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HomeMy WebLinkAboutItem 2 - 900 S. Baldwin Ave - CUP 17-13DATE: February 27, 2018 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Jordan Chamberlin, Associate Planner SUBJECT: RESOLUTION NO. 2012 – APPROVING CONDITIONAL USE PERMIT NO. CUP 17-13 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 17- 05 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW MUSIC SCHOOL WITH UP TO FIFTY STUDENTS AND NINE TEACHERS AT 900 S. BALDWIN AVENUE. Recommendation: Adopt Resolution No. 2012 SUMMARY The applicant, Mr. Steven Chen, is requesting approval of Conditional Use Permit Application No. CUP 17-13 and Architectural Design Review No. ADR 17-05 for a music school (dba: 360 Education Academy) to occupy the existing 4,541 square foot standalone commercial building at 900 S. Baldwin Avenue. The proposed music school would accommodate up to 50 students under high school age and nine (9) teachers. The music school will also provide one-on-one music lessons, group music theory classes, as well as tutoring services in other subjects as part of the curriculum . Minor façade improvements are proposed to accommodate the new use. It is recommended that the Planning Commission adopt Resolution No. 2012 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 17-13 and Architectural Design Review No. ADR 17-05, subject to the conditions listed in this staff report. BACKGROUND The subject property is a 21,177 square foot interior lot, zoned C-G (General Commercial), that is currently developed with a 4,541 square foot, one-story commercial building. The General Plan Land Use Designation is Commercial. The building is currently vacant, but was previously occupied by a home goods store. The lot is surrounded by other commercial properties to the north, south, and west, and multiple- family developments to the east – refer to Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties. Access to the lot is provided from S. Baldwin Avenue. A driveway along the northerly property line provides access to the rear parking area. There are 15 parking spaces on-site behind CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 2 of 10 the building. This driveway also provides access to the parking area for the neighboring property to the north – refer to Attachment No. 3 for the Architectural Plans. PROPOSAL The Applicant is requesting a Conditional Use Permit to operate a music school, dba: 360 Education Academy. The music school will offer programs that are three months in length focusing on music education and one-on-one piano lessons for students that are under high school age. As part of the curriculum, the school will be offering art, math, and language classes to their students. Each class session will be approximately an hour-and-a half long. There will be a maximum of 50 students and nine instructors on - site at any one time. The proposed business hours are from 9:00 a.m. to 9:00 p.m., seven days a week. Given that this is a music school, they will have several m usic recitals throughout the year, and those events will end at 10:00 p.m. The interior and exterior of the building will be remodeled to accommodate the proposed use. The interior remodel includes creating a large auditorium/classroom, a recording room, recording equipment room, 11 smaller study and practice rooms, storage areas, men’s and women’s restrooms, and a lobby and sitting area, as shown in Figure 1. Full height glass walls or glass doors are provided in every classroom to allow for observation from outside of the room – refer to Attachment No. 3 for proposed floor plan and interior elevation drawings. The applicant is also proposing minor façade improvements. Along S. Baldwin Avenue the existing storefront windows and door will be replaced with new full height glass windows and a new glass entry door. The existing brick will be covered with grey colored stucco, the existing wood panel on the front elevation will be painted black, and two new wall sconces will also be added. On the north and east side of the building the existing stucco color will be changed from tan to white. To comply with accessible parking requirements under the Building Code, the Development Code parking standards, and to improve the on-site circulation, the Figure 1. Proposed Floor Plan CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 3 of 10 parking lot area behind the building will be restriped. The existing island of seven parking stalls will be removed and four new parking spaces, including one ADA accessible space will be added along the southerly side property line. The new ADA space will be adjacent to an existing accessible ramp and the rear en trance of the building. The new parking layout in the rear will improve the on -site vehicular circulation and provide a convenient pick-up and drop-off location for students who will primarily enter and exit from the rear of the building. Along the north side of the building, the existing accessible ramp and side entrance door will be removed and three parallel parking spaces, to make up of for the remaining three parking spaces that were removed from the rear parking lot area, will be added. Three bike rac ks and a new electrical room will also be placed on the north side