HomeMy WebLinkAboutItem 4 - CUP 15-05
DATE: December 8, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: RESOLUTION NO. 1953 – DENYING CONDITIONAL USE PERMIT
APPLICATION NO. CUP 15-05 AND A CATEGORICAL EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR A NEW TUTORING CENTER FOR UP TO 15 STUDENTS AT 1012
S. BALDWIN AVENUE
Recommendation: Adopt Resolution No. 1953
SUMMARY
The applicant, Ms. Michelle Segovia, is requesting approval of a Conditional Use Permit
for a 1,100 square-foot tutoring center for up to 15 students and two staff members at
any time within an existing commercial building. The proposal is deficient by one
parking space and would increase the parking deficiency of the site from 9 spaces to 10
spaces, and add numerous vehicle trips to the site at peak traffic times. It is
recommended that the Planning Commission adopt the attached Resolution No. 1953 to
deny Conditional Use Permit Application No. CUP 15-05.
BACKGROUND
The subject property is a 21,195 square-foot lot zoned C-2, General Commercial. The
property is developed with a two-story, 6,900 square-foot commercial building that is
divided into five units (See Attachment No. 2 for an Aerial Photo with Zoning
Information, and Attachment No. 3 for the Site Plan and Floor Plan). The proposed
tutoring center will occupy a unit that was previously used for one-to-one academic
counseling. There are three occupied units, one by a music school/tutoring center for
30 high school age students that was approved by CUP 04-15 on March 8, 2005 (See
Resolution No. 1723 – Attachment 4), another by a 1,400 square-foot office use, and
the other by a bakery/restaurant use that was approved by CUP 12-09 on June 26,
2009 (See Resolution No. 1858 – Attachment 5) and is being remodeled, and is
expected to reopen in early 2016. The other vacant unit is a 600 square-foot space that
was a day spa. There are 39 parking spaces on the property, which includes two
handicapped parking spaces and six parking spaces designated for 20-minute parking.
Resolution No. 1953 – CUP 15-05
1012 S. Baldwin Ave.
December 8, 2015 – Page 2 of 6
PROPOSAL
The applicant is requesting a Conditional Use Permit for a tutoring center with two (2)
staff members and 15 students, ages four to 14. The subject unit is already separated
into a lobby and five rooms, which will be designated for homework assistance, a
library, a computer lab, a transitional kindergarten classroom, and a general instruction
classroom/office. A Conditional Use Permit (CUP) is required for tutoring centers in the
C-2, General Commercial zone per Arcadia Municipal Code Section 9275.1.56.
The class hours are proposed to be from 8:00 a.m. to 6:00 p.m., Monday through Friday
and tutoring will be provided on Saturday and Sunday on a one-on-one basis by
appointment only. The applicant currently operates a day care center (Kids N Care
School House) at her residence on Palm Circle in Arcadia. This business and the
proposed tutoring center would share the use of two vans for the transportation of
students to and from these locations. These vans are to be parked overnight at the day
care center. For students not using the van service, parents would utilize the six (6) 20-
minute parking spaces at the rear of the building to pick up and drop of their children.
No interior remodeling is proposed, and except for signage, no external changes to the
building are proposed.
ANALYSIS
The proposal is to operate a tutoring center with two staff members, and 15 students
below the age of 16 in a 1,100 square-foot commercial unit. The Zoning Code requires
one parking space for each staff member and one parking space for every five grade-
school-aged students. The parking requirement for this tutoring center is five (5) spaces.
The tutoring center would occupy a unit that was previously used for one-to-one
academic counseling, which had a parking requirement of four (4) spaces. Since the
subject property has an existing parking deficiency of nine (9) spaces based on the
Conditional Use Permit for the bakery/restaurant, approval of the proposed use would
increase the parking deficiency to 10 parking spaces. The following table lists the
parking requirements of the uses at this property:
Unit(s) Square
Footages
Uses Parking Spaces
Required
1010 + Unit C 2,300 Bakery/Restaurant 23
1010 + Unit 201 600 Vacant/Retail 3
1010 + Unit 202 1,400 Accounting Office 6
1012 + Unit A 1,100 Tutoring Center
(Grade School Age)
5
1012 + Unit B 1,200 Music School/Tutoring Center
(High School Age)
12
49 Total
The applicant has provided a parking survey (See Attachment 6) that was conducted
over a one-week period in June of this year. This survey shows that even when
demand was at its peak, there were at least 15 of the 39 parking spaces available.
