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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 ' .#0&5%#2'2.#06'4 6;2 ž žž ž ž žž ž ž ž ž žž žž ž ž žÁ žÁ žÁ žÁ ' (+4'*;&4#06 ' 564''6.#0&5%#2+0) 6;2 ' 564''6.+)*6 6;2 1((+%' 67614+0)%'06'4 9#+6+0)#4'# (+.'5 5*'.8'5  0 61+.'6  ' 61+.'6 SITE PLAN& FLOOR PLAN 0 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