of the building. ANALYSIS The Arcadia Development Code allows educational uses and tutoring centers in the C - G (General Commercial) zone subject to the review and approval of a Conditional Use Permit (CUP). The proposed number of persons per classroom meets the occupancy requirements allowed by the Building and Fire Code. Each classroom and study area will have either full height glass walls or glass doors to allow for observation from outside of the room . As an added condition of approval, the windows and doors shall remain unobstructed to allow for easy viewing from the hallway into the private rooms. The existing parking lot does not comply with the accessible parking requirements under the Building Code or the off-street parking requirements for non-residential uses under the Development Code since all of the spaces are either substandard or do not have adequate back-up clearance. The applicant’s proposal to restripe the parking lot will create a new ADA parking space and bring all but two of the existing parking spaces Figure 2. Proposed Site Plan CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 4 of 10 into compliance with the Development Code. The parking lot surface is in poor condition and needs to be repaved. Also, many of the features required in a parking lot are not provided or are inadequate such as lighting, signage, and wheel stops. As a condition of approval, staff recommends that the parking lot be repaved, and brought into compliance with Development Code requirements regarding lighting, signage, and wheel stops, subject to review and approval by the Planning & Community Development Administrator or designee. Staff has also added a condition that the existing trash enclosure behind the building will be brought into compliance with the Development Code by providing a solid roof for runoff and metal gates. For a music school that serves only students under high school age, the Development Code requires one (1) parking space for every five (5) students and o ne (1) for every employee. With 50 students and nine staff members, a total of 19 parking spaces are required, resulting in a parking deficiency of three spaces. Since all of the students will be under driving age it is unlikely that the parking spaces will be heavily utilized. The revised parking lot layout will provide a convenient pick-up and drop-off location in the rear parking lot area. The long driveway combined with the efficient on-site vehicular circulation will allow all of the vehicles to be accommodated on the subject site; there should be no impact along S. Baldwin Avenue or to neighboring properties. If adverse impacts to the adjacent streets, rights-of-way, or the neighboring businesses and properties begin to occur, staff has included as a condition of approval, that the provisions of the Conditional Use Permit can be adjusted by the Planning & Community Development Administrator to address any adverse impacts – refer to Condition No. 1. The proposed façade changes will be a welcome improvement since significant maintenance to the building has not been done in many years. Staff has added as a condition of approval, that the solid rear entry door be replaced with a storefront door since the primary entrance for students will be at the r ear and it will help create a more welcoming appearance. The simple but modern design changes that are proposed will be compatible with the other businesses located along this portion of the S. Baldwin Avenue commercial corridor. FINDINGS Section 9107.09.050(B) of the Development Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the music school 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 designation allows a broad array of commercial enterprises, including educational uses. The building is currently vacant and has been for many years. The proposed use will fill a vacancy and will be an CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 5 of 10 improvement to the area. 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-3: A strong commercial and industrial economic base. Land Use and Community Design Element  Policy LU-6.8: Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. 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 music school in the C-G zone subject to the review and approval of a Conditional Use Permit. There is a parking deficiency of three spaces for the proposed use. Since all of the students will be under driving age it is unlikely that the parking spaces will be heavily utilized. The convenient pick-up and drop-off location combined with the long driveway will ensure that all of the vehicles can be accommodated on the subject site; there should be no impact along S. Baldwin Avenue or to the surrounding businesses. The proposal complies with all other applicable provisions of the Development Code and the 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 proposed music school will occupy the entire 4,541 square foot commercial building. Minor façade improvements are proposed to enhance the building for the new business. The existing parking lot will be repaved and restriped to comply with accessibility requirements as well as improve the vehicular circulation for student pick-up and drop-off activities. Although there is a parking deficiency of three spaces, the music school will only cater to students that do not drive and the vehicular circulation of the site will be improved to provide a convenient pick-up and drop-off location for students. With these changes, there will be minimum impacts to the surrounding properties and businesses from the proposed use. The proposed hours of operation are from 9:00 a.m. to 9:00 p.m., seven days a week and until 10:00 p.m. for music recitals. The proposed hours of operation are consistent with the surrounding commercial businesses. With the proposed changes to the site, the design, location, and size of the building will be CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 6 of 10 able to accommodate the proposed use. 