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HomeMy WebLinkAboutItem 1 - Amendment to CUP 09-15, 210 N. 1st Ave. DATE: January 23, 2018 TO: Honorable Chairman and Planning Commission FROM: Lisa Flores, Planning & Community Development Administrator By: Tim Schwehr, Economic Development Analyst SUBJECT: RESOLUTION NO. 2010 – APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. CUP 09-15 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO REVISE THE HOURS OF OPERATION AND MAXIMUM NUMBER OF STUDENTS PERMITTED AT ANY ONE TIME AT 210 N. FIRST AVENUE Recommendation: Adopt Resolution No. 2010 SUMMARY The applicant, Ms. Laura Powell and Mr. Brandon Kwae of Sonata Room, are requesting approval of an amendment to Conditional Use Permit Application No. CUP 09-15 to allow for extended operating hours and an increase in the maximum number of students permitted at any one time for their existing 3,200 square-foot dance studio at 210 N. First Avenue. It is recommended that the Planning Commission adopt Resolution No. 2010 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve the Conditional Use Permit Amendment, subject to the amended conditions listed in this staff report. BACKGROUND The subject property is 21,597 square feet, zoned Downtown Mixed-Use (DMU), and developed with three commercial-industrial buildings that have been adjoined as one development totaling 15,413 square feet in area. There are five ground floor units, and two second-story units. The ground floor tenants consist of the existing 3,200 square foot dance studio (CUP 09-15), a 1,495 square foot retail unit (vacant), two industrial office/warehouse units totaling 3,218 square feet (vacant), and a 5,300 square foot boutique wine & spirits store and tasting room (Vendome Wine & Spirits - CUP 16-03). The two second story units consist of a 900 square foot non-profit office and a 1,300 square foot unit that is currently vacant and was previously occupied as an office. There is a 17 space surface parking lot on-site which is accessed from Santa Clara Street. Refer to Attachment No. 2 for an Aerial Photo with Zoning Information, and photos of the subject property and surrounding properties. The subject property is located within Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 2 of 11 the Downtown Parking Overlay Zone, which allows for adaptive reuse of existing buildings without requiring additional parking for a change in use on the ground floor. This incentive is not for any new construction, additions to an existing structure, and uses on the upper floors. The intent is to activate the uses on the ground floor to provide opportunities for economic development within the Downtown area. In September of 2009, the Planning Commission approved Conditional Use Permit No. CUP 09-15 for the subject 3,200 square foot dance studio (Sonata Room) -refer to Attachment No. 6 for a copy of the staff report for CUP 09-15 and approval Resolution No. 1802. This Conditional Use Permit allows for ballroom dancing classes and related events within the following operating hours and maximum number of students/participants at any one time: • Monday - Thursday: 4 students from 12:00 p.m.- 5:00 p.m.; and 20 students from 7:00 p.m. - 10:30 p.m. • Friday: 4 students from 12:00 p.m. - 5:00 p.m.; and 40 students from 7:00 p.m. - 11:00 p.m. • Saturday: 4 students from 12:00 p.m. - 5:00 p.m.; and 40 students from 7:00 p.m. - 12:00 a.m. • Sunday: No classes PROPOSAL The proposal would amend Conditional Use Permit No. CUP 09-15 to extend the operating hours and an increase in the maximum number of students/participants at any one time. Refer to Attachment No. 4 for the Applicant’s amendment request letter and additional details on their business operation. The proposed hours and maximum number of students/participants are as follows: • Monday through Thursday: 10 students from 10:00 a.m. - 7:00 p.m.; and 50 students from 7:00 p.m. - 11:00 p.m. • Friday: 10 students from 10:00 a.m. - 7:00 p.m.; and 120 students from 7:00 p.m. -1 a.m. • Saturday: 50 students from 11:00 a.m. - 3 p.m.; 10 students from 3:00 p.m. – 7:00 p.m.; and 120 students from 7:00 p.m. - 1:00 a.m. • Sunday: 50 students from 12:00 p.m. – 5:00 p.m.; and 120 students from 7:00 p.m. – 12:00 a.m. Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 3 of 11 The proposal also includes a small increase in the size of the dance floor from 1,295 square-feet approved by CUP 09-15 to 1,400 square-feet proposed, as shown below. Refer to Attachment No. 3 for the site plan and floor plan. No other changes are proposed to the interior or exterior of the dance studio, or to the business operating conditions. The business owners anticipate that on most weekends the total number of people will not exceed 50 students/participants at any one time. However, a few times per month they would like to hold a few dance events for students and other attendees, and would like to increase the maximum number of students/participants at any one time for these events. ANALYSIS The Sonata Room is a successful Downtown Arcadia business that attracts patrons to the area and brings significant vitality and activity to this commercial district. From an Economic Development perspective, this is the type of use that helps achieve the General Plan vision for the Downtown as a vibrant, mixed-use area. For the Downtown Mixed Use area, the City’s General Plan states that parking should be looked at differently than for other areas of the City: The goal for Downtown is to have visitors park once and be able to walk to any destination in the district, such as people do at a shopping mall. One method for achieving this is shared parking, whereby a business’s parking requirement could be fulfilled offsite at a common lot shared with the other businesses in the neighborhood. In addition to ensuring that customers do not have to drive and re-park to patronize more than one establishment, shared parking also makes it possible for businesses to use commercial space that they would not be able to Figure 1: Sonata Room Floor Plan Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 4 of 11 if they had to provide parking onsite. This helps to remove a major obstacle to commercial vitality while continuing to ensure that sufficient parking is available to serve the district as a whole. The proposed amendment to the Conditional Use Permit would limit classes to no more than 10 students during weekday business hours, which is when the surrounding street parking and public parking lots in the area are most heavily utilized. On evenings and weekends, the use of public parking in the area is significantly lower and adequate to accommodate the proposed number of students/attendees. With the 10 student restriction in place on class sizes during weekday business hours, the proposal to extend the operating hours on Monday through Saturday, and allow for Sunday classes/activities, is not anticipated to result in negative impacts to the surrounding area or businesses and properties in the vicinity. The proposed late night hours (past midnight) are consistent with Economic Development goal of attracting more vibrant, after-hour uses to the area. Based on the current approved mix of uses, the parking requirement for the site is 45 spaces, a deficiency of 28 spaces per Code. The proposed increased in the usable dance floor area from 1,295 square feet to 1,400 square feet would result in a one- space parking increase by Code based on a parking requirement of one parking space per 133 square-feet of dance floor area (i.e., one space per 100 square-feet of dance floor area with a 25% reduction being located within ¼-mile of the Metro Gold Line Station). The remainder of the floor area will continue to be used as office, restrooms, storage, and other non-dance floor activities. Use Size Parking Requirement Dance Studio 3,200 sf (1,400 sf dance floor) 10.5 spaces Offices 2,200 sf 6.6 spaces Industrial Warehouse Space 3,218 sf 4.8 spaces Metro Teahouse 1,495 sf 5.2 spaces Vendome Wine & Spirits 5,300 sf 18.5 spaces Total 15,413 46 spaces The site’s location within the Downtown Parking Overlay Zone allows for adaptive reuse of existing buildings without the need to provide additional on-site parking. In practice, patrons of this business will use the on-site parking lot; nearby public street parking on First Avenue, Santa Clara Street, and St. Joseph Street; and the three city-owned public parking lots accessed from Wheeler Avenue. The only time limitations on public parking in the immediate vicinity is a 2-hour time limit on the north side of St. Joseph between First Ave and Second Ave; a 2-hour time limit on First Ave south of Santa Clara Street; and 30-minute and 2-hour time limits for some of the public parking lot spaces. The public parking is most heavily utilized during normal weekday business hours, and at these times the subject business will only have a maximum of 10 students. Outside of weekday business hours, the public parking in the area is predominately unoccupied and available to accommodate the higher number of students proposed by this CUP amendment. It should also be noted that Sonata Room currently has an informal Table 1: Parking requirement for subject site including proposed CUP amendment Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 5 of 11 agreement to use the private parking lot located on the property immediately to the north at 220 N. First Avenue - refer to Attachment No. 4 for a copy of this agreement. However, this arrangement cannot be formalized through a covenant as the property owners of 220 N. First Avenue intends to redevelop their property sometime in the near future. Staff is recommending that a condition be included as part of this amendment to allow the City to bring back the CUP before the Planning Commission for review in the event that the extended operating hours and/or number of students results in any adverse impacts