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HomeMy WebLinkAboutPC Item No. 1_CUP 20-06_8 E Foothill Blvd DATE: October 27, 2020 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Edwin Arreola, Assistant Planner SUBJECT: RESOLUTION NO. 2065 – APPROVING CONDITIONAL USE PERMIT NO. CUP 20-06 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW A LEARNING CENTER WITH UP TO 30 STUDENTS AT 8 EAST FOOTHILL BOULEVARD Recommendation: Adopt Resolution No. 2065 SUMMARY The Applicant, WeLearn Group, is requesting approval of Conditional Use Permit Application No. CUP 20-06 for a learning center (dba: Level Up) to occupy an existing 4,670 square foot existing two-story commercial office building at 8 E. Foothill Boulevard. The proposed learning center will accommodate up to 30 pre-high school grade students, two (2) full-time employees and six (6) part-time employees. It is recommended that the Planning Commission adopt Resolution No. 2065 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 20-06, subject to the conditions listed in this staff report. BACKGROUND The subject site is approximately 11,230 square feet and is located at the southeast corner of Foothill Boulevard and Santa Anita Avenue. The site is developed with an existing two-story 4,670 square foot, commercial office (See Figure 1). The property is zoned C-G (General Commercial) and has a General Plan Land Use Designation of Commercial. The existing building is currently vacant and was previously occupied by Dilbeck Realty. The site is surrounded by other commercial properties to the north, east, south and west, - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 2 of 10 Figure 1 - Aerial of Subject Site PROPOSAL The Applicant is requesting a Conditional Use Permit (CUP) to operate a learning center, (dba: Level Up) for pre-high school grade students. The learning center will offer small group sessions and individual tutoring on computer coding, STEM (Science, Technology, Engineering, and Math) subjects, English, and Arts. The center will include two classrooms for learning sessions on the first floor and individual study sessions for one- on-one private tutoring on the second floor (see Figures 2 and 3). Each group session will accommodate up to ten (10) students and no more than 30 students will be present in the building at any given time. Students will mostly be working on desktop computers and laptops set up at desks within the center as they work through coding, gaming and programming sessions. The learning center will operate everyday during the following hours: During the school year: 3:00 p.m. to 7:00 p.m. - Monday through Friday 10:00 a.m. to 3:00 p.m. – Saturday and Sunday CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 3 of 10 Figure 3 – Proposed Second Floor Plan Summer months: 9:00 a.m. to 5:00 p.m. – Monday through Friday 10:00 a.m. to 3:00 p.m. – Saturday and Sunday Figure 2 – Proposed First Floor Plan CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 4 of 10 Due to COVID-19 regulations at the time of this submittal, the Applicant will be operating the center through virtual learning with staff on site to support students virtually. All Los Angeles County Department of Health protocols will need to be followed while COVID-19 regulations are in effect. The Applicant will be informed of when normal business operations may commence. ANALYSIS The Arcadia Development Code allows learning centers in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed learning center will have up to 30 students, two (2) full-time employees, and six (6) part-time employees. As required for all educational uses by the City’s Development Code, each classroom will have windows to allow observation from outside of the rooms. A condition has been placed on the project that requires that windows and glass doors remain unobstructed to allow for easy viewing from hallways into the classrooms (refer to condition no. 3). The request has been reviewed by the Building and Fire Departments and no concerns were raised. For a learning center that serves students under high school age, the Development Code requires one (1) parking space for every five (5) students and one (1) for every employee. With up to 30 students and eight (8) employees, a total of 14 parking spaces are required. The site currently has a total of 17 existing parking spaces and one (1) existing ADA parking space which meets the required parking. Therefore, parking will not be impacted by the proposed use as adequate parking will be provided. 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 learning center 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 learning centers. The proposed use will occupy a vacant commercial unit and is a use that is complementary to the nearby single-family residential neighborhoods. In addition, the proposed use is a use allowed in the C-G (General Commercial) zone subject to the approval of a Conditional Use Permit. It will not adversely affect the comprehensive General Plan, and it is consistent with the following General Plan goal and policy: CUP 20-06 8 E. Foothill Boulevard October 27, 2020 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. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply 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 learning centers 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, and vehicular and foot traffic are within what would be expected for an educational use in the neighborhood. Therefore, there should be no impacts to the adjacent commercial uses and properties. Lastly, the proposal complies with all other 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 learning center will occupy 4,670 square feet in an existing two-story commercial office building. No other uses are proposed on the subject site and adequate parking will be provided for the proposed learning center. The use of the site as a learning center is compatible with existing commercial office businesses located along Foothill Boulevard, and with residential uses nearby. 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 learning center. The use will occupy an existing vacant commercial office building, and the site is improved with 18 parking spaces, which are more than sufficient parking required for this use based on the number of students and instructors. No outdoor activity is required at this tutoring center. Therefore, the proposed use is suitable for this site. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 6 of 10 Facts to Support This Finding: The site is located on the southeast corner of Foothill Boulevard and Santa Anita Avenue, which are designated and designed with the capacity to accommodate both public and emergency vehicles. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the learning 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 learning center will be located within an existing commercial office building. Conditions of approval have been included to ensure the learning center will be operated in a safe manner, and not impact public protection services. 