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HomeMy WebLinkAbout1779 t . . 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. , 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 , 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 , . . 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 , evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. 2 1779 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. , . 3 1779 , 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 I 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 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. 4 1779 - . . Passed, approved and adopted this 26th day of August, 2008. ATTEST: Secr , Planning Commission APPROVED AS TO FORM: , ~C'<~ Stephen P. Deitsch, City Attorney W ~i1111A Chairman, Planning Commission 5 1779 t . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) 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 , - - - August26,2008 I I STAFF REPORT Develo~ment Services Department I I I TO: Arcadia Planning Commission' i I FROM: Jim Kasama, Community Development AdminiStrator By: Thomas Li, Associate Planner I I I 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. : I , GENERAL INFORMATION : APPLICANT: Dana H. Lewis (Lessee, dba: StarCat Prep &!Tutorial) I , I 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) I Approximately 44 feet along Huntington Drive Approximately 180 feet along San Rafael Road I I , ~ 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. - CUP 08-09 August 26, 2008 Page 2 , - - - 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 'I 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. - 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 - CUP 08-09 August 26, 2008 Page 4 , ~ - - 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 , If the Planning Commission intends to deny this proposal, the Commission should I 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: (/7ft___- Jim K8Jlama Col11l'1'lunity Development Administrator I I"~ , , 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 , ;> a 1 (; '1 W. H 1UJ ff1) fo fl1] gfo fTi} Dr. U fTi} of /J=f/ CUP (;8a(;~ . . ~~'.~'.t~;~":""'~ ". ,.... , " :~~~. ,~ '-'. -- r-~ ~ .~ :, .~ . " .tl...., .\1: I, ;"j -, I.: ~".. ;;::'- ......-....t. , "'~.; ~- .. . ..... ~l;..~:r~ :t.~.:: ._........ .J .:.~....,~ :.... . .~~ ". :;,. .,- ;. ;:::~; >..< . .~~. .'"'' ,- ';', :-':'. . , ",'. ;..,-:," ,.... - "'J. .-.., , ' ,;..... ....:.0...,.. "-:,',,-", "" . 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'l(c.h-!de,~:S---<::f;';iifhE:7re-; a...--e..-I'1-..:5 s t:)..\/Mo.-b1e. a.;t ~W"e..n t7r()e/5D~in f'9Je~se5 lnAl~!lTe.~.li..i.oI'\P1 free. G J!O::. S o..va..Jak<e- n,,r ~e . U U <2l'1fl<;'~ be(~w ;ndi=1Mf-iOL n~~&,,~. ~ ~ l\~(~~ P;!2-~?:? ~ 1-4 I L~ DNA f(A - TeV)~"fI.G, ..::r E6 A _ yVl LSO - Ter.:u1:s M,IJ,C u..:\h' J._::>~ r r u/U-:"- a../o.ave.. Jl. -.:; .",Clo--.a:r- , -_.;~~-. c ~ .& .;~' "i'!lJ'~ ~ft.: , r h.I ( I / , -- . , --- " -- -- t - - - "- " --- - - ~ \,/~~~ .,~\ "- , , '- ,- .\~~ "Q , ~ .~ , . ' t i .~, .':- -' ~ f-'--'" . . . ~ ~"'t --- ~, -... ~- '-- - --.:~ '~ ~l ~- r~ 'II ...~....~, " \\ : ~ .~"-~.-k~_ . ~ , ! '~ .1,-, ..- -;) . "," " =- __ _,;7 .;.~,..;; " PRELIMINARY EXEMPTION ASSESSMENT - (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 -- 7/02