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RESOLUTION NO. 1778
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. CUP 08-Q7 FOR AN
ART TUTORING AND COLLEGE PREPARATION
CENTER AT 411 E. HUNTINGTON DRIVE, UNITS #201-
203. '
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WHEREAS, on July] 7,2008, a conditional use permit application
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was filed by Angie Cho of Vision 21 Art & College Pr~p Center for an art
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tutoring and college preparation center; Development Services Department
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Case No. CUP 08-07, at property commonly known as 411 E. Huntington
Drive, Units #201-203; 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 RESOL YES AS FOLLOWS:
SECTION 1.
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That the factual data ,submitted by the
Development Services Department in the attached repdrt is true and correct.
SECTION 2.
This Commission finds:
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1. That the granting of such Conditional Use Permit will not be
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detrimental to the public health or welfare, or injurious' to the property or
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improvements in such zone or vicinity because the initial study did not
disclose any substantial adverse effects to the area affected by the proposed
project.
2. That the use applied for at the location indicated isa proper one
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for which a Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
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accommodate said use. All yards, spaces, walls; fences, loading,
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landscaping and other features including the shared parking with the
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neighboring business, are adequate to adjust said use with the land and uses
in the neighborhood. The proposed project complies with all related zoning
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requirements as set forth in the Arcadia Municipal Code.
4. That the site abuts streets and highways adt)quate 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
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adversely affect the comprehensive General Plan because the land use and
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current zoning are consistent with the General Plan.
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6. That the use applied for will not have a substantial adverse impact
. on the environment, and that based upon the record aJ 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.
SECTION 3.
That for the foregoing reasons this Commission
grants Conditional Use Permit No. CUP 08-07, for an art tutoring and
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college preparation center at 411 E. Huntington Drive, Units #201-203,
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subject to the following conditions:
1. There shall not be more than fifteen (15) students at anyone time
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for the art tutoring and college preparation center.
2. The session hours of the proposed use shall berlimited to 1:30 p.m.
to 8:30 p.m., Monday through Friday, and 9:30 a.m. to 8:30 p.m. on
Saturdays.
3. The use approved by CUP 08"07 is limited to the art tutoring and
college preparation center. The facility shall be operated and maintained in
a manner that is consistent with the proposal and plans submitted and
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approved for CUP 08-07.
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4. Noncompliance with the plans, provisions! and conditions of
approval for CUP 08-07 shall be grounds for immediate suspension or
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revocation of any approvals, which could result in the closing of the art
tutoring and college preparation center.
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S. 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 08-07 shall not take effect until the property
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owner(s), and applicant have executed and filed th~ Acceptance Form
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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 .Jcadia, its officers,
employees or agents to attack, set aside, void, or annul any approval or
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condition of approval of the City of Arcadia concerning this project and/or
land use decision, including but not limited to any appmval or condition of
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approval of the City Council, Planning Commission, or City Staff, which
action is brought within the time period provided for ip Government Code
Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant pf any claim, action,
or proceeding concerning the project and/or land use decision and the City
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shall cooperate fully in the defense of the matter. The City reserves the
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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.
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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.
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ATTEST:
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Chairman, Plannitig Commission '
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ary, Planning Commission
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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1778
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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 Coimmssion of the City of
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Arcadia, hereby certify that the foregoing Resolution No. 1778 was passed and
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adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
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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 Hsu, Parrille and BeraneJ
NOES:
None
ABSENT: Commissioners Baderian and Baerg
Sec of the Planning Commission
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STAFF REPORT
August 26, 2008
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Develo~ment Services Department
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TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Adminil;!trator
By: Thomas Li, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 98-07 to operate an art
tutoring and college preparation center within: an existing commercial
building at 411 E. Huntington Drive, Units #2011203
SUMMARY
Angie Cho of Vision 21 Art & College Prep Center submitted:the subject application
to operate an art tutoring and college preparation center at 411 E. Huntington Drive,
Units #201-203. It is staff's opinion that the proposal is a limited use that is
appropriate for the site and would not have any negative impacts upon the
neighboring properties. Therefore, the Development Services Department is
recommending approval of the application subject to the conditions in this staff
report.
