HomeMy WebLinkAboutItem 1 - CUP 14-20 168 Las Tunas Dr. #106DATE: April 28, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Associate Planner
SUBJECT: RESOLUTION NO. 1936 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-20 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,025
SQUARE-FOOT ART INSTRUCTION STUDIO AT 168 LAS TUNAS
DRIVE, UNIT #106
Recommendation: Adopt Resolution No. 1936
SUMMARY
The applicant is requesting approval of Conditional Use Permit Application No. CUP 14-
20 for a 1,025 square-foot art instruction studio at an existing 9,148 square-foot
commercial building at 168 Las Tunas Drive – see the attached aerial photo, photos of
the site, and proposed plans (Attachment Nos. 2 & 3). It is recommended that the
Planning Commission approve CUP 14-20 and adopt the attached Resolution No. 1936
(Attachment No. 1) that incorporates a finding that this project qualifies as a Categorical
Exemption under the California Environmental Quality Act (CEQA), and the requisite
findings for approval of a Conditional Use Permit, and the conditions of approval as
listed in this staff report.
BACKGROUND
The subject property is a 31,174 square-foot lot zoned C-2 with a Residential Flex (RF)
Overlay. It is developed with a 9,148 square-foot, nine-unit commercial building that
was completed in 2013. The current tenants consist of two small cafés, a music store,
and a realty office. Four of the units, including the subject unit are vacant. As part of
the development of the subject property, CC&R’s were entered into with the adjoining
property to the west at 188 Las Tunas Drive (CVS Pharmacy). The CC&R’s grant a
reciprocal parking agreement, vehicular ingress-egress easement, and common area
maintenance agreement between the two properties (Attachment No. 4). Combined,
the two properties have 144 parking spaces for a parking requirement of 121 spaces; a
parking surplus of 23 spaces. The CC&R’s contain a provision that prohibits certain
commercial uses for the subject building, including a prohibition on educational uses.
However, the property owner of 188 Las Tunas Drive has agreed in principle to amend
the CC&R’s to allow an art instruction studio.
CUP 14-20
168 Las Tunas Drive, Unit #106
April 28, 2015
Page 2 of 6
PROPOSAL
The applicant is proposing to open a 1,025 square-foot art instruction studio.
Attachment No. 3 shows the site plan for the property and the proposed floor plan. The
maximum occupancy of the three classrooms is 24 people. Based on this occupancy
limit, and the applicant’s proposal to have a maximum of four staff members at any time,
the parking requirement for this art studio is 11 spaces, based on the requirements of
one parking space for each staff member, and one parking space for every three
students. This is an increase in the required parking for this unit of six spaces compared
to five spaces for a generic 1,025 square-foot retail use. However, with the reciprocal
parking agreement between the subject property and the adjacent property at 188 Las
Tunas Drive (CVS Pharmacy), the increase is covered by the current 23 space parking
surplus. Therefore, the six-space increase in required parking for the subject unit can be
accommodated by the existing parking and there will still be a 17-space parking surplus.
ANALYSIS
The proposed art instruction studio is a complementary use with the other uses at this
retail center and the adjoining property at 188 Las Tunas Drive. Because there is an
existing 23-space parking surplus, the existing parking can accommodate the six-space
increase in the parking required for the proposed art studio. Additionally, while the
instruction areas within the art studio are large enough to conceivably accommodate up
to 20 students and four staff at any-one-time, it is anticipated that the number of
students and instructors will typically be less than that maximum. Art studios generally
have fewer students than tutoring centers due to the nature of the type of instruction.
Based on the specifics of the proposal and continued parking surplus, the site is
adequate for the proposed use.
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: As a commercial use, the proposed art instruction
studio is consistent with the zoning and land use designation of the site. The art
instruction studio will not adversely impact public health or welfare, and will not be
injurious to the property or improvements of the site or those within the vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
CUP 14-20
168 Las Tunas Drive, Unit #106
April 28, 2015
Page 3 of 6
Facts to Support the Finding: In the C-2 Zone, an art instruction studio is allowed
with an approved Conditional Use Permit per Section 9275.1.37.1.1 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 applicant will remodel an existing 1,025 square-
foot, commercial unit. There will be no exterior alterations, except signage. The
site, as it exists will accommodate the proposed use. Based on a maximum
occupancy limit of 24 people within the designated instruction areas, the proposed
art instruction studio will accommodate up to 20 students and 4 staff at any-one-
time. The art studio will require six additional parking spaces compared to a
generic retail use, but the site has a current parking surplus of 23 spaces.
