Loading...
HomeMy WebLinkAboutItem No. 2- CUP 19-02, 324 Foothill Blvd. Unit 101DATE: August 13, 2019 TO: Honorable Chairman and Planning Commission FROM: Lisa Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: RESOLUTION NO. 2032 – APPROVING CONDITIONAL USE PERMIT NO. CUP 19-02 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) FOR A NEW TUTORING CENTER WITH UP TO TWELVE (12) STUDENTS AT 324 E. FOOTHILL BOULEVARD, UNIT 101. Recommendation: Adopt Resolution No. 2032 SUMMARY The Applicant, Unnati Joshi Bishwakarma, is requesting approval of Conditional Use Permit Application No. CUP 19-02 for a new 966 square-foot tutoring center (d.b.a. Aloha Mind Math) within an existing multi-tenant commercial building at 324 Foothill Blvd., Unit 101. The proposed tutoring center will accommodate up to twelve (12) students that are of toddler age to eighth grade. It is recommended that the Planning Commission adopt Resolution No. 2032 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 19- 02, subject to the conditions listed in this staff report. BACKGROUND The subject site is an interior lot off of Foothill Boulevard between Northview Avenue and 5th Avenue. The site is currently developed with an existing two-story, multi-tenant commercial building that consists of seven units. The proposed business is located on the ground floor and is approximately 966 square feet in size - see Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties and Attachment No. 3 for the Site and Floor Plans. The remaining six units are located on the second floor and all of them are general office use. Parking for the site is provided on the ground floor to the side and rear of the unit partially below the second floor, similar to a podium style parking lot. The driveway entrances/exits are off of Foothill Boulevard and an alley at the rear of the site. The site is located along Foothill Boulevard, one of the major commercial corridors within the City of Arcadia. The site is surrounded by commercially zoned properties along E. Foothill Blvd. and with single-family residential properties to the north. The site is zoned C-G (General Commercial). CUP 19-02 August 13, 2019 Page 2 of 8 The Applicant originally filed a Conditional Use Permit application in March of 2017 to operate a tutoring center at the subject site. However, the City closed the file in July of 2018 since it was inactive and incomplete for more than 90 days. During one of City’s night inspections in February of this year, it was discovered that the business owner was operating the tutoring school that she had applied for without a permit. On February 20, 2019, a Notice of Violation was issued by the Business License Division to either file a Conditional Use Permit to legalize the business or cease the operation within 20 days (March 11, 2019). On March 11, 2019, the Applicant filed a Conditional Use Permit to legalize the business. ANALYSIS Aloha Mind Math tutoring center consists of two small classrooms, a break room and two offices, as shown on the floor plan below and under Attachment No. 3 - Site Plan and Floor Plans. The tutoring center currently offers courses in Math and English to young children that are of toddler age up to eighth grade. Each classroom accommodates up to six (6) students and one instructor, with a maximum of 12 students at any given time. The Applicant serves as the office manager. The tutoring center does not teach a specific curriculum, but assist each student individually based upon their individual needs. This is how they provide educational support to children of all ages within each room. The tutoring center will operate three days a week, two days during the week and on Saturdays. During the week, they will operate on Tuesdays and Wednesdays between 5:00 pm to 8:00 p.m., and on Saturdays from 8:30 a.m. to 2:00 p.m. Two tutoring sessions are provided on Saturdays from 9:00 a.m. to 11:00 a.m. and from 11:30 a.m. * Front of entry * Rear of unit N * Floor Plan CUP 19-02 August 13, 2019 Page 3 of 8 to 1:30 p.m. Each session is two hours long. To ensure that the rooms can be easily viewed from the hallway, a condition of approval has been proposed that the business owner shall install either a clear glass door or window to each classroom and it shall remain not unobscured to allow for easy viewing into the rooms. No alterations is proposed to the exterior façade of the building. In terms of parking, the site currently has 17 parking spaces, as shown on the site plan to the left. For a tutoring center, the code requires that at least one parking space for every five (5) students of non-driving age and one parking space for every employee. With twelve (12) students and three (3) staff members, a total of five (5) parking spaces are required for this business. Based on the mix of uses at this center, a total of 19 spaces are required. However, there will be ample parking for this business since it will operate at 5:00 p.m., when most of the other businesses are about to close. Due to the small overlap with the other business at 5:00 p.m. and since this business is currently operating; a parking survey was required to capture actual information. The parking survey was conducted for one week, and it showed that the site had 11 or more parking spaces available at any given time – refer to Attachment No. 4 – Parking Survey. Therefore, the site can accommodate the proposed use. FINDINGS Section 9107.09.050(B) of the Development Code requires that the Planning Commission many approve a Conditional Use Permit only if it first makes all of the following findings: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: 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. 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 * Site Plan N CUP 19-02 August 13, 2019 Page 4 of 8 citywide markets. The tutoring center will provide a locally-based service and educational support to young students. Therefore, the new tutoring center will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 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 tutoring center in the C-G zone subject to the review and approval of a Conditional Use Permit. The lot can accommodate the required parking for the tutoring center and the existing uses. The proposed tutoring center is compatible with the other professional office businesses. Therefore, the proposal is in compliances with all applicable provisions of the Arcadia Development Code and the Arcadia 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 tutoring center will occupy one of seven units within an existing two-story, multi-tenant commercial building. The proposed tutoring center is compatible with the operational characteristics of the existing office uses in the commercial building. The use will result in an overall increase one parking space from the previous use and will operate during the late evening hours when the majority of the other businesses are closed. With the parking modification, the design, location, and size of the unit can accommodate the proposed tutoring center. There is sufficient parking available for the tutoring center and the other office uses since the students of are non-driving age and the business will be operating in the evening hours when the other businesses are closed. 