HomeMy WebLinkAboutItem 1 - CUP-17-03 139 E Foothill Blvd FINAL
DATE: June 27, 2017
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning Services Manager
By: Amanda Landry, AICP Senior Planner
SUBJECT: RESOLUTION NO. 1994 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 17-03 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,200
SQUARE FOOT INDOOR PLAYGROUND FOR CHILDREN AT 139 E.
FOOTHILL BOULEVARD
Recommendation: Adopt Resolution No. 1994
SUMMARY
The applicant, Ms. Debbie Ro, is requesting approval of Conditional Use Permit No.
CUP 17-03 to operate an indoor playground for children ages 1 through 8 years old at
139 E. Foothill Boulevard. The 1,200 square foot subject unit was previously occupied
by Lenity Salon Supplies, a retail store, and is part of a larger existing multi-tenant
commercial center at the Shoppes at the Highlander Center. The project has been
found to be a Class 1 Categorical Exemption under the California Environmental Quality
Act (CEQA) as the use of an existing building. It is recommended that the Planning
Commission adopt Resolution No. 1994 (Attachment No. 1) to find that the project is
Categorically Exempt under CEQA and approve CUP 17-03, subject to the conditions
listed in this staff report.
BACKGROUND
The commercial unit is located in the Shoppes at the Highlan der Center, a large one-
story, 56,910 square foot multi-tenant shopping center located on a 227,495 square
foot, irregularly shaped lot zoned C-G, General Commercial. The center has a total of
279 on-site surface parking spaces - see Attachment No. 2. The 1,200 square foot
subject unit was previously used as a retail store and six parking spaces were required.
A 3,800 square foot McDonald’s and a 5,600 square foot Bank of America are located
on the adjoining lots but are not a part of this shopping center and under separate
ownership. The parking lots of the two adjoining properties connect with the parking lot
of the subject properties for access, however no formal covenant exists, and therefore
the parking is considered separate for code requirement purposes.
Resolution No. 1994 – CUP 17-03
139 E. Foothill Blvd.
June 27, 2017 – Page 2 of 8
PROPOSAL
The applicant is requesting a Conditional Use Permit to operate a children's indoor
playground (Precious One) at 139 E. Foothill Boulevard – see Attachment No. 3 for site
and floor plans. The proposed indoor playground would charge a daily access or
admission fee for children ages 1 through 8 years old from 10:00 AM - 6:00 PM Monday
through Friday, with private events on Saturdays and Sundays from 10:00 AM - 6:00
PM. The proposed maximum occupancy is 16 children at any one time, with up to three
staff members. All children would be required to be accompanied by an adult at all
times. No prepared food will be sold, although the applicant does intend to offer pre -
packaged food items, such as bottled water, juice boxes and small snacks, for
purchase.
The indoor playground is
intended for use by younger
children, ages 1 through 8
years old. No major interior
remodeling is anticipated to
accommodate the use, except
for signage, no exterior
changes are proposed to the
building. Up to 600 square
feet of the existing 1,200
square foot tenant space
would be enclosed by a low
barrier and programmed with
age appropriate play and
recreation activities. The play
and recreation space would
be filled with various play
equipment including toy kitchens and workshops, toy cars, musical instruments, books,
puzzles, Exersaucers, Barbie dolls, blocks, pop-up tents and tunnels, a small inflatable
slide, ball pit and a trampoline, similar to the image above. The play space would also
be improved with padded flooring.
The remaining 600 square feet of the tenant space would be used for the entry lobby
and parent waiting area, reception desk and retail counter, party staging area, and a
walkway to the bathrooms and rear exit, as shown in the floor plan below.
Resolution No. 1994 – CUP 17-03
139 E. Foothill Blvd.
June 27, 2017 – Page 3 of 8
ANALYSIS
The proposed use of a children’s indoor playground with a fee based admission is
classified as a Commercial Recreation – Indoor use. In the C-G zone, this use is
permitted upon approval of a Conditional Use Permit.
Parking
The subject tenant space is 1,200 square feet in area. The previous use of the tenant
space was retail, which requires 1 space per 200 square feet of floor area, or six
spaces, and the tenant space is allotted six of the spaces available at the shopping
center. The parking requirement for the proposed use is one parking space per 100
square feet of play area. The applicant is proposing to have a maximum of 600 square
feet of play area, which would require six parking spaces. Therefore, the parking for the
proposed use complies with the minimum requirement.
Overall, the Shoppes at the Highlander Center require 285 parking spaces based on the
parking requirement for multi-tenant shopping centers. The existing parking area has
279 parking spaces, which is short of the required parking by 6 parking spaces, as
shown below.
