HomeMy WebLinkAboutItem 1 - CUP 15-06DATE: November 10, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jeff Hamilton, Contract Planner
SUBJECT: RESOLUTION NO. 1951 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 15-06 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A
PRESCHOOL AND DAY CARE CENTER FOR UP TO 120 CHILDREN
AT 325 E. LIVE OAK AVE.
Recommendation: Adopt Resolution No. 1951
SUMMARY
The applicant is requesting approval of Conditional Use Permit Application No. CUP 15-
06 for a preschool and day care center at an existing 6,029 square-foot building at 325
East Live Oak Avenue (dba: Academicise Group, Inc.). The proposed preschool will
accommodate up to 120 children and 11 staff. A portion of the existing parking area will
be converted into a playground on the north side of the building. The project has been
found to be exempt from review under the California Environmental Quality Act (CEQA)
as a Class 3 Exemption. It is recommended that the Planning Commission approve
Conditional Use Permit No. CUP 15-06, subject to the conditions listed in this staff
report, and adopt the attached Resolution No. 1951 (Attachment 1).
BACKGROUND
The applicant has operated a preschool in Temple City for 30 years and is relocating it
to this site. The preschool will be open from 7:30 a.m. to 6:30 p.m., Monday through
Friday for children aged 2-6.
A preschool is a conditionally-permitted land use in the General Commercial (C-2) zone
per Arcadia Municipal Code Section 9275.1.35. The site was most recently used for
retail sales but the building is currently vacant. The 6,029 square-foot building was
constructed in 1964 as a restaurant.
PROPOSAL
The preschool will accommodate up to 120 students, with 11 employees. An outdoor
play area of approximately 6,000 square feet will be provided on the north side of the
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building. This area was used for parking and storage. The playground is sized to satisfy
State requirements.
There are currently 52 parking spaces on
the property, including one handicapped-
accessible space (refer to Attachment No.
3 for the Aerial Photo with Zoning
Information and Photos of the Subject
Property). The creation of the new
playground north of the building will result
in the loss of 15 parking spaces, and
restriping of the parking spaces to the
west of the building for a new
handicapped-accessible parking
configuration will result in the loss of three
standard spaces and the gain of one
handicapped-accessible space. The
reconfigurations will result in a total of 37
parking spaces. The five parking spaces
just west of the entrance are designated to
be short-term as the drop-off and pick-up location. A new trash enclosure will be
constructed at the northwest corner of the building adjacent to the westerly parking
area.
A public alley crosses the site, running from Fourth Avenue west, past the westerly
property line all the way to Third Avenue. The alley has a 20-foot right-of-way which is
maintained across the property up to the westerly property line. At that point, off-site
vegetation and improvements encroach into the right-of-way, reducing it to
approximately 14 feet wide. The parking area north of the alley is on a separate parcel,
but the applicant has provided a copy of his lease agreement showing that he has the
exclusive right to use the northerly parking area. Municipal Code Section 9269.9 allows
required parking to be provided off-site from the proposed use, but a covenant “shall be
recorded…against the property” to ensure ongoing maintenance of the spaces for the
use. A condition of approval is proposed to require that a parking covenant be recorded
prior to the final approval of any building permits needed for work on the building in
support of the preschool. Access to the site is via both the alley and a driveway from
Live Oak Avenue.
The hours of operation will be from 7:30 a.m. to
6:30 p.m., Monday through Friday. No classes or
daycare services are to occur on weekends and
holidays. The interior of the building will be
remodeled to create four classrooms, two offices, a
kitchen, a reception area and several restrooms
(refer to Attachment 4 for the Site Plan and Floor
Plan). Except for a wall sign proposed to be on the
west side of the building, and a face change to the
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existing free-standing sign at the southeast corner of the site (near the intersection of
Live Oak Avenue and Fourth Avenue), no exterior alterations to the building or
structures are proposed, including to doors or
windows. Based on a site visit, the windows are
standard in size, configuration, and operation.
They do not have exterior covers that would
prevent someone from looking into the building. It
is unclear from the plans whether the classrooms
will have interior windows allowing staff to see
into the rooms. Such windows will be required as
a condition of approval.
ANALYSIS
The proposed preschool will occupy the 6,029 square-foot building most recently used
for retail sales. The Arcadia Municipal Code requires one parking space for each
employee of a preschool and one parking space for every five students. With 11
employees and 120 students proposed for the site, a total of 35 parking spaces are
required; and 37 will be provided including two handicapped-accessible spaces. By
comparison, if a new 6,000 square-foot restaurant was proposed to be operated at this
site, it would be required to provide 60 parking spaces. A 6,000 square-foot retail use
would require 30 parking spaces. The proposed preschool is therefore within the range
of land-use intensity allowed for the site. The fact that it will be closed on the weekends
and holidays, and after 6:30 p.m. also reduces potential operational and neighborhood
impacts. The preschool will also be subject to various standards governed by the State
of California.
The alley and driveway are at least 20 feet wide along the paths to be used by parents
and staff, allowing 2-way traffic and adequate vehicular ingress and egress from either
Live Oak Avenue or Fourth Avenue. Cars arriving to drop-off and pick-up students are
anticipated to enter via Fourth Avenue and exit via Live Oak Avenue. The applicant
submitted a traffic study (refer to Attachment 5) for the project. Both the traffic study and
the subject plans were reviewed by Engineering Services and it was determined that
there should not be any traffic issues as a result of this proposal.
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 of welfare or injurious to the property or improvements in
such zone of vicinity.
