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
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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:
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Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
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N/A
N/A
Residential Flex Overlay:
N/A
N/A
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Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
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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.
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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