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Item 1
of r A RC� °1,taroRN,. . � al r 7 C1 1 ,r Aurur0S 11903 Ok parr t 10 m 3 4-11'� °f s MEMORANDUM Development Services Department DATE: October 3, 2013 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administra SUBJECT: Conditional Use Permit No. CUP 13-09 After the staff report for this item was completed, the applicant contacted staff to request a revision to the proposed operating hours. The applicant is requesting to extend the operating hours on Sunday through Thursday to 8:30 p.m. The operating hours on Friday and Saturday would end at 5:15 p.m. as originally proposed and stated in the staff report. Staff believes the revised operating hours are an acceptable change that would not result in a parking shortage. As such, staff is recommending condition of approval no. 2 for the project revised to read as follows: • Class hours shall be limited to 6:00 a.m. to 8:30 p.m., Sunday through Thursday, and 6:00 a.m. to 5:15 p.m., Friday and Saturday. Classes shall be scheduled with a minimum 30-minute interval between the end of a class and the start of the next class. The specific class schedule shall be subject to the approval of the Community Development Administrator. or^ker 401, I or0 A A y..r3 IY07 STAFF REPORT Development Services Department DATE: October 8, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: RESOLUTION NO. 1881 — CONDITIONAL USE PERMIT NO. CUP 13-09 WITH A CLASS 3 EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 2,106 SQUARE-FOOT YOGA STUDIO WITH A MAXIMUM OF 12 STUDENTS AT ANY ONE TIME WITHIN AN EXISTING 6,123 SQUARE-FOOT COMMERCIAL BUILDING AT 24 W. ST. JOSEPH STREET. Recommended Actions: Find that this project qualifies as a Class 3 Categorical Exemption from CEQA, approve Conditional Use Permit No. 13-09, and adopt Resolution No. 1881. SUMMARY The applicant is requesting approval of a Conditional Use Permit to open a 2,106 square-foot yoga studio with a maximum of 12 students at any one time — see the attached aerial photo, photos of the site, and proposed plans. It is recommended that the Planning Commission find that this project qualifies as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA), approve CUP 13-09, subject to the conditions listed in this staff report, and adopt the attached Resolution No. 1881. BACKGROUND APPLICANT: Ms. Kayla Stra, Prospective Business Owner LOCATION: 24 W. St. Joseph Street REQUEST: A Conditional Use Permit for a 2,106 square-foot yoga studio with a maximum of 12 students at any one time SITE AREA: 13,392 square feet (0.32 acre) FRONTAGES: 94 along W. St. Joseph Street & 148 feet along Rolyn Place EXISTING LAND USE & ZONING: The site is developed with a 6,123 square-foot commercial building that was built in 1965. The site is zoned C-M, Commercial-Manufacturing. SURROUNDING LAND USES & ZONING: North: Light-manufacturing/warehouse building, zoned C-M South: Utility company offices and maintenance yard, zoned C-2 East: Rock climbing facility and physical therapy office, zoned C-M West: Arcadia Unified School District maintenance yard, zoned C-M GENERAL PLAN DESIGNATION: Commercial with Downtown Overlay (1.0 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. The Downtown Overlay allows for more intense development within the downtown area. DISCUSSION The applicant is proposing a 2,106 square-foot yoga studio with up to 12 students at any one time within an existing 6,123 square-foot commercial building. The remainder of the building is for general office uses. The proposed operating hours are from 6:00 a.m. to 5:15 p.m., seven days a week. Classes will be scheduled to maintain a minimum interval of 30 minutes between the end of a class and the beginning of the next class. The specific class schedule is to be subject to the approval of the Community Development Administrator. The subject property has 19 on-site parking spaces. As required for this project, accessible parking and path-of-travel improvements will be made to the parking lot and the building, which will reduce the on-site parking to 17 spaces. In addition to the on-site parking, a shared-parking arrangement exists for the subject property and the adjoining properties at 251 N. Santa Anita Avenue and 305 N. Santa Anita Avenue. These three properties are under the same