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HomeMy WebLinkAboutDecision Letter with AttachmentsCity of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626)574-5415 (626)447-3309 Fax www.ArcadiaCA.gov June 28, 2017 One Design Lab, Inc. Attn: Debbie Ro 2511 Beverly Boulevard Los Angeles, CA 90057 SUBJECT: Conditional Use Permit No. CUP 17-03 PROJECT ADDRESS Dear Ms. Ro; 139 East Foothill Boulevard At its June 27, 2017, meeting, the Planning Commission voted 4-0, with Commissioner Lewis absent, to approve Conditional Use Permit No. CUP 17-03 at 139 East Foothill Blvd. subject to the conditions listed in the enclosed Resolution No. 1994, which was adopted at the same June 27, 2017 Planning Commission meeting. There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $600.00 appeal fee by 5:30 p.m. on July 10, 2017. You will be notified if an appeal is filed. This approval shall expire in one year (July 11, 2018) from the effective date unless a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. An extension may be granted by the Development Services Director or designee, or the Review Authority that approved the project for a maximum period of one (1) year from the initial expiration date. An extension can only be granted if the required findings can be made. Please note that acceptance of an extension request does not indicate approval of an extension. A building permit must be obtained prior to any construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the appropriate permit. This approval letter must be presented to Building Services to initiate the permitting process. Approval of project No. CUP 17-03 shall not be of effect unless the property owner and applicant have executed and filed the enclosed Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and if it is not received by July 27 2017 this approval will become null and void. 139 E. Foothill Blvd C$nditional Use Permit No. CUP 17-03 Page Two You may visit the City's website at www.ArcadiaCA.gov/noticesanddecisions to view this notice. If you have any questions, please contact me at (626) 574-5447 or by email at alandry@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Amanda Landry, AICP Senior Planner Attachments c: Angie Zalameda, Highlander Center LLC CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division -Planning Services 240 West Huntington Drive Arcadia, CA 91007 APPLICATION NO.: Conditional Use Permit No. C SUBJECT PROPERTY: 139 E. Foothill Blvd. I amANe are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I amNVe are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). Me certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANTS SIGNATURE PRINT NAME PROPERTY OWNER'S SIGNATURE PRINT NAME DATE DATE Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and if it is not received by (30 days), this approval will become null and void and all fees will be forfeited. IM=_ SGIPA-1brl RESOLUTION NO. 1994 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, 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 WHEREAS, on February 12 2017, Conditional Use Permit Application No. CUP 17-03 was filed by Ms. Debbie Ro ("Applicant") for an indoor children's playground (dba: Precious One) at 139 E. Foothill Boulevard (the "Project"), and WHEREAS, on April 13, 2017 Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and recommends that the Planning Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on June 27, 2017 a duly noticed public hearing was held before the Planning Commission on said applications, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated June 27, 2017 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Development Code, all of the following findings can 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 compatible 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. E 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, the proposed activity will be compatible with the other existing and future land uses in the vicinity. 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. 3 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 safety 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. !! 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. 6. That this Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility, such as the subject property. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 17-03 to allow an indoor playground for children at 139 E. Foothill Boulevard, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 9 Passed, approved and adopted this 111 day of Ail C , 2017. ATTEST: CA - Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 11 ChawKn, Plaskng Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1994 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairman and attested to by the Secretary at a regular meeting of said Planning Commission held on the 27th day of June, 2017, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Chiao, Thompson and Lin NOES: None ABSENT: Commissioner Lewis (Ij - Secretary of the PfAnning Commission 7 RESOLUTION NO. 1994 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. 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 to 10:00 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. An interior window shall be installed to allow visibility into the existing storage room. 9. The Applicant/Owner shall require all employees to be CPR trained and certified 10.The Applicant/Owner shall complete a background check, such as by live scan or other similar means, for each employee prior to employment, to confirm the fitness of such employee for working safely with or in the presence of children. The Applicant/Owner shall maintain records of such background checks at all times during the employment of said persons and for a period of two (2) years following the conclusion of such employment, and shall make such records available for inspection by representatives of the City upon demand during normal business hours. 11.AII 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 to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to 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. 12. 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. t:3 13. 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. 14. 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 available from the Development Services Department to indicate awareness and acceptance of these conditions of approval (J