HomeMy WebLinkAboutItem No. 1 - CUP 20-01 - 20 E. Foothill BoulevardDATE: April 28, 2020
TO: Honorable Chair and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Luis Torrico, Senior Planner
SUBJECT: RESOLUTION NO. 2054 APPROVING CONDITIONAL USE PERMIT
NO. CUP 20-01 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA ) TO ALLOW A
TUTORING CENTER WITH UP TO 12 STUDENTS AT 20 EAST
FOOTHILL BOULEVARD, UNIT 216
Recommendation: Adopt Resolution No. 2054
SUMMARY
The Applicant and business owner, Mr. Weidong Peng, is requesting approval of
Conditional Use Permit Application No. CUP 20-01 for a tutoring use (dba: Umbrella
Education Corporation) to occupy an existing 762 square foot commercial unit located
within an existing two-story commercial office building at 20 E. Foothill Boulevard, Unit
216. The proposed tutoring use will accommodate up to twelve (12) elementary through
high school grade students, and two (2) instructors. It is recommended that the Planning
Commission adopt Resolution No. 2054 (Attachment No. 1) and find this project
Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 20-01,
subject to the conditions listed in this staff report.
BACKGROUND
The subject site measures approximately 60,966 square feet and is developed with an
existing two-story commercial office building measuring approximately 25,162 square feet
(See Figure 1). The property is zoned C-G (General Commercial) and has a General Plan
Land Use Designation of Commercial. The 762 square foot unit is currently vacant and
was previously occupied by an office use and previously a one-on-one tutoring use. The
site is surrounded by other commercial properties to the west, east and north, and single
family residential properties to the south - refer to Attachment No. 2 for an Aerial Photo
with Zoning Information and Photos of the subject property.
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 2 of 9
Figure 1 - Aerial of Subject Site
PROPOSAL
The Applicant is requesting a Conditional Use Permit (CUP) to operate a tutoring, (dba:
Umbrella Education Corporation) for students from elementary up to high school grade.
The use will include two classrooms (See Figure 2). Each class can accommodate up to
six (6) students; however, no more than twelve (12) students and two instructors will be
present at any given time. One classroom will be used for regular tutoring and the second
will be used for advanced level tutoring. Each tutoring session will be 30 minutes long.
The tutoring use will operate Monday through Saturday during the following hours:
1:00 p.m. to 6:00 p.m. - Monday through Friday
9:00 a.m. to 4:00 p.m. - Saturday
Students will be able to get assistance with subjects including, but not limited to, English,
science, math, biology, and chemistry during tutoring sessions Monday through Friday.
On Saturday, the tutoring center will provide English and Chinese language tutoring.
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 3 of 9
Figure 2 - Proposed Floor Plan
ANALYSIS
The Arcadia Development Code allows tutoring uses in the C-G zone subject to the review
and approval of a Conditional Use Permit. The proposed use will have two (2) classrooms
for up to twelve (12) students and two (2) instructors. As required for all tutoring uses,
each classroom will have windows to allow observation from outside of the rooms. 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. In addition, the request has been reviewed by the Building
and Fire Departments and no concerns were raised.
For a tutoring use 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 twelve (12) students and two (2) instructors, a total of six (6) parking
spaces are required. The previous office use had a parking requirement of three (3)
spaces; therefore, the proposed use will increase the parking demand for this unit by
three (3) spaces. The site has a total of 97 existing parking spaces for all the existing
uses in the commercial office building. Per the tenant roster provided by the Applicant,
the current uses have a Code requirement of 118 parking spaces. Therefore, if you apply
the Code required parking standards, there is an existing deficit of 21 spaces. In order to
better understand the parking demand for the subject site, and to determine if the use
would create a parking impact, the Applicant conducted a parking survey. The survey was
conducted Thursday, February 20, 2020 through Wednesday, February 26, 2020 during
the proposed operating hours. The survey determined that an average of 68
parking spaces were available. In addition, Staff visited the site on various days and
observed the same parking conditions. While the site may be under-parked per Code
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 4 of 9
standards, the demand is significantly less. Therefore, parking will not be impacted by the
proposed use as there is adequate parking on-site.