Resolution No. 1953 – CUP 15-05
1012 S. Baldwin Ave.
December 8, 2015 – Page 3 of 6
However, the bakery/restaurant is being remodeled and was not open, and a 600
square-foot retail space was vacant. Those uses have a combined parking requirement
of 26 spaces. Based on this information, it does not appear that there will be sufficient
parking to accommodate the proposed tutoring center.
In addition to the deficiency in parking, it is anticipated that there will also be impacts to
traffic and circulation by the pick-up and drop-off traffic on the property, and at the
adjacent parking lot to the rear through which the subject property is accessed. The
configuration of the parking lot (see Attachment No. 2 for parking lot photos) does not
allow for through traffic. If parking is not available, a visitor will have to back out of the
property. The existing music school/tutoring center and bakery/restaurant also have
peak evening hours. With the existing conditions, additional congestion is not
acceptable.
The size of the unit should also receive consideration in determining if a tutoring center
is appropriate at this location. There is a trend among tutoring centers to have more
students than are permitted by their Conditional Use Permits. The occupancy limit for
this 1,100 square-foot unit is 33 people, which is significantly more than the 17 people
proposed. Also, there are five classrooms, but only two staff members proposed. It
seems that additional adult supervision should be provided, and that additional students
could be accommodated at the proposed tutoring center. Staff has no reason to suspect
that the applicant would not comply with the proposed limits of two teachers and 15
students, but it is difficult for Code Services to regularly inspect businesses to verify
compliance.
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.
If the tutoring center is operated with two staff members and 15 students as
proposed in the application, the availability of onsite parking will be negatively
impacted by increasing the parking deficiency from nine to 10 parking spaces, and
increasing the vehicular traffic to and from the site. These impacts would be
detrimental to the other businesses at the property, and to the businesses at
adjacent properties. When the bakery/restaurant reopens and the vacant unit is
filled, there will be a significant parking shortage on the property and a significant
increase in traffic at the property.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
Resolution No. 1953 – CUP 15-05
1012 S. Baldwin Ave.
December 8, 2015 – Page 4 of 6
The zoning of the site is C-2, General Commercial, and Arcadia Municipal Code
Section 9275.1.56 allows tutoring centers 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 subject property is already deficient in parking, and the proposed tutoring
center will increase that deficiency by one parking space. A bakery/restaurant is not
open due to remodeling, and one unit is vacant. It is not clear that the property can
accommodate the projected parking needs and added traffic of the proposed
tutoring center.
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 S. Baldwin Avenue and the parking area can be accessed
from Arcadia and Fairview Avenues. These streets are adequate in width and
pavement type to carry the traffic that will be generated by the proposed tutoring
center.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
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.
ENVIRONMENTAL ASSESSMENT
This project, which will use an existing facility, would qualify 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. However, any exemption must
be based on a finding that the project will not have any negative impacts. The parking
needs and projected traffic of the proposed project could negatively impact the other
businesses at the subject property and at adjacent properties. The project does not
qualify for an exemption under CEQA.
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 Wednesday,
November 25, 2015. As of December 4, 2015, no comments
have been received.
Resolution No. 1953 – CUP 15-05
1012 S. Baldwin Ave.
December 8, 2015 – Page 5 of 6
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached Resolution No.
1953 to deny the project and determine that it is not exempt under CEQA.
If the Planning Commission intends to approve the subject application and find that the
project is exempt from CEQA, then staff recommends the following conditions:
1. The use approved by CUP 15-05 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 15-05, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be
adjusted or revoked 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 pre-kindergarten through junior high school aged
students. A maximum of two (2) teachers and 15 students shall be permitted, with
classes to take place Monday through Friday at 8:00 a.m. to 6:00 p.m., and by
appointment only on Saturdays and Sundays.
3. The interior windows of the unit shall not be covered.
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
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 15-05
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring center.
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.
Resolution No. 1953 – CUP 15-05
1012 S. Baldwin Ave.
December 8, 2015 – Page 6 of 6
7. Approval of CUP 15-05 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 15-05, stating that the
proposal satisfies the requisite findings, including an Exemption under CEQA, and direct
staff to prepare a resolution for adoption at the next meeting that includes the
aforementioned conditions of approval, or as may be modified by the Commission, and
incorporates the Commission’s decision and findings.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny Conditional Use Permit Application No. CUP 15-05, state the
finding(s) that the proposal does not satisfy with reasons based on the record, and
adopt the attached Resolution No. 1953 that incorporates the requisite environmental
and Conditional Use Permit findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the December 8, 2015, hearing, please contact Assistant
Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1953
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: Resolution No. 1723 for the Music School/Tutoring Center
Attachment No. 5: Resolution No. 1858 for the Bakery/Restaurant
Attachment No. 6: Parking Survey
RESOLUTION NO. 1953
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO.
