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HomeMy WebLinkAboutItem 4STAFF REPORT Development Services Department DATE: June 11, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: CONDITIONAL USE PERMIT NO. CUP 13 -04 WITH A CLASS 1 EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 2,700 SQUARE FOOT PERSONAL TRAINING STUDIO WITH A MAXIMUM OF 10 PATRONS AND 4 TRAINERS /STAFF AT ANY ONE TIME AT 215 S. FIRST AVENUE. Recommended Actions: Approve Conditional Use Permit No. 13 -04, and Find that the Project is a Class 1 Exemption from CEQA SUMMARY The applicant, Mr. Eric Chang, submitted Conditional Use Permit Application No. CUP 13 -04 for a 2,700 square foot personal training studio with a maximum of 10 patrons and 4 trainers /staff at any one time at 215 S. First Avenue — Building F on the attached site plan. An aerial photo and photos of the site are also attached. It is recommended that the Planning Commission approve this application, subject to the conditions listed in this staff report. BACKGROUND APPLICANT: Mr. Eric Chang, Prospective Business Owner LOCATION: 215 S. First Avenue REQUEST: Conditional Use Permit No. CUP 13 -04 for a 2,700 square foot personal training studio with a maximum of 10 patrons and 4 trainers /staff at any one time. SITE AREA: 22,670 square feet (0.52 acre) FRONTAGES: The site has a 160 -foot frontage along First Avenue, a 141 -foot frontage along Bonita Street, and a 141 -foot frontage along a southerly alley. The subject building has a 38 -foot frontage facing First Avenue. EXISTING LAND USE & ZONING: The site is developed with five, one -story commercial buildings totaling 10,238 square -feet, and is zoned MU, Mixed Use. The parking area has been recently restriped to provide 17 on -site parking spaces. The subject commercial building was last occupied in 2011 by a party supply store (Party Pronto). It has been vacant since that time. SURROUNDING LAND USES & ZONING: North: Nail Salon, zoned MU South: Retail & Dental Offices, zoned MU East: Pet Grooming, Chiropractic Office, and Bookstore, zoned MU West: Multiple - Family Residential, zoned R -3 GENERAL PLAN DESIGNATION: Mixed Use (22 -30 du /ac & 1.0 FAR) — The Mixed Use designation provides opportunities for commercial and residential mixed -use development that takes advantage of easy access to transit and proximity to employment centers. Mixed Use districts support commercial uses that integrate well with residential activity without creating conflicts. On August 28, 2012, the Planning Commission approved Conditional Use Permit No. CUP 12 -12 (Resolution No. 1862 — attached) for a 2,700 square foot convenience store at 207 S. First Avenue — Building A on the attached site plan. The prospective business owner has informed the City that he will not be opening due to a condition of approval that prohibits the sale of alcoholic beverages. On April 9, 2013, the Planning Commission approved Conditional Use Permit No. CUP 12 -16 (Resolution No. 1871 — attached) to amend a Conditional Use Permit to expand a 700 square -foot coffee shop to include meal service and the use of a 900 square -foot rear outdoor courtyard at 203 S. First Avenue — Building D on the attached site plan. The subject property has outstanding property maintenance violations, which were to be resolved as conditions of approval of the two aforementioned CUP's. These include a substandard trash enclosure, an improperly paved driveway approach off of Bonita Street, and landscaping that needs to be rehabilitated. Code Services has issued Notices of Violation to the property owner. Representatives of the property owner have been working with staff to resolve these outstanding issues. Staff is recommending as conditions of approval for this application, that a new trash and recyclables enclosure be built to current standards, that the existing driveway approach is repaired to the satisfaction of the City Engineer, and that the landscaping is restored to the satisfaction of the Community Development Administrator. DISCUSSION The applicant is requesting approval of a Conditional Use Permit for a personal training studio with a maximum of 10 patrons and 4 trainers and /or staff members at any one CUP 13 -04 215 S. First Avenue June 11, 2013 — Page 2 of 8 time within the existing 2,700 square foot building at 215 S. First Avenue — Building F on the attached site plan. The applicant states that the training would be primarily one -on- one personal training, with some small group classes of 5 -to -10 people. Anticipated business hours are weekday mornings from 5:00 a.m. to 9:00 a.m., and evenings from 5:00 p.m. to 9:00 p.m. The hours on weekends will be based on client demand. A floor plan is attached showing the areas to be used for weightlifting, physical drills, stretching, pull ups, etc. Some minor upgrades to the restroom are required to comply with current Building Services and disabled access requirements. These are to be conditions of approval for this application. The facades of the subject building are damaged and discolored, and the sidewalk directly in front of this building is discolored — see the attached photos. Staff is recommending as conditions of approval that the sidewalk in front of this building be cleaned to the satisfaction of the City Engineer, and that the building facades be repaired and repainted to the satisfaction of the Community Development Administrator. Parking There are 17 on -site parking spaces and one (1) loading space