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 tutoring center. The tutoring center will occupy a tenant space within an existing multi-tenant commercial building. The commercial property is improved with CUP 19-02 August 13, 2019 Page 5 of 8 surface parking, landscaping, and other features typical of commercial developments. The commercial center’s has ample parking to accommodate 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. Facts to Support This Finding: The site is located on the southern portion of E. Foothill Blvd between Northview Avenue and Fifth Avenue near the westerly City boundary. Foothill Boulevard is one of the main commercial corridors in the City of Arcadia and 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 tutoring center. 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 Fire Department has reviewed the application and has included conditions of approval that must be met prior to the operation of the business to ensure the safety of the occupants of the subject unit and multi-tenant commercial building as well as the general public. 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 a multi- tenant commercial building, and has 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 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 site has sufficient parking available for the use and all other uses operating within the site. CUP 19-02 August 13, 2019 Page 6 of 8 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 the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for a use of an existing facility. Refer to Attachment No. 5 for the Preliminary Exemption Assessment. 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 on August 1, 2019. The public hearing notice was published in the Arcadia Weekly on August 1, 2019. As of August 9, 2019 staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2032 approving Conditional Use Permit No. CUP 19-02 for a new tutoring center with up to twelve (12) students, 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 19-02 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 19-02, 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 twelve (12) students are permitted at any given time, and the students shall be of toddler age to eighth grade. Each classroom shall maintain compliance with the occupancy limits of the California Building and Fire Code. 3. Prior to the issuance of a Certificate of Occupancy from the Building Division, a clear glass door or window shall be installed to each classroom to allow for easy viewing from the hallway. 4. The tutoring center business hours are limited from 5:00 p.m. to 8:00 p.m., Tuesday and Wednesdays, and from 8:30 a.m. to 2:00 p.m. on Saturdays. Any changes to the hours of operations and/or the days, shall be subject to review and approval by the Planning & Community Development Administrator, unless significant CUP 19-02 August 13, 2019 Page 7 of 8 modifications are proposed; in which case, the application may be referred to the Planning Commission. 5. Prior to the issuance of the business license, the applicant shall comply with the following Fire Department requirements prior to the issuance of a business license: A. A full coverage fire alarm system. B. Equip all exterior exit doors with panic or lever type hardware. C. Illuminated exit signage and emergency lighting along all paths of egress. D. Provide a minimum rated 2A:10BC fire extinguisher within the unit. E. Install a Knox Box. 6. 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 19-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 8. 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. 9. Approval of CUP 19-02 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. CUP 19-02 August 13, 2019 Page 8 of 8 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 19-02, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2032 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 No. CUP 19-02, 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 has any questions or comments regarding this matter prior to the August 13, 2019 hearing, please contact Associate Planner, Vanessa Quiroz, at 626-574-5422, or by email at VQuiroz@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2032 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site and Floor Plans Attachment No. 4: Parking Survey Attachment No. 5: Preliminary Exemption Assessment $WWDFKPHQW1R 5HVROXWLRQ1R $WWDFKPHQW1R $WWDFKPHQW1R $HULDO3KRWRZLWK=RQLQJ,QIRUPDWLRQDQG 3KRWRVRIWKH6XEMHFW3URSHUW\DQGWKH 6XUURXQGLQJ3URSHUWLHV $WWDFKPHQW1R Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1982 5,220 0 GUPTA,BHASKER AND VANDANA TRS GUPTA FAMILY TRUST Site Address:322 E FOOTHILL BLVD Parcel Number: 5772-017-030 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: 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 01-Aug-2019 Page 1 of 1 Subject site: 324 E. Foothill Blvd. Subject unit: 324 E. Foothill Blvd., Unit 101 Subject site: 324 E. Foothill Blvd. Subject site: 324 E. Foothill Blvd. Public alley at the rear of Subject site Commercial businesses to the East of the subject site. Commercial business to the West of the subject site. Commercial business to the West of the subject site. Commercial business across the street of the subject site. Commercial business across the street of the subject site. Residential home to the rear of the subject site. Residential home to the rear of the subject site. Residential home to the rear of the subject site. $WWDFKPHQW1R 6LWH3ODQDQG)ORRU3ODQV $WWDFKPHQW1R $WWDFKPHQW1R 3DUNLQJ6XUYH\ $WWDFKPHQW1R $WWDFKPHQW1R 3UHOLPLQDU\([HPSWLRQ$VVHVVPHQW $WWDFKPHQW1R Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 19-02 Conditional Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15301(a) to allow a new tutoring center within an existing multi- tenant commercial building. 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): 324 E. Foothill Blvd., #101 - The site is located on the southern portion of E. Foothill Blvd between Northview Ave and Fifth Ave near the westerly City boundary. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Unnati Joshi Bishwakarma (2) Address 501 E. Live Oak Ave, Apt. #206 Arcadia, CA 91006 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: 15301(a) – Class 1 (Use of an 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: July 16, 2019 Staff: Vanessa Quiroz, Associate Planner