CUP 15-05 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW
TUTORING CENTER WITHIN AN EXISTING COMMERCIAL BUILDING
AT 1012 S. BALDWIN AVENUE
WHEREAS, on July 1, 2015, Ms. Michelle Segovia, the owner of the proposed
tutoring center, submitted an application for Conditional Use Permit No. CUP 15-05 to
permit a new tutoring center with two staff members and 15 students in an existing
commercial building at 1012 S. Baldwin Avenue (the “Project”); and
WHEREAS, on November 23, 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 that the Project is exempt under CEQA per Section 15301 of the CEQA
Guidelines because the Project is changing the use within an existing facility; and
WHEREAS, on December 8, 2015, a duly noticed public hearing was held before
the Planning Commission on the 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 attached report dated December 8, 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 be detrimental to the
public health or welfare or injurious to the property or improvements in such zone or
vicinity.
2 1953
FACT: If the business is occupied by two (2) teachers and 15 students as stated
in the application, then the availability of onsite parking will be negatively impacted
because the parking deficiency for the property would be increased from 9 to 10 parking
spaces, which would be detrimental to the other businesses on the property. There is
presently one unit with a business that is closed for remodeling another unit that is
vacant within the commercial building on the property. When the bakery/restaurant
reopens and the vacant unit is filled, there will be a significant parking shortage on the
property and a significant increase in traffic at the property.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: The zoning of the site is C-2, General Commercial, and Arcadia
Municipal Code Section 9275.1.56 allows tutoring centers in the C-2 zone with an
approved Conditional Use Permit.
3. That the site for the proposed use is not 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 subject property is already deficient in parking, and the proposed
tutoring center will increase that deficiency by one parking space. A bakery/restaurant is
not open due to remodeling, and one unit is vacant. It is not clear that the property can
accommodate the projected parking needs and added traffic of the proposed tutoring
center.
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 1953
FACT: The site is located along S. Baldwin Avenue and the parking area can be
accessed from Arcadia and Fairview Avenues. These streets are adequate in width and
pavement type to carry the traffic that will be generated by the proposed tutoring center.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
FACT: The proposed tutoring center is consistent with the Commercial Land
Use Designation for the site. The proposal will not adversely affect the comprehensive
General Plan.
6. That the Project is categorically exempt from the California Environmental
Quality Act (CEQA) per Section 15301 of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons the Planning Commission
determines that the Project is Categorically Exempt per Section 15301 of the CEQA
Guidelines, and denies Conditional Use Permit No. CUP 15-05 for a tutoring center at
1012 S. Baldwin Avenue.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this _____ day of _____________, 2015.
___________________________
Chairman, Planning Commission
ATTEST:
______________________
Secretary
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
n/a
n/a
P
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:
C-2
Number of Units:
C
Zoning:
Property Characteristics
1959
6,909
Site Address:
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 generated02-Dec-2015
Page 1 of 1
1010-1012 S. Baldwin Avenue
Korprapun, Chinnaporn Co. Tr. Korporapun Trust
-1012
21,195
1010‐1012 S. Baldwin Ave., View from
Front on Baldwin Ave.
1010‐1012 S. Baldwin Ave., View from Front on Baldwin
Ave., Unit 1012A – Proposed Location for Tutoring Center
1010‐1012 S. Baldwin Ave., View from
Rear
1010‐1012 S. Baldwin Ave., View from
Rear
1010‐1012 S. Baldwin Ave., Trash
Enclosure at the Rear of the Property
1010‐1012 S. Baldwin Ave., 20 Minute
Parking Stalls
1010‐1012 S. Baldwin Ave., 20 Minute
Parking Stalls
1010‐1012 S. Baldwin Ave., Handicap
Parking Stalls
1008 S. Baldwin Ave., Adjacent Property
to the North, View from Rear
1010‐1012 S. Baldwin Ave.,
Remaining Parking Stalls
e
RESOLUTIONNO. 1723
A
RESOLUTION OFTHEPLANNINGCOMMISSION OF
THE
CITYOFARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USEPERMITNO.