The proposed use will not be detrimental to the public health or welfare, or the
surrounding properties because the size of the proposed preschool, and the
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amount of traffic generated are consistent with other uses permitted by-right on the
property. A traffic study was prepared for the project and it is not expected to result
in any significant traffic impacts at any of the three intersections that were studied
and no traffic mitigations are required or recommended. The operation of a
preschool is also consistent with being adjacent to the Second One Family (R-1)
Zoning north of the site. Based on this information, the proposed project will not be
detrimental to the public health or welfare or injurious to the other properties in the
area. The proposed preschool will not conflict with the operation of the restaurant to
the west or to the residences north of the site.
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-2, General Commercial, and Arcadia Municipal Code
Section 9275.1.35 allows preschools in the C-2 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 occupied by a vacant building most recently used for retail sales.
The subject preschool, with the proposed expansion, will occupy the 6,029 square-
foot building. No exterior changes are proposed for the use except for signage and
the conversion of the parking and storage area to a play area. The hours of the
preschool do not conflict with the adjacent land uses. The 37 proposed parking
spaces will be adequate to accommodate this use. The property features, lighting,
landscaping, and other improvements are adequate for this use.
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 project site is located at the intersection of Live Oak and Fourth Avenues. The
streets are adequate in width and pavement type to carry the traffic that will be
generated by the proposed preschool. No significant impacts are anticipated, nor
are mitigation measure proposed for the neighboring streets, as documented in the
traffic study prepared for the project and reviewed by the City.
5.That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Approval of the preschool at the site 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
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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.
ENVIRONMENTAL IMPACT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as a conversion of an existing structure of up to 10,000 square feet in an
urbanized area from one use to another, qualifies as a Class 3 Categorical Exemption
per the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15303(c) of the CEQA Guidelines. Refer to Attachment No. 2 for the Preliminary
Exemption Assessment.
PUBLIC COMMENTS/NOTICE
Public hearing notices for this item were
mailed on October 28, 2015, to the
property owners and tenants of those
properties that are located within 300 feet
of the subject property. The public hearing
notice was published in the Arcadia
Weekly on October 29, 2015. As of
November 4, 2015, no comments have
been received in response to the public
hearing notices.
RECOMMENDATION
It is recommended that the Planning
Commission approve Conditional Use
Permit No. CUP 15-06 for a preschool, and
find that the project is exempt per Section 15303(c) of the CEQA Guidelines, by
adopting Resolution 1951 that includes the following conditions of approval:
1.The subject preschool shall comply with all requirements as set forth by the
California State Department of Social Services. Proof of a State license is required
for the issuance and renewals of City licenses.
2.The use approved by CUP 15-06 is limited to a preschool, which shall be operated
and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 15-06, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be
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adjusted after due notice to address any adverse impacts to the adjacent streets,
rights-of-way, and/or the neighboring businesses and properties.
3.A maximum of eleven (11) staff and one-hundred twenty (120) children shall be
permitted, with classes limited to Monday through Friday between 7:30 a.m. and
6:30 p.m. No classes shall occur on weekends or holidays.
4.A covenant in the form approved by the City Attorney shall be recorded in the office
of the County Recorder against the lot north of the alley (Assessor’s Parcel Number
5790-028-024) on which a portion of the required parking spaces for the preschool
are provided to ensure that the owner of the lot will continue to maintain such
parking spaces as long as the use in the building or the land use requiring such
parking is maintained.
5.The classrooms shall be designed to include windows facing the adjacent corridors
to enable staff to monitor the activities within the classrooms.
6.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 may be
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
7.Noncompliance with the plans, provisions and conditions of approval for CUP 15-06
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the preschool.
8.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.
9.Approval of CUP 15-06 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
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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. 15-06, stating that the
proposal satisfies the requisite findings, and adopting the attached Resolution No. 1951
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
approve a motion to deny Conditional Use Permit No. 15-06, 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 November 10, 2015, hearing, please contact Contract
Planner, Jeff Hamilton at 626-574-5422, or by email at JHamilton@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1951
Attachment No. 2: Preliminary Exemption Assessment
Attachment No. 3: Aerial Photo and Zoning Information
Attachment No. 4: Architectural Plans
Attachment No. 5: Traffic Study
Attachment No. 1
Resolution No. 1951
Attachment No. 1
Attachment No. 2
Preliminary Exemption Assessment
Attachment No. 2
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1.Name or description of project:Academicise Pre-School, CUP No. 15-06, in an existing 6,029 s.f.
building
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):
325 E. Live Oak Ave., Arcadia, CA 91006
(cross street: Fourth Avenue)
3.Entity or person undertaking
project:
A. Nelson Leung
B. Other (Private)
(1) Name
(2) Address 10301 Lower Azusa Rd., Temple City, CA
91780
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: Class 3 (15303(c)) Conversion of an existing facility,
less than 10,000 s.f. and in an urbanized area, to a
new use
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: 10/28/15 Staff: Jeff Hamilton, Contract Planner
Preliminary Exemption Assessment FORM “A”
Attachment No. 3
Aerial Photo with Zoning Information &
Photos of the Subject Property
Attachment No. 3
View of the subject building from Live Oak Ave.
View of the subject building from the intersection with Fourth Ave.
View of the rear of the building and a portion of the parking lot to be converted to play area.
View looking west down the alley.
View looking towards northerly property line and residence to the north.
View of the main entrance on the west side of the building.
Attachment No. 4
Site Plan and Floor Plan
Attachment No. 4