Subject Unit
Resolution No. 1994 – CUP 17-03
139 E. Foothill Blvd.
June 27, 2017 – Page 4 of 8
Staff has observed the center at various times during the proposed business hours and
noted that the parking at the center is generally underutilized and that there is an
abundance of available parking. Further, the applicant has provided a short parking
study that confirms staff observations - see Attachment No. 4.
FINDINGS
Section 9107.09.050 of the Arcadia Development Code requires that in order for a
Conditional Use Permit to be granted, all the following findings must be made:
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: The proposed indoor playground for children is
consistent with the General Plan in that the commercial recreational use offers
diversity to the local mixture of office, retail, and restaurant uses in the area and
revitalizes an underutilized property. Therefore, the proposed use is consistent with
the City’s General Plan and supports goals located therein.
2. The proposed use is allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and complies with all other applicable
provisions of the Development Code and the Municipal Code.
Facts to Support This Finding: The subject property is zoned C-G, General
Commercial. Section 9102.03.020 of the Development Code specifies that indoor
recreational uses, such as the proposed indoor playground for children, are allowed
upon approval of a Conditional Use Permit. Further, the project, as proposed would
meet the minimum parking requirements, the center has an abundance of available
parking, and the use is compatib le with the surrounding uses and offers a service
that will draw residents and visitors to this multi-tenant shopping center. Therefore,
the proposed use is allowed with the C-G zone and complies with all other
applicable provisions of the Development Code and Municipal Code.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
Facts to Support This Finding: The project site is located within the Shoppes at
the Highlander Center shopping center. The proposed indoor playground for children
would occupy an existing 1,200 square foot tenant space within an existing multi-
tenant commercial building. No exterior changes are proposed to accommodate the
use. The commercial property features parking, landscaping, walls, and other
features typical of multi-tenant commercial development. Based on the proposed
operational characteristics, including a proposed maximum of 16 children and the
restriction of the interior floor plan to 600 square feet of play area, t he proposed
activity will be compatible with the other existing and future land uses in the vicinity.
Resolution No. 1994 – CUP 17-03
139 E. Foothill Blvd.
June 27, 2017 – Page 5 of 8
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences,
landscaping, loading, parking, spaces, walls, yards, and other features
required to adjust the use with the land and uses in the neighborhood;
Facts to Support This Finding: The proposed indoor playground for children
will occupy an existing tenant space in an existing multi -tenant shopping center.
The commercial property is improved with surface parking, landscaping and
other features typical of commercial developments. The required parking for the
proposed use is six spaces, which is consistent with what was required for the
previous tenant. The existing parking lot is generally underutilized and the
proposed use is not anticipated to generate parking demands greater than what
the existing parking lot can accommodate or necessitate additional exterior
physical improvements to the property.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical)
access.
Facts to Support This Finding: The site is located along E. Foothill Boulevard
with access to the shopping center parking lot from E. Huntington Drive and N.
Second Avenue. These streets are adequate in width and pavement type to carry
the traffic that will be generated by the proposed personal service business, and
will not impact these streets.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The subject property is developed with an
existing multi-tenant commercial building that complies with current safety
requirements. There will be no impact to public saf ety services.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection, treatment,
and disposal, etc.).
Facts to Support This Finding: The subject property is developed with a multi-
tenant commercial building. There are adequate utilities to service this site and
the site and building are in compliance with current health and safety
requirements. There will be no impact to utilities or the City’s infrastructure from
the proposed use.
5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, persons, property,
or uses in the vicinity and zone in which the property is located.
Resolution No. 1994 – CUP 17-03
139 E. Foothill Blvd.
June 27, 2017 – Page 6 of 8
Facts to Support This Finding: The intensification in use from retail to an indoor
playground for children will not adversely affect the public convenience, health,
interest, safety, or general welfare since the business owners will only occupy half of
the unit space for the play area, with the remaining space dedicated to bathrooms,
paths of travel, and a central waiting area. The unit is within an existing shopping
center that has an improved walkway in front of the units and provides adequate
access for pedestrians separate from the parking the lot area. Therefore, the
proposed use will not be materially injurious to the other uses within this property.
The proposed project, with the recommended conditions of approval will satisfy each
prerequisite condition, and all City requirements regarding disabled access and
facilities, occupancy limits, building safety, health code compliance, emergency
equipment, environmental regulation compliance, and parking and site design shall be
complied with by the property owner/applicant to the satisfaction of the Building Offi cial,
City Engineer, Community Development Administrator, Fire Marshal, and Public Works
Services Director, or their respective designees.
