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HomeMy WebLinkAboutItem No. 2 - CUP 16-05 for 52 E. Live Oak Ave.DATE: July 26, 2016 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Associate Planner SUBJECT: RESOLUTION NO. 1968 – APPROVING CONDITIONAL USE PERMIT NO. CUP 16-05 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW 2,800 SQUARE-FOOT, INDOOR PLAYGROUND AT 52 E. LIVE OAK AVENUE Recommendation: Approve and Adopt Resolution No. 1968 SUMMARY The applicant, Ms. Sandra Wu, is requesting approval of a Conditional Use Permit for a 2,800 square-foot, indoor playground in an existing commercial building. There was a 14 parking space deficiency on site, but the proposal reduces the deficiency to five (5) parking spaces. It is recommended that the Planning Commission approve the project and adopt the attached Resolution No. 1968 (Attachment No. 1) to approve Conditional Use Permit No. CUP 16-05 with a Categorical Exemption, and the conditions of approval listed in this report. BACKGROUND The subject property is a 9,000 square-foot lot, zoned MU, Mixed Use. The property is improved with a 4,000 square-foot, commercial building that is divided into two units and is part of a row of commercial developments on the south side of E. Live Oak Avenue between S. Santa Anita and Myrtus Avenues - see Attachment No. 2 for an Aerial Photo with Zoning Information, and Attachment No. 3 for the Site Plan and Floor Plan. The proposed indoor playground will occupy a unit that was previously used as a martial arts studio. The other unit on the property at 54 E. Live Oak Avenue is approved for a retail use. There are 13 parking spaces located at the rear of the property that are accessed through an alley that is parallel to E. Live Oak Avenue between Santa Anita and Myrtus Avenues. Resolution No. 1968 – CUP 16-05 52 E. Live Oak Avenue July 26, 2016 – Page 2 of 6 PROPOSAL The applicant is requesting a Conditional Use Permit for an indoor playground and anticipates having three (3) staff members and up to 30 customers. Based on the proposed floor plan, the facility would have a maximum occupancy limit of 63 people. The playground is intended to be a safe place for small children to play and enjoy recreational activities such as climbing, jumping, and reading - see Attachment No. 3 for the Site and Floor Plan. The interior of the unit will be divided into active and passive activity spaces of two play areas, a reading corner, and an eating area. The customers are to be children, ages two (2) to 13, who are to be accompanied and supervised by adult caregivers at all times. The business hours are proposed to be from 10:00 a.m. to 6:00 p.m., daily with the bulk of the activity anticipated to occur on weekends. During the week, when business is expected to be slower, there may only be one staff member present at the business. On weekends, there would be one, full-time staff member, and one or two part-time employees as needed to host events, such as birthday parties. Playground equipment is to be installed in accordance with all applicable building and safety codes, but no structural remodeling is anticipated, and except for signage, no external changes to the building are proposed. ANALYSIS The proposed playground use is categorized as a health club under the Arcadia Municipal Code, and a Conditional Use Permit (CUP) is required for health clubs in the MU, Mixed Use zone per Section 9275.1.49.1. Resolution No. 1968 – CUP 16-05 52 E. Live Oak Avenue July 26, 2016 – Page 3 of 6 There is an on-site, surface parking area behind the building with 13 parking spaces that serves both units on this property. This parking area is connected to the parking areas of the adjacent properties to the west. The parking lot directly to the east is enclosed with a fence. In total, there are 74 parking spaces for these 4 properties, which serve a total of 14 units. The adjacent property to the west is under separate ownership, while the other property is under the same ownership as the subject property. In practice, all four of these parking lots are shared. By Code, health clubs are required to provide one (1) parking space per 100 square feet of exercise area. For the proposed indoor playground, this requirement is applied to the activity areas. When the two play areas and reading area are added together, there is a total of 1,208 square-feet of activity area, which results in a parking requirement of 12 spaces. The adjacent 1,200 square-foot, retail use has a parking requirement of six (6) spaces. The combined parking requirement for the property is 18 spaces, and since there are only 13 spaces on the property, there is a five (5) space parking deficiency. This is a reduction in the parking deficiency of 14 spaces from the previous use, which was a martial arts studio. No parking problems were reported during the time that they were in business. Although there will be a parking deficiency by Code, the rear parking lots behind the subject property and the adjacent properties to the west are underutilized, particularly on weekends, which is when the proposed indoor playground is expected to be