Loading...
HomeMy WebLinkAbout1750 e . . . . RESOLUTION NO. 1750 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 06-09 TO PERMIT AN ENRICHMENT LEARNING CENTER AT 1010 S. BALDWIN AVENUE. WHEREAS, on July 27, 2006, a Conditional Use Permit was filed by Greg Shen on behalf of the property owner Chinnaporn Korprapun to permit an enrichment learning center for children ages 3-7 at 1010 S. Baldwin Avenue; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined that there is no substantial evidence that the approval of Conditional Use Permit No. 06"09 would result in a significant adverse effect on the ,environment that cannot be mitigated to a level of less than significant; accordingly, a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and 1 . . . WHEREAS, a public hearing was held by the Planning Commission on September 12, 2006, at which time all interested persons were given full opportunity to be heard and 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 would not be . detrimental to the public health or welfare, 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 affected 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 based on specific conditions of approval relating to age restriction, landscaping, and design. 3. That the site for the proposed senior housing project is adequate in size and shape to accommodate said use. All yards, spaces, loading, landscaping, . 2 . . . . . parking, and other features are adequate to accommodate senior housing with the land and uses in the neighborhood. 4. That the site street is adequate in width and pavement type to carry the kind of traffic generated by the proposed use, based on specific conditions of approval regarding circulation and traffic, especially during construction. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the proposed project as conditioned is consistent with the Zoning and General Plan land use designation of the project site. 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. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 06-09 to permit an enrichment learning center for children ages 3-7 with a maximum of 15 students during each session at 1010 S. Baldwin A venue, upon the following conditions: 3 . . . . . I. The proposed project and the site shall be developed and maintained in a manner that is consistent with the plans submitted and approved for Conditional Use. Permit No. 06-09. 2. There shall be no more than 15 students during each session, and the students shall be limited to 3-7 years old. 3. Only one session may be permitted at any given time. 4. Business hours shall be limited from: Monday through Friday - 9:00 a.m. to 5:00 p.m. Saturday and Sundays - 9:00 a.m. to 3:00 p.m. 5. Approval of Conditional Use Permit 06-09 shall not take effect until the property owner(s), and applicants have executed and filed an Acceptance Form, available from the Development Services Department, indicating awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnity, 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 4 . . . . . 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 ofthe matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of September 12, 2006, by the following vote: AYES: NOES: ABSENT: SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. 5 . . . I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the I th day of September 2006, by the following votes: AYES: NOES: ABSENT: UR,ro) Chairman, Planning Commission ATTEST: . - . S lanning Co Slon APPROVED AS TO FORM: r ~(), I~ Stephen P. Deitsch, City Attorney 6 . . . . . STAFF REPORT Development Services Department September 12, 2006 TO: FROM: Arcadia Planning Commission Jason Kruckeberg, Community Development Administrator By: Lisa L. Flores, Senior Planner SUBJECT: Conditional Use Permit No. 06-09 ~UMMARY This application was filed by Mr. Greg Shen on behalf of the property owner, Ms. Chinnapom Korprapun to request a Conditional Use Permit to operate an enrichment leaming center at 1010 S. Baldwin Avenue. The Development Services Department is recommending approval of the proposed use SUbject to the conditions of approval outlined in this staff report. GENERAL INFORMATION APPLICANT: Greg 'Shen on behalf of the property owner, Chinnapom Korprapun LOCATION: 1010 S. Baldwin Avenue REQUEST: To permit an enrichment learning center for children ages 3-7, and a maximum of 15 students. LOT AREA: 21,427 square feet (0.49 acres) FRONTAGE: Approximately 66'..