Loading...
HomeMy WebLinkAbout7196 RESOLUTION NO. 7196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, 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 WHEREAS, on August 7, 2017, Conditional Use Permit Application No. CUP 17- 12 with a Parking Modification was filed by Ms. Eileen Wang ("Applicant") for a tutoring center (dba: Little Stanford Academy) at 909 South Santa Anita Avenue, Unit I (the "Project"); and WHEREAS, on October 24, 2017, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and recommended 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 November 14, 2017, a duly public hearing was held before the Planning Commission on said applications, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 4-0, with one Commissioner absent, to adopt Resolution No. 2004 and conditionally approved the application; and WHEREAS, on November 22, 2017, an appeal of the Planning Commission's decision was filed by Kwok Ng; and 1 WHEREAS, on January 16, 2018, a duly noticed public hearing was held before the City Council on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL 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 16, 2018, are true and correct. SECTION 2. The City Council 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. FACT: 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 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 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. FACT: 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. 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. FACT: 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. There is sufficient parking available for the tutoring center and the existing uses. 4. The site is physically suitable in terms of: 3 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; FACT: 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. FACT: 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.). FACT: 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 4 Fire Department and Police Department, so as to ensure that the Project has no impact on 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.). FACT: 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 on utilities or the City's infrastructure resulting 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. FACT: 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. 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. 5 SECTION 3. For the foregoing reasons the City Council determines that the Project is Categorically Exempt per Class 1, Section 15301(a) of the California Environmental Quality Act ("CEQA") Guidelines, and approves Conditional Use Permit No. CUP 17-12 to allow a tutoring center at 909 South Santa Anita Avenue, Unit I, subject to the conditions of approval attached hereto. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 16th day of January , 2018. 40C4IF Mayor oft e City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: -.• -eilitate, Stephen P. Deitsch City Attorney 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7196 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 16th day of January, 2018 and that said Resolution was adopted by the following vote, to wit: AYES: Beck, Chandler, Verlato, Tay, and Amundson NOES: None ABSENT: None - .e.zo-�� Cit - - City of Arcadia 7 RESOLUTION NO. 7196 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. 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.