ownership, and the parking lots are interconnected with shared-driveway approaches and parking lot aisles. The total number of parking spaces within this shared-parking area is 65 spaces, which will be reduced to 63 spaces with the aforementioned accessibility improvements. The proposed yoga studio requires 6 parking spaces, based on a requirement of one space per 100 square feet of workout area and a 25% reduction for properties within one-quarter mile of the future light rail station. The parking requirement for the previous office use that occupied this commercial unit was also 6 spaces, based on a 4-spaces per 1,000 square feet of gross floor area requirement and the 25% parking reduction. CUP 13-09 24 W. St. Joseph Street October 8, 2013— Page 2 of 6 The proposed yoga studio will not result in an increased parking requirement, and a Parking Modification is not needed for this project. To help ensure parking is available for the other uses on the adjacent parcels, the applicant will not hold classes after 5:15 p.m. when the restaurant (currently vacant, formerly Domenico's) at 251 N. Santa Anita Avenue would typically have its highest parking demand. Located in the parking lot is a trash and recyclables enclosure that is shared among the various properties — see the attached photos. As a condition of approval for this application, staff is recommending that the existing enclosure be upgraded with a roof to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES). 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. Facts to Support the Finding: The project will not be detrimental in any way to the public health or the surrounding area. A yoga studio is consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Facts to Support the Finding: In the C-M, Commercial Manufacturing Zones, a yoga studio is allowed with an approved Conditional Use Permit per Section 9275.1.49.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Facts to Support the Finding: The yoga studio will occupy a portion of an existing commercial building. The commercial property features parking, landscaping, walls, and other features typical of commercial development. Based on the proposed 12- student limitation, restricted operating hours, and minimum 30-minute interval between classes, the site is adequate for the proposed yoga studio. 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. govbk Facts to Support the Finding: The site is located along St. Joseph Street and Rolyn Place. These streets are adequate to serve the proposed use. CUP 13-09 24 W. St. Joseph Street October 8, 2013 — Page 3 of 6 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Facts to Support the Finding: The proposed yoga studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. 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 3 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. It is recommended that the Planning Commission find that this project is exempt from CEQA. PUBLIC NOTICE/COMMENTS Public hearing notices for CUP 13-09 were mailed on September 27, 2013 to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property — see the 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 October 3, 2013, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 13-09, subject to the following conditions: 1. There shall be no more than 12 students at any one time. 2. Class hours shall be limited to 6:00 a.m. to 5:15 p.m., daily. Classes shall be scheduled with a minimum 30-minute interval between the end of a class and the start of the next class. The specific class schedule shall be subject to the approval of the Community Development Administrator. 3. The existing trash/recyclables enclosure in the parking lot shall be upgraded with a roof to comply with National Pollutant Discharge Elimination System (NPDES) requirements. The design shall be subject to the review and approval of the Community Development Administrator, and a building permit shall be obtained for this work. 4. The use approved by CUP 13-09 is limited to a yoga studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13-09, 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. CUP 13-09 24 W. St. Joseph Street October 8, 2013 — Page 4 of 6 5. 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 by the aforementioned City officials and employees, and may subject to building permits. