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RESOLUTION NO. 1779
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. CUP 0~-09 FOR A
TUTORIAL AND EDUCATIONAL CENTER AT 107 W.
HUNTINGTON DRIVE, UNIT H.
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WHEREAS, on Ju]y 24, 2008, a conditional use permit application
was filed by Dana H. Lewis of StarCat Prep & Tutorial for a tutorial and
educational center; Development Services Department' Case No. CUP 08-
09, at property commonly known as 107 W. Huntington Drive, Unit H; and
WHEREAS, a public hearing was held by the Planning Commission
on August 26, 2008, 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 RESOLVES AS FOLLOWS:
SECTION 1.
That the factual data submitted by the
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Development Services Department in the attached report is true and correct.
SECTION 2.
This Commission finds:
1. That the granting of such Conditional Use Permit will not be
detrimental to the public health or we]fare, or injurious to the property or
improvements in such zone or vicinity because the initial study did not
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disclose any substantial adverse effects to the area affec~ed by the proposed
project.
2. That the use applied for at the location indicated is a proper one
for which a Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size, and shape to
accommodate said use. All yards, spaces, walls, fences, loading,
landscaping and other features including the shared parking with the
neighboring business, are adequate to adjust said use with the land and uses
in the neighborhood. The proposed project complies with all related zoning
requirements as set forth in the Arcadia Municipal Code:
4. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not
adversely affect the comprehensive General Plan because the land use and
current zoning are consistent with the General Plan.
6. That the use applied for will not have a substantial adverse impact
on the environment, and that based upon the record as' a whole there is no
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evidence that the proposed project will have any potential for an adverse
effect on wildlife resources or the habitat upon which the wildlife depends.
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SECTION 3. That for the foregoing reasons this Commission
grants Conditional Use Permit No. CUP 08-09, f<,>r a tutorial and
educational center at 107 W. Huntington Drive, Unit H, subject to the
following conditions:
1. There shall not be more than twenty (20) studepts at anyone time
for the tutorial and educational center.
2. The session hours of the proposed use shall be limited to
weekdays from 10:00 a.m. to 9:00 p.rn. from June I st through August 31st,
and 1 :00 p.m. to 9:00 p.m. from September 1st through May 31 st.
3. The use approved by CUP 08-09 is limited to the tutorial and
educational center. The facility shall be operated and maintained in a
manner that is consistent with the proposal and plans submitted and
approved for CUP 08-09.
4. Noncompliance with the plans, provisions and conditions of
approval for CUP 08-09 shall be grounds for immediate suspension or
revocation of any approvals, which cOlild result in the closing of the tutorial
and educatiol1al center.
5. All City code requirements regarding accessibility, fire protection,
occupancy, and safety shall be complied with to the satisfaction of Building
. Services and the Fire Department.
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6. Approva] of CUP 08-09 shall not take effect until the property
owner(s), and applicant have executed and filed the Acceptance Fonn
available from the Development Services Department to, indicate awareness
and acceptance of these conditions of approval.
7. The applicant shall defend, indemnify, and hold harmless the City
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of Arcadia and its officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officers,
employees or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of Arcadia concerning this project and/or
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land use decision, including but not limited to any approval or condition of
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
officers, employees, and agents in the defense of the ma~er.
SECTION 4.
The Secretary shall certify to the adoption of this
. Resolution.
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Passed, approved and adopted this 26th day of August, 2008.
ATTEST:
Secr , Planning Commission
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
W ~i1111A
Chairman, Planning Commission
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1779 was passed and
adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 26th day of August, 2008 and that said Resolution was adopted by the
following vote, to wit:
AYES:
Commissioners Hsll, Parrille and Beranek
NOES:
None
ABSENT: Commissioners Baderian and Baerg
Se of th~ Planning Commission
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August26,2008
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STAFF REPORT
Develo~ment Services Department
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TO: Arcadia Planning Commission' i
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FROM: Jim Kasama, Community Development AdminiStrator
By: Thomas Li, Associate Planner I
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SUBJECT: Conditional Use Permit Application No. CUP 08-09 to operate a tutorial
and educational center within an existing general office building at 107
W. Huntington Drive, Unit H !
SUMMARY
Dana H. Lewis of StarCat Prep & Tutorial submitted the I SUbject application to
operate a tutorial and educational center at 107 W. Hunting~on Drive, Unit H. It is
staffs opinion that the limited proposal is appropriate for the location and would not
have any negative impacts upon the neighboring properti~s. The Development
Services Department is recommending approval of the application subject to the
conditions in this staff report. :
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GENERAL INFORMATION :
APPLICANT: Dana H. Lewis (Lessee, dba: StarCat Prep &!Tutorial)
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LOCATION:
REQUEST:
SITE AREA:
FRONTAGES:
107 W. Huntington Drive, Unit H
A Conditional Use Permit to allow a tutorial land educational center
for up to 20 students in a 958 square-foot unit in an eXisting general
office building.
8,821 sq. ft. (0.2 acres)
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Approximately 44 feet along Huntington Drive
Approximately 180 feet along San Rafael Road
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EXISTING LAND USE ~ ZONING:_I _
The site is developed with a 2-story, 3,666 sq.ft. commercial office
building constructed in 1958, and is zoned C-2 General
Commercial.
