HomeMy WebLinkAbout5 - Reso 1925 - CUP 14-04DATE: November 12, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: RESOLUTION NO. 1925 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-04 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE
AN 815 SQUARE-FOOT ART STUDIO AT 511 S. FIRST AVENUE,
SUITE B
Recommendation: Adopt Resolution No. 1925
SUMMARY
The applicant, Ms. Yinying Wang, is requesting approval of a Conditional Use Permit to
operate an 815 square foot art studio for up to five (5) students in Suite B of an existing
3,536 square-foot commercial building at 511 S. First Avenue that was previously
occupied by Mailbox Etc., a shipping and mail box service business. It is recommended
that the Planning Commission approve CUP 14-04, subject to the conditions listed in
this staff report, and adopt Resolution No. 1925 (Attachment No. 1).
BACKGROUND
The subject commercial unit, Suite B at 511 S. First Avenue is an 815 square-foot unit
of a one-story, 3,536 square-foot commercial building with four units. The other tenants
are a 1,691 square-foot general office use in Suites A & C, and a 1,030 square-foot
tutoring center in Suite D that was approved under CUP 11-10 for a maximum of 18
students and three staff members – see Resolution No. 1852 (Attachment No. 2). The
site has a total of five (5) on-site parking spaces – refer to Attachment No. 3 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 an art studio for up to five (5) students. The proposed business hours are from
2:00 p.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. on Saturday
and Sunday. The interior of the subject commercial unit is proposed to be remodeled to
have two classroom areas, a reception desk, and a restroom (refer to Attachment No. 4
Resolution No. 1925 – CUP 14-04
511 S. First Avenue
November 12, 2014 – Page 2 of 6
for the Site Plan, Floor Plans, and Business Plan). Except for signage, no external
changes to the building are anticipated. The maximum occupancy of the classrooms
(designated instruction areas) is 41 people, but the proposal is for only two (2)
instructors and five (5) students ages four to 18. A Conditional Use Permit (CUP) is
required for an art studio in the Mixed Use (MU) zone per Arcadia Municipal Code
Section 9268.10.
ANALYSIS
The proposed art studio will occupy an 815 square-foot unit that is currently vacant, but
was previously occupied by Mailbox Etc., a retail service business. The subject site has
five (5) on-site parking spaces, where 19 spaces are required per Code. The 14
parking space deficiency was allowed under CUP 11-10 (Resolution No. 1852) for the
tutoring center in Suite D.
The previous retail use required five (5) spaces per 1,000 square feet of gross floor area
for a parking requirement of four (4) spaces. The parking requirement for an art studio
is one (1) parking space for each employee, and one (1) parking space for every three
(3) students of driving age. Based on this, the parking requirement for an art studio with
two (2) instructors and five (5) driving-age students would require four (4) parking
spaces. Therefore, the proposed art studio would not increase the previously existing
parking deficiency.
Because the prior retail use closed over a year ago, the non-conforming status of its
parking situation has expired, and only the least-intensive use (i.e., general office, which
has a parking requirement of 4 spaces per 1,000 square feet of gross floor area) is
allowed by-right. Therefore, a parking modification is included with this application for a
parking deficiency of 14 spaces (5 spaces in lieu of 19 required). Staff has visited the
site several times during the anticipated pick-up and drop-off times and observed no
traffic problems at the subject site, and the City Engineer also has no concerns with this
proposal. The proposed art studio is compatible with the surrounding uses, and will
comply 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 to be operated as a small art studio with two instructors and
five (5) students of ages four to 18. This use will not be detrimental to the public
health or welfare, or the surrounding properties. An art studio is consistent with the
Resolution No. 1925 – CUP 14-04
511 S. First Avenue
November 12, 2014 – Page 3 of 6
Mixed Use (MU) Zoning and General Plan Land Use Designation of the site, and
will not conflict with the other uses on 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.