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 13-09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the yoga studio. 7. 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. 8. Approval of CUP 13-09 shall not take effect until the property owner(s), applicant, 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. CUP 13-09; and adopt the attached Resolution No. 1881 that incorporates the conditions of approval set forth above, or as may be modified by the Commission, and which incorporates the aforementioned findings. Denial If the Planning Commission intends to deny this proposal, the Commission should state the finding(s) that the proposal does not satisfy (see pages 3 & 4) with reasons based on the record; move to deny Conditional Use Permit Application No. CUP 13-09; and CUP 13-09 24 W. St. Joseph Street October 8, 2013 — Page 5 of 6 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 October 8, 2013 hearing, please contact Associate Planner, Tim Schwehr at (626) 574-5422, or tschwehrci.arcadia.ca.us. Approved: Ji,007-asama ommunity Development Administrator Attachments: Aerial Photo with Zoning Information Photos of the Subject Property and Surrounding Properties Proposed Plans Preliminary Exemption Assessment 300-foot Radius Map Resolution No. 1881 CUP 13-09 24 W. St. Joseph Street October 8, 2013— Page 6 of 6 Site Address: 24 WEST SAINT JOSEPH STREET Property Owner(s): DRAKE FINANCIAL LLC '' ■ IMPAINV * IF It 4 F , .,,Imo s cL;IA? i{t#5'2="rt�t.t+' `."ti".3S�F'S rs.5's. art 4* 4 t , �y 1k !o' ,. . ai awl l 1 1F a ` . , a :, 4 � ,,7 , ; op ins 'I" , rA' Awn 3 ^'i5 t'4:1t � akM1- �`i'A�d` n' {t: Zs/4,V at' £.1 itl T 4. +ter 1 I IMPS �.. FAR► h5 i th t . .Q ti , a I's,-' Cr'd i 3 vt 1. hA N YY � ye, T fy . fhlrI.. :r • di [ 1111111111111 '' { Y T�y : , t. Property Characteristics Selected parcel highlighted 0 Zoning: ,'� ��•rII _ ■iu a 9 C-M ��ate. '��1�I . '`� �= o• 1 Si.:,�� 11111._ . wom General Plan: C 1.0 "� '�� -� �, I Iliiiiilllll� . "' '''ammo�:am Imam o t. 11 Lot Area (sq ft) � { Me Imi=..._ _ S_ wnr --wn wnwn A�.. ..r 1 Main Structure/ Unit(sq. ft.): 6,133 wn wnwn '= == — ■RF it wt. - mu or.mown maim Year Built: 1965 mown wn .� r- =rw nn,,,ter ,,.t. r mown �=M:..:wn_ —ININ a / .:rwrnm� Number of Units: 0 O .: a,wi 5 '�� Awn wn'.r'"1r7 /4';''.4-... ,, �•�r,s. "r Gtr—c-•∎ ,+� , l,, '.-7',..7■Overlays �4I%����``� a .;;,,7/. v.,%%-4 i ;'t ', Parking Overlay: n/a ill 11,��� fP/�r//,vrt���:r//, .�� Downtown Overlay: Downtown Overlay Special Height Overlay: n/a ✓ Architectural Design Overlay: n/a , Parcel location within City of Arcadia„ This map is a user generated static output from an Internet mapping site and is for Report generated 03-Oct-2013 reference only. Data layers that appear on this map may or may not be accurate,current, Page 1 of 1 or otherwise reliable. i z= i 1._ 1 . Pt. • I. wCd a �•,- , �'� j • • 1 13: PROPOSED YOGA STUDIO'S MAIN ENTRANCE w f V Y pp ( ot�� Ct P ,F@ ('s .. E i to u.,. .. , ..--- SUBJECT PROPERTY-REAR PARKING LOT Ark- y Awl wYr- SUBJECT PROPERTY-DRIVEWAY APPROACHES AND PARKING OFF OF ST.JOSEPH STREET 4 41,1W-144111r I. eft- ,,..,,,,,tpirvii t,„., I toot 641, I tit I 4,..it E' 4 . '-';..44.114.4.1i.;,fe",„ ?''; ,,'''' " ,.,.,"'6`' .. ,,,,.:',.•, VIVIR Nis tiay 1.' 3 ..„2,,,,t,! ,,,:„,„,,,, .. , , , , ...,, „., ,..,,,, wok nu , • 1 k unlawilvli i ti, ., ., .r I LCL. t sip) rimmitto..E.T. -"ell ----17--lort:pc- 44'4 4 SUBJECT PROPERTY-PARKING LOT LOOKING EAST fr' SUBJECT PROPERTY-VIEWED FROM ST.JOSEPH STREET Wa,42 - PROPERTY TO THE EAST #"` —fir.-..t._ t . t t 4 }} 1 i /1Ai{IIA , _ Alto .�y u`3 "��' ih,,a xy q'?r x.7 n'3' y'fit''' a ,' • PROPERTY TO THE SOUTH .. a ; : Asa;'w5 o, e' �� Py 4 �Y 91'>V y„ k as 2^ r ax,,y t At ;,,�, M �. 4N , i,,' - Y - Y s,p J n \ cx ��� fix u e - f3 ` $ t3 .' - 'x y r} `Y r La s . SUBJECT PROPERTY —VIEW FROM ROLYN PLACE tt ; PROPERTY TO THE WEST Amok gmesua- a :. 