to the neighboring businesses and properties and on/off-street parking (refer to amended condition of approval no. 2). The proposed Conditional Use Permit amendment has been reviewed by the various City Departments, including the Arcadia Police Department, and there are no objections to the proposed use. The Applicant has submitted a letter of support from the Downtown Arcadia Improvement Association, included as Attachment No. 5. FINDINGS Section 9107.09.050(B) of the Development Code requires that the Planning Commission many approve an amendment to 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: The dance studio at the site is consistent with the Downtown Mixed Use Land Use Designation of the site. The designation is intended to permit a range of commercial uses consistent with a mixed-use commercial- residential district. The proposed amendments will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element • Goal LU-6: Attractive and vibrant commercial corridors that provide for the retail, commercial, and office needs of Arcadia with extended opportunities for mixed-use development. • Goal LU-10: A thriving Downtown, with healthy commercial areas supported by high-quality, residential uses and supportive of the Metro Gold Line transit station • Policy LU-10.2: Promote the Metro Gold Line Extension and establishment of a transit station in Downtown Arcadia, and take full advantage of the Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 6 of 11 opportunities the Gold Line station will bring to Downtown and the City as a whole. • Policy LU-10.4: Establish commercial uses that complement the vision of the Downtown core with opportunities for more intense, quality development at key intersections that are unique from the regional offerings at the regional mall. • Policy LU-10.10: Establish a “park once” system in Downtown with a collection of shared surface and parking structures. Economic Development Element • Goal ED-2: Re-creation of Downtown as the social and symbolic “Heart of the City”. • Policy ED-2.3: Adjust parking standards for Downtown to allow for shared parking arrangements, use of public parking lots and structures, and reduced parking requirements. 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 DMU, Downtown Mixed Use. Per Arcadia Development Code Section 9109.01.090, the current 3,200 square foot dance studio is classified as a Health and Fitness Facility. Per Arcadia Development Code Section 9102.05.020, Table 2-10, the dance studio remains an allowable use in the DMU zone subject to the review and approval of a Conditional Use Permit. An amendment to the approved operating conditions is subject to the review and approval of the Planning Commission. The site location within the Downtown Parking Overlay Zone allows for adaptive reuse of existing buildings without the requirement to provide additional on-site parking. The proposal is in compliance with all applicable provisions of the Development Code and the Arcadia Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The existing dance studio has been at this location since 2009 and is compatible with the operational characteristics of the other existing uses in the commercial building and those of the surrounding properties. There is enough public parking nearby and parking spaces on-site to handle the demand to allow no more than 10 students during normal weekday business hours, and additional students/participants during the extended hours. The property features, lighting, landscaping, and other improvements are typical of commercial developments and adequate for this use. Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 7 of 11 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 to continued use as a dance studio. The use is in compliance with all applicable fire codes and building and safety codes. The commercial property is improved with surface parking, landscaping, and other features typical of commercial developments. The proposed use is not anticipated to generate parking demands greater than what the existing parking lot and nearby public parking can accommodate. 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: This is a corner property is located on First Avenue and Santa Clara Street, which are both 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 amended dance studio. There is also a public alley abutting the north-end of the property. The proposed amendments 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. 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 CUP amendment. 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. Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 8 of 11 Facts to Support This Finding: The extended operating hours and increased number of students/participants for the dance studio will not be detrimental to the public health or welfare, or the surrounding properties. There are no noise-sensitive land uses in the immediate area that will be affected by the extended operating hours and increased number of students/participants. The use is consistent with other uses in the Downtown Arcadia commercial district, and the extended hours and increased number of attendees is likely to have positive spill-over impacts for other businesses in the district in the form of more customers. The size and nature of the subject business operations will not negatively affect the subject lot nor the surrounding uses and properties. The on-site parking and public parking in the vicinity are adequate to accommodate the proposed operating hours and number of students/participants, and are consistent with the provisions of the Downtown Parking Overlay Zone and General Plan vision and goals for the area. The proposed amendment to Conditional Use Permit No. CUP 09-15, with the recommended amended conditions of approval, will satisfy each prerequisite condition. 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. 7 for the Preliminary Exemption Assessment. PUBLIC COMMENTS/NOTICE Public hearing notices for this item were published in the Arcadia Weekly and mailed to the owners of those properties that are located within 300 feet of the subject property on January 11, 2018. As of January 17, 2018, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2010 approving an amendment to Conditional Use Permit No. CUP 09-15 to revise the operating hours and maximum number of students permitted at any one time, and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the amended conditions of approval. 1. There shall be a maximum of four (4) students from 12:00 p.m. to 5:00 p.m., Monday to Saturday, twenty (20) students from 7:00 p.m. to 10:30 p.m., Monday to Thursday, forty (40) students from 7:00 p.m. to 11:00 p.m. on Friday, and forty (40) students from 7:00 p.m. to 12:00 a.m. on Saturday. Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 9 of 11 2. The hours of operation shall be limited to 12:00 p.m. to 10:30 p.m., Monday to Thursday, 12:00 p.m. to 11:00 p.m. on Friday, and 12:00 p.m. to 12:00 a.m. on Saturday. 1. The hours of operation and the maximum number of students permitted at any one time shall be limited to the following: • Monday—Thursday: 10 students from 10:00 a.m. – 7:00 p.m.; and 50 students from 7:00 p.m. – 11:00 p.m. • Friday: 10 students from 10:00 a.m. – 7:00 p.m.; and 120 students from 7:00 p.m. – 1:00 a.m. • Saturday: 50 students from 11:00 a.m. – 3:00 p.m.; 10 students from 3:00 p.m. – 7:00 p.m.; and 120 students from 7:00 p.m. – 1:00 a.m. • Sunday: 50 students from 12:00 p.m. – 5:00 p.m.; and 120 students from 7:00 p.m.—12:00 a.m. 2. The use approved is limited to a dance studio, and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved with this amendment for Conditional Use Permit No. CUP 09-15, 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. No Planning Commission hearing shall be required unless significant operation modifications are proposed, of it required by the Planning & Community Development Administrator; in which case, the application may be referred to the Planning Commission. 3. The use approved by this amendment to Conditional Use Permit No. CUP 09-15 is limited to the dance studio. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-15. 4. Noncompliance with the plans, provisions and conditions of approval for this amendment to Conditional Use Permit No. CUP 09-15 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the dance studio. 5. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department. 6. Approval of this amendment to Conditional Use Permit No. CUP 09-15 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 10 of 11 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve an amendment to Conditional Use Permit No. CUP 09-15, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2010 that incorporates the requisite environmental and Conditional Use Permit findings and the amended 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 the amendment to Conditional Use Permit No. CUP 09-15, 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 January 23, 2018 hearing, please contact Tim Schwehr, Economic Development Analyst at 626-574-5409, or by email at Tschwehr@ArcadiaCA.gov . Approved: Lisa L. Flores Planning/Community Development Administrator Amendment CUP 09-15 210 N. First Avenue January 23, 2018 Page 11 of 11 Attachment No. 1: Resolution No. 2010 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site and Floor Plan Attachment No. 4: Amendment Request Letter and Supplemental Information Attachment No. 5: Downtown Arcadia Improvement Association Letter of Support Attachment No. 6: September 22, 2009 Staff Report and Resolution No. 1802 Attachment No. 7: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2010 1 RESOLUTION NO. 2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. CUP 09-15 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO REVISE THE HOURS OF OPERATION AND MAXIMUM NUMBER OF STUDENTS PERMITTED