HomeMy WebLinkAbout1 - Reso 1920 - CUP-14-13DATE: November 12, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jordan Chamberlin, Assistant Planner
SUBJECT: RESOLUTION NO. 1920 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-13 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE
A 1,600 SQUARE-FOOT TUTORING CENTER AT 157 E. FOOTHILL
BOULEVARD
Recommendation: Adopt Resolution No. 1920
SUMMARY
The applicant, Mr. Joe Ho, is requesting approval of a Conditional Use Permit to
operate a tutoring center in a 1,600 square-foot unit of an existing 54,240 square-foot
commercial center at 119 to 165 E. Foothill Boulevard. The subject unit, 157 E. Foothill
Boulevard was previously occupied by GameStop, a video game retailer. It is
recommended that the Planning Commission approve CUP 14-13, subject to the
conditions listed in this staff report, and adopt the attached Resolution No. 1920
(Attachment No. 1).
BACKGROUND
The subject commercial unit at 157 E. Foothill Boulevard is located in the Shoppes at
the Highlander Center, a one-story, 54,240 square-foot commercial center. The center
has a total of 338 on-site surface parking spaces – refer to Attachment No. 2 for an
Aerial Photo with Zoning Information and Photos of the Subject Property and
Surrounding Properties.
PROPOSAL
The applicant is requesting a Conditional Use Permit to occupy the subject unit to
operate a Kumon Learning Center, which would relocate from its current location at 292
E. Foothill Blvd, Suite C, in the City of Arcadia. A Conditional Use Permit (CUP) is
required for tutoring centers in the Limited Commercial (C-1) zone per Arcadia
Municipal Code Section 9275.1.56.
The proposed business hours are from 10:00 a.m. to 7:00 p.m., Monday through Friday,
with classes to take place Monday through Friday at 3:00 p.m. to 7:00 p.m., and 10:00
Resolution No. 1920 – CUP 14-13
157 E. Foothill Boulevard
November 12, 2014 – Page 2 of 5
a.m. to 2:00 p.m. on Saturdays. The interior of the subject commercial unit is proposed
to be remodeled to have one classroom, an office, a lobby/waiting area, and two
restrooms (refer to Attachment No. 3 for the Site Plan and Floor Plan). Except for
signage, no external changes to the building are anticipated. The maximum allowed
occupancy of the classroom (designated instruction area) is 45 people, which will easily
accommodate the proposed two (2) instructors and ten (10) students. Instruction shall
be limited to kindergarten through junior high school aged students.
ANALYSIS
The proposed tutoring center will occupy a unit that is currently vacant, but was
previously occupied by GameStop, a video game retailer. Parking modifications were
previously granted as part of Conditional Use Permits for various eating establishments
and a martial arts studio that approved an overall parking deficiency of 17 spaces; 338
spaces in lieu of 355 required, at the subject commercial center. The previous retail use
required five (5) spaces per 1,000 square feet of gross floor area for a requirement of
eight (8) spaces. The parking requirement for a tutoring center is one (1) parking space
for each employee, and one (1) parking space for every five (5) students.
Based on the applicant’s proposal to have two (2) instructors and a maximum of ten
(10) students, four (4) parking spaces are required, which reduces the overall parking
deficiency to 13 spaces. Since the tutoring center will have a lesser parking requirement
than the previous retail use at the subject unit, a Parking Modification is not required for
this application.
The subject property has four, 20-foot wide driveways off of E. Foothill Boulevard and
another two, 20-foot wide driveways off of N. Second Avenue. This allows for easy
vehicular ingress and egress from either of these streets. There is also ample parking in
front of the subject unit, which facilitates convenient drop off and pick up for the
proposed use. The subject plans were reviewed by Engineering Services and it was
determined that there should not be any circulation issues as a result of this proposal.
The proposed tutoring center is compatible with the surrounding uses, and complies
with the City’s General Plan and Zoning Code.
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 use is a tutoring center for kindergarten through junior high school
aged students. This use will not be detrimental to the public health or welfare, or the
surrounding properties. A tutoring center is consistent with the Limited Commercial
(C-1) Zoning and General Plan Land Use Designation of the site, and will not
conflict with the other uses on site, or in the neighborhood.
Resolution No. 1920 – CUP 14-13
157 E. Foothill Boulevard
November 12, 2014 – Page 3 of 5
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
The zoning of the site is C-1, Limited Commercial, and Arcadia Municipal Code
Section 9275.1.56 allows tutoring centers in the C-1 zone with an approved
Conditional Use Permit.
