HomeMy WebLinkAboutItem No. 2- CUP 19-06 1229 S. Baldwin Ave (Semitone Music Institute)DATE: November 12, 2019
TO: Honorable Chair and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Luis Torrico, Senior Planner
SUBJECT: RESOLUTION NO. 2041 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 19-06 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW A
MUSIC SCHOOL WITH UP TO 17 STUDENTS AT THE ARCADIA HUB
SHOPPING CENTER LOCATED AT 1229 S. BALDWIN AVENUE
Recommendation: Adopt Resolution No. 2041
SUMMARY
The applicant, business owner, Ms. Ella Hou, is requesting approval of Conditional Use
Permit Application No. CUP 19-06 for a music school (dba: Semitone Institute of Music)
to occupy an existing 5,797 square foot commercial unit located within the Arcadia Hub
shopping center at 1229 S. Baldwin Avenue. The proposed music school will
accommodate up to 17 students ranging in age from six years old to adults, and three (3)
music instructors. The music school will have two classrooms, which hold up to four (4)
students, and nine (9) individual practice rooms. It is recommended that the Planning
Commission adopt Resolution No. 2041 (Attachment No. 1) and find this project
Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 19-06,
subject to the conditions listed in this staff report.
BACKGROUND
The subject unit is located in the Arcadia Hub Shopping Center, on the east side between
Burlington Coat Factory and L.A. Fitness. The center is approximately 772,134 square
feet with 349,768 square feet of commercial space (See Figure 1). The property is zoned
C-G (General Commercial) and has a General Plan Land Use Designation of
Commercial. The 5,797 square foot unit is currently vacant and was previously occupied
by Bank of America. The site is surrounded by other commercial properties to the west
and east, and a mixture of commercial and multiple family properties to the north and
south - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos
of the subject property.
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 2 of 10
There are 1,138 parking spaces within the surface parking lots and in the parking structure
adjacent to Burlington. In 2015, the Planning Commission approved a parking plan for the
center that would allow the property owner to repurpose the buildings with the right mix
of uses for this center while still complying with the parking requirements based on the
existing available parking supply. Applying the standards approved under the parking
plan, if this use is approved, there will be 121 available parking spaces available on site.
Figure 1 - Aerial
PROPOSAL
The Applicant is requesting a Conditional Use Permit (CUP) to operate a music school,
(dba: Semitone Music Institute) for students from six years old to adults. The music school
will offer group instruction and will also provide private rooms for students to practice after
their lesson (See Figure 2). The school will have two (2) classrooms for group instruction
and nine (9) private practice rooms. Each classroom will accommodate up to four (4)
students and one (1) music instructor. One music instructor will be available to provide
instruction to the students that require it while practicing in the practice rooms. In addition,
there will be one (1) employee who will manage the instrument sales; for a total of fo ur
(4) employees employed by the music school. Therefore, at any given time there could
be a maximum of 17 students, three (3) music instructors and one (1) manager at the
school.
1229
Arcadia Hub
Shopping Center
Subject Unit
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 3 of 10
Figure 2 - Proposed Floor Plan
The music school will operate Monday through Sunday during the following hours:
12:00 p.m. to 8:00 p.m. - Monday through Friday
9:00 a.m. to 3:00 p.m. - Saturday and Sundays
Music sessions will only be provided from 2:00 p.m. to 7:30 p.m., Monday through Friday,
and from 9:00 a.m. to 2:30 p.m., Saturday and Sunday. Each session will either be 30 or
60 minutes long, with a 15-minute break in between each session. In addition, the school
will also provide a showroom where instruments will be available for purchase. A large
open area will be provided to allow for instruments to be tested prior to purchase.
In order to accommodate the proposed music school, the interior will have to be
remodeled since the previous use was a bank and used the parking lot entrance as their
primary entrance. The unit did not provide access from Baldwin Avenue. To ensure this
center meets the intent and goals of the City’s General Plan (LU Policy LU-14.5), the
proposed improvements will include a new entrance off of Baldwin Avenue side to
encourage increased pedestrian use of Baldwin Avenue. A new reception area will be
added to the new entrance.