ENVIRONMENTAL ASSESSMENT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as a use of an existing facility, qualifies as a Class 1 Categorical Exemption
under the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of
the CEQA Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption
Assessment.
PUBLIC NOTICE
Public hearing notices for this item were mailed to the owners of those properties that
are located within 300 feet of the subject property on June 15, 2017. As of June 22,
2017, staff has not received any public comments on this project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 1994
(Attachment No. 1) to find that this project is Categorically Exempt under the California
Environmental Quality Act (CEQA) and to approve CUP 17-03, subject to the following
conditions of approval:
1. The use approved by CUP 17-03 is limited to an indoor playground for children,
which shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 17 -03, 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
neighboring businesses and properties.
2. The maximum floor area dedicated to play area shall not exceed 600 square feet.
Resolution No. 1994 – CUP 17-03
139 E. Foothill Blvd.
June 27, 2017 – Page 7 of 8
3. There shall be no more than 16 children in the designated play area at any one
time.
4. Hours of operation shall be limited to10:00 AM - 6:00 PM Monday through Friday,
with private events on Saturdays and Sundays from 10:00 AM - 6:00 PM.
5. Music or noise from the business operations shall not be audible outside of the
tenant space.
6. The business shall be closed to the public during private parties.
7. Ancillary retails sales of pre-packaged food and drinks are permitted.
8. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equip ment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director. Any changes t o
the existing facility may be subject to having fully detailed plans submitted for
plan check review and approval by the aforementioned City officials and
employees, and may subject to building permits.
9. Noncompliance with the plans, provisions and conditions of approval for CUP 17-
03 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the training facility.
10. 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.
11. Approval of CUP 17-03 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 availabl e from the Development
Services Department to indicate awareness and acceptance of these conditions
of approval
Resolution No. 1994 – CUP 17-03
139 E. Foothill Blvd.
June 27, 2017 – Page 8 of 8
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
pass a motion to approve Conditional Use Permit No. CUP 17-03, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 1994
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 pass
a motion to deny Conditional Use Permit Application No. CUP 17-03; 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 June 27, 2017 hearing, please contact Senior Planner,
Amanda Landry at (626) 821-4334, or alandry@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1994
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 3: Site Plan, Floor Plan and Business Plan
Attachment No. 4: Parking Survey
Attachment No. 5: Preliminary Exemption Assessment
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
N/A
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
C-G
Number of Units:
C
Property Characteristics
1966
17,000
226,645
0
HIGHLANDER CENTER LLC C/O GLOBE PROPERTIES
Site Address:121 E FOOTHILL BLVD
Parcel Number:5771-021-029
N/A
Zoning:
General Plan:
N/A
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:Yes
N/A
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
Yes
Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
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 generated 21-Jun-2017
Page 1 of 1
Figure 1 - View of 139 E. Foothill Blvd
Figure 2 - Adjacent Tenant Spaces
139 E. Foothill Blvd.
Figure 3 - View Looking South from Tenant Space
Figure 4 - View Looking West From Tenant Space - Note the Empty Parking Lot
Revisions:Date:Job number:Drawn:Checked:Approval:Date:Scale:Approval:-------_PARKING CALCULATION
UNIT
NUMBER TENANT BUILDING
AREA
REQUIRED
PARKING RATIO
REQUIRED
PARKING
PROVIDED
PARKING
119 DENTAL OFFICE 1,500 0.006 9 9
121 PIZZA HUT 1,210 0.005 6 6
131 & 133 DOLLAR TREE / FRESH N EASY 24,600 0.005 123 123
139 INDOOR ATHLETIC
(PLAYGROUND)
1,200
(600 INSTR.FI.)0.01 6 6
145 ICE CREAME W/ SEATING 1,600 0.005 8 8
147 NAIL SALON 800 0.005 4 4
151 DRY CLEANER 2,400 0.005 12 12
153 CIGAR PALACE 600 0.005 3 3
157 KUMON LEARNING CENTER 1,600 1Per Employee's
1Per 5 Students
2
2 4
159 & 161 MARTIAL ARTS STUDIO 3,200
(1,927 INSTR.FI.)19 19
165 RITE AID 17,000 0.005 85 85
155 DOG GROOMING 1,200 0.005 6 0
TOTAL 285 279
1/8" ALUM. PANEL
W/ BAKED ENAMEL
BACKGROUND AND
LETTERING ANCHOR
TO POST W/2-1/4 O
CARRIAGE BOLTS.