The zoning of the site is MU, Mixed Use, and Arcadia Municipal Code Section
9268.10 allows art studios in the MU 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 an existing commercial building. The proposed art
studio will occupy an 815 square-foot commercial unit that was previously occupied
by a retail service use. Except for signage, no exterior changes are proposed for
the use. There is an existing parking deficiency by Code requirements on the site
of fourteen (14) spaces, but the proposed use would not increase the parking
deficiency per Code from the previous retail service use. The property features,
lighting, landscaping, and other improvements adequate for this commercial
development. The proposed art studio 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 South First Avenue with access to the parking area from
an alley and a driveway accessed from El Dorado Street. These streets are
adequate in width and pavement type to carry the traffic that will be generated by
the proposed art studio, 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 art studio is consistent with
the Mixed Use 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
Resolution No. 1925 – CUP 14-04
511 S. First Avenue
November 12, 2014 – Page 4 of 6
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
ENVIRONMENTAL ASSESSMENT
This project 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 as a conversion of an existing small structure from one use to another where
only minor modifications are to be made to the exterior of the structure. Refer to
Attachment No. 5 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. 6 for the radius map.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
exempt it per CEQA Section 15303, by adopting the attached Resolution No. 1925,
which includes the following conditions of approval:
1. The use approved by CUP 14-04 is limited to an art studio which shall be operated
and maintained in a manner that is consistent with the proposal and plans submitted
and approved for CUP 14-04, 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.
2. Instruction shall be limited to students aged four to eighteen. A maximum of two
teachers and five students shall be permitted. The hours of operation shall be limited
to 2:00 p.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. on
Saturday, Sunday, and any Holidays.
3. This approval of CUP 14-04 includes a parking modification for five (5) on-site
spaces in lieu of 19 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 art studio approved by this Conditional Use Permit.
4. 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
Resolution No. 1925 – CUP 14-04
511 S. First Avenue
November 12, 2014 – Page 5 of 6
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 14-04
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art studio.
6. 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.
7. Approval of CUP 14-04 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 14-04, stating that the proposal
satisfies the requisite findings, and adopt the attached Resolution No. 1925 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 14-04, 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.
Resolution No. 1925 – CUP 14-04
511 S. First Avenue
November 12, 2014 – Page 6 of 6
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 Associate
Planner, Thomas Li at (626) 574-5447, or tli@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1925
Attachment No. 2: Resolution No. 1852 for CUP 11-10
Attachment No. 3: Aerial Photo with Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 4: Site Plan, Floor Plan, and Business Plan
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 6: 300-foot Radius Map
Attachment No. 1
Attachment No. 1
Resolution No. 1925
Attachment No. 2
Attachment No. 2
Resolution No. 1852
RESOLUTIONNO. 1852
ARESOLUTIONOFTHEPLANNINGCOMMISSIONOFTHECITYOF
ARCADIA, CALIFORNIA, APPROVINGCONDITIONALUSEPERMITNO.
CUP 11 -10WITH APARKING MODIFICATIONTOALLOWA
TUTORING CENTER WITHA MAXIMUMOF EIGHTEEN (18)
STUDENTSANDTHREE (3) STAFFMEMBERSAT511 S. FIRST
AVENUE, SUITED.
WHEREAS, onMay26, 2011, anapplicationwasfiledbyChristopherShenand
YihsuanHo, ownersofRiseUpAcademyforatutoringcenterwithamaximumof
eighteen (18) students (grades6 -12) andthree (3) staffmembersinanexisting1,030
square -footcommercialunitat511S. FirstAvenue, SuiteD; and
WHEREAS, apublichearingwasheldbythePlanningCommissiononApril24,
2012, atwhichtimeallinterestedpersonsweregivenfullopportunitytobeheardand
topresentevidence.
NOW, THEREFORE, THEPLANNINGCOMMISSION OFTHECITYOF
ARCADIARESOLVESASFOLLOWS:
SECTION1.