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 neither includes new construction, nor will be operated, in a manner that will impact the provision 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 learning center will not be detrimental to the public health or welfare, or to the surrounding properties. The size and nature of the operation of the use will not negatively affect the existing uses in the surrounding properties. In addition, conditions of approval have been included to mitigate any potential impacts, such as requiring each classroom door to have a window to allow observation from outside of the rooms, and that the use be subject to periodic inspections. 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). CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 7 of 10 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 15, 2020. As of October 22, 2020, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2065 approving Conditional Use Permit No. CUP 20-06 for a new learning center with up to thirty (30) 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 20-06 is limited to a learning center and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-06. The use shall be subject to periodic inspections, after which the conditions of this Conditional Use Permit may be adjusted after due notice in order to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses, nearby residential uses and properties. 2. No more than thirty (30) 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 learning center shall not operate past 8:00 p.m. Any changes to the hours of operation, 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. 4. Each classroom or private tutoring room door shall have an unobscured glass window to allow easy viewing from the hallway. The final design and specifications of the door with a glass window shall be reviewed by the Planning & Community Development Administrator, or designee, prior to submitting their plan to Building Services for plan- check. 5. 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. 6. The plans submitted for Building plan check shall comply with the 2020 Building and Fire Codes as applicable: CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 8 of 10 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 7. The proposed use is a change from the previous occupancy group classification, and therefore the existing building must be made to comply with the requirements of all applicable codes for the new occupancy classification. Complete plans, calculations and other specifications shall be submitted to Building Services for review, approval and subsequent permit issuance. The plans, calculations and other specifications shall be prepared by an Architect or Registered Civil/Structural Engineer licensed in the State of California who is qualified to perform said work. 8. Conditions from the Fire Department: • A full coverage fire alarm system shall be provided. • An illuminated exit signage and emergency lighting shall be provided. • A minimum rated 2A:10BC fire extinguisher shall be provided at an approved location, as determined by the City’s Fire Marshal. • All exit doors to the exterior shall be equipped with panic or lever type hardware. Latched or key operated locks are not permitted. • A knox box shall be provided at an approved location, as determined by the City’s Fire Marshal. • A minimum one hour occupancy separation shall be maintained between the first floor parking area and the main occupancy. 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. CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 9 of 10 10. Noncompliance with the plans, provisions and conditions of approval for CUP 20-06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the learning center. 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 20-06 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 20-06, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2065 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 20-06, 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 has any questions or comments regarding this matter prior to the October 27, 2020, hearing, please contact Assistant Planner, Edwin Arreola, at (626) 821-4334, or by email at earreola@ArcadiaCA.gov. CUP 20-06 8 E. Foothill Boulevard October 27, 2020 Page 10 of 10 Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2065 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. 2065 Attachment No. 2 Attachment No. 2 Aerial Photo and Zoning Information and Photos of the Subject Property Disclaimer: 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. THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 © City of Arcadia WGS_1984_Web_Mercator_Auxiliary_Sphere 0 Miles0.0 0.01 Legend 1: 8 E. Foothill Boulevard (APN: 5772-001-018) Reported on 10/20/2020 11:26 AM 564 Notes Property Characteristics Zoning: C-G General Plan: C Lot Area (sq ft): 11,230 Main Structure (sq ft): 4,670 Year Built: 1980 Number of Units: 0 Overlays: N/A Addresses City Boundary Arcadia City Boundary Sphere of Influence Parcels Disclaimer: 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. THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.1 © City of Arcadia WGS_1984_Web_Mercator_Auxiliary_Sphere 0 Miles0.1 0.07 Legend 1: Zoning Map Reported on 10/20/2020 11:34 AM 4,514 Notes 8 E. Foothill Blvd. C-G (General Commercial) Zone City Boundary Arcadia City Boundary Sphere of Influence Parcels Zoning R-O (22,000) R-O (15,000) R-O (30,000) Residential Mountainous (R-M) Low Density Residential (R-O) R-1 (15,000) R-1 (12,500) R-1 (7,500) Low Density Residential (R-1) Medium Density Residential (R-2) High Density Residential (R-3) Restricted High Density Residential (R-3-R) Central Business District (CBD) General Commercial (C-G) Professional Office (C-O) Regional Commercial (C-R) Open Space - Outdoor Recreation (OS-OR) Open Space - Resource Protection (OS-RP) Mixed Use (MU) Downtown Mixed Use (DMU) Commercial Manufacturing (C-M) Industrial (M-1) Public Facilities (PF) Special Uses (S-1) Rail Right-of Way (R-R) Arcadia Logistics Center Specific Plan (SP-ALC) Specific Plan-Arroyo Pacific (SP-AP) Santa Anita Specific Plan (SP-SA1) Subject Property - Facing South Subject Property - Facing North Subject Property - Facing Southeast Attachment No. 3 Attachment No. 3 Architectural Plans ADA Parking Space 19’.92”19’.83”Length of front stalls: 19’92” Length of back stalls: 19’83” Trash Enclosure Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 20-06 Conditional Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15301(a) to allow a new learning center of up to thirty (30) students. 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): 8 E. Foothill Blvd. – The business is located on the Southeast corner of E. Foothill Blvd and N. Santa Anita Ave. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name WeLearn Group (2) Address 3579 E. Foothill Blvd. #721 Pasadena, CA 91107 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: October 12, 2020 Staff: Edwin Arreola, Assistant Planner