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Project Location—Identify street 24 W. St.Joseph Street,Arcadia, CA 91007 address and cross streets or attach a (cross streets: Rolyn Place&Santa Anita Avenue) map showing project site(preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. B. Other(Private) (1) Name 1 Kayla Stra (2) Address I 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. Alow 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: 1 Section 15303 f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on I the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: September 25,2013 Staff: Tim Schwehr,Associate Planner Preliminary Exemption Assessment\2011 FORM"A" e v°c ee(,SUE M RENO PROJECT INFORMATION OWNERSHIP/OCCUPANTS LIST 24B W. SAINT JOSEPH ST. MUNICIPAL RADIUS �a ARCADIA, CA. 12108 LAMBERT AVE.EL MONTE,CA 91732-FAX(928) 1 Ar 13-278 SCALE 1"=20 \ o « 11.V...... LAJI t \ ,�,s no allirrilin' i • \ TRACT ,48 MwY .rte A _ 'Ito M•8.17-21 ii .1 AO �.. Qti OW \ PART OF ?: YNEZ OR ' '� 5 - . $4., w L5 N \\ LOT G r-° \\ �. • 10 1 0 , � `\�\\ ill 1A�x .L -34 S 4 7 .K2 a o rao Ng lo\\ • g tl J ' ., .yliv) iR ,1 rob 'In a 14 w TRACT N\ .. '.' 9 4 0 \\ li LA PORTE LA PE 18 " \ rb er 9 $ �� PART OF LOT 2 g.% \\;IMI . Al; . 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LOT 1 3 M' LOT 3 ,r r IMii1- O 1 " " sk sagas -, RESOLUTION NO. 1881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 13-09 WITH A CLASS 3 EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 2,106 SQUARE FOOT YOGA STUDIO WITH A MAXIMUM OF 12 STUDENTS AT ANY ONE TIME AT 24 W. ST. JOSEPH STREET. WHEREAS, on August 20, 2013, an application was filed by Ms. Kayla Stra to open a 2,106 square foot yoga studio at 24 W. St. Joseph Street; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under CEQA Article 19 Categorical Exemptions Section 15303 of the CEQA Guidelines; and WHEREAS, a public hearing was held by the Planning Commission on October 8, 2013, 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 October 8, 2013 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 project will not be detrimental in any way to the public health or the surrounding area. A yoga studio is consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the other existing uses at the site, Apw or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the C-M, Commercial Manufacturing Zones, a yoga studio is allowed with an approved Conditional Use Permit per Section 9275.1.49.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The yoga studio will occupy a portion of an existing commercial building. The commercial property features parking, landscaping, walls, and other features typical of commercial development. Based on the proposed 12-student limitation, restricted operating hours, and minimum 30-minute interval between classes, the site is adequate for the proposed yoga studio. 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 site is located along St. Joseph Street and Rolyn Place. These streets are adequate to serve the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed yoga studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 13-09, subject to the following conditions: 1. There shall be no more than 12 students at any one time. 2. Class hours shall be limited to 6:00 a.m. to 5:15 p.m., daily. Classes shall be scheduled with a minimum 30-minute interval between the end of a class and the -2- 1881 start of the next class. The specific class schedule shall be subject to the approval of #'"" the Community Development Administrator. 3. The existing trash/recyclables enclosure in the parking lot shall be upgraded with a roof to comply with National Pollutant Discharge Elimination System (NPDES) requirements. The design shall be subject to the review and approval of the Community Development Administrator, and a building permit shall be obtained for this work. 4. The use approved by CUP 13-09 is limited to a yoga studio, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13-09, 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. 5. 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 by the aforementioned City officials and employees, and may be subject to building permits. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 13-09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the yoga studio. -3- 1881 7. 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. 8. Approval of CUP 13-09 shall not take effect until the property owner(s), applicant, 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. (SIGNATURES ON NEXT PAGE) -4- 1881 Passed, approved and adopted this 8th day of October, 2013. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- 1881