ThatthefactualdatasubmittedbytheDevelopmentServices
DepartmentinthestaffreportdatedApril24, 2012aretrueandcorrect.
SECTION2. ThisCommissionfinds:
1.
ThatthegrantingofsuchConditionalUsePermitwillnotbedetrimentalto
thepublichealthorwelfareorinjurioustothepropertyorimprovementsinsuchzoneor
vicinity. TheproposeduseisconsistentwiththeexistingzoningandGeneralPlan
LandUseDesignationofthesubjectpropertyandwillnotconflictwiththeexistinguses
atthesubjectsite, orwiththeneighborhood.
2. Thattheuseappliedforatthelocationindicatedisproperlyoneforwhicha
ConditionalUsePermitisauthorized. AtutoringcenterisallowedintheMUzoneswith
anapprovedConditionalUsePermitperSection9275.1.56oftheArcadiaMunicipal
Code.
3. Thatthesitefortheproposeduseisadequateinsizeandshapeto
accommodatesaiduse, andallyards, spaces, walls,
fences, parking, loading,
landscaping, andotherfeaturesrequiredtoadjustsaidusewiththelandandusesin
theneighborhood. Basedontheproposalandtheparkingavailability, thissiteis
adequatefortheproposedprojectandadjustmentsarenotnecessary.
4. Thatthesiteabutsstreetsandhighwaysadequateinwidthandpavement
typetocarrythekindoftrafficgeneratedbytheproposeduse. Theproposedtutoring
centerwillnotsignificantlyincreasetrafficandthesurroundingstreetsarealladequate
forthetypeoftrafficexpectedtobegeneratedbytheproposeduse..
5. ThatthegrantingofsuchConditionalUsePermitwillnotadverselyaffect
thecomprehensiveGeneralPlan. Atutoringcenterisacommercialusethatis
consistentwiththeLandUseDesignationofthesite.
SECTION3. That forthe foregoing reasons
thisCommission grants
ConditionalUsePermitNo. CUP11 -10withaparkingmodification, subjecttothe
followingconditions:
1. Thereshallbenomorethan18studentsandthree (3) staffmembersatany
onetime, andthetutoringcentershallbeoperatedandmaintainedinamannerthatis
consistentwiththeproposalandplanssubmittedandapprovedforCUP11 -10, subject
tosatisfactionoftheDevelopmentServicesDirectorordesignee.
2- 1852
2.
Tutoringsessionsshallbeheldinaccordancewiththefollowingschedule,
whichshallcoincidewiththescheduleoftheArcadiaUnifiedSchoolDistrict.
RegularSchedule
MondaythroughThursday 3:00p.m. to9:00p.m.
Fridays (OnlyMiddleSchoolStudents) 3:00p.m. to6:00p.m.
Saturdays (SATPreparation)
8:00a.m. to1:00p.m.
SummerSchedule
MondaythroughThursday 10:00a.m. to6:00p.m.
3.
ThisapprovalofCUP11 -10, includesaparkingmodificationforfive (5) on-
sitespacesinlieuof19spacesrequired, andtoallowtherequiredparkingspacesto
bedesignatedtoeachofthebusinesses. Thisisnotanapprovalofgeneralreduction
oftheparkingrequirementsforthesubjectcommercialspace, orthesubjectsite, but
onlyforthetutoringcenterapprovedbythisConditionalUsePermit.
4.
Thetutoringcentermustmaintaintwo (2) exitstothesatisfactionofthe
ArcadiaFireMarshal, whichincludesthatthesedoorsremainunlockedduringbusiness
hours.
5. Allnewfiresprinklerheadsshallbequickresponsetype, andthefire
sprinklersystemandfirealarmsystemshallbemaintainedtothesatisfactionofthe
ArcadiaFireMarshal.
6. Interiorlockingdevicesthatcanonlybeopenedwithakeyarenot
permitted.
