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HomeMy WebLinkAbout2041RESOLUTION NO. 2041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, 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 SOUTH BALDWIN AVENUE WHEREAS, on May 16, 2019, an application for Conditional Use Permit No. CUP 19-06 was filed by the business owner, Ella Hou ("Applicant') to allow the operation of a music school within an existing 5,797 square foot tenant space located within the Arcadia Hub shopping center located at 1229 South Baldwin Avenue (the 'Project'); and WHEREAS, on October 10, 2019, 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 1 Categorical Exemption under CEQA Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on November 12, 2019, 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: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated November 12, 2019 are true and correct. 1 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. plan. 1. The proposed use is consistent with the General Plan and any applicable specific FACT: The Project 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 Project 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 Project 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: 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. P] 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 music school in the C -G zone subject to the review and approval of a Conditional Use Permit. The Project complies with the Parking Plan that was approved for this shopping center in 2015. In addition, the Project 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 impact to the existing businesses in the center or along S. Baldwin Avenue. Lastly, the Project 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. FACT: The proposed Project 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 a tutoring business; therefore, the proposed Project 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 91 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; FACT: The site is physically suitable for the proposed Project. The Project 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 Project. 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; FACT: 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 Project and the existing uses in the center, and to support emergency vehicle access. 0 c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The proposed Project will be located within the existing Arcadia Hub shopping center. Conditions of approval have been included to ensure the Project 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.). FACT: The subject unit is located within the Arcadia Hub shopping center, which is adequately serviced by existing utilities. The Project 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. FACT: 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 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. 5 SECTION 3. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (CEQA) Section 15301, Class 1, and approves Conditional Use Permit No. CUP 19-06 to allow the Project within an existing 5,797 square foot tenant space located within the Arcadia Hub shopping center located at 1229 South Baldwin Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 12th day of November 2019. ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 9 ;_Deborah Lewis Chair, 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. 2041 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 121h day of November, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Vice Chair Wilander, and Commissioners Chan, Lin, and Thompson NOES: None ABSENT: Chair Lewis 7 ( L Lisa L. Flores Secretary of the Pianning Commission RESOLUTION NO. 2041 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. 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 aware 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 Building 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. E 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 suspension 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 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. 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.