HomeMy WebLinkAboutItem 1a - Appeal of Planning Commission Approval Conditional Use Permit No. CUP 17-12
DATE: January 16, 2018
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa L. Flores, Planning & Community Development Administrator
Prepared By: Vanessa Quiroz, Assistant Planner SUBJECT: RESOLUTION NO. 7196 DENYING THE APPEAL OF THE PLANNING
COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. CUP
17-12 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”) FOR A NEW TUTORING CENTER FOR UP TO NINE STUDENTS AT 909 S. SANTA ANITA AVENUE, UNIT I
Recommendation: Adopt Resolution No. 7196 Denying the Appeal and
Upholding the Planning Commission Approval
SUMMARY
The Appellant, Kwok Ng, has filed an appeal of the Planning Commission’s decision to
approve Conditional Use Permit No. CUP 17-12 for a new tutoring center (dba: Little
Stanford Academy) with up to nine (9) students at 909 S. Santa Anita Ave, Unit I.
It is recommended that the City Council adopt Resolution No. 7196 (Attachment No. 1) denying the appeal and upholding the Planning Commission’s approval of Conditional Use Permit No. CUP 17-12, and finding that the project is Categorically Exempt under
the California Environmental Quality Act (“CEQA”).
BACKGROUND
The subject site is currently developed with an existing one-story commercial building that has 11 units (909 S. Santa Anita
Plaza). The existing uses consist of
academic consulting offices, a one-on-one
music instruction studio, Pi Tutorial Center, and a massage/spa use with two vacant units. The new tutoring center proposes to
Street view of 909 S. Santa Anita Ave
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 2 of 10
occupy a 645 square foot unit (Unit I). The site is zoned C-G (General Commercial) –
Refer to Attachment No. 2 for an aerial photo with zoning information and photos of the subject property and vicinity. The lot includes 29 parking spaces in two parking areas: the main parking area which is located in front of the building and provides 25 parking
spaces; and a small parking area along the western side of the building which provides
four (4) parking spaces. The lot is surrounded by a retail center to the south, the Los
Angeles County Golf Course to the north, and the Campus Commons senior housing development and Arcadia High School to the West.
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 No. CUP 01-18 and provides tutoring services to a maximum of 50 students. The
Applicant, Eileen Wang, also operates at 66 W. Duarte Road in partnership with the Genius Education Institute, and she is now proposing to open a new small tutoring center at 909 S. Santa Anita Avenue to serve students of middle school and high school
age.
The new tutoring center will offer tutoring services on subjects as such
as Algebra, Physics, Chemistry, and
English as well as college
preparation services. The 645 square foot unit consists of three small rooms and a reception area. The
tutoring center will provide both one-
on-one tutoring and small group
tutoring services. Each tutoring session will be approximately 2 to 2.5 hours long. 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 through 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.
At their November 14, 2017, regular public meeting, the Planning Commission
considered Resolution No. 2004 for Conditional Use Permit No. CUP 17-12, to allow a new tutoring center with up to nine (9) students at 909 S. Santa Anita Avenue, Unit I. The Planning Commission concurrently considered a parking modification for the use.
During the public comment period for the item, seven (7) employees of the Applicant
spoke in favor of the item and five (5) individuals spoke in opposition to the item.
Proposed Floor Plan
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 3 of 10
*Site Plan
Following public testimony, the Planning Commission conditionally approved the
application with a vote of 4-0, with one Commissioner absent - refer to Attachment No. 3 for the Planning Commission Staff Report, dated November 14, 2017, and Attachment No. 4 for the Planning Commission Minutes, dated November 14, 2017. Shortly before
the Planning Commission Meeting commenced, staff received three letters of objection
to the application – refer to Attachment No. 3 for the Letters of Objection.
On November 22, 2017, Kwok Ng, filed an appeal of the Planning Commission’s approval of Conditional Use Permit No. CUP 17-12 for the new tutoring center. The Appellant currently operates Pi Tutorial Center within units K and L under Conditional
Use Permit No. CUP 12-06, at the subject location – refer to Attachment No. 2 for the
Appeal Letters.
DISCUSSION
In the appeal letter, the Appellant states that the reasons for the
appeal are a lack of proper public
hearing notification, insufficient
parking, inconsistencies between the two (2) parking surveys analyzed in the Planning Commission staff
report, as well as safety and
precedent issues.