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 tutoring use 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 tutoring centers. The proposed use will
occupy a vacant commercial unit and will complement the existing office uses in the
building. 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:
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. 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 use in the C-G
zone subject to the review and approval of a Conditional Use Permit. The site has an
adequate number of parking spaces to serve the existing uses and proposed tutoring
use. Therefore, there should be no impacts to the existing businesses in the
commercial office building. 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 tutoring use will occupy an existing
762 square foot commercial unit located within an existing two-story commercial office
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 5 of 9
building. The Applicant conducted a parking survey to ensure the use would not create
parking impacts for the existing uses on the subject site. The parking survey
determined that an average of 68 parking spaces were available during the tutoring
. Therefore, adequate parking will be provided at
the subject site for the existing uses and the proposed tutoring center. In addition, the
proposed operating hours will be compatible with the hours of operation of other office
uses in the building.
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 use. The use will occupy an existing vacant commercial unit within an
existing commercial office building. The site is improved with adequate surface
parking, including the required six (6) parking spaces for the proposed tutoring use.
Therefore, with adequate parking provided, 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 E. Foothill Blvd, 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 tutoring use 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 tutoring use will be located within
an existing commercial office building. Conditions of approval have been included
to ensure the tutoring use 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 an existing
commercial office building, which is adequately serviced by existing utilities. The
request does not include new construction that will impact the provision of utilities,
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 6 of 9
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 proposed tutoring use will not be detrimental to
the public health or welfare, or the surrounding properties. The size and nature of the
operations of the use will not negatively affect the existing uses in the commercial
office building, or the surrounding businesses and properties. In addition, conditions
of approval, such requiring that each classroom have windows to allow observation
from outside of the rooms, and 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
April 16, 2020. As of April 23, 2020, staff did not receive any public comments on this
project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2054 approving
Conditional Use Permit No. CUP 20-01 for a new tutoring use 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 20-01 is limited to a tutoring use and shall be operated and
maintained in a manner that is consistent with the proposal and plans submitted and
approved for CUP 20-01, 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 shall be permitted at any given time. Any changes
to the maximum number of students, shall be subject to review and approval by the
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 7 of 9
Planning & Community Development Administrator, or designee, unless as
determined by the Administrator, or designee, 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. 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.
5. 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
6. The main exit door shall be equipped with panic or lever type hardware. Latched or
key operated locks are not permitted.
7. 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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 20-01
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring use.
9. 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
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 8 of 9
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.
10. Approval of CUP 20-01 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 20-01, stating
that the proposal satisfies the requisite findings, and adopting the attached Resolution
No. 2054 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 Application No. CUP 20-01, 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
If any Planning Commissioner or other interested party has any questions or comments
regarding this matter prior to the April 28, 2020, hearing, please contact Senior Planner,
Luis Torrico, at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2054
Resolution No. 2054 - CUP 20-01
20 E. Foothill Blvd.
April 28, 2020
Page 9 of 9
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. 2054
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information &
Photos of the Subject Property
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
1980
25,162
0
UNITED CAPITAL INVESTMENT GROUP
Site Address:20 E FOOTHILL BLVD
Parcel Number: 5772-001-028
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 17-Apr-2020
Page 1 of 1
Attachment No. 3
Attachment No. 3
Architectural Plans
20 East Foothill Boulevard - Floor 2
20 East Foothill Boulevard, Arcadia, CA 91006
SUITE 215
35'
26'9'
3'-3"
Suite 216
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 2-01 A conditional use permit to allow a new tutoring use
for up to twelve (12) students with a Categorical Exemption
2. Project Location Identify street
address and cross streets or
attach a map showing project site
topographical map identified by
quadrangle name):
20 E. Foothill Blvd., Unit 216 (E. Foothill Blvd & N. Santa Anita
Ave.)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Weidong Peng, Applicant
(2) Address 14 El Dorado St. Unit 10
Arcadia, CA 91006
4. Staff Determination:
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:
April 28, 2020
Staff:
Luis Torrico, Senior Planner