Loading...
HomeMy WebLinkAboutItem 6 - CUP 15-05DATE: June 14, 2016 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Associate 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, Mr. Rufino Segovia, is requesting approval of a Conditional Use Permit for a 1,100 square-foot tutoring center for up to 15 students and two (2) 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 to four (4) parking spaces. This item was initially heard by the Planning Commission at its December 8, 2015 meeting, and was continued to allow for a more accurate parking analysis to be conducted after the opening of the bakery at the adjacent unit. The bakery opened on March 28, 2016, and on May 9, 2016, a new parking survey was provided to the City. Based on the parking and traffic information, 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. 4 for the Floor Plan and Site 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 with five rooms for one-on-one instruction of grade school and high school age students, another by a 1,400 square-foot office use, and the other by a bakery use that was approved by CUP 12-09 on June 26, 2012 (See Attachment No. 5 for Resolution No. 1858). The other vacant unit is a 600 square-foot space that was a day spa. There are 41 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 Continuance 1012 S. Baldwin Ave. June 14, 2016 – Page 2 of 7 The proposal was first considered at the December 8, 2015, Planning Commission meeting – refer to Attachment No. 1 – the December 8, 2015 Staff Report. It was recommended that the proposal be denied due to a four (4) space parking deficiency on the property, a parking configuration that is prone to congestion, and the unit size that can accommodate far more students than was proposed by the application. The Planning Commissioners commented to the applicant that it was difficult to consider approving the proposal because the parking analysis cannot be considered accurate if the adjacent bakery has not yet opened for business. The Planning Commissioners asked the applicant, which was Mrs. Michelle Segovia at that time, if she would be willing to continue the hearing so that a new parking survey could be conducted after the bakery was open, and she agreed. The Planning Commission voted 4 – 0, with one Commissioner absent, to continue the item until more information could be gathered regarding the onsite parking after the opening of the bakery. On March 28, 2016, the adjacent bakery opened for business with seating for four (4) customers. The bakery was approved to have seating for up to 12 people. At the direction of staff, a parking survey was conducted from May 1 through May 7 (see Attachment No. 6 for the Updated Parking Survey). Also on March 28, 2016, the property owner re-striped the portion of the parking lot nearest the aisle and added two (2) parking spaces to the property. The parking plan was reviewed and approved by Planning Services and the Building Official for compliance with City and accessibility regulations. The number of parking spaces increased from 39 to 41. PROPOSAL The proposal for this Conditional Use Permit application is for a tutoring center with two (2) staff members and 15 students, ages four (4) to 14 that will be open Monday through Friday, with tutoring provided on Saturdays and Sundays by appointment only. The subject unit has five (5) rooms and a lobby. The rooms will be used for homework assistance, a library, a computer lab, a transitional kindergarten classroom, and a general instruction classroom/office (see Attachment No. 4 for the Site Plan and Floor Plan). The tutoring hours are proposed to be 7:00 a.m. to 7:00 p.m., and a van will be available to take children home if their parents are unable to pick them up. ANALYSIS This project was continued from the December 8, 2015, Planning Commission meeting because an accurate parking demand study for the subject property could not be provided at that time because the bakery at the adjacent unit was not open. It had closed to expand and remodel. The bakery opened at the end of March. A new parking survey was conducted the week of May 1 through 7 to avoid the possible atypical parking demand associated with a grand opening of the bakery (See Attachment No. 6 for the Updated Parking Survey). The music school that occupies Unit B has five (5) music rooms, an office, and a lobby. The school can accommodate five (5) instructors, five (5) students, and one (1) administrative staff member. One (1) parking space is required per staff member, and Resolution No. 1953 – CUP 15-05 Continuance 1012 S. Baldwin Ave. June 14, 2016 – Page 3 of 7 one (1) parking space is required for every three (3) students or fraction thereof. The music school is required to have eight (8) parking spaces. The Bakery is required to provide ten (10) parking spaces per 1,000 square-feet of gross floor area as a restaurant use with 2,300 square-feet. The parking requirement is 23 parking spaces. The 600 square-foot retail use is required to provide five (5) parking spaces per 1,000 of gross floor area, which results in a parking requirement of three (3) parking spaces. The accounting office is required to provide four (4) parking spaces per 1,000 square- feet of gross floor area, so the requirement for that use is six (6) parking spaces. The proposal is to operate a tutoring center with two (2) staff members, and 15 students below the age of 16 in a 1,100 square-foot commercial unit. The Code requires one (1) parking space for each staff member, and one (1) parking space for every five (5) grade-school-aged students. The parking requirement for the proposed tutoring center is five (5) spaces. The tutoring center is proposed to 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 three (3) spaces, approval of the proposed use would increase the parking deficiency for the property to four (4) parking spaces. The following table lists the parking requirements of the uses at this property: Suite Square Footage Use Parking Spaces Required 1010 + Unit C 2,300 Bakery 23 1010, Unit 201 600 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 (Grade - High School Age) 8 45 Total The parking survey (Attachment No. 6) shows that when demand was at its peak, there were at least seven (7) of the 41 parking spaces available. The peak demand for the parking on the property is from 5-6 p.m. on weekdays, which also happens to be when the proposed tutoring center is expected to reach its peak demand for parking. Staff visited the property several times after the survey was concluded and observed a parking count that was consistent with the data provided in the survey. It is projected that the subject tutoring center will use five (5) parking spaces and the vacant retail business located at 1010 S. Baldwin, Unit 201 will use at least three (3) spaces based on the parking requirement. With the tutoring center in operation and the vacant unit occupied, the property will be at or slightly over the maximum parking capacity during the peak period. Based on this information, there may not be sufficient parking to accommodate the proposed tutoring center at peak times during the week. With the drop-off and pick-up activity, it is anticipated that there will be impacts to traffic and circulation. The parking lot layout does not provide convenient ingress and egress for the spaces closest to the building (see Attachment No. 3 for parking lot photos and Attachment No. 4 