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HomeMy WebLinkAbout1745 . RESOLUTION NO. 1745 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT APPLICATION NO. CUP 2006-04 FOR A LEARNING CENTER WITH 10 STUDENTS AND TWO EMPLOYEES WITHIN AN EXISTING COMMERCIAL OFFICE BUILDING AT 118 W. LAS TUNAS DRIVE, UNITS A AND B. WHEREAS, on March 27,2006, an application was filed by Myung Hye, Cho for a learning center with 10 students and two employees within an existing commercial office building; Development Services Department Case No. CUP 2006-04, at 118 W. Las Tunas Drive, Units A and B; and . WHEREAS, a public hearing was held on May 9, 2006, 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 HEREBY RESOLVES AS FOLLOWS: SECTION I. That the factual data submitted by the Development Services Department in the attached report dated May 9, 2006 is true and correct. SECTION 2. This Commission fmds: . . . . A. That the granting of this Conditional Use Permit would be detrimental to the public health and welfare and injurious to the property and improvements in such zone or vicinity because the existing parking facilities are inadequate and there is not sufficient traffic circulation for the proposed learning center. B. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized; however, the proposed use is not compatible with the other uses in the same building. C. That the site for the proposed use is not adequate in size and shape to accommodate the proposed use, and that there is not sufficient onsite traffic circulation to accommodate the proposed use. D. That the site abuts a street that is adequate in width to carry the kind of traffic that would be generated by the proposed use; however, there is not sufficient onsite traffic circulation to accommodate the use. E. That the granting of such Conditional Use Permit will adversely affect the comprehensive General Plan because although the land use and current zoning are consistent with the General Plan, there is not sufficient onsite traffic circulation to accommodate the use. 1745 2 . . . F. That the evaluation of the environmental impacts as set forth in the initial study is appropriate and that the project could have less than a significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970, but the project was not approved, and therefore, a Negative Declaration could not be approved. SECTION 3. That for the foregoing reasons this Commission denies Conditional Use Permit Application No. CUP 2006-04 for a learning center with 10 students within an existing commercial office building at 118 W. Las Tunas Drive, Units A and B. SECTION 4. The decision and findings contained in this Resolution reflect the Planning Commission's action of May 9, 2006 to deny Conditional Use Permit Application No. CUP 2006-04, by the following votes: AYES: Commissioners Baderian, Beranek, Hsu, Lucas, and Olson NOES: None 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. 1745 3 . . . -- I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on May 23, 2006, by the following votes: AYES: Commissioners Baderian, Beranek, Hsu, Lucas, and Olson NOES: none c~ Chairman, PI City of Arcadia ATTEST: Secretary, lanning Cornnlis . City of Arcadia APPROVED AS TO FORM: ~P.~ Stephen P. Deitsch, City Attorney City of Arcadia 1745 4 . . \ i. I \. \ STAFF REPORT Development Services Department May 9,2006 TO: Arcadia Planning Commission FROM: Jason Kruckeberg, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 2006-04 for a learning center at 118 W. Las Tunas Drive, units A and B. SUMMARY This Conditional Use Permit application was submitted by Myung Hye Cho, lessee of the subject property, to operate a learning center with 10 students at 118 W. Las Tunas Drive, units A and B. The Development Services Department is recommending denial of this application because the proposed use is incompatible with the existing uses within the same building, and there is inadequate On-site traffic circulation. GENERAL INFORMATION APPLICANT: MyungHye Cho (lessee) LOCATION: 118 W. Las Tunas Drive, units A and B REQUEST: A Conditional Use Permit for a 1,755 sq:ft. learning center with 10 students within an existing single-story commercial and medical office building. SITE AREA: 10,000 sq. ft. (0.23 acres) FRONTAGE: Approx. 100 feet along Las Tunas "Drive . . . EXISTING LAND USE & ZONING: The site is developed with a single-story,. 3,800 sq.ft. commercial and medical office building constructed in 1999, and is zoned CoM, Commercial-Manufacturing. SURROUNDING LAND USES & ZONING: North: South: East: West: Professional Office Buildings - zoned CoO Auto Repair GarClge - zoned CoM Animal Hospital - zoned CoM Commercial Retail Uses (Enterprise rent-a-car and Pet and Jungle Pet Store) - zoned CoM GENERAL PLAN DESIGNATION: Commercial BACKGROUND The subject 3,800 sq.ft. commercial and medical office building was constructed in 1999 with four units. Units A, B, and C are general office units, and unit D is occupied by a dental office, as permitted based on adequate on-site parking per the City's current parking requirements. The applicant intends to operate a learning center in units A and B. PROPOSAL The proposal is to operate a 1,755 sq.ft. learning center that would occupy two units (A and B) within the subject office building at 118 W. Las Tunas Drive. Classes would be provided to elementary students aged six (6) to thirteen (13) on weeknights from 3:00 p.m. to 6:00 p.m. The classes would cover subjects such as Math, English, and Korean. Students would be given individual class exercises to work at their own pace. Therefore, there is no predetermined number of sessions, but the applicant would limit the number of students to a maximum of ten (10) at anyone time. A leaming center is a permitted use in the CoO zone with an approved conditional use permit. Parkina There are 17 on-site parking spaces. By Code, a learning center with students of non-driving age