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HomeMy WebLinkAbout2019RESOLUTION NO. 2019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 18-02 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 18- 08 FOR A NEW PRESCHOOL WITH UP TO 60 CHILDREN WITH A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AT 615 E. LIVE OAK AVENUE WHEREAS, on February 28, 2018, an application for Conditional Use Permit No CUP 18-02 and Architectural Design Review No. ADR 18-08 were filed by David Van Iwaarden and Ranum Magellan ("Applicant') to allow a new preschool with up to 60 children within the existing 3,275 square foot commercial building at 615 E. Live Oak Avenue (the "Project'); and WHEREAS, on July 5, 2018, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and determined that the Project is exempt under CEQA Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and qualifies as a Class 3 Categorical Exemption under CEQA Section 15303 of the CEQA Guidelines pertaining to new construction or conversion of small structures; and WHEREAS, on August 14, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: 1 SECTION 1. The factual data submitted by the Community Development Division in the staff report dated August 14, 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. FACT: Approval of the preschool 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 also be an added educational amenity to the community. The proposal is a commercial use permitted in the zone 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: 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 Parks, Recreation, and Community Resources Element • Goal PR -4: A network of City, school, and private community facilities that provides spaces for recreation, education, enrichment, and social service programs. • Goal PR -5: Recreation, education, enrichment, and social service programs that respond to a broad range of community interests, promote healthy lifestyles, and meet the needs, desires, and interests of the Arcadia community. • Goal PR -6: Continued superior educational facilities and resources for residents of all ages and backgrounds. 2. The proposed uses are 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 day care facility in the C -G zone subject to the review and approval of a Conditional Use Permit. The 13 parking spaces and one (1) loading space provided on-site meet the parking requirements to support a day care use with up to seven (7) staff and 60 children. The proposal also complies with all other applicable provisions of the Development 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. 7 FACT: The proposed preschool will occupy the entire 3,275 square foot commercial building. The preschool is compatible with adjacent uses including the restaurant to the east, church to the west, and residence to the north, as well as future commercial uses that may be permitted in the C -G zone. The existing parking lot will be improved to support all operational requirements of the use to minimize any potential impacts to adjacent properties and the public street. Adequate parking is provided on site by way of 13 spaces and one (1) additional loading space. Since this is a day care use of preschoolers, and all the children will be dropped -off and picked -up within a two-hour time period; the proposed use is not expected to create a potential impact to the on-site parking circulation. Furthermore, all parking spaces have adequate back up distance for vehicles to safely maneuver forward onto Live Oak Avenue. Existing shrubs also line the back of the property and will serve as a barrier to the non -conforming residence in the rear; existing trees and new landscape planters will help soften the visual impacts of the parking lot. The planned schedule of activity was also intended to minimize the number of children outdoors at any one time and ensure the children's safety. A five (5) foot wrought iron fence is also planned to gate around the playground areas so that children are protected from outside. The site design, characteristics, and location are compatible with the proposed use and the proposed use is compatible with existing and future land uses in the vicinity. 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, El 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 preschool, and the existing building will be remodeled to create the proper classroom sizes necessary to accommodate up to 60 children. Based on the operational characteristics of the proposed business and 13 parking spaces and one (1) loading spaces will be provide, the site has sufficient parking to serve the proposed use. The site is large enough to can accommodate two playground areas. Additionally, the conditions of approval will help mitigate any concerns regarding noise will ensure the adjacent properties and businesses will not be adversely affected by 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. FACT: The site is located along West Live Oak Avenue with access to the site from this street. The street is adequate in width and pavement type to carry the traffic that could be generated by the preschool. The proposed use will not impact this street. c. Public protection services (e.g., fire protection, police protection, etc.). FACT: The subject property is developed with an existing commercial building that complies with current safety requirements. There will be no impact to 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.). 5 FACT: 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. FACT: The proposed preschool will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the operations of the preschool will not negatively affect the subject site or the surrounding businesses and properties. The new parking layout is adequate to support the use; and there will be minimal traffic impacts to Live Oak Avenue. 6. That this Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines pertaining to new construction or conversion of small structures. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 3, Section 15303 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 18-02, and Architectural Design Review No. ADR 18-08 to allow a new preschool with up to 60 children within the existing 3,275 square foot commercial If building at 615 E. Live Oak Avenue, subject to the amended conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14`h day of August, 2018. ATTEST: — M Lisa L. Flore Secretary APPROVED AS TO FORM: 4 ) -ire Stephen P. Deitsch City Attorney FA Ken Chan Chairman, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2019 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 14th day of August, 2018, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Chan, Vice Chair Thompson, and Commissioners Lewis and Wilander NOES: None ABSENT: Commissioner Lin CA� Lisa L. Flores Secretary of th Planning Commission 0 RESOLUTION NO. 2019 Conditions of Approval 1. The use approved by CUP 18-02 and ADR 18-08 is limited to a preschool (up to Pre -Kindergarten age) and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 18-02 and ADR 18-08, 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 60 children 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, and the State Child Care Licensing Requirements. 3. The preschool business hours are limited from 7:00 AM to 6:00 PM, Monday through Friday. 4. Each classroom shall have at least one clear glass window to allow easy viewing into the classrooms. 5. The one (1) loading space shall be marked (either by a sign or on the pavement) that it shall be restricted to 15 Minutes. 6. Prior to submitting the plans into Building Services for plan -check, the location of the new trash enclosure shall be reviewed and approved by the Planning & Community Development Administrator, or designee. 7. The planters within the visibility area shall consist of low landscaping plants and shall exceed T-0" in height. 8. The existing landscaping and trees in the parking lot shall be maintained and replaced if damaged by the construction. 9. Prior to issuance of a building permit from Building Services, 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. 10. Prior to issuance of a building permit from the Building Services, the applicant/property owner shall relocate and upgrade the trash enclosure to a new location that the Planning & Community Development Administrator or designee finds acceptable and not impede into any of the visibility areas. 11. Prior to the issuance of a Certificate of Occupancy from the Building Services, 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. 12. No bells or outdoor public address systems shall be utilized because of the site's proximity to a neighboring residential area. 13. 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. 14. Noncompliance with the plans, provisions and conditions of approval for CUP 18-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the preschool. 15. The following Fire Department conditions shall be met a. A full coverage fire alarm system shall be provided. b. Illuminated exit signage and emergency lighting shall be provided along all paths of egress. c. Minimum rated 2A:10BC fire extinguishers shall be provided at approved locations. All required exit doors shall be equipped with panic or lever type hardware. d. Latched or key operated locks are not permitted. e. A knox box shall be provided at an approved location. 16. 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 10 option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 17. Approval of CUP 18-02 and ADR 18-08 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 Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 11