ANALYSIS
The Arcadia Development Code allows music studios in the C-G zone subject to the
review and approval of a Conditional Use Permit. The proposed music school will have
two (2) classrooms for up to four (4) students and one (1) instructor, and nine (9) individual
practice rooms. As an added security measure for the students and to allow for
observation from outside of the rooms, each classroom and practice room will have
windows. In addition, a condition (refer to condition no. 3) has been placed on the project
that requires that windows and glass doors remain unobstructed to allow for easy viewing
from the hallway into the classrooms and practice rooms. In addition, to ensure the
business will not interrupt the other businesses, the entire unit will be sound proof using
certain materials for acoustic control and to mitigate any noise impacts to adjacent
tenants. Lastly, the request has been reviewed by the Building and Fire Departments and
no concerns were raised. Parking Lot
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 4 of 10
For a music school that serves students of high school age or older, the Development
Code requires one (1) parking space for every three (3) students and one (1) for every
employee. With up to 17 students and four (4) staff members, a total of ten (10) parking
spaces are required. The previous bank use had a parking requirement of 11 spaces;
therefore, the proposed use will have a reduced parking demand. In addition, should the
request be approved, there will be a total of 121 available spaces in the center.
Furthermore, since the music school will be located on the east side of the c enter, in
between Burlington Coat Factory and LA Fitness, where parking is more heavily
congested, a condition (refer to condition no. 5) has been placed on the project that
requires employees to park in designated employee parking areas. The designated areas
closest to the proposed music school include the upper level of the parking structure and
the stalls along the southern end of the center, adjacent to Naomi Avenue.
As part of the improvements for the proposed music school, the applicant will be providing
an entry/reception area from Baldwin Avenue . This will be a welcomed improvement as
the City’s General Plan Land Use and Community Design Element encourages increased
pedestrian activity along Baldwin Avenue. To ensure that the new use helps activate and
have a presence on the streetscape, a condition (refer to condition no. 6) has been placed
on the project that they shall remove the dark film and repaint the window mullions on the
windows that face the Baldwin Avenue side. In addition, the condition requires that any
future tinting and/or window coverings shall be subject to review and approval by City
Staff. Therefore, the addition of the reception area and storefront modifications will further
the Land Use and Community Design Element goals and policies.
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 uses,
including neighborhood-serving uses such as music schools. The proposed use will
occupy a commercial unit that has been vacant for approximately one year and will
complement the existing uses in the center. In addition, the proposal is a use permitted
in the C-G (General Commercial) zone subject to the approval of a Conditional Use
Permit, and will not adversely affect the comprehensive General Plan, and is
consistent with the following General Plan goals and policies:
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 5 of 10
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.
Policy LU-14.5: Require new developments on Baldwin to place entries on
Baldwin Avenue to encourage increased pedestrian use of Baldwin Avenue.
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. The proposed
music school complies with the Parking Plan that was approved for this shopping
center in 2015. In addition, the music school will require less parking spaces than the
previous bank use, and if approved, there will be a total of 121 available spaces in the
center. Therefore, there should be no impacts to the existing businesses in the center
or along S. Baldwin Avenue. Lastly, 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 an existing
5,797 square foot commercial unit located within the Arcadia Hub shopping center.
Parking, compliant with the Parking Plan that was approved for this shopping center
in 2015 will be provided onsite. There is a mixture of uses in the center, including but
not limited to, restaurants, retail stores, a fitness facility, and an arts studio; therefore,
the proposed music school will not be out of character with the surrounding uses. The
proposed hours of operation will also be compatible with the hours of operation of
other uses in the center. In addition, the proposed improvements to the unit will provide
access from S. Baldwin Avenue, which will increase pedestrian activity, which could
activate existing and future land uses on S. Baldwin Avenue. Lastly, the unit will be
sound proof using certain materials for acoustic control to mitigate any noise impacts
to existing and future adjacent uses.
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;
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 6 of 10
Facts to Support This Finding: The site is physically suitable for the proposed
music school. The music school will occupy an existing vacant commercial unit
within the Arcadia Hub shopping center. The center is improved with adequate
surface parking, including the required ten (10) parking spaces for the proposed
music school. In addition, the entire unit will be sound proof with certain materials
for acoustic control to mitigate any noise impacts to the adjacent tenants.
Therefore, with adequate parking provided and the proposed improvements, the
unit and 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 and the existing uses
in the center, and to support emergency vehicle access.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The proposed music school will be located within
the existing Arcadia Hub shopping center. Conditions of approval have been
included to ensure the music school will be operated in a safe manner, and not
impact public protection service. The request has been reviewed by the Fire
Department and Police Department, and neither department raised concerns.
