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HomeMy WebLinkAboutItem 1 - CUP 17-12 - 909 S. Santa Anita Ave..pdf (e2)DATE: November 14, 2017 TO: Honorable Chairman and Planning Commission FROM: Lisa Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Assistant Planner SUBJECT: RESOLUTION NO. 2004 – APPROVING CONDITIONAL USE PERMIT NO. CUP 17-12 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW TUTORING CENTER WITH UP TO NINE STUDENTS AT 909 S. SANTA ANITA AVENUE, UNIT I. Recommendation: Adopt Resolution No. 2004 SUMMARY The applicant, Ms. Eileen Wang, is requesting approval of Conditional Use Permit Application No. CUP 17-12 for a 645 square foot tutoring center (dba: Little Stanford Academy) within Unit I of the 909 Santa Anita Plaza commercial center located at 909 S. Santa Anita Avenue. The proposed tutoring center would accommodate up to nine students primarily in middle school and high school. The tutoring center will provide both one-on-one tutoring and small group tutoring services. It is recommended that the Planning Commission adopt Resolution No. 2004 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 17-12, subject to the conditions listed in this staff report. BACKGROUND Little Stanford Academy, is an existing business that is currently located in Arcadia at 2617 S. Santa Anita Avenue. That business currently operates under Conditional Use Permit (CUP 01-18) to provide tutoring services to a maximum of 50 students. The applicant is proposing to downsize their operation significantly and relocate to the subject unit at 909 S. Santa Anita Avenue since their lease was not renewed due to a potential development at their center. Street view of 909 S. Santa Anita Ave CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 2 of 9 The subject site is currently developed with an existing one -story commercial building that has 11 units. The existing uses consist of academic consulting offices, a one-on- one music instruction studio, Pi Tutorial Center, and a massage spa. The lot is surrounded by a retail center to the south, the Los Angeles County Golf Course to the north, and Arcadia High School to the west. The tutoring center is proposing to occupy a 645 square foot unit - see Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties and Attachment No. 3 for the Site and Floor Plan. The site is zoned C-G (General Commercial). ANALYSIS The Arcadia Development Code allows a tutoring center in the C-G (General Commercial) zone subject to the review and approval of a Conditional Use Permit (CUP). The Little Stanford Academy tutoring center will continue to offer the same courses at their new facility, such as Algebra, Physics, and English to middle school and high school students. The new 645 square foot unit will have three small classrooms with up to three students in each room and one instructor, and a reception area, as shown on the floor plan below. Each tutoring session will be approximately 2 to 2.5 hours long. The proposed number of persons per classroom meets the occupancy requirements allowed by the Building and Fire Code. Additionally, the interior elevations for two of the rooms will have a clear glass window and the third room (130 square feet) will have a glass door that allows for observation outside of the room - refer to the Attachment No. 3. As a condition of approval, the windows shall remain unobstructed to allow easy viewing from the hallway into the private rooms. No alteration to the exterior façade is proposed. The proposed business hours are from 12:00 p.m. to 7:00 p.m., Monday through Friday, and from 9:30 a.m. to 5:00 p.m. on Saturdays. During the summer months (June-August), the business hours will be from 9:00 a.m. to 7:00 p.m., Monday through Friday, and from 9:30 a.m. to 5:00 p.m. on Saturdays. Proposed Floor Plan CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 3 of 9 Parking Modification The Development Code sets different parking standards for a tutoring business based on the age of the students; the tutoring center proposes to serve a mix of middle to high school age students. The Code requires one (1) parking space for every five (5) students under the age of high school and one (1) parking space for every three (3) students in high school as well as one (1) for every employee. With nine (9) students and three (3) staff members, a total of six (6) parking spaces are required. With the inclusion of the proposed tutoring center, the parking requirement for all uses on the subject site is 53 parking spaces, resulting in a parking deficiency of 24 spaces. In order to analyze the actual current parking demand, the applicant and staff conducted parking surveys at different dates and times of the day to reflect the parking demand – see Attachment No. 4 for the parking surveys and tenant parking table. The surveys indicated that the parking demand is substantially less than the parking requirement and that the lot has the capacity to accommodate the parking requirements of the tutoring center as well as the existing uses concurrently operating within the plaza. The applicant conducted a focused parking survey (refer to Parking Survey No. 2 under Attachment No. 4) from the hours of 4:00 p.m. to 7:00 p.m. to show the parking demand during after-school hours. The parking survey indicated that at least 10 spaces were available at any given time. Staff also visited the site on two separate occasions to observe the parking demand, and observed that at least 3-4 parking spaces are available on the primary parking area along the front of the building and at least three (3) of the four (4) parking spaces along the western parking area were vacant. This observation of parking underutilization is consistent with the parking study that was previously