GENERAL INFORMATION
APPLICANT: Angie Cho (representative of Vision 21 Art & College Prep Center)
LOCATION: 411 E. Huntington Drive, Units #201-203
REQUEST: A Conditional Use Permit with a parking modification to allow an art
tutoring and college preparation center for l,lp to 15 students that
would occupy a 2,400 square foot unit within an existing commercial
building. 1
SITE AREA: 166,000 sq. ft. (3.8 acres)
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FRONTAGE: Approximately 550 feet along Huntington Drive
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EXISTING LAND USE & ZONING:
The site is developed with a3-story, 69,700 sq.ft. commercial office
and retail building and two freestanding restaurants totaling 11,600
sq.ft. constructed in 1990, and is zoned CPD-1, Commercial
Planned Development.
SURROUNDING LAND USES & ZONING:
N 6rth: Santa Anita Wash - unzoned
South: Commercial Office building - zoned CPD-1
East: Santa Anita Wash-unzoned
W es t : Hotel and Restaurant - zoned CPD-1
GENERAL PLAN DESIGNATION:
Mixed Use - Commercial/Multiple-Family Residential
PROPOSAL AND ANALYSIS
The proposal is to operate an art tutoring and college test preparation center that ....
would occupy a 2,400 square-foot unit on the second floor of an existing commercial ....
office and retail building at 411 E. Huntington Drive. The students will typically be
younger than high school age and attendance will be limited to a maximum of 15
students per session, with one session at any given time. Each session would be
approximately two to three hours long. The propoSed class hours are from 1 :30 p.m.
to 8:30 p.m., Mondaythrough,Friday, and 9:30 a.m. to 8:30p.m. on Saturdays.
An art tutoring and college test preparation center is a permitted use in the CPD-1
zone with an approved conditional use permit.
A college test preparation center has occupied unit #309 (approximately 1,300 sq.ft.)
within the building since 2004., That use was approved by CUP 04-08 for.a
maximum of 44 students for each session and operates 4:30 p.m. to 10:00 p.m.,
Monday through Thursday, 4:00p.m. to 6;00 p.m. on Fridays, 8:00 a.m. to 6;00 p.m.
on Saturdays, and 8:00 a.m. to 10:00 p.m. ,on Sundays, No problems have been
associated with this operation.
Parkina
There are 428 on.site parking spaces. By Code, a tutorial center that enrolls
students that are of driving age is required to provide 1 space per employee plus 1
space for every 3 students. Under this regulation, the proposed 2,400 sq.ft. art ~
tutorial and college preparation center with 15 students and 3 employees would ~
CUP 08-07
August 26, 2008
Page 2
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require eight (8) parking spaces. This is in comparison to the ten (10) spaces
required for the original general office use designation of the subject unit (4 spaces
per 1,000 sq.ft. of gross floor area). As a result, this use would decrease the current
parking deficiency by 2 spaces.
Parking Requirements for the subject Commercial Site
Approx.
Tvpe of business Sa. Ft.
Ground Floor Retail 24,860
(3) Restaurants with <5,001 sq.ft. 7,680
(1) Restaurant with >5,001 sq.ft. 6,600
Sandwich Shop (Subway) 1,090
2nd & 3rt! Floor Offices 37,370
Princeton Test Prep. Center 1,300
(4 employees & 44 students)
Proposed Tutorial Center 2,400
(3 emplovees& 15 students)
Totals 81,300
Parking
Ratio
5/1,000
10/1,000
15/1,000
15/1,000
4/1,000
1/ employee +
1/ 3 Students
1/ employee +
1/ 3 Students
Spaces
Reauired
124
77
99
16
150
19
8
493
With this tutorial center, a total of 493 spaces would be required for the subject
commercial center, resulting in a parking deficiency of 65 [spaces. The parking
modification would be 428 spaces in lieu of 493 required.
The applicant submitted a parking survey indicating a substantial parking surplus
(see attached). The survey states that there is a minimum of 180 parking spaces
available between the hours of 9:00 a.m. and 8:00 p.m. Upon site visits, staff
confirmed such findings and believes that this use would not create a parking
deficiency.
If limited to the number of students and hours as proposed, this art tutoring and
college preparation program could have a lesser parking impact than a general office
use and would not conflict with the existing permitted uses. I Therefore, it is staffs
opinion that the proposal would satisfy all the prerequisite conditions for a
Conditional Use Permit.' I
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.