2004-015FOR A1,200
SQ.FT. TUTORINGCENTER WITHUPTO30
STUDENTS
AT1012S. BALDWINAVENUE, UNITB
WHEREAS, onOctober18, 2004, aconditional use
permit
application was
filed byCheyenne Chen, business .owner, for a
tutoring
centerfor up to
30students (Development Services Department Case No.
CUP2004-015) at propertycommonly known as 1012S. BaldwinAvenue,
Unit B; and
WHEREAs, a
publichearing washeld onMarch8, 2005, atwhich
timeallinterested persons were
given fullopportunity tobeheardand to
present evidence,
NOWTHEREFORE, THEPLANNINGCOMMISSIONOFTHE
CITYOFARCADIA RESOLYESASFOLLOWS:
SECTION 1.Thatthefactualdatasubmitted by the
Development Services Department intheattached report is true and correct.
SECTION 2.ThisCommission finds:
I.
Thatthe granting ofsuchConditionalUse Permitwill notbe
detrimental to
the public health orwelfare, or
injurious tothe property or
improvements in such zoneor
vicinity becausetheinitial study did not
e
disclose any substantial adverseeffects tothe areaaffected by theproposed
project.
2. Thatthe use
applied for atthelocationindicatedis a proper one
forwhich aConditionalUsePermitisauthorized.
3. That thesite forthe proposed useis adequate insizeand shape to
accommodatesaid use. All yards, spaces, walls, fences, loading,
landscaping andother
features including theshared parking withthe
neighboring business, are
adequate to
adjust said usewiththelandand uses
intheneighborhood. Theproposed projectcomplies withallrelatedzoning
requirements assetforthintheArcadiaMunicipal Code.
4.
Thatthesite abutsstreetsand highwaysadequate inwidthand
pavementtype to carry thekindoftraffic generatedby the proposed use.
5. Thatthe granting ofsuchConditional UsePermitwill not
adversely affectthe comprehensive GeneralPlanbecause theland useand
current
zoning areconsistentwiththeGeneralPlan.
6. Thatthe use
applied forwill nothave asubstantial adverseimpact
ontheenvironment, andthatbased upon therecord asawholethereis no
evidencethat .theproposedproject willhave anypotential for anadverse
effect onwildlife resources orthehabitat upon whichthewildlife depends.
2
1723
SECTION3. Thatforthe foregoing reasonsthis Commission
grants Conditional UsePermitNo. CUP2004-015, for a
tutoring centerwith
up to30students at1012S. BaldwinAvenue, Unit B, upon thefollowing
conditions:
1. Thereshallbe no more than thirty (30) studentsand two (2)
employees at anyone time.
e
2. Thehoursof operation shallbe10:
30 a.m. to8:00 p.m.,
Monday
throughFriday, 10:30 a.m.
to 4:30 p,m. on
Saturdays, and10:30 a.m. to
3:00 p.m. on
Sundays.
3. The parking lot shallberestriped andlandscaped per theArcadia
Municipal Code, subject tothe approval ofthe Development Services
Department.
4. The use
approvedby CUP 2004-015is limited tothe tutoring
center. The tutoring centershallbe operated andmaintainedin amanner
thatisconsistentwiththeproposal andplans submitted andapproved for
CUP2004-015.
5. A separatesigndesign review application shallbesubmittedfor
all new
signs onthepremises.
6. Any exterior alteration tothebuildingrequires thefiling and
approval of a
design reviewapplication.
3
1723
7. Allconditionsofapproval shallbe complied with prior to
opening
the tutoring center.
Noncompliance withthe plans, provisions and
conditionsof approval forCUP2004-015shallbegrounds forimmediate
suspension or
revocation of any
approvals, whichcouldresultin theclosing
of theschool andoffice.
e
8. AllCity coderequirementsregardingaccessibility, fire protection,
occupancy, and safety shallbe complied with tothe satisfactionofBuilding
ServicesandtheFire Department.
9. Approval ofCUP 2004-015shall nottakeeffectuntilthe property
owner(s), and applicants have executedandfiledthe Acceptance Form
availablefromthe Development Services Department toindicate awareness
and acceptance oftheseconditions ofapproval.