Therefore, the parking is adequate to accommodate the proposed use and the
other existing uses.
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.
Facts to Support the Finding: The site is located between Las Tunas Drive and
Live Oak Avenue, and can also be accessed from El Monte Avenue. All three
multi-lane streets are adequate in size and paving to carry 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.
Facts to Support the Finding: An art studio is a commercial use consistent with the
Commercial General Plan Land Use Designation of the site. The activities that will
take place at the art studio are consistent with the allowable uses described in the
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 to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director, or their
respective designees. Any changes to the existing facility may be subject to building
permits after having fully detailed plans submitted for plan check review and approval by
the aforementioned City officials and employees, or designees.
CUP 14-20
168 Las Tunas Drive, Unit #106
April 28, 2015
Page 4 of 6
ENVIRONMENTAL ANALYSIS
If it is determined that no significant physical alterations to the site are necessary, then
this project 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 for the use of an existing facility. See Attachment No. 5 for the Preliminary
Exemption Assessment.
PUBLIC NOTICE
Public hearing notices for CUP 14-20 were mailed on April 16, 2015 to the property
owners, tenants, and occupants of those properties that are within 300 feet of the subject
property – see Attachment No. 6 for the 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 April
22, 2015, 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 14-20, subject to the following conditions:
1. The Applicant/Property Owner shall record an amendment to the existing CC&R’s
for the subject property and adjoining property at 188 Las Tunas Drive to list an art
studio as a permitted use on the subject property. The amendment shall be
recorded prior to the issuance of a Certificate of Occupancy for the art studio.
2. A window shall be added to each classroom to provide direct visibility from the
hallway into each of the classrooms. These windows shall remain unobstructed at
all times, and shall not be covered by blinds, shades, tinting, or other coverings.
3. Tenant improvements to the interior of the commercial unit shall be consistent with
the approved floor plan.
4. The art studio shall not operate between the hours of 9:00 p.m. and 8:00 a.m.
5. The Applicant/Property Owner shall remodel the interior of the unit as needed to
meet all Fire Prevention requirements for educational uses prior to the issuance of
a Certificate of Occupancy or a City Business License for the art studio.
6. The use approved by CUP 14-20 is limited to an art studio and shall be operated
and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14-20, 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 14-20
168 Las Tunas Drive, Unit #106
April 28, 2015
Page 5 of 6
7. 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. Any changes to the existing facility may be
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials and employees, or
designees.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 14-20
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art studio.
9. 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.
10. Approval of CUP 14-20 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
approve a motion to approve Conditional Use Permit No. CUP 14-20 stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 1936
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.
CUP 14-20
168 Las Tunas Drive, Unit #106
April 28, 2015
Page 6 of 6
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny Conditional Use Permit Application No. CUP 14-20, stating
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 April 28, 2015 hearing, please contact Associate
Planner, Tim Schwehr at (626) 574-5422, or TSchwehr@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1936
Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property
and Surrounding Properties
Attachment No. 3: Site Plan and Floor Plan
Attachment No. 4: Existing CC&R’s for subject site
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 6: 300-foot Radius Map
Attachment No. 1
Attachment No.1
Resolution No. 1936
RESOLUTION NO. 1936
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-20 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,025
SQUARE-FOOT ART INSTRUCTION STUDIO AT 168 LAS TUNAS
DRIVE #106
WHEREAS, on December 5, 2014, an application was filed by Ming Pan for a
Conditional Use Permit to allow a 1,025 square-foot art instruction studio at 168 Las
Tunas Drive #106, Development Services Department Case No. CUP 14-20 (this
application is hereafter referred to as the “Project”); and
WHEREAS, on March 17, 2015, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
(CEQA), and recommended that the Planning Commission determine the Project is
exempt under CEQA per Section 15301 of the CEQA Guidelines because the Project is
considered to be reuse of an existing commercial facility; and
WHEREAS, on April 28, 2015, a duly noticed public hearing was held before the
Planning Commission on said Project, 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 HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Community Development
Division in the staff report dated April 28, 2015 are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
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.