Per the Development Code Section 9108.13.020.B.1.c., a public hearing notice is issued to all owners of real
property located within a radius of
300 feet of the subject site. Public
hearing notices for the item were mailed to the owners of those properties that are located within 300 feet of the subject property on November 2, 2017, and staff did not receive any returned notices. The
public hearing notice was also published in the Arcadia Weekly on November 2, 2017.
With regard to the statement about insufficient parking available on the lot, the two
parking surveys presented in the Planning Commission Staff report illustrated that the parking demand is substantially less than the required parking, and that the lot has the capacity to accommodate the parking requirement of the tutoring center as well as the
existing uses concurrently operating within the commercial plaza. The surveys were
conducted on different dates and times to provide an accurate depiction of the parking
demand.
N
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 4 of 10
The Code requires one (1) parking space for every five (5) students under the age of
middle 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.
Parking Survey No. 1 depicted parking counts conducted at different times and dates,
and Parking Survey No. 2 was conducted as a focused parking survey. Parking Survey
No. 2 was conducted from the hours of 3:30 p.m. to 6:30 p.m. to show the parking demand during after-school hours, and as a result the surveys had different results. The two (2) parking surveys showed the parking demand of the subject property throughout
the day and indicated that the lot can accommodate the required six (6) parking spaces
for the new tutoring center.
Prior to the Planning Commission meeting, Staff visited the site on two separate occasions to observe the parking demand, and observed that at least 3-4 parking spaces are available at 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. In order to mitigate any potential parking issues within the main parking area,
the Applicant stated that as part of their business operation the employees will be directed to park along the west side of the parking lot area. Due to the subject lot’s close proximity to Arcadia High School and nearby Middle Schools, it is expected that most
students will walk to the tutoring center. Street parking is not available directly in front of
the subject site. However, street parking is available along Campus Drive within a short
walking distance to the proposed facility.
Finally, the appeal letter refers to previous attempts made by the appellant to approach the Planning Commission with requests to expand their existing center. The letter states
that the Commission rejected such attempts to expand, citing traffic and parking
concerns. There is no record of an application ever being submitted by the appellant for
the review of the Planning Commission to amend the existing Conditional Use Permit in order to expand the Pi Tutorial center at this location. It is possible that the appellant spoke informally to Planning Division staff regarding a potential expansion and this may
be what is being referred to in the appeal letter. If the appellant received discouraging
comments from the Staff on an expansion request, they still always had the option of
applying with the Planning Commission. As with any request, staff would evaluate all those items, as well as the proposed changes to the operation to ensure the site could accommodate the proposed expansion.
Subsequent to the filing of the appeal letter, on December 11, 2017, the Appellant
submitted a letter with a parking survey as well as two (2) videos – refer to Attachment
No. 2 for the letter dated, December 11, 2017, and the DVD for the videos. The parking survey indicates that the lot is close to or at full capacity during the hours from 3:00 p.m. to 7:00 p.m. However, the parking survey provided by the Appellant does not fully
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 5 of 10
represent the parking demand of the lot. Although, the Appellant states that the surveys
were conducted within the time period of November 27, 2017, to December 8, 2017, the table only provides one parking survey count for each time slot. This fails to consistently depict the parking for the entire timeline. Planning Staff visited the site several more
times and conducted parking counts – refer to parking survey under Attachment No. 5.
The parking counts indicate that the lot is not consistently close to or at full capacity
during the late afternoon/evening hours. Based on Staff’s parking counts, the lot can accommodate the required six (6) parking spaces for the new tutoring center. Additionally, staff observed multiple students walking towards the commercial plaza.
Staff also observed at least two parents utilizing the parking lot to pick up students
leaving Arcadia High School, which can impact the available parking shortly after school
is dismissed. This issue should be monitored by ownership.
The Appellant stated that the site is at full capacity and has a high traffic flow between the hours of 3:00 p.m. to 3:30 p.m. and 5:00 p.m. to 6:00 p.m. The high demand within a
limited time is not reflective of the parking demand of the site. The two videos provide a
limited glimpse to the parking demand of the lot. At maximum, the tutoring center will
have nine (9) students; however, the applicant has stated that their services will range from one-to-one tutoring to 2-3 students per tutor. The Applicant will not have a high turnover of students like Pi Tutorial which is holds two (2) tutoring sessions with up to 15
students per session during the weekdays.
