great pressure after taking medication for health condition. Some of above information was not able to address to members of Planning Commission, that caused an unfavorable situation. Therefore we are writing to appeal for our application of CUP 12-06. Please review and kindly process as soon as possible. We will be grateful if you could grant us the permit for small group tutoring. This is not a commercial business, but a business in education which values each students and helps them get prepared for their future. Sincerely; • f Signed by: Gordon Ng Title: President Date: 7/2/2012 Page 3 of 7 Exhibit `H' .tl)i r''lItO't,'ial , ()('1()S. Sani .t e\rilt..,;.1 Ave, SI,lik, I . ,A t.c...t'&Fla,CI('1(ii)1 Picture taken on 6/29/2012 1 pm . . 4 ,...„.: i:t,;:',1:'--f- : 1'',', - ,lg. , . .•:. ,.,,,,..,L,,,:n; ..,,, •+,/,','4. V,. . - i . 4 t t , 1L-17• ..."''''''...-""'—'' .•8.-477.,:k.,.;,._,,,,:-!,,l,t5;'' i'."'. -'1: '-' ' '''''''''''':'. ". t-r, r, 'i'• ' -4" ta, ,....•* -'1- '-..'"ONI ,„ ,'. , , . 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',.; ,-.',',r.i,..,-:', ' ..t,,Y,1-!.1..,.-I ''..-,11,,: --.17' ''' ''' ''' '''':: ' 1 ,;, „ . , , ):, • , '.!.':''.-"!,4titifir: , , , • , - ., ,,,,,,,,..‘,,,,- ,-.-„,-.,..' .,.. . .,-,, ,,,-- ,.., ', . - .,..,. :.';..`,,,4,/,..:,;','..,-;.2„' . .. .,. . . . . . . . . .. Page 4 of 7 Exhibjt 'H' I/COI .1o.1, 99 S tit,1 Anit A'S Sit it .1\s I 006 Pictures taken on 7/2/2012 10 am " • ---je , '-‘,;•"'• ;4- "• -• ;.;•47. , • 1 L, ', • „ • -' ' , ' • , ' • ;4,11•,1,11.k.,44 ‘; ",• `12`i'• •; '.1 " 40 - OW? morgi .400 - ' - Page 5 of 7 Exhibit ! F w Y 1 . . Ca_a t , 909 S. San?.«.Anit. Ave, Suitt: I . Arcadia, C", «IUOE=. 75 fi, tie c t L tf ''.1%."'1"',!....- ,..,..,;-,,.''''1; o Vi �+ it 1 , J. . 1,,,„,, ,, , t., L ,l h µ�x 1 Ill 4 , * r ? P° it t 1, ',4":---'-,1,--.9i"x 4,ia1 t r ,ryj, t l',''.. r - r p4.r , t'tJ: t1 d i r �.i�M. � L 1�"+�n.N4l�l +Vii}t� ���rX a I: t 1 'Sz 7.r i. t 'Yf5 ±p{t',� . , n r,,..r € !� ya r lee s Page 6 of 7 Exhibit `H' LI C. Sante 411111011111lik it A A\ CO'ds' t . 'J ‘")1(0t) • 14,14),4(,,,Z,Z■ I Suite 1 &J : insurance Company Suite A & C, D & E : same Academic Consulting Office Page 7 of 7 Exhibit 'H' - - THIS PAGE INTENTIONALLY BLANK - - A OVFO Rlc1 - 77771 PI • A=3.1409 4244tiitY of MEMORANDUM Development Services Department Subject: CUP 12-06 —Analysis of traffic at Santa Anita Avenue and Campus Drive The site accesses Campus Drive and Santa Anita Avenue very near the intersection of the two streets. Campus Drive intersects Santa Anita Avenue as a T-intersection within 400 feet of the intersection of Santa Anita Avenue and Duarte Road. Campus Drive is a relatively low volume street, except for the morning and afternoon periods when the High School begins and lets out. The Santa Anita Avenue and Campus Drive intersection experiences short periods of congestion due to the high school traffic. The congestion occurs primarily in the northbound to westbound left-turn lane on Santa Anita Avenue, and the eastbound lanes of Campus Drive. Two years ago, the City made improvements to the intersection of Santa Anita Avenue and Duarte Road and the segment of Santa Anita Avenue between Campus Drive and Duarte Road to help facilitate traffic flow in the vicinity of the two intersections, and especially the High School traffic. Santa Anita Avenue can now accommodate more vehicles turning right from Campus Drive onto southbound Santa Anita Avenue, which helps to clear the intersection faster. During the school traffic peak hours, the parking lot of the applicant's business experiences traffic queuing in front of the Campus Drive driveway. However, the driveway onto Santa Anita Avenue is very rarely impacted by vehicle queuing on Santa Anita Avenue. For very short periods, a driver attempting to exit the parking lot onto Campus Drive may experience a delay due to the high school traffic queuing. The High School periodically requests the closure of Campus Drive from Santa Anita Avenue to El Monte Avenue for school purposes. These closures are limited to off-peak hours like mid-mornings when Campus Drive traffic would normally be light. During these closures the applicant's parking lot still has access from Santa Anita Avenue. These closures have a minimal impact on Santa Anita Avenue traffic flow. Exhibit `f' Traffic Analysis ! '' " pit CITY OF ARCADIA ' '' I '� 240 W. HUNTINGTON DRIVE "�\ e `/�, ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: CUP 12-06 2. Project Location—Identify street 909 S. Santa Anita Avenue, Unit L 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): 3. Entity or person undertaking A. project: B. Other(Private) (1) Name Pi Tutorial t (2) Address 909 S. Santa Anita Ave., Unit L 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. ® The project is categorically exempt. Applicable Exemption Class: 01 f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt 1 on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: I Date: 6-5-12 Staff: Nick Baldwin, Assistant Planner Preliminary Exemption Assessment Exhibit `J' 1o. Of AR Au{u7,5.fY07 -9,44nity°I%%° MEMORANDUM Development Services Department Subject: Appeal of CUP 12-06 — Recommended Conditions of Approval 1. The tutoring center shall be limited to a maximum of two (2) instructors, and 15 students of ages 14 to 18 at any one time. 2. Classes are limited to the following schedule: Monday Friday 3` aturday ClosedDates Academic Year 3 p.m. —7 p.m. 9 a.m. —3 p.m. The Saturday in November of Two sessions: Sessions to be the band festival. 3:15 —4:45 based on Winter& Spring breaks 5:00 — 6:30 enrollment Sundays& National holidays Summer 9 a.m. —6 p.m. 9 a.m. —12 p.m. One week in June and two Sessions to be Sessions to be weeks in August based on enrollment based on enrollment 3. The instructors of the subject tutoring center shall use the parking area located on the east side of the subject property. 4. A roofed trash enclosure shall be provided in accordance with City Standards, and the location and design shall be approved by the Community Development Administrator. 5. Exit doors shall be equipped with panic lever type hardware. Latched or key operated locks are not permitted. 6. The use approved by CUP 12-06 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 12-06. 7. 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. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 12-06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 9. 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. 10. Approval of CUP 12-06 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. Exhibit `K' Conditions of Approval - - THIS PAGE INTENTIONALLY BLANK - -