busiest. The applicant has provided a parking study for a 15-day period showing the number of available parking spaces in the rear parking areas. Available parking spaces were counted at around 9:00 a.m., 12:00 p.m., 3:00 p.m., and 6:00 p.m. for each day - see Attachment No. 4 for the Parking Survey. The results show that for the 15-day period, no less than 36 of the 47 parking spaces were available during these times. The parking study did not include the 27 parking spaces at 42 E. Live Oak Avenue that are under a separate ownership. Staff’s observations indicate that these 27 parking spaces are also underutilized, with at least half of the parking spaces unoccupied. Based on the parking study and staff’s observations, there is ample parking for the proposed indoor playground and the other uses in these buildings. 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: Resolution No. 1968 – CUP 16-05 52 E. Live Oak Avenue July 26, 2016 – Page 4 of 6 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed use will provide a safe activity place for children, which is in support of the public health and welfare of the community. The ample parking available to customers will ensure that there will not be parking impacts that would be detrimental to other uses in the vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The zoning of the site is MU, Mixed Use. The subject indoor playground is categorized as a health club, and Arcadia Municipal Code Section 9275.1.49.1 allows health clubs in the MU zone with an approved Conditional Use Permit. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The subject property shares parking with the properties to the west and there is more than enough parking available to accommodate the proposed use and the other uses at these properties. 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 on E. Live Oak Avenue, and the parking lots are accessed from Myrtus Avenue. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed indoor playground. The proposed use will not adversely impact these streets. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed indoor playground is consistent with the Commercial Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. ENVIRONMENTAL ASSESSMENT The proposed project qualifies as a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA) as the use of an existing facility pursuant to Section 15301(a) of the CEQA Guidelines. Resolution No. 1968 – CUP 16-05 52 E. Live Oak Avenue July 26, 2016 – Page 5 of 6 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 Friday, July 15, 2015. As of July 21, 2016, no comments have been received in response to the notice. RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution No. 1968 to approve the project and determine that it is exempt under CEQA, subject to the following conditions: 1. The use approved by CUP 16-05 is limited to an indoor playground, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 16-05, 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. 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 3. Noncompliance with the plans, provisions and conditions of approval for CUP 16-05 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the indoor playground. 4. The owner/applicant shall comply with the following conditions related to fire safety to the satisfaction of the City Fire Marshal, or designee: a. The main exit shall be provided with keyed hardware and must have signage indicating, “This door shall remain unlocked while the building is occupied.” b. Any decorative materials used shall be flame retardant. c. Illuminated exit signage shall be provided above all exit doors. d. Emergency lighting shall be provided along paths of egress. 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 Resolution No. 1968 – CUP 16-05 52 E. Live Oak Avenue July 26, 2016 – Page 6 of 6 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 16-05 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 16-05, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1968 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 Application No. CUP 16-05, state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the July 26, 2016, hearing, please contact Associate Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1968 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: Parking Survey Attachment No. 5: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 1968 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a n/a n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: MU Number of Units: MU Zoning: Property Characteristics 1960 4,000 2 LIVE OAK DEVELOPMENT I LLC Site Address: 52 E LIVE OAK AVE This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated21-Jul-2016 Page 1 of 1 52 E. Live Oak Ave., Subject Property, Front Elevation 52 E. Live Oak Ave., Subject Property, Rear Elevation 52 E. Live Oak Ave., Subject Property, Parking Lot at the Rear 52 E. Live Oak Ave., Subject Property, Parking Lot at the Rear 30-40 E. Live Oak Ave., Parking Lot at the Rear 30-40 E. Live Oak Ave., Parking Lot at the Rear Attachment No. 3 Attachment No. 3 Site Plan and Floor Plan