7. Illuminatedexitsignageandemergencylightingshallbeprovidedtothe
satisfactionoftheArcadiaFireMarshal.
3- 1852
Noncompliancewiththeplans, provisionsandconditionsofapprovalfor
CUP11 -10shallbegroundsforimmediatesuspensionorrevocationofanyapprovals,
whichcouldresultintheclosingofthetutoringcenter.
9.
AllCityrequirementsregardingdisabledaccessandfacilities, occupancy
limits, buildingsafety, andemergencyequipmentarerequiredtobecompliedwithto
thesatisfactionoftheBuildingOfficial, CommunityDevelopmentAdministrator, and
FireMarshal.
10. Theapplicantshalldefend, indemnify, andholdharmlesstheCityof
Arcadiaanditsofficers, employees, andagentsfromandagainstanyclaim, action, or
proceedingagainsttheCityofArcadia, itsofficers, employeesoragentstoattack, set
aside, void,
orannulanyapprovalorconditionofapprovaloftheCityofArcadia
concerningthisprojectand/orlandusedecision, includingbutnotlimitedtoany
approvalorconditionofapprovaloftheCityCouncil, PlanningCommission, orCity
Staff, whichactionisbroughtwithinthetimeperiodprovidedforinGovernmentCode
Section66499.37orotherprovisionoflawapplicabletothisprojectordecision. The
Cityshallpromptlynotifytheapplicantofanyclaim, action, orproceedingconcerning
theprojectand /orlandusedecisionandtheCityshallcooperatefullyinthedefenseof
thematter.
TheCityreservestheright, atitsownoption, tochooseitsownattorneyto
representtheCity, itsofficers, employees, andagentsinthedefenseofthematter.
11.
ApprovalofCUP11 -10shallnottakeeffectuntilthepropertyowner(s),
applicant, andbusinessowner(s) /operator(s) haveexecutedandfiledtheAcceptance
FormavailablefromtheDevelopmentServicesDepartmenttoacknowledgeawareness
andacceptanceoftheseconditionsofapproval.
4- 1852
SECTION4. TheSecretaryshallcertifytotheadoptionofthisResolution.
Passed, approvedandadoptedthis8dayofMay, 2012
ATTEST:
etary, PlanningCommission
APPROVEDASTOFORM:
7
StephenP. Deitsch
CityAttorney
Chairman, Planning ommission
STATEOFCALIFORNIA )
COUNTYOFLOSANGELES ) SS:
CITYOFARCADIA )
I, JimKasama, SecretaryofthePlanningCommissionoftheCityofArcadia, hereby
certifythattheforegoingResolutionNo. 1852waspassedandadoptedbythePlanning
CommissionoftheCityofArcadia, signedbytheChairpersonandattestedtobythe
SecretaryataregularmeetingofsaidPlanningCommissionheldonthe8thdayofMay,
2012andthatsaidResolutionwasadoptedbythefollowingvote, towit:
AYES: CommissionersBaderian, Beranek, ParrilleandChiao
NOES: None
ABSENT: CommissionerBaerg
Secre ofthePlanningCommission
Attachment No. 3
Attachment No. 3
Aerial Photo with Zoning Information and
Photos of Surrounding Properties
Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
MU
Number of Units:
MU
Zoning:
Property Characteristics
1959
3,536
7,793
0
YIP,ALVIN AND DENG,YULAN
Site Address:
511 S 1ST AVE
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated06-Nov-2014
Page 1 of 1
View of the subject property at 511 S. First Avenue
View of the neighboring office building to the north at 501 S. First Avenue
View of the neighboring driveway to the north from El Dorado Street and the residential
condominium development to the west at 56 El Dorado Street
View of the neighboring dental office and tailor shop to the south at 515 S. First Avenue
View of the neighboring funeral service business across the street at 506 S. First Avenue
Attachment No. 4
Attachment No. 4
Site Plan, Floor Plans, and Business Plan
Attachment No. 5
Attachment No. 6