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 music school. The music school will occupy an existing vacant commercial building. The commercial property is improved with surface parking, landscaping , and other features typical of commercial developments. The existing parking lot will be repaved and restriped to comply with ADA accessibility requirements as well as improve the vehicular circulation for student pick-up and drop-off activities. As a condition of approval the parking lot shall comply with the Development Code and Building Code requirements regarding parking lot lighting, signage, striping, and wheel stops. Since the music school will only cater to students that do not drive and the on-site vehicular circulation will be improved, the proposed parking deficiency of three spaces should not create any negative impacts to neighboring uses or properties. The existing trash enclosure does not comply with the current Development Code regulations and will need to be upgraded. The parking lot will be repaved and restriped and be required to comply with the Development Code and Building Code regarding parking lot lighting, signage, striping, and wheel stops. The existing landscape planter walls will be repaired or replaced as needed and the existing trash enclosure be upgraded to be fully-roofed with metal gates. With these modifications the site will be suitable for the proposed use. 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 along S. Baldwin Avenue which is designated and designed with the capacity to accommodate both public and emergency vehicles. The street is adequate in width and pavement type to carry the traffic that could be generated by the music school. 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 commercial building that complies with current safety requirements. Resolution No. 2012 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. CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 7 of 10 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 an existing commercial building. 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. The size and nature of the operations of the music school will not negatively affect the subject lot or the surrounding businesses and properties. Although there is a parking deficiency of three spaces for the proposed use, t he music school will only cater to students that do not drive and the vehicular circulation of the site will be improved to provide a convenient pick-up and drop-off location for students. With these changes, the site will be able to accommodate the proposed use and should not create any negative impacts to neighboring uses or properties or adversely affect the public convenience, health, interest, safety, or general welfare or the surrounding businesses or residents. 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 It has been determined that no significant physical alterations to the site are necessary. Therefore the project is exempt as a Class 1 Categorical Exemption as an existing facility from the requirements of the California Environmental Quality Act (CEQA) under Section 15301(a) of the CEQA Guidelines. Refer to Attachment No. 4 for the Preliminary Exemption Assessment. CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 8 of 10 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 and published in the Arcadia Weekly on February 15, 2018. As of February 22, 2018, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2012 approving Conditional Use Permit No. CUP 17-13 and Architectural Design Review No. ADR 17- 05 for a new music school with up to 50 students and nine (9) teachers, 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 17-13 and ADR 17-05 is limited to a music school and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 17-13 and ADR 17-05, 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 50 students under high school age and nine (9) 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. The music school business hours are limited from 9:00 a.m. to 9:00 p.m., seven days a week. For music recitals, the business hours may be extended to 10:00 p.m. 4. The windows and glass doors into each classroom shall remain unobscured to allow easy viewing from the hallway into the private rooms. 