CUP 08-07
August 26, 2008
Page 3
CEQA
This project is categorically exemptfrom further environmental review pursuant to the
provisions of the California 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 satisfiedt
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or 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,
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 Permitwill not adversely affect the
comprehensive General Plan.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 08-07, subject to the following conditions:
1. There shall not be more than fifteen (15) students at anyone time for the art
tutoring and college preparation center.
2. The session hours of the proposed use shall be, limited to 1 :30 p.m. to 8:30
p.m., Monday through Friday; and 9:30 a.m. to 8:30 p.m. on Saturdays.
3. The use approved by CUP 08-07 is limited to the art tutoring and college
preparation center. The facility shall be operated and maintained in a manner
that is consistent with the proposal and plans submitted and approved for
CUP 08-07.
CUP 08-07
August 26, 2008
Page 4
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4. Noncompliance with the plans, provisions and conditions of approval for CUP
08-07 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the art tutoring and college
preparation center.
5. All City code requirements regarding accessibility, firel protection, occupancy,
and safety shall be complied with to the satisfaction of Building Services and
the Fire Department.
6. Approval of CUP 08-07 shall not take effect until the property owner(s), and
applicant have executed and filed the Acceptance Form 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 agaiQst 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 opti,on, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
PLANNING COMMISSION ACTION
Aooroval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 08-07, state the supporting
findings; and adopt Resolution No. 1778, 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, t~e Commission should
move to deny Conditional Use Permit Application No. CUP 08:.07, state the finding(s)
that the proposal does not satisfy, and direct staff to prepare a resolution
incorporating the Commission's decision and specific findings.
CUP 08-07
August 26, 2008
Page 5
If any Planning Commissioner, or other interested pa~ has any questions or
comments regarding this matter prior to the August 26 public hearing, please
contact Associate Planner, Thomas U at (626) 574-5447.
Approved by:
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unity Development Administrator
Attachments: Aerial Photo with zoning information
Plans
Parking Survey
Photos
Preliminary Exemption Assessment
Resolution No. 1778 for Approval
CUP 08-07
August 26, 2008
Page 6
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411 lEa 1Hl1UJ1!1J~il!1Jg~Otnl Dr #201 c203
CUP OB~@1
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For VIsIOn 21, Art, I/o, College Prep Center tmllilMil
411 E. Hl!rrtlngton Drive, S.iilte 201-203
Arcadia. CA 9100&
PROJECT INFORMATION =--=--
PRQPEtu1"lNFORMATION: ---
Q\liIlIIER: ~~,.~~~
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vicinity map
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r A.RK1NG SURVEY
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Parking survey was conducted every 2 hours on proposed Vision 21 's
business operation hours.
#OF SPACE AVAILABLB
Add: 411 B. Huntington Dr., Arcadia CA 91006
9:00 AM
11 :OOAM
1 :00 PM 274 244 219 225 212 299
3:00PM 282 261 255 249 241 321
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5:00 PM 243 206 222 210 208 289
7:00 PM Z21 199 183 194 180
8:00 PM 234 203 198 236 222
I hereby cert!fy that the parking survsydata above and Information required for
CUP are true and ,correct to the best of my knowledge andbe/lef.
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Please do not hesitate to contact Angie Kim If you have any questions or need any
additlonallnformatlon@'1.213.385.6700.
Sincerely,
Angie Kim
Tenant Owner
Vision 21 & College Prep center
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PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination when attached to Notice of Exemption)
1. Name or description of project: CUP 08-07
2. Location: 411 E. Huntinqton Drive #201-203
3. Entity or person undertaking project:
A.
X B. Other (Private)
(1) Name: Anqie Cho of Vision' 21 Art & Colleqe Prep
Center (lessee)
(2) Address:
3700 Wilshire Blvd.. #1050
Los Anqeles, CA 90010
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. ..lL. The project is categorically exempt.
Applicable Exemption Class: 22
t The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt on the follpwing basis:
h. The project involves another public agen,cy which constitutes the
Lead Agency: Name of Lead Agency
Date: Julv 28, 2008
ThomasP. Li
Staff
7102