for the Site Plan). Resolution No. 1953 – CUP 15-05 Continuance 1012 S. Baldwin Ave. June 14, 2016 – Page 4 of 7 The proposed number of students in comparison to the size of the unit is also a concern in determining if a tutoring center is appropriate at this location. There is a trend among tutoring centers having 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 (5) classrooms, but only two (2) teachers proposed. It seems that additional teachers or other adult supervision should be provided. Staff has no reason to suspect that the applicant would not comply with the proposed limits of two (2) teachers and 15 students, and while it is difficult for Code Services to regularly inspect businesses to verify compliance, a violation would subject the business to revocation of their business license and/or revocation of the Conditional Use Permit. However, because of the limited parking and circulation, excessive drop-off and pickup activity could adversely impact the other businesses in the subject building, and in adjacent buildings. The proposed tutoring center is consistent with the General Plan as a commercial land use and is consistent with the Zoning Code, as a tutoring center is allowed with the approval of a Conditional Use Permit in the C-2 General Commercial Zone. While the proposed use is consistent with the General Plan and Zoning, it is not compatible with the other uses at the subject property and surrounding properties due to the impacts to parking and circulation associated with 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. Even if the tutoring center is operated with only two (2) teachers and 15 students as proposed in the application, the availability of onsite parking and the onsite traffic will be negatively impacted by increasing the parking deficiency from three (3) to four (4) 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 vacant unit in the subject building is filled, there is likely to be a parking shortage on the property. 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 9275.1.56 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, Resolution No. 1953 – CUP 15-05 Continuance 1012 S. Baldwin Ave. June 14, 2016 – Page 5 of 7 landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The subject property is deficient in parking, and the proposed tutoring center will increase that deficiency by one (1) parking space. The configuration of the parking is not suited to drop-off and pick-up activity. The property is not adequate for 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. The parking for the subject property is 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, qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines. See Attachment No. 7 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for the initial hearing 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. This project was continued by the Planning Commission at the December 8, 2015, Planning Commission meeting to an unspecified date. Public hearing notices for the continuance of this item were mailed to the property owners and tenants of those properties with 300 feet of the subject property on May 31, 2016. As of June 9, 2016, staff has not received any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution No. 1953 to deny the project. Resolution No. 1953 – CUP 15-05 Continuance 1012 S. Baldwin Ave. June 14, 2016 – Page 6 of 7 If the Planning Commission intends to approve the subject application, the Commission is to find that the project is exempt from CEQA, and it is recommended that the decision be subject to 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 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 7:00 a.m. to 7:00 p.m., and by appointment only on Saturdays and Sundays between 7:00 a.m. to 7:00 p.m. 3. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 15-05 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 6. Approval of CUP 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. Resolution No. 1953 – CUP 15-05 Continuance 1012 S. Baldwin Ave. June 14, 2016 – Page 7 of 7 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 conditions of approval as presented, 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 findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 14, 2016, hearing, please contact Associate Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ArcadiaCA.gov. Approved: Attachment No. 1: Staff Report and Memorandum for the December 8, 2015 Meeting Attachment No. 2: Resolution No. 1953 Attachment No. 3: Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 4: Site Plan and Floor Plan Attachment No. 5: Resolution No. 1858 for the Bakery Attachment No. 6: Parking Survey Attachment No. 7 Preliminary Environmental Assessment 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. The Planning Commission voted 4-0, with one Commissioner absent to continue the hearing until more accurate information could be obtained for the property. WHEREAS, on June 14, 2016, 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: 2 1953 SECTION 1. That the factual data submitted by the Community Development Division in the attached report dated June 14, 2016, 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. 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 3 to 4 parking spaces, which would be detrimental to the other businesses on the property. There is presently one vacant unit in the commercial building on the property. Once the vacant unit is filled as currently expected by the end of 2016, there is projected to be a parking shortage on the property. If the tutoring center expands beyond its proposed occupancy, the onsite parking will be further impacted. 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. 3 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 3 to 4 parking spaces, which would be detrimental to the other businesses on the property. There is presently one vacant unit in the commercial building on the property. Once the vacant unit is filled as currently expected by the end of 2016, there is projected to be a parking shortage on the property. If the tutoring center expands beyond its proposed occupancy, the onsite parking will be further impacted. The yards, walls, fences, loading, and landscaping are appropriate for the 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. FACT: The Project site is located along S. Baldwin Avenue. This street is adequate in width and pavement type to carry the traffic that will be generated by the proposed tutoring center, and the Project will not impact this street. 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 4 1953 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 _____________, 2016. ___________________________ 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    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 Preliminary Exemption Assessment 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 15-05 for a 1,100 square-foot tutoring center for up to 15 students. 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): 1012 S. Baldwin Ave., Arcadia, CA 91007 (cross streets: Fairview Avenue and Arcadia Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Rufino Segovia (2) Address 1837 Chantry Dr., Arcadia, CA 91006 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15301 (Use of an Existing Facility) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 1, 2016 Staff: Nick Baldwin, Associate Planner