2
FACT: As a commercial use, the proposed art instruction studio is consistent with
the zoning and land use designation of the site. The art instruction studio will not
adversely impact public health or welfare, and will not be injurious to the property or
improvements of the site or those within the vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: In the C-2 Zone, an art instruction studio is allowed with an approved
Conditional Use Permit per Section 9275.1.37.1.1 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.
FACT: The applicant will remodel an existing 1,025 square-foot, commercial unit.
There will be no exterior alterations, except signage. The site, as it exists will
accommodate the proposed use. Based on a maximum occupancy limit of 24 people
within the designated instruction areas, the proposed art instruction studio will
accommodate up to 20 students and 4 staff at any-one-time. The art studio will require
six additional parking spaces compared to a generic retail use, but the site has a current
parking surplus of 23 spaces. Therefore, the parking is adequate to accommodate the
proposed use and the other existing uses.
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.
3
FACT: The site is located between Las Tunas Drive and Live Oak Avenue, and
can also be accessed from El Monte Avenue. All three multi-lane streets are adequate
in size and paving to carry 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.
FACT: An art studio is a commercial use consistent with the Commercial
General Plan Land Use Designation of the site. The activities that will take place at the
art studio are consistent with the allowable uses described in the General Plan.
SECTION 3. For the foregoing reasons the Planning Commission determines
that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, and
approves Conditional Use Permit No. CUP 14-20 to allow a 1,025 square-foot art
instruction studio at 168 Las Tunas Drive #106, subject to the conditions of approval
attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 28th day of April, 2015.
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
4
RESOLUTION NO. 1936
Conditions of Approval
1. The Applicant/Property Owner shall record an amendment to the existing CC&R’s
for the subject property and adjoining property at 188 Las Tunas Drive to list an art
studio as a permitted use on the subject property. The amendment shall be
recorded prior to the issuance of a Certificate of Occupancy for the art studio.
2. A window shall be added to each classroom to provide direct visibility from the
hallway into each of the classrooms. These windows shall remain unobstructed at
all times, and shall not be covered by blinds, shades, tinting, or other coverings.
3. Tenant improvements to the interior of the commercial unit shall be consistent with
the approved floor plan.
4. The art studio shall not operate between the hours of 9:00 p.m. and 8:00 a.m.
5. The Applicant/Property Owner shall remodel the interior of the unit as needed to
meet all Fire Prevention requirements for educational uses prior to the issuance of
a Certificate of Occupancy or a City Business License for the art studio.
6. The use approved by CUP 14-20 is limited to an art studio and shall be operated
and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14-20, 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.
7. 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. Any changes to the existing facility may be
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials and employees, or
designees.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 14-20
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the art studio.
9. 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
5
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.
10. Approval of CUP 14-20 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.
- - -
Attachment No. 2
Attachment No.2
Aerial Photo with Zoning Information &
Photos of Subject Property and
Surrounding Properties
Subject Property, Las Tunas Dr. frontage
Subject Property,Live Oak Avefrontage
Subject Property
Adjoining property to the east, CVS Pharmacy
Residences north of subject property
Senior Housing west of subjectproperty
Commercial building south of subject property
Attachment No. 3
Attachment No.3 Site Plan and Floor Plan
Attachment No. 4
Attachment No.4
Existing CC&R’s for subject site
Attachment No. 5
Attachment No.5
Preliminary Exemption Assessment
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
Preliminary Exemption Assessment\2011 FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit Application No. CUP 14-20 to allow a 1,025
square-foot art instruction studio.
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):
168 Las Tunas Drive, Unit 106, Arcadia, CA 91007
(cross streets: El Monte Avenue & Live Oak Avenue)
3. Entity or person undertaking project:
A.
B. Other (Private)
(1) Name Ming Pan
(2) Address 2442 E. Pearl Ct., Covina, CA 91792
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: 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: March 17, 2015 Staff: Tim Schwehr, Associate Planner
Attachment No. 6
Attachment No.6
300-foot Radius Map