approved for Pi Tutorial Center that is located within the same building. There is no indication that the parking situation on-site for the uses permitted has led to parking overflows with impacts onto street parking or adjacent properties. Based on multiple observations, it is concluded that the lot can accommodate the parking demand for the new tutoring center, and the existing businesses. As part of their business operation, the employees will be directed to park along the west side of the parking lot area, as shown in the site plan above. Site Plan CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 4 of 9 FINDINGS Section 9107.09.050(B) of the Development Code requires that the Planning Commission many approve a Conditional Use Permit only if it first makes all of the following findings: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the tutoring center at the site is consistent with the Commercial Land Use Designation of the site. The Commercial land use designation is intended to permit a wide-range of commercial uses which serve both neighborhood and citywide markets. The proposal is a commercial use permitted in the subject to the approval of a C onditional Use Permit in the C-G (General Commercial) zone, and will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policies: Economic Development Element Goal ED-1: A mix of land uses and development incentives that work to retain existing business and attract new enterprises that generate tax revenues and high - quality jobs. Land Use and Community Design Element Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other appli cable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows a tutoring center in the C-G zone subject to the review and approval of a Conditional Use Permit. After careful review of the parking demand on the lot, it was determined that the lot can accommodate the required parking of the tutoring center and the existing uses. The existing site has an existing tutoring center, as well as other educational services (office use only), professional offices, and a massage spa business. As such, the proposed tutoring center is compatible with the other businesses. Therefore, the proposal is in compliances with all applicable provisions of the Development Code and the Arcadia Municipal Code. CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 5 of 9 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 proposed 654 square foot tutoring center will occupy one (1) of 11 units within the 11,826 square foot multi -tenant commercial building. The proposed tutoring center is compatible with the operational characteristics of the existing uses in the co mmercial building. The commercial building currently has one existing tutoring center (Pi Tutorial Center) and two educational services (office use only), a music studio, and the remainder of the tenant spaces are occupied by professional office use and a massage spa. The design, location, and size of the unit can accommodate the proposed use and future land uses. There is sufficient parking available for the tutoring center and the existing uses. The property features, lighting, landscaping, and other improvements are adequate for this use. 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 site is physically suitable for the proposed tutoring center. The tutoring center will occupy an existing vacant tenant space within an existing multi-tenant commercial building. The commercial property is improved with surface parking, landscaping, and other features typical of commercial developments. The commercial center’s parking demand is significantly lower than the required parking for all uses on the subject lot. T he 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 on the southwestern intersection of Campus Drive and Santa Anita Avenue. Both streets are designated and designed with the capacity to accommodate both public and emergency vehicles. These streets are adequate in width and pavement type to carry the traffic that could be generated by the tutoring center. The proposed use will not impact these rights-of-way. 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 CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 6 of 9 requirements. Resolution No. 2004 contains the conditions of approval under the purview of the City’s safety personnel including the Fire Department, and Police Department to ensure that the project has no impact to the provisions of 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 multi- tenant commercial buildings. There are adequate utilities to service this site. 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 proposed use will not be detrimental to the public health or welfare, or the surrounding properties as the use is consistent with the existing uses on the subject lot. The size and nature of the operations of the tutoring center will not negatively affect the subject lot nor the surrounding uses and properties. The parking study conducted for the application demonstrated the site has sufficient parking available for the use and all other uses operating within the site. 