at this property that are shared by the six (6) commercial buildings on this property — see the attached site plan. Parking modifications have been granted for the existing uses, which otherwise would require 55 on -site parking spaces per Code. According to current parking requirements, there is a parking deficiency of 38 spaces. The parking requirement for personal training studios is the same as for a health club; one (1) parking space for every 100 square feet of workout area. The proposed personal training studio will have approximately 1,700 square feet of workout area, which requires 17 parking spaces. This is an increase of three (3) spaces compared to the previous retail use at this location. However, this use should have a lesser parking demand of a maximum of 14 spaces based on the proposed maximum of four (4) staff members and ten (10) patrons using the facility at any one time. This is the same as the parking requirement for a retail use occupying this space, which is allowed by- right. Therefore, the proposed use should not result in an increased parking need compared to a generic retail use. To avoid any overlap of parking demand during small class instruction sessions, it is recommended as a condition of approval that for any classes of five (5) people or more, a minimum 30- minute gap be provided between the end of a class and the start of the next class. Although there is a parking deficiency per Code, the proposal is a desirable use with business hours that differ from most of the other uses that share this parking lot and the nearby on- street parking. The proposed training studio will primarily provide training sessions during the early mornings and evenings, rather than during standard daytime business hours. And, while the proposed use could occupy up to 14 parking spaces, it is anticipated that most of the time the number of parking spaces occupied by this use will be much lower. Staff has visited the site several times during weekday business hours, and found that the parking lot is currently underutilized with over 50- percent of the parking spaces unoccupied; which with Buildings A & F currently vacant is an indication that the other businesses on this site do not rely on the on -site parking. CUP 13 -04 215 S. First Avenue June 11, 2013 — Page 3 of 8 This property is located in a Mixed Use Zone that is intended to promote a complementary mix of uses that encourages pedestrian activity. According to the City's General Plan, development approaches in Mixed Use Zones should support shared use of parking areas and public open spaces, pedestrian movement, and interaction of uses. The proposed personal training studio would be a complementary service use to this business area, and could help to stimulate pedestrian activity by encouraging customers to park once and walk to between the mix of services, offices, stores, and restaurants in the area. Residents occupying the multiple - family developments surrounding this area have the ability to walk to this business area, and the addition of a physical fitness training studio, further encourages that activity, and will thereby reduce the number of vehicles on the road and the need for parking spaces. For the subject proposal, the following conditions of approval are recommended to ensure that the property owner addresses the existing deficiencies at this property: • A trash and recyclables enclosure that complies with current requirements shall be provided in the rear parking lot area. The location, size, and design shall be subject to approval by Planning Services, and the enclosure shall be built with permits issued by Building Services. • The damaged driveway approach off of Bonita Street shall be repaired or replaced to the satisfaction of the City Engineer. • The parking lot landscaping shall be restored to the satisfaction of the Community Development Administrator. • The facades of the subject building shall be repaired and repainted to the satisfaction of the Community Development Administrator, so that minimal damage and discoloration of the facades is visible from the street, alley, and rear parking lot. • The sidewalk directly in front of the subject building shall be cleaned to the satisfaction of the City Engineer. 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 personal training 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. A personal training studio is allowed in the CUP 13 -04 215 S. First Avenue June 11, 2013 — Page 4 of 8 MU zones with an approved Conditional Use Permit per Section 9268.10 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Based on the proposal, the parking availability, and the required improvements, this site will be 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 personal training studio will not significantly increase traffic to and from the subject commercial area and the surrounding streets are all adequate for more than the 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 personal training studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. The proposed project, with the recommended conditions of approval will satisfy each prerequisite condition, and all City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval, and to Building Permits. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project, as a conversion of an existing facility qualifies as a Class 1 Categorical Exemption per 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. It is recommended that the Planning Commission determine that this project is exempt from CEQA. PUBLIC NOTICE /COMMENTS Public hearing notices of Conditional Use Permit Application No. CUP 13 -04 were mailed on May 30, 2013 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. As of June 6, 2013, no comments were received in response to the public hearing notices. CUP 13 -04 215 S. First Avenue June 11, 2013 — Page 5 of 8 RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 13 -04, subject to the following conditions: 1. There shall be no more than 4 trainers and /or staff and 10 patrons at any one time. Group classes of 5 or more people shall be scheduled with a minimum 30 minute gap between the end of one class and the start of the next class. 2. Training sessions shall only be provided from 5:00 a.m. to 9:00 a.m., and from 5:00 p.m. to 9:00 p.m. on weekdays. On weekends, the training schedule shall be subject to the approval of the Community Development Administrator. 3. This approval of CUP 13 -04 includes a parking modification of 17 parking spaces in lieu of 58 parking spaces required. This is not an approval of a general reduction of the parking requirements for the subject commercial space, or the subject site, but only for the personal training studio that is approved by this Conditional Use Permit. 4. A new trash /recyclables enclosure shall be constructed on -site in the rear parking lot. The enclosure shall be fully roofed to comply with NPDES requirements. The design, size, and specific location of the enclosure shall be subject to the review and approval of the Community Development Administrator. 5. The damaged driveway approach off of Bonita Street shall be repaired or replaced to the satisfaction of the City Engineer. 6. The parking lot landscaping shall be restored to the satisfaction of the Community Development Administrator. 7. The exterior facades of the subject building shall be repaired and repainted to the satisfaction of the Community Development Administrator, so that minimal damage and discoloration of the facades is visible from the street, alley, and rear parking lot. 8. The sidewalk directly in front of the subject building shall be cleaned to the satisfaction of the City Engineer. 9. The existing restroom shall be upgraded to comply with the requirements of the City's Building Services. 10. The use approved by CUP 13 -04 is limited to this personal training studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13 -04, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring businesses and properties. 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental CUP 13 -04 215 S. First Avenue June 11, 2013 — Page 6 of 8 regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval, and to Building Permits. 12. Noncompliance with the plans, provisions and conditions of approval for CUP 13 -04 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the training studio. 13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 14. Approval of CUP 13 -04 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 with the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. 13 -04; 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 13 -04; 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. CUP 13 -04 215 S. First Avenue June 11, 2013 — Page 7 of 8 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 11, 2013 hearing, please contact Associate Planner, Tim Schwehr at (626) 574 -5422 or tschwehr,ci.arcadia.ca.us. Approved: r� Jir FCasama Community Development Administrator Attachments: Site Plan & Floor Plan Aerial Photograph with Zoning Information Photographs of the Subject Property & Surrounding Properties Preliminary Exemption Assessment 300 -foot Radius Map CUP 13 -04 215 S. First Avenue June 11, 2013 — Page 8 of 8 S ite P ;6,2 .41 4 6 1 otry C PAArt erg rap ky, .l. f r r, V1 et 3., (// /l Cofte e- t9 ia' 1') r (- Sitc flan 2 1 s Ar -e Floor Pi a n SUBJECT BUILDING - FRONT SUBJECT BUILDING - REAR SUBJECT PROPERTY - SUBSTANDARD TRASH ENCLOSURE SUBJECT BUILDING - REAR WALL DAMAGE SUBJECT BUILDING - REAR WALL DAMAGE SUBJECT BUILDING - SIDE WALL AND WINDOW SILL DAMAGE SUBJECT PROPERTY - IMPROPERLY PAVED DRIVEWAY APPROACH OFF BONITA STREET DISCOLORED SIDEWALK IN FRONT OF SUBJECT BUILDING N.A1LS b, ANN ADJACENT COMMERCIAL BUILDING TO THE NORTH ADJACENT COMMERCIAL BUILDING TO THE SOUTH ADJACENT COMMERCIAL BUILDING TO THE EAST ADJACENT MULTIPLE- FAMILY BUILDING TO THE WEST CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 13 -04 for a 2,700 square foot personal training studio with a maximum of 10 patrons and 4 trainers /staff at any one time. 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): 215 S. First Avene, Arcadia, CA 91006 (cross streets: Bonita Street & California Street) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Yvonne Lam (2) Address 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. The project is categorically exempt. e. ■ Applicable Exemption Class: i Section 15301 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: June 3, 2013 Preliminary Exemption Assessment \2011 Staff: Tim Schwehr, Associate Planner FORM "A" ere SUE MORENO ,00/14 (626) 350-5944 OWNERSHIP! OCCUPANTS LIST RADIUS MAPS - LAND USE -PLANS MUNICIPAL COMPLIANCE CONSULTING 12106 LAMBERT AVE.EL MONTE, CA 91732 -FAX(626)350-1532 4 PROJECT INFORMATIal 215 S. 1ST AVE. ARCADIA, CA. 13 -124 SCALE 1" =150' O 6 15 so 84`di g 1� 5042 so 13 16 14? 116 8 89 40 2 15 on 50 141.69 - ST 10 co 30 K6) I 29 28 1. 2 3 t0