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Home My WebLink AboutDecision Letter City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ArcadiaCA.gov June 27, 2018 Nophmas Kositchutitana Play-to-Learn Studio, USA 100 Coronado Drive Arcadia, CA 91007 SUBJECT: Minor Use Permit No. MUP 18-02 PROJECT ADDRESS: 400 S. Baldwin Avenue, Suite D1 (dba: Play-to-Learn Studio) Dear Ms. Kositchutitana: The public comment period for Minor Use Permit No. MUP 18-02 ended on June 25, 2018. Staff did not receive any comments during the public comment period. After careful consideration, the Development Services Department has conditionally approved the Minor Use Permit to operate a tutoring center in the Westfield Santa Anita Mall located at 400 S. Baldwin Avenue, Suite D1. The project is subject to the conditions of approval listed below. The approved 2,574 square foot tutoring center will include a main play and learn area and a storage area at the back of the unit. The approved operating hours are from 10:00 AM to 7:00 PM, Monday through Saturday and 11:00 AM to 7:00 PM on Sunday. The new tutoring business will be located on the first floor next to Macy’s. Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may be approved if all of the following findings can be made: 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. 2. That, subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. 3. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. 4. That the site is physically suitable in terms of 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; streets and highways are adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. 5. That the type, density, and intensity of use 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. MUP No. 18-02 400 S. Baldwin Avenue, Suite D1 Based on the information available, the approved project, as conditioned, satisfies all the required findings necessary to grant a Minor Use Permit (refer to Attachment 1). The proposed project qualifies as a Class 1 Categorical Exemption for the use of existing facilities from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Conditions of Approval 1. The use is limited to tutoring center with a maximum of 30 students people per session. The use shall be operated and maintained in a manner that is consistent with the plans submitted and approved in the application, and shall be subject to periodic inspections, after which, the provisions of this MUP may be adjusted after due notice to address any adverse impacts. 2. Hours of operation shall be limited to 10:00 AM to 7:00 PM, Monday through Saturday and 11:00 AM to 7:00 PM on Sunday. 3. Windows and doors shall remain unobscured to provide easy viewing into the tutoring area and storage area. 4. 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 are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 5. Noncompliance with the plans, provisions and conditions of approval for MUP 18-02 shall be grounds for immediate suspension or revocation of any approvals. 6. 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. There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $600.00 appeal fee by 5:30 p.m. on Monday, July 9, 2018. Approval of Minor Use Permit No. MUP 18-02 shall not be of effect unless the property owner and applicant have executed and filed the enclosed Acceptance Form to indicate awareness MUP No. 18-02 400 S. Baldwin Avenue, Suite D1 and acceptance of these conditions of approval. The Acceptance Form is due now and if it is not received by July 27, 2018, this approval will become null and void. This approval shall expire in one year (July 10, 2019) from the effective date unless plans are submitted to Building Services for plan-check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved design concept plans and any conditions of approval. Any inconsistency from the approved design concept plans may preclude the issuance of a building permit. An extension may be granted by the Development Services Director or designee, or the Review Authority that approved the project for a maximum period of one (1) year from the initial expiration date. An extension can only be granted if the required findings can be made. Please note that acceptance of an extension request does not indicate approval of an extension. A building permit and inspection may be required for construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation and permits needed. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter. If you have any questions regarding this approval, please contact me at (626) 821-4334 or by email at JChamberlin@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Jordan Chamberlin Associate Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Santa Anita Shoppingtown, LLC, Property Owner Attn: Kim Brewer Lisa L. Flores, Planning & Community Development Administrator MUP No. 18-02 400 S. Baldwin Avenue, Suite D1 Attachment 1: Required Findings for Approval of a Minor Use Permit Pursuant to Development Code Section 9107.09.050 FINDINGS YES NO 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. The tutoring center is located in an existing tenant space in the Westfield Santa Anita Shopping Center, which is zoned Regional Commercial (C- R) and designated Regional Commercial by the General Plan. The Regional Commercial land use and zone is intended to serve a regional market through regional commercial uses, retail uses, entertainment, restaurants, and other similar compatible uses within regional shopping malls. The granting of the Minor Use Permit (MUP) to allow a tutoring center would meet the intent to provide uses compatible with a regional shopping mall. As such, the granting of the MUP is consistent with the General Plan. ☒ ☐ 2. That, subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. A tutoring center in the Regional Commercial (C-R) zone requires approval of a Minor Use Permit. The use will be contained within an existing 2,574 square-foot space. No changes have been made to the site that would require additional parking spaces, or be non-compliant with the Development Code and original approvals of the Westfield Santa Anita site. Therefore, subject to the granting of the MUP, the use complies with applicable provisions of the Development Code and Municipal Code. ☒ ☐ 3. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Non-retail uses are permitted in the C-R zone to allow for greater flexibility and to keep up with industry trends which include incorporating personal services, offices, medical related uses, and other non-retail uses in regional shopping centers. The proposed tutoring center will operate within the mall’s current hours of operation and the class sizes are small, limited to 30 students per session. There will be minimal impact to surrounding uses. The tutoring center is compatible with the existing and future uses within Westfield Santa Anita and complements the existing retail, restaurant, and non-retail uses. ☒ ☐ 4. That the site is physically suitable in terms of its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking ☒ ☐ MUP No. 18-02 400 S. Baldwin Avenue, Suite D1 spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; streets and highways are adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. The Westfield Santa Anita Shopping Center is physically suitable to accommodate the tutoring center. The existing space is 2,574 square feet and physically suitable to accommodate the main play and learn area, a storage area, and other amenities. Parking is available throughout the site to accommodate the approved use and the mix of uses in the shopping center. Vehicular traffic to and from the shopping center are provided on Baldwin Avenue and Huntington Drive, both designated principal travel corridors in the City ’s adopted Circulation and Infrastructure Element, which have the capacity to carry the highest volume of vehicles (in the range of 22,000 to 35,000 daily). The approved use is not anticipated to have an impact on vehicular traffic. The tenant space is more than 800 feet away from the nearest residence. The class sizes are small, limited to 30 students per session. Therefore, it is not anticipated that there will be noise impacts to adjacent residential properties. The site’s design, location, and parking, and access to primary streets are adequate to support the approved tutoring center. 5. That the type, density, and intensity of use 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. The tutoring center will not adversely affect the public convenience, health, interest, safety, or general welfare of uses in the vicinity. The tenant space is more than 800 feet away from the nearest residence. The tutoring center will operate within the mall’s current hours of operation. The use is compatible with other uses allowed in the C-R zone and, as conditioned, would not adversely affect the surrounding environment. ☒ ☐