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 o f the Building Official, City Engineer, Planning/Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL IMPACT If it is determined that no significant physical alterations to th e site are necessary, then this project, pertaining to the use of 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. Refer to Attachment No. 6 for the Preliminary Exemption Assessment. CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 7 of 9 PUBLIC COMMENTS/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 November 2, 2017. Th e public hearing notice was published in the Arcadia Weekly on November 2, 2017. As of November 9, 2017, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2004 approving Conditional Use Permit No. CUP 17-12 for a new tutoring center with up to nine (9) students, and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 17-12 is limited to a tutoring center and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 17 -12, 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. No more than nine (9) students of middle and high school age and three (3) staff members shall be permitted at any given time. Each classroom and office shall maintain compliance with the occupancy limits of the California Building and Fire Code. 3. Two of the classrooms will have a clear glass window that shall remain unobstructed to allow easy viewing from the hallway into the private rooms, and the third room (approximately 130 square feet) will have a glass door that allows for observation outside of the room. 4. The tutoring center business hours are limited from 12:00 p.m. to 7:00 p.m., Monday through Friday, and from 9:30 a.m. to 5:00 p.m. on Saturdays. During the summer months (June-August), the business hours are limited from 9:00 a.m. to 7:00 p.m., Monday through Friday, and from 9:30 a.m. to 5:00 p.m. on Saturdays. The staff members shall be directed to park along the west side of the parking lot area. 5. 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 may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 8 of 9 6. Noncompliance with the plans, provisions and conditions of approval for CUP 17-12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia an d 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 Ci ty 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 Govern ment 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. 8. Approval of CUP 17-12 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 Servic es 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 17-12, stating that the proposal satisfies the requisite findings, and adopt ing the attached Resolution No. 2004 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 No. CUP 17-12, stating that the finding(s) of 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 ha s any questions or comments regarding this matter prior to the November 14, 2017 hearing, please contact Assistant Planner, Vanessa Quiroz, at 626-574-5422, or by email at VQuiroz@ArcadiaCA.gov. CUP 17-12 909 S. Santa Anita Avenue, Unit I November 14, 2017 Page 9 of 9 Approved: Lisa L. Flores Planning/Community Development Administrator Attachment No. 1: Resolution No. 2004 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site and Floor Plans Attachment No. 4: Parking Surveys and Tenant Parking Table Attachment No. 5: Preliminary Exemption Assessment Attachment No. 1 Resolution No. 2004 Attachment No. 1 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and the Surrounding Properties Attachment No. 2 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 1955 11,826 0 CKD INVESTMENT LLC Site Address:909 S SANTA ANITA AVE Parcel Number:5778-014-013 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A 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 10-Oct-2017 Page 1 of 1 909 S. Santa Anita Avenue – Street view from Campus Drive 909 S. Santa Anita Avenue – Street view from S. Santa Anita Ave The Arcadia Campus Commons, a 43-unit multifamily residential complex located adjacent to the subject site. 909 S. Santa Anita Avenue – The rear of the building. The Los Angeles Golf Course – Located north of the subject. property Office building - Located north-west of the subject property Commercial buildings – Located east of the subject site Commercial buildings – Located south of the subject site Attachment No. 3 Site and Floor Plans Attachment No. 3 Attachment No. 4 Parking Surveys and Tenant Parking Table Attachment No. 4 Parking Survey #2 Time / Date 10/10/17 10/16/17 10/17/17 10/19/17 3:30pm 14 17 15 15 4:30pm 15 14 16 14 5:30pm 14 15 14 16 6:30pm 16 16 15 17 Parking Survey #1 Location Date Time Parking Count (No. of cars) Total Parking Spaces Occupancy Rate Occupancy rate + HS age parking 909 S. Santa Anita Ave 9/27/2017 9:10 – 9:25 AM 5 29 17% 45% 9/27/2017 1:41 pm 10 29 34.% 62% 9/27/2014 4:15 - 4: 25 pm 18 29 62% 90% 9/27/2017 6:46 pm 14 29 48% 76% 9/24/2017 10:40 – 11:15 AM 11 29 38% 65.5% 6/26/2017 (Summer) 1:30 PM 12 29 41% 69% Tenants and Parking Table Unit Business Name Use Size (Square feet) Parking A Mavin Academic Consulting 2,200 8.8 B Meng Huan Day Spa Massage & Facial 1,500 8 D Top Education Institute Academic Consulting 1,800 7.2 F-1 Top Education Institute Academic Consulting 570 2.3 F-2 Piano for Children Music Studio 610 2.6 G Chemtery International Inc Office 650 2.6 H Top Education Institute Academic Consulting 730 2.9 I Little Stanford Academy Tutoring Center (Proposed), currently VACANT 645 6 to 8 J VACANT N/A 520 2.1 K Pi Tutorial Tutoring Center - Office 420 1.7 L Pi Tutorial Tutoring Center 560 7 Garden Atrium N/A N/A 1,626 Subtotal (Leasable A – L) 10,200 Subtotal (Vacant I – J) 1,165 Total 11,826 53.2 Office is 1:250 Pi Tutorial and Day Spa info per CUP 12-06 Attachment No. 5 Preliminary Exemption Assessment Attachment No. 5 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 17-12 for a new 645- square-foot tutoring center within an existing commercial center (909 Santa Anita Plaza) 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): 909 South Santa Anita Plaza, Unit I (cross streets South Santa Anita Avenue and Campus Drive) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Eileen Wang (2) Address 313 East Duarte Road, #5 Arcadia, CA 91007 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(a) 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: October 24, 2017 Staff: Bryan Fernandez, Contract Planner