10. The applicant shalldefend, indemnify, andholdharmlessthe City
ofArcadiaanditsofficers, employees, and agents fromand against any
claim, action, or
proceedingagainst theCity ofArcadia, itsofficers,
employees or
agents toattack, setaside, void, orannul anyapproval or
conditionof approval oftheCity ofArcadia concerning this project and/or
land usedecision, including butnotlimitedto anyapproval orconditionof
approval of theCity Council, Planning Commission, or
City Staff, which
I actionis brought withinthetime periodprovided forinGovernmentCode
4
1723
e
Section66499.37 orother provision oflaw applicable tothis project or
decision. The City shall promptlynotify the applicant of anyclaim, action,
or
proceedingconcerning theproject and/orland usedecisionandtheCity
shall cooperatefully inthedefenseofthe matter. The City reservesthe
right, atits own
option, tochooseits own
attorney to represent the City, its
officers, employees, and agents inthedefenseofthe matter.
SECTION 4.
Thedecision, findings andconditionscontainedin
thisResolutionreflectthe
Commission'sactionofMarch8, 2005, by the
following votes:
AYES: Commissioners Hsu, Lucas, Wen
NOES: Commissioners Baderian, Olson
SECTION 5. The Secretary shall certify totheadoption ofthis
Resolutionandshall causea copy tobeforwarded tothe City Councilofthe
City ofArcadia.
IHEREBYCERTIFYthatthe forgoing Resolution was
adopted at a
regularmeeting ofthe Planning Commissionheld ontheMarch 22, 2005,
by the following votes:
AYES:
NOES:
CommissionersBaderian, Hsu, Lucas, Olson, Wen
None
5
1723
e
Chairman, Planning Commission
City ofArcadia
Secretary, Planning omrrnsslon
City ofArcadia
APPROVEDASTOFORM:
R~
Stephen P.
Deitsch, City Attorney
6
1723
RESOLUTIONNO. 1858
ARESOLUTIONOFTHEPLANNINGCOMMISSIONOFTHECITYOF
ARCADIA, CALIFORNIA, APPROVINGCONDITIONALUSEPERMIT
NO. CUP12 -09TOEXPANDTHEEXISTINGBAKERY, CHIFFONDE
PASTRYART, INTOANADJACENT1,200SQUARE -FOOTVACANT
UNITWITHINAN EXISTING6,900SQUARE -FOOTCOMMERCIAL
BUILDINGAT 1010S. BALDWIN AVENUE. THE EXPANDED
RESTAURANT /BAKERYWILL BE2,300 SQUARE FEETWITH A
DININGAREAFOR12PATRONS
WHEREAS, onApril19, 2012, anapplicationwasfiledbyVivienChengto
expandtheexistingbakery intoanadjacent1,200square -footvacantunitwithinan
existing6,900square -footcommercialbuildingtoestablisharestaurant/bakerythatwill
be2,300square -feetwithadiningareafor12patronsat1010 S. BaldwinAvenue,
DevelopmentServicesDepartmentCaseNo. CUP12 -09; and
WHEREAS, apublichearingwasheldbythePlanningCommissiononJune12,
2012, atwhichtimeallinterestedpersonsweregivenfullopportunitytobeheardandto
presentevidence.
NOW, THEREFORE, THE PLANNINGCOMMISSION OFTHECITYOF
ARCADIARESOLVESASFOLLOWS:
SECTION1. ThatthefactualdatasubmittedbytheDevelopmentServices
DepartmentinthestaffreportdatedJune12, 2012aretrueandcorrect.
SECTION2. ThisCommissionfinds:
1.
ThatthegrantingofsuchConditionalUsePermitwillnotbedetrimentalto
thepublichealthorwelfareorinjurioustothepropertyorimprovementsinsuchzoneor
vicinity. Theproposedrestaurantisconsistentwiththezoningandlandusedesignation
ofthesiteandarea, andwillnothaveanyadverseimpactstotheneighboring
businessesorproperties.
2. Thattheuseappliedforatthelocationindicatedisproperlyoneforwhicha
ConditionalUsePermitisauthorized. ArestaurantisallowedintheC -2zoneswithan
approvedConditionalUsePermitperSection9275.1.53.5oftheArcadiaMunicipal
Code.
3. Thatthesitefortheproposeduseisadequateinsizeandshapeto
accommodatesaid use, andallyards, spaces, walls,
fences, parking,
loading,
landscaping, andotherfeaturesrequiredtoadjustsaidusewiththelandandusesinthe
neighborhood. Basedontheproposalandtheparkingavailability, thissiteisadequate
fortheproposedprojectandonlyminoradjustmentsarenecessary; thatishavingthe
employeesparkattherearoftheproperty, andtheaddingofsignageregardingthe
properparkingspacestobeusedbythecustomers.