5. Prior to issuance of a Certificate of Occupancy from the Building Division, the applicant/property owner shall repave and restripe the existing parking lot area to the satisfaction of the Planning & Community Development Administrator, or designee. The parking lot improvements should comply with the Low Impact Development (LID) standards and are subject to review and approval by the City Engineer, or designee. The applicant/property owner shall thereafter at all times maintain these improvements in a first-class condition. 6. Prior to issuance of a Certificate of Occupancy from the Building Division , the applicant/property owner shall comply with the Development Code requirements regarding parking lot lighting, signage, striping, and wheel stops to the satisfaction of the Planning & Community Development Administrator, or designee . A photometric analysis plan shall be submitted to Building plan check to show compliance with the parking lot lighting standards. CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 9 of 10 7. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Planning & Community Development Administrator, or designee. 8. Prior to issuance of a Certificate of Occupancy from the Building Division, the applicant/property owner shall upgrade the existing trash enclosure in compliance with Development Code Section 9103.01.130, subject to review and approval by the Planning & Community Development Administrator, or designee. 9. Prior to issuance of a Certificate of Occupancy from the Building Division, the applicant/property owner shall repair and/or replaced the existing landscape planter walls as needed 10. 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. 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. 11. Noncompliance with the plans, provisions and cond itions of approval for CUP 17-13 and ADR 17-05 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 12. 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. 13. Approval of CUP 17-13 and ADR 17-05 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 Planning & Community Development Administrator or designee an Acceptance For m available from the CUP 17-13 & ADR 17-05 900 S. Baldwin Avenue February 27, 2018 Page 10 of 10 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 Application No. CUP 17 -13 and Architectural Design Review No. ADR 17-05, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2012 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 Application No. CUP 17-13 and Architectural Design Review No. ADR 17-05, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner or other interested party ha s any questions or comments regarding this matter prior to the February 27, 2018, hearing, please contact Associate Planner, Jordan Chamberlin, at 626-821-4334, or by email at jchamberlin@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2012 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2012 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity N/A N/A N/A N/A N/A Property Characteristics Zoning: C-G General Plan: C Lot Area (sq ft): 21,177 Main Structure / Unit (sq. ft.): 4,541 Year Built: 1953 Number of Units: 1 Overlays Architectural Design Overlay: N/A Downtown Overlay: N/A Downtown Parking Overlay: N/A Parking Overlay: N/A Racetrack Event Overlay: N/A Residential Flex Overlay: N/A Special Height Overlay: N/A Site Address: 900 S BALDWIN AVE Parcel Number: 5778-002-001 Property Owner(s): WU,ANSON ET AL WIN,JENNIFER Selected parcel highlighted Parcel location within City of Arcadia 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 21-Feb-2018 Page 1 of 1 Photo of the subject property, 900 S. Baldwin Avenue Photo of the exisƟng driveway and north side of the subject building looking west Photo of the rear to the subject property, 900 S. Baldwin Avenue Photo of the exisƟng rear parking lot area of the subject property, 900 S. Baldwin Avenue, and the neighboring property to the north, 860 S. Baldwin Avenue Photo of the neighboring property to the north, 860 S. Baldwin Avenue Photo of the neighboring property to the south, 906 S. Baldwin Avenue Photo of the neighboring property to the southwest, 921 S. Baldwin Avenue Photo of the neighboring property to the west, 901 S. Baldwin Avenue Photo of the neighboring property to the northwest, 855 S. Baldwin Avenue Attachment No. 3 Attachment No. 3 Architectural Plans 360 EDUCATION ACADEMY 902 S BALDWIN AVE, ARCADIA, CA91007 Customer Approval Signature _______________________________ Date_______________________________ EXTERIOR MATERIAL Customer Approval Signature _______________________________ Date_______________________________ Concrete plaster/finish Tempered glassWall sconce Wood panel Dunn edwards DEA187 Customer Approval Signature _______________________________ Date_______________________________ LIGHTING FIXTURE Attachment No. 4 Attachment No. 4 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 17-13 and Architectural Design Review No. ADR 17-05 for a 4,541 square foot music school 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): 900 S. Baldwin Avenue (between W. Huntington Drive and Fairview Avenue) 3. Entity or person undertaking project: A. B. Other (Private) Prestige Design, Planning, and Development Inc. (1) Name Thomas Li (2) Address P.O. Box 660866 Arcadia, CA 91066 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: Sections 15301(a) (Class 1, existing facility) 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: January 27, 2018 Staff: Jordan Chamberlin, Associate Planner