AT ANY ONE TIME AT 210 N. FIRST AVENUE WHEREAS, on September 22, 2009, the Planning Commission approved Resolution No. 1802 approving Conditional Use Permit Application No. CUP 09-15 for a 3,200 square-foot dance studio (dba: Sonata Room) at 210 N. First Avenue; and WHEREAS, on November 27, 2017, an application to amend Conditional Use Permit No. CUP 09-15 was filed by Ms. Laura Powell and Mr. Brandon Kwae (“Applicants”) to revise the permitted hours of operation and the maximum number of students allowed at any one time for the 3,200 square-foot dance studio at 210 N. First Avenue (the “Project”); and WHEREAS, on December 20, 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 January 23, 2018, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. 2 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 January 23, 2018 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 dance studio at the site is consistent with the Downtown Mixed Use Land Use Designation of the site. The designation is intended to permit a range of commercial uses consistent with a mixed-use commercial-residential district. The proposed amendments will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element • Goal LU-6: Attractive and vibrant commercial corridors that provide for the retail, commercial, and office needs of Arcadia with extended opportunities for mixed-use development. • Goal LU-10: A thriving Downtown, with healthy commercial areas supported by high-quality, residential uses and supportive of the Metro Gold Line transit station. • Policy LU-10.2: Promote the Metro Gold Line Extension and establishment of a transit station in Downtown Arcadia, and take full advantage of the opportunities the Gold Line station will bring to Downtown and the City as a whole. 3 • Policy LU-10.4: Establish commercial uses that complement the vision of the Downtown core with opportunities for more intense, quality development at key intersections that are unique from the regional offerings at the regional mall. • Policy LU-10.10: Establish a “park once” system in Downtown with a collection of shared surface and parking structures. Economic Development Element • Goal ED-2: Re-creation of Downtown as the social and symbolic “Heart of the City”. • Policy ED-2.3: Adjust parking standards for Downtown to allow for shared parking arrangements, use of public parking lots and structures, and reduced parking requirements. 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 DMU, Downtown Mixed Use. Per Arcadia Development Code Section 9109.01.090, the current 3,200 square-foot dance studio is classified as a Health and Fitness Facility. Per Arcadia Development Code Section 9102.05.020, Table 2-10, the dance studio remains an allowable use in the DMU zone subject to the review and approval of a Conditional Use Permit. An amendment to the approved operating conditions is subject to the review and approval of the Planning Commission. The site location within the Downtown Parking Overlay Zone allows for adaptive reuse of existing buildings without the requirement to provide additional on-site 4 parking. The proposal is in compliance with all applicable provisions of the Development Code and the Arcadia Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The existing dance studio has been at this location since 2009 and is compatible with the operational characteristics of the other existing uses in the commercial building and those of the surrounding properties. There is enough public parking nearby and parking spaces on-site to handle the demand to allow no more than 10 students during normal weekday business hours and additional students/participants during the extended hours. The property features, lighting, landscaping, and other improvements are typical of commercial developments and 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 to continued use as a dance studio. The use is in compliance with all applicable fire codes and building and safety codes. The commercial property is improved with surface parking, landscaping, and other features typical of commercial developments. The proposed use is not anticipated to generate parking demands greater than what the existing parking lot and nearby public parking can accommodate. 5 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: This is a corner property is located on First Avenue and Santa Clara Street, which are both 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 amended dance studio. There is also a public alley abutting the north-end of the property. The proposed amendments 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. 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 CUP amendment. 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. 