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 project site is located within the Shoppes at the Highlander Center shopping
center. The proposed tutoring center will occupy a 1,600 square-foot commercial
unit that was previously occupied by a retail use. No exterior changes, except for
signage are proposed for the use. There is an existing parking deficiency by Code
requirements on the site of 17 spaces, but there is more than adequate parking for
the various uses at this center, and because the proposed use has a lesser parking
requirement, the proposed use will not increase the deficiency. The property
features, lighting, landscaping, and other improvements adequate for this
commercial development. The proposed tutoring center will not require any
adjustments to the site.
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 E. Foothill Boulevard with access to the shopping center
parking lot from E. Foothill Boulevard and N. Second Avenue. These streets are
adequate in width and pavement type to carry the traffic that will be generated by
the proposed tutoring center, and will not impact these streets.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Approval of a commercial use, such as the proposed tutoring center is consistent
with the Commercial Land Use Designation of the site. The proposal will not
adversely affect the comprehensive General Plan.
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 by the property owner/applicant to the satisfaction of the Building Official,
City Engineer, Community Development Administrator, Fire Marshal, and Public Works
Services Director, or their respective designees. The changes to the existing facility are
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
Resolution No. 1920 – CUP 14-13
157 E. Foothill Boulevard
November 12, 2014 – Page 4 of 5
ENVIRONMENTAL ASSESSMENT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as a use 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(a) of the CEQA Guidelines. Refer to Attachment No. 4 for the
Preliminary Exemption Assessment.
PUBLIC NOTICE
Public hearing notices for this item were mailed to the property owners and tenants of
those properties that are located within 300 feet of the subject property on October 30,
2014 – refer to Attachment No. 5 for the radius map.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
exempt it per CEQA Section 15301(a), by adopting the attached Resolution No. 1920,
which includes the following conditions of approval:
1. The use approved by CUP 14-13 is limited to a tutoring center, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14-13, 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.
2. Instruction shall be limited to kindergarten through junior high school aged students.
A maximum of two (2) teachers and 10 students shall be permitted, with classes to
take place Monday through Friday at 3:00 p.m. to 7:00 p.m., and 10:00 a.m. to 2:00
p.m. on Saturdays.
3. 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 by the
property owner/applicant to the satisfaction of the Building Official, City Engineer,
Community Development Administrator, Fire Marshal, and Public Works Services
Director, or their respective designees. The changes to the existing facility are
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
4. Noncompliance with the plans, provisions and conditions of approval for CUP 14-13
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring center.
5. 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
Resolution No. 1920 – CUP 14-13
157 E. Foothill Boulevard
November 12, 2014 – Page 5 of 5
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.
6. Approval of CUP 14-13 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
applicant have executed and filed with the Community Development Administrator
or designee 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 No. CUP 14-13, stating that the proposal
satisfies the requisite findings, and adopt the attached Resolution No. 1920 that
incorporates the requisite environmental and Conditional Use Permit findings and the
conditions of approval as presented in this staff report, or as modified by the
Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional Use Permit Application No. CUP 14-13, state the finding(s) that the
proposal does not satisfy with reasons based on the record, and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Commission’s decision
and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the November 12, 2014 hearing, please contact Assistant
Planner, Jordan Chamberlin at (626) 821-4334, or JChamberlin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1920
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 3: Site Plan and Floor Plan
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 5: 300-foot Radius Map
Attachment No. 1
Attachment No. 1
Resolution No. 1920
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of Surrounding Properties
Photo of subject unit at 157 E. Foothill Boulevard
Photo of the subject property, 119 to 165 E. Foothill Boulevard, looking northwest
Photo of subject property, 121 E. Foothill Boulevard, looking northeast
Photo of neighboring property to the east, 169 E. Foothill Boulevard
Photo of neighboring property to the southeast, 166 E. Foothill Boulevard
Photo of neighboring property to the south, 150 E. Foothill Boulevard
Photo of neighboring property to the southwest, 130 E. Foothill Boulevard
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CONDITIONAL USE PERMIT FOR:KUMON LEARNING CENTER157 E.FOOTHILL BLVD.ARCADIA, CA. 91006
FORM “A” – Preliminary Exemption Assessment
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: A Conditional Use Permit to operate a 1,600 square-foot tutoring
center in an existing 54,240 square foot commercial center
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):
157 E. Foothill Boulevard (between Highland Oaks Drive and N.
2nd Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Mr. Joe Ho
(2) Address 292 E. Foothill Boulevard, #C
Arcadia, CA 91006
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: 15301 (Class 1, Use Of An Existing Facility)
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt
on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: October 20, 2014 Staff: Jordan Chamberlin, Assistant Planner