SURROUNDING LAND USES & ZONING:
No rt h: garage building (vacant) - zoned Cc2
South: 100 to 1 Bar - zoned C-2
East: Citizens Business Bank - zoned C-2
West: Worley Parsons Group office bldg. - zoned C-2
GENERAL PLAN DESIGNATION:
Commercial
PROPOSAL AND ANALYSIS
The proposal is to operate a tutorial and educational center that would occupy a 958
square-foot unit on the ground floor of an existing 2-story general office building at
107 W. Huntington Drive. The students will be in grades two (2) to seven (7), with a AiIIl
maximum of 20 students at any time. There will be two (2) to three (3) sessions ~
each day and each session would be approximately two hours long. Classes are
proposed to be held Monday through Friday from 10:00 a.m. to 9:00 p.m. from June
to August, and 1':00 p.m. to 9:00 p.m. from September to May. There will be only
one teacher at any time.
A tutorial and educational center is a permitted use in the C-2 zone with an approved
conditional use permit.
Parkina
There are 17 on-site parking spaces. By Code, a tutorial center with only ~tudents of
non-driving age is required to provide 1 space per employee plus 1 space for every 5
students. Under this regulation, the proposed 958 sq.ft. tutorial and educational
center with 20 students and 1 emPloyee would require five (5) parking spaces. In
comparison, four (4) spaces are required for this general office space (4 spaces per
1,,000 sq.ft. of gross floor area). As a result, the proposed use increases the parking
requirement by one (1) space.
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CUP 08-09
August 26, 2008
Page 2
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The existing 3,666 sq.ft. general office building is required to provide 15 spaces.
With the additional space required for the proposed use, a total of 16 spaces are
required. Approval of this proposal would still leave a parking surplus of one (1) on-
site parking space.
The applicant submitted a parking survey indicating a parking surplus on the subject
property (see attached). The survey states that there is a minimum of 13 parking
spaces available between the hours of 9:00 a.m. and 9:00 p.m. Staffs observations
confirmed these findings.
If limited to the number of students and hours as proposed, 1he subject tutorial and
educational center should have a minimal impact upon the neighbors and would not
conflict with the existing permitted uses. It is staffs opinion that the proposal would
satisfy all the prerequisite conditions for a Conditional Use Permit.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking and site design shall be complied with to the satisfaction of
the Building Official, Community Development Administrator, Fire Marshall, and
Public Works Services Director.
CEQA
This project is categorically exempt from further environmental review pursuant to the
provisions of the Califomia Environmental Quality Act, Section 15322. This section
exempts projects for educational or training programs involving no physical changes.
The Development Services Department has prepared a preliminary exemption
assessment and a Notice of Exemption to document such findings.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal 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. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property orj improvements in such
zone or vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
CUP 08-09
August 26, 2008
Page 3
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landscaping, and other features required to adjust said use with the land and ....
uses in the neighborhood. ..
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Pennit will not adversely affectthe
comprehensive General Plap.
RECOMMENDA liON
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 08-09, subject to the following conditions:
1. There shall not be more than twenty (20) students at anyone time for the
tutorial and educational center.
2. The session hours of the proposed use shall be limited to weekdays from
10:00 a.m. to 9:00 p.m. from June to August, and 1:00 p.m. to 9:00 p.m. from
September to May.
3. The use approved by CUP 08-09 is limited to the tutorial and educational
center., The facility shall be operated and maintained in a manner that is
consistent with the proposal and plans submitted and approved for CUP 08-
09.
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4. Noncompliance with the plans, provisions and conditions of approval for CUP
08-09 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the tutorial and educational
center.
5. All City code requirements regarding accessibility, fire protection, occupancy,
and safety shall be complied with to the satisfaction of Building Services and
the Fire Department.
, 6. Approval of CUP 08-09 shall not take effect until the property owner(s), and
applicant have executed and filed the Acceptance Fonn available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
7. The applicant shall defend. indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to
attack, set aside, void, or annul any approval or condition of approval of the
City of Arcadia concerning this project and/or land use decision, including but
not limited to any approval or condition of approval of the City Council,
Planning Commission,or City Staff, which action is brought within the time
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CUP 08-09
August 26, 2008
Page 4
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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 officers, employees, and agents in the
defense of the matter.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 08-09; state the supporting
findings; and adopt Resolution No. 1779, incorporating the Commission's decision,
specific determinations and findings, and the conditions of approval.
Denial
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If the Planning Commission intends to deny this proposal, the Commission should
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move to deny Conditional Use Permit Application No. CUP 08;09, state the finding(s)
that the proposal does not satisfy, and direct staft to I prepare a resolution
incorporating the Commission's decision and specific findings.
If any Planning Commissioner, or other interested parttX has any questions or
comments regarding this matter prior to the August 26 public hearing, please
contact Associate Planner, Thomas Li at (626) 574-5447.
Approved by:
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Jim K8Jlama
Col11l'1'lunity Development Administrator
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Attachments: Aerial Photo with zoning information
Plans
Parking Survey
Photos
Preliminary Exemption Assessment
Resolution No. 1779 for Approval
CUP 08-09
August26,2008
Page 5
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PRELIMINARY EXEMPTION ASSESSMENT
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(Certificate of Determination when attached to Notice of Exemption)
1. Name or description of project: CUP 08-09
2.
Location:
107 W. Huntlnaton Drive. Unit H
3. Entity or person undertaking project:
A.
X B. Other (Private)
Name: Dana H. Lewis of StarCat Preo & Tutorial (lessee)
(1 )
(2)
Address:
682 Irolo St.. #709
Los Anaeles, CA 90005
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in
accordance with the City'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. -1L. The project is categorically exempt.
Applicable Exemption Class: 22
f. The projectis 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: Julv 28. 2008
Thomas P. Li
Staff
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