6 Facts to Support This Finding: The extended operating hours and increased number of students/participants for the dance studio will not be detrimental to the public health or welfare, or the surrounding properties. There are no noise-sensitive land uses in the area that will be affected by the extended operating hours and increased number of students/participants. The use is consistent with other uses in the Downtown Arcadia commercial district, and the extended hours and increased number of attendees is likely to have positive spill-over impacts for other businesses in the district in the form of more customers. The size and nature of the subject business operations will not negatively affect the subject lot nor the surrounding uses and properties. The on-site parking and public parking in the vicinity are adequate to accommodate the proposed operating hours and number of students/participants, and are consistent with the provisions of the Downtown Parking Overlay Zone and General Plan vision and goals for the area. 6. That this Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301(a) of the California Environmental Quality Act (CEQA) Guidelines, and approves an amendment to Conditional Use Permit No. CUP 09-15 to revise the permitted hours of operation and the maximum number of students permitted at any one time for the dance studio at 210 N. First Avenue, subject to the amended conditions of approval attached hereto. 8 RESOLUTION NO. 2010 Amended Conditions of Approval of CUP 09-15 1. There shall be a maximum of four (4) students from 12:00 p.m. to 5:00 p.m., Monday to Saturday, twenty (20) students from 7:00 p.m. to 10:30 p.m., Monday to Thursday, forty (40) students from 7:00 p.m. to 11:00 p.m. on Friday, and forty (40) students from 7:00 p.m. to 12:00 a.m. on Saturday. 2. The hours of operation shall be limited to 12:00 p.m. to 10:30 p.m., Monday to Thursday, 12:00 p.m. to 11:00 p.m. on Friday, and 12:00 p.m. to 12:00 a.m. on Saturday. 1. The hours of operation and the maximum number of students permitted at any one time shall be limited to the following: • Monday—Thursday: 10 students from 10:00 a.m. – 7:00 p.m.; and 50 students from 7:00 p.m. – 11:00 p.m. • Friday: 10 students from 10:00 a.m. – 7:00 p.m.; and 120 students from 7:00 p.m. – 1:00 a.m. • Saturday: 50 students from 11:00 a.m. – 3:00 p.m.; 10 students from 3:00 p.m. – 7:00 p.m.; and 120 students from 7:00 p.m. – 1:00 a.m. • Sunday: 50 students from 12:00 p.m. – 5:00 p.m.; and 120 students from 7:00 p.m.—12:00 a.m. 2. The use approved is limited to a dance studio, and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved with this amendment for Conditional Use Permit No. CUP 09-15, 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. No Planning Commission hearing shall be required unless significant operation modifications are proposed, of it required by the Planning & Community Development Administrator; in which case, the application may be referred to the Planning Commission. 3. The use approved by this amendment to Conditional Use Permit No. CUP 09-15 is limited to the dance studio. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-15. 4. Noncompliance with the plans, provisions and conditions of approval for this amendment to Conditional Use Permit No. CUP 09-15 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the dance studio. 9 5. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department. 6. Approval of this amendment to Conditional Use Permit No. CUP 09-15 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. Attachment No. 2 Attachment No.2 Aerial Photo with Zoning Information & Photos of Subject Property and Vicinity SUBJECT PROPERTY – FIRST AVENUE FRONTAGE SUBJECT PROPERTY – SANTA CLARA STREET FRONTAGE SONATA ROOM BUSINESS FRONTAGE SONATA ROOM BUSINESS FRONTAGE SUBJECT BUSINESS – INTERIOR SUBJECT BUSINESS – EVENT PHOTO SUBJECT PROPERTY – 17-SPACE ON-SITE PARKING LOT SUBJECT PROPERTY – REAR ALLEY SOUTH OF SUBJECT PROPERTY NORTH OF SUBJECT PROPERTY EAST OF SUBJECT PROPERTY WEST OF SUBJECT PROPERTY NORTHWEST OF SUBJECT PROPERTY SOUTHWEST OF SUBJECT PROPERTY Attachment No. 3 Attachment No. 3 Site Plan & Floor Plan Attachment No. 4 Attachment No. 4 Amendment Request Letter and Supplemental Information about Business Attachment No. 5 Attachment No. 5 Downtown Arcadia Improvement Association (DAIA) Letter of Support Attachment No. 6 Attachment No. 6 September 22, 2009 Staff Report and Resolution No. 1802 Attachment No. 7 Attachment No. 7 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: Amendment to Conditional Use Permit No. CUP 09-15 for expanded operating hours and an increase in the maximum number of students for an existing 3,200 square-foot dance studio. 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): 210 N. First Ave (Between Santa Clara Street and St. Joseph Street) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Laura Powell & Brandon Kwae (2) Address 210 N. First Avenue Arcadia, CA 91006 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: Section 15301; Use of existing facilities. 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: December 20, 2017 Staff: Tim Schwehr, Economic Development Analyst