Therefore, the subject site can accommodate the required parking for the new tutoring
center and the use is compatible with the other uses in the commercial plaza. The proposed project, with the recommended conditions of approval, complies with all applicable City requirements and regulations, including but not limited to building and
safety issues, and Fire Department requirements. There have been no indications that
the parking situation on-site for the uses permitted have led to parking overflows with
impacts onto street parking or adjacent properties.
FINDINGS
Section 9107.09.050(B) of the Development Code requires that the Planning
Commission or City Council may 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 city wide markets. The proposal is a commercial use
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 6 of 10
subject to the approval of a Conditional Use Permit in the C-G (General Commercial)
zone, and will not adversely affect the comprehensive General Plan. In addition, the use is consistent with the following General Plan policy:
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 applicable 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,
and the proposed use is compatible with the surrounding uses within this building
and within the area. Additionally, the proposal is in compliance with all applicable provisions of the Development Code and the Arcadia Municipal Code with regard to zoning, development standards, and design guidelines. The property features,
lighting, landscaping, and other improvements are adequate for this use.
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 commercial building. The commercial
building currently has one existing tutoring center (Pi Tutorial) 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.
Therefore, there is sufficient parking available for the tutoring center and the existing
uses.
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,
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 7 of 10
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. 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 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 requirements. Resolution No. 7196 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
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 8 of 10
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 of the Building Official,
City Engineer, Planning & Community Development Administrator, Fire Marshal, and
Public Works Services Director, or their respective designees.
CONDITIONS OF APPROVAL
It is recommended that, if approved, the project shall be subject to the conditions of approval. These are the same conditions that were approved by the Planning
Commission.
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
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 9 of 10
summer months (June through 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.
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 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.
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 Services Department to indicate awareness and acceptance of these conditions of approval.
Appeal of Planning Commission Approval
Conditional Use Permit No. CUP 17-12
(909 S. Santa Anita Ave, Unit I)
January 16, 2018 Page 10 of 10
ENVIRONMENTAL ANALYSIS
This project 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 as the use of an existing facility. Refer to Attachment No. 3 the
Planning Commission Staff Report, dated November 14, 2017, for the Preliminary
Exemption Assessment.
FISCAL IMPACT
There is no expected fiscal impact as a result of this project.
PUBLIC NOTICE/COMMENTS
A public hearing notice for this project was published in Arcadia Weekly and mailed to the
property owners located within 300 feet of the subject property on January 4, 2018. As of January 12, 2018, no additional comments were received regarding this project from the public hearing notice.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7196 denying the appeal
and upholding the Planning Commission approval of Conditional Use Permit No. CUP 17-12, with a categorical exemption under the California Environmental Quality Act (“CEQA”), for a new tutoring center for up to nine students at 909 S. Santa Anita
Avenue, Unit I.
Attachment No. 1: Resolution No. 7196
Attachment No. 2: Appellant Letters, dated November 20, 2017 and December 11,
2017, and two videos on DVD
Attachment No. 3: Planning Commission Staff Reports, dated November 14, 2017 and Letters of Objection Attachment No. 4: Planning Commission Minutes, dated November 14, 2017
Attachment No. 5: Staff Parking Survey
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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 Conditional 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 applicable 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 commercial 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. 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 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 of 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 the 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. The 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 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.
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 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 17-12, stating that the
proposal satisfies the requisite findings, and adopting 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 has 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 of PC Staff Report
Resolution No. 2004
Attachment No. 2 of PC Staff Report
Aerial Photo with Zoning
Information and Photos of the
Subject Property and the
Surrounding Properties
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.
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 of PC Staff Report
Site and Floor Plans
Attachment No. 4 of PC Staff Report
Parking Surveys and Parking
Tenant Table
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 of PC Staff Report
Preliminary Exemption
Assessment
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
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Parking Survey
Date and Time Parking Count
Monday, November 27, 2017
5:50 p.m.
23
Monday, November 27, 20176:50 p.m.20
Tuesday, November 28, 2017
3:05 p.m.
16
Tuesday, November 28, 2017 5:45 p.m.20
Wednesday, November 29, 2017 5:55 p.m.22
Thursday, November 30, 2017
4:07 p.m.
23