Therefore, no impacts to public protection services are anticipated.
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 unit is located within the Arcadia Hub
shopping center, which is adequately serviced by existing utilities. The request
does not include new construction that will impact the provision of utilities, nor will
it be operated in a manner that will impact the provisions of utilities. Therefore, no
impacts to the provision of utilities are anticipated.
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 Project will not be detrimental to the public
health or welfare, or the surrounding properties. The size and nature of the operations
of the Project will not negatively affect the existing uses in the center, or the
surrounding businesses and properties. In addition, conditions of approval, such
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 7 of 10
requiring that the entire unit be sound proof to mitigate any noise impacts to the
adjacent tenants, and requiring that the use be subject to periodic inspections have
been included to mitigate any potential impacts.
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 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No.
4).
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
October 31, 2019. As of November 7, 2019, staff did not receive any public comments on
this project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2041 approving
Conditional Use Permit No. CUP 19-06 for a new music school with up to 17 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 19-06 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 19-06, 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 17 students shall be permitted at any given time. Any changes to the
number of students, shall be subject to review and approval by the Planning &
Community Development Administrator, or designee, unless significant modifications
are proposed; in which case, the application may be referred to the Planning
Commission.
3. The windows and glass doors into each classroom and practice room shall remain
unobscured to allow easy viewing from the hallway.
4. The entire unit shall be sound proof with certain materials for acoustic control to
mitigate any noise impacts to the adjacent tenants and shall comply with the City’s
noise ordinance. The specifications and materials for the sound proofing shall be
submitted to Planning Services for review and approval prior to submitting the plans
into plan-check in Building Services.
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 8 of 10
5. The Applicant/Property Owner shall inform their tenants that their employees shall
park in the designated employee parking areas, as new employees may not be awar e
of this requirement. The designated areas include, but not limited to, the upper level
of the parking structure and the stalls along the southern end of the center, adjacent
to Naomi Avenue.
6. Prior to issuance of a Certificate of Occupancy from the Build ing Division, the
applicant/property owner shall remove the window film and repaint the window
mullions along the Baldwin Avenue storefront. Any future tinting and/or window
covering shall be subject to review and approval by the Planning & Community
Development Administrator, or designee.
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. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
9. 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.
10. Noncompliance with the plans, provisions and conditions of approval for CUP 19 -06
shall be grounds for immediate suspen sion or revocation of any approvals, which
could result in the closing of the music school.
11. The Applicant/Property Owner 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
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 9 of 10
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, includ ing 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 thi s
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.
12. Approval of CUP 19-06 shall not be in effect unless the Property Owner and Applicant
have executed and filed the Acceptance Form with the City on or before 30 calendar
days after the Planning Commission has adopted the Resolution. The Acceptance
Form to the Development Services Department is to indicate awareness and
acceptance of the 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 19-06, stating
that the proposal satisfies the requisite findings, and adopting the attached Resolution
No. 2041 that incorporates the requisite environmental and Conditional Use Permit
findings and the conditions of approval as presented in this staff report, o r 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 19-06, 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 November 12, 2019, hearing, please contact Senior
Planner, Luis Torrico, at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov.
CUP 19-06
1229 S. Baldwin Avenue
November 12, 2019
Page 10 of 10
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2041
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2041
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information &
Photos of the Subject Property and Vicinity
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
1953
27,542
0
BALDWIN ARCADIA CENTER LP
Site Address:1225 S BALDWIN AVE
Parcel Number: 5383-038-023
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:
H-4
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 06-Nov-2019
Page 1 of 1
Baldwin Avenue Frontage
Baldwin Avenue Frontage
Parking Lot Frontage
Attachment No. 3
Attachment No. 3
Architectural Plans
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 19-06 – A conditional use permit to allow operation music
school with up to 17 students with a Categorical Exemption
under the California Environmental Quality Act (“CEQA”)
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):
1229 S. Baldwin Avenue (South Baldwin & Duarte Road)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Ell Hou, Applicant
(2) Address 1229 S. Baldwin Avenue
Arcadia, CA 91007
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary revie w 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:
November 12, 2019
Staff:
Luis Torrico, Senior Planner