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Home My WebLink AboutDecision Letter - Amendment to CUP 09-15January 24, 2018 CO0°i°n{�y °t N°mo Laura Powell & Brandon Kwae 210 N. First Ave City of Arcadia, CA 91006 Arcadia Subject: Amendment to Conditional Use Permit No. CUP 09-15 Project Address: 210 N. First Avenue Development Dear Ms. Powell and Mr. Kwae: Services At its January 23, 2018 meeting, the Planning Commission voted 4-0 to Department approve an Amendment to Conditional Use Permit No. CUP 09-15 at 210 N. First Avenue, subject to the amended conditions listed in the enclosed Resolution No. 2010. Jason Kruckeberg There is a ten (10) day appeal period for this application. To file an appeal, Assistant 0 v Manager/ a completed Appeal Application form must be submitted to the Community Deveiapmensetvices Development Division along with a $600.00 appeal fee by 5:30 p.m. on Director i rec1 or Monday,February 5, 2018. You will be notified if an ry appeal is filed. Approval of the Amendment to Conditional Use Permit No. CUP 09-15 shall not be of effect until the property owner and applicant have executed and filed the enclosed Acceptance Form to indicate awareness and acceptance of these conditions of approval. If you have any questions, please contact me at (626) 574-5409, or by email at TSchwehraArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Tim Schwehr Economic Development Analyst c: Ron Mills, Property Owner Enclosure: Resolution No. 2010 240 West liunlington Drive Acceptance Form Post Office Box 60021 Arcadia. CA 91066-6021 (626)5745415 (626)447-3309 Fax ww«.ArcadiaCA.gov 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. 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. City" Economic Development Element • Goal ED -2: Re-creation of Downtown as the social and symbolic "Heart of the 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 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. 5 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 23`d day of January, 2018, ATTEST: Secretary Lisa Flores APPROVED AS TO FORM. P b e �: Steph�eitsch City Attorney Ken irrmh n� han Planning Commission RESOLUTION NO. 2010 Amended Conditions of Approval of CUP 09-15 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 and conditions of this Conditional Use Permit may be adjusted after due notice to the property owner/permittee 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, or it is 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 0