UNAUTHORIZED VEHICLES
NOT DISPLAYING
OR LICENSE PLATES ISSUED
FOR DISABLED PERSONS
WILL BE TOWED AWAY
AT OWNER'S EXPENSE.
FOR TOWED VEHICLES
CALL 949-770-6011
1
2
NOTE:
LETTERING ON SIGN
1" HT. MIN. SCREEN PRINT WHITE
OR ANY CONTRASTING COLOR.
APPROPRIATE INFORMATION MUST BE
INCLUDED ON SIGN (MIN. 1" HT.)
PRIOR TO CONSTRUCTION
1
2
HANDICAPPED PARKING
G.L.MIN. 22"MIN. 17"
DISTINGUISHING PLACARDS
RESERVED
HANDICAPPED
VAN
ACCESSIBLE
FOR
2, 7
-
8
-
4
-
5
-
3
-
0.01
PRECIOUS ONE _ 139 E. FOOTHILL BLVD., ARCADIA, CA 91008
Brand Name Quantity
American Plastic Toy Cooking Kitchen 1
Black and Decker Toy Power Tool Workshop 1
Caterpillar Ride on Dump Truck 1
Disney Princess Vehicle 1
Disney Dusty Plane 1
Fisher Price Tap and Play Tambourine 1
Fisher Price Activity Apple Book 1
Fisher Price Laugh and Learn Puzzle 1
Fisher Price Exersaucer 1
Green Toy Dump Truck 1
Green Toy Helicopter 1
Green Toy Train 1
Green Toy Submarine 1
Jinshan Slide 1
Jinshan Ballpit 1
Jinshan trampoline 1
KidKraft Play Kitchen 1
KidKraft Doll House 1
Mattel Barbie 4
Mega Bloks Set 1
Playhut Kids Tent and Tunnel 1
Step2 Easy Turn Coupe 1
Tonka Fire Truck 1
PLAY EQUIPMENT LIST
In this space, we are looking to start an indoor playground, tailored specifically for toddlers and
children (ages 1-8). Indoor playgrounds are an alternative to outdoor playgrounds, as well as a venue
for parties for children. Indoor playgrounds are a great place to introduce babies and toddlers to
socializing with peers.
With an entrance fee of around $10, a
child and his/her guardian(s) would have
an all-day access to the facility, which will
be equipped with padded flooring, toys,
bathroom, and resting areas for the
parents. Hours of operation will be from
10am to 6pm on the weekdays, and on
weekends, we will schedule private parties
from 10am-12pm, 1-3pm, and 4-6pm. We
expect about 3 parties every weekend. All
children attending must be accompanied
and supervised by an adult. There will
usually be 1 employee watching the premises. Up to 16 children may be served at any given time.
Items sold at the premises will include refrigerated bottled water, bottled juice, and individually
bagged crackers and baked chips.
Indoor playgrounds are currently being opened across Southern California, as it provides children a
safer place to play than outdoor
playgrounds. During the hot summer
months, an indoor playground is a
valuable resource for parents who want
their children to get some exercise without
the risk of sunburn and possible
dehydration.
We believe that starting an indoor
playground in the proposed location at
139 E Foothill Blvd is a good choice. This
location is surrounded by residential
housing which will be convenient for local
residents. The weekends are usually
booked for birthday parties, as it provides
an easy alternative to having a party at
home. A business that attracts parents and children is one that will always benefit the community.
Parking Study
Address: 139 E. Foothill Boulevard, Arcadia, 91006
#Occ. #Vac.#Occ. #Vac.#Occ. #Vac.
10:00 - 11:00 73 265 71 267 71 267
11:00 - 12:00 76 262 77 261 76 262
12:00 - 1:00 90 248 102 236 97 241
1:00 - 2:00 77 261 89 249 75 263
2:00 - 3:00 92 246 85 253 73 265
3:00 - 4:00 78 260 94 244 78 260
4:00 - 5:00 91 247 118 220 71 267
5:00 - 6:00 94 244 113 225 67 271
#Occ. Number of Occupied Parking
#Vac.Number of Vacant Parking
Wednesday Friday Saturday
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 17-03 for a 1200
square foot indoor playground (600 square feet of recreation area)
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):
139 E. Foothill Boulevard
(cross streets Wigwam Avenue and E. Foothill Boulevard)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Debbie Ro.
(2) Address ONE DESIGN LAB, INC.
2511 Beverly Blvd.
Los Angeles, CA 90057
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: April 13, 2017 Staff: Amanda Landry, Senior Planner