4. Thatthesiteabutsstreetsandhighwaysadequateinwidthandpavement
typetocarrythekindoftrafficgeneratedbytheproposeduse. Theproposed
restaurantwillnotsignificantlyincreasetrafficfromtheprevioustutoringcenteruseand
thesurroundingstreetsarealladequateformorethantheprojectedtypeoftraffic
expectedtobegeneratedbytheproposeduse.
5. ThatthegrantingofsuchConditionalUsePermitwillnotadverselyaffectthe
comprehensiveGeneralPlan. Theproposedrestaurant/bakeryisacommercialuse
thatisconsistentwiththeGeneralPlanLandUseDesignationofthesite.
6. ThattheprojectapprovedunderConditionalUsePermitNo. CUP12 -09
qualifiesasaClass3CategoricalExemptionoftheCaliforniaEnvironmentalQualityAct
CEQA) perSection15303(c) oftheCEQAGuidelines.
2- 1858
SECTION3. Thatfor theforegoing reasonsthis Commission grants
ConditionalUsePermitNo. CUP12 -09fora2,300squarefootrestaurant/bakeryat
1010S. BaldwinAvenue, subjecttothefollowingconditions:
1.
Employeesofthesubjectrestaurant/bakeryshallusetheparkingareaat
therearofthesubjectproperty.
2.
Signsshallbepostedinsidetherestaurant/bakeryandoutsideofeach
entrancetothesubjectbuildingthatillustratestheparkingspacesthatbelongtothe
subjectpropertyandremindspatronstorefrainfromparkingattheneighboring
properties. The signsare
tobe approved
by the
Community Development
Administrator.
3. Thereshallbeamaximumof12seats.
4.
Businesshoursarelimitedto7:00a.m. to9:00p.m. daily.
5. Aroofshallbeaddedtotheexistingtrashenclosure.
6. Theexistingfirealarmsystemintheexpansionareashallbecompletely
removedpriortooccupancy, andifnecessary, replacedwithasystemthatmeetsthe
requirementsoftheFireMarshal.
7. Therestroominthenewlyproposedspacemustalsobeaccessibleto
disabledpersons. Whentheexpansioniscomplete, one (1) restroommustbe
designatedformenandone (1) mustbedesignatedforwomen.
8. The useapproved
by CUP12 -09islimitedtothe proposed
restaurant/bakery, whichshallbeoperatedandmaintainedinamannerthatis
consistentwiththeproposalandplanssubmittedandconditionallyapprovedforCUP
12 -09.
3- 1858
9. AllCityrequirementsregardingdisabledaccessandfacilities, occupancy
limits, buildingsafety, emergencyequipment, andparkingandsitedesignshallbe
compliedwithtothesatisfactionoftheBuildingOfficial, CityEngineer, Community
DevelopmentAdministrator, FireMarshal, andPublicWorksServicesDirector.
10. Noncompliancewiththeplans, provisionsandconditionsofapprovalfor
CUP12 -09shallbegroundsforimmediatesuspensionorrevocationofanyapprovals,
whichcouldresultintheclosingoftherestaurant/bakery.
11. 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.
12.
ApprovalofCUP12 -09shallnottakeeffectuntilthepropertyowner(s),
applicant(s), andbusinessowner(s) andoperator(s) haveexecutedandfiledan
AcceptanceFormavailablefromtheDevelopmentServicesDepartmenttoindicate
awarenessandacceptanceofthesecondition ofapproval.
4- 1858
SECTION4. TheSecretaryshallcertifytotheadoptionofthisResolution.
Passed, approvedandadoptedthis26th
dayofJune, 2012.
Chairman, Pianing ommison
ATTEST:
ry, PlanningCommission
APPROVEDASTOFORM:
PI
StephenP. Deitsch, CityAttorney
STATEOFCALIFORNIA )
COUNTYOFLOSANGELES ) SS:
CITYOFARCADIA )
I, JimKasama, SecretaryofthePlanningCommissionoftheCityofArcadia, hereby
certifythattheforegoingResolutionNo. 1858waspassedandadoptedbythePlanning
CommissionoftheCityofArcadia, signedbytheChairpersonandattestedtobythe
SecretaryataregularmeetingofsaidPlanningCommissionheldonthe26thdayofJune,
2012andthatsaidResolutionwasadoptedbythefollowingvote, towit:
AYES: CommissionersBaderian, Beranek, ParrilleandBaerg
NOES: None
ABSENT: CommissionerChiao
Secre
rtj' ofthePlanningCommission