(J' along Baldwin Avenue EXISTING LAND USE & ZONING: The project site is aJrrenlly developed with a two-story, 6,909 square foot commercial building that was constructed in 1969. . . . . . The first 144' of the property is zoned C-2, and the rear 170' is zoned PR-3. SURROUNDING lAND USES & ZONING: North: General Commercial Uses - zoned C-2 South: Bowling Alley - zoned C-2 East: Residential Apartments - zoned C-2 West: General Commercial Uses - zoned C-2 GENERAL PLAN DESIGNATION: Commercial PROPOSAL The applicant proposes to operate an enrichment learning center, known as "Fastrackids. that will occupy a 1,200 square foot unit on the first floor of the two- story 6,909 square foot commercial building. Fastrackids is an enrichment leaming center that teaches creativity, communication, leadership skills, and builds confidence in children from 3-7 years old. The subjects are taught during a two-hour session that meets once a week, and each class consists of a maximum of 15 students. Typically there will be a total of 2 sessions each day. Business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday, and from 9:00 a.m. to 3:00 p.m. on Saturday and Sundays. An enrichment learning center is considered a school per the City's Municipal Code, which is a permitted use in the C-2 zone with an approved Conditional Use Permit. The applicant will be one of seven tenants within the building. ANALYSIS The Subject site has 37 on-site parking spaces. A learning center for students that are not of high school age requires 1 parking space for each employee and 1 space for every 5 students. Given that they will have a maximum of 15 students at each class and 2 employees, a total of 5 parking spaces are required. Based on the requirements for all the tenants (1010 to 1012 S. Baldwin Avenue), including the proposed use, a total of 35 parking spaces are required, which results in a surplus of 2 spaces since 37 on-site spaces ate currently provided. The attached .Parking Survey" was submitted by the applicant, which shows a number of available on-site parking spaces. Staff has conducted several site visits and confirmed the applicent's findings (see the attached parking study). CUP 06-09 September 12, 2006 Page 2 . . . . . Also, the proposed use is appropriate for this site since there is approximately 30' -0" of clearance between the building and the first parking space for the drop- off, and pick-up area, as shown on the submitted site plan. It is staffs opinion that the proposed use will be compatible with the surrounding uses, and the enrichment center will not have al'\ adverse impact to the on-site parking. As such, it is staff's opinion that the proposed use is appropriate for the site, provided that the operation of such use remains consistent with this application. The applicant shall be required to comply with all the code requirements as determined necessary by the Building Official, Fire Marshall, Public Works Services Director, CitY Engineer, and the Development Services Director. CEQA Pursuant to the provIsIons of the Califomia Environmental Quality Act, the Development Services Department has prepared an Initial Study for the propoSed project. Said Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physicel conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. When considering 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. Therefore, a Negative Declaration has been prepared for this project, RECOMMENDATIONS The Development Services Department recommends approval of Conditional Use Permit No. 06-09, subject to the following conditions of approval: 1. The proposed project and the site shall be developed and maintained in a manner that is consistent with the plans submitted and approved for Conditional Use Permit No. 06-09. 2. There shall be no more than 15 students during each session, and the students shall be limited to ~7 years old. 3. Only one session may be permitted at any given time. 4, Business hours shall be limited from: Monday through Friday - 9:00 a.m. to 5:00 p.m. Saturday and Sundays -9:00 a.m. to 3:00 p.m. CUP 06-09 September 12, 2006 Page 3 . . . . . Approval of Conditional Use Permit 06-09 shall not take effect until the property owner(s), and applicants have executed and filed an Acceptance Form, available from the Development Services Department, indicating awareness and acceptance of these conditions of approval. 6. 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 officars, employees or agents to attack, set aside,void, or annul any approval or condition of approval of the City of Arcadia concerning this project anellor 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 anellor 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. 5. PLANNING COMMts.s.ION ACTION 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 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. CUP 06-09 September 12, 2006 Page 4 . . . 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Aooroval The Planning Commission should move to approve the Negative Declaration and Conditional Use Permit Application No. 2006-09, and adopt Resolution No. 1750, which sets forth the specific finding to permit an enrichment learning center at 1010 S. Baldwin Avenue. Denial If the Planning Commission intends to deny this Conditional Use Permit, the Commission should state the specific reasons for denial and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. If any Planning Commissioner; or other interested party has any questions regarding this matter prior to the September 12, 2006 public hearing, please contact Lisa Flores at (626) 574-5445. . Approved By: Jason Kruckeberg Community Development Administrator Attachments: Resolution No. 1750 Vicinity Map and Aerial Map Initial Study - Negative Declaration Parking Study conducted by the Applicant Letter from the Applicant Architectural Plans . CUP 06-09 September 12, 2006 Page 5