is required to provide 1 space per employee plus 1 spac\;! for every 5 students. Under this regulation, the proposed 1,755 sq.ft. learning center with ten (10) students and two (2) employees would require four (4) parking spaces. CUP 06-04 May 9, 2006 Page 2 . Together with the existing office and medical uses, the proposed use would result in a parking surplus of 2 spaces. The following is a break-down of the on-site parking requirements: Parking Requirements for Commercial Uses at 118 W. Las Tunas Dr. Tvpe of business Office use (unit C) Dental Office (unit D) Learning Center (2 employees, (Units A &8) 10 students) Totals 3.800 On-site parking spaces provided Approx. Sa. Ft. 978 1,067 1,755 Parking Ratio 4 sp/1 ,000 s.f, 6 sp/1,OOO s.f. 1/employee + 1/5 students Spaces Reauired 4 7 4 15 17 ANALYSIS In staffs opinion, the proposal is inconsistent with the design of the building to accommodate general office uses. The typical noise level associated with children would have a negative impact on the existing office and medical tenants. From experience with similartutoring/learning centers that are within the City, staff feels that such uses are more suited for stand-alone sites. . Also, the site does not provide adequate on-site traffic circulation to accommodate the loading and unloading of the students within a short period of time. Although the applicant is proposing to convert two existing parking stalls into loading spaces, the lack of proper on-site traffic circulation for the proposed use may cause traffic to back out onto las Tunas Drive, especially when parents are dropping off and picking up their children at the same time; each driver would have to make a three-point turn to exit the parking area. Staff is recommending denial of this application for two reasons: first, the proposed use is incompatible with the intended design and current occupancy of the subject building; and second, the configuration of the parking areas is inadequate in size and shape to accommodate the proposed use. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, 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 06-04 May 9, 2006 Page 3 . . .. , Any exterior improvements, such as any new signs, sign face changes, and awnings shall be subject to architectural design review and approval by the Community Development Division. CEQA Pursuant to the provIsions of the California 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 physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance that could not be made less than significant with mitigation incorporation. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared for this project. 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 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 Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends denial of Conditional Use Permit Application No. CUP 2006.(J4 because, with reference to the above prerequisite conditions, the subject site is inadequate in size and shape to accommodate said use. CUP 06-04 May 9,2006 Page 4 . If the Planning Commission determines that based on the evidence presented this is an appropriate use at this site and moves to approve Conditional Use Permit Application No. CUP 2006-04, staff recommends the following conditions of approval: 1. There shall be no more than ten (10) students and two (2) employees at any one time. 2. The students shall be restricted to sixteen (16) years old ar:1d under on the weekdays. 3. The class hours shall be limited to 3:00 p.m. to 6:00 p.m., Monday through Friday. 4. The use approved by CUP 2006-04 is limited to the learning center. The learning center shall be opE:lrated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2006- 04. . 's. A separate sign design review application shall be submitted for all new signs on the premises, 6. Any exterior alteration to the building requires the filing and approval of a design review application. 7. All conditions of approval shall be complied with prior to opening the learning center. Noncompliance with the plans, provisions and conditions of approval for CUP 2006-04 'shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the learning center. 8. 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. 9. Approval of CUP 2006-04 shall not take effect until the property owner(s), and applicants have executed and filed tbe Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 10. 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 period provided for in Government Code Section 66499.37 or other proviSion . CUP 06-04 May 9. 2006 Page 5 . . . 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 m;3tter. PLANNING COMMISSION ACTION Denial The Planning Commission should move to deny Conditional Use Permit Application No. CUP 2006-04 because the proposal cannot satisfy all of the required prerequisite conditions for a Conditional Use Permit, and direct staff to prepare a resolution affirming the Commission's decision and specific findings. Aooroval If the Planning Commission intends to approve Conditjonal Use Permit Application No. CUP 2006-04, the Commission should move to file the Negative Declaration, state the supporting findings, and direct staff to prepare a resolution incorporating the Commission's decision, specific findings, and any conditions of approval. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the May 9th public hearing, please contact Thomas Li at (626) 574-5447. Approved by: ~L ason Kruokeberg / Community Development Administrator Attachments: Floor and Site plans Vicinity Map & Aerial Photograph with Zoning Information Environmental Documents CUP 06-04 May 9, 2006 Page 6 N tJ 1~ s . ~ .l? :E ;q f f ~' q ., ihl! q \'.... 5 .( . w. 1/8 L/1S A (5)(;~SIJ"'G '7V,v19S ])RIVE ,4~CAD/Jl FLOoR. PLAN . '~'.,_ .-____~Ji..,'....." 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".\' ::z '1, ~ ~J ,'I II I t : 1. J' I.I ,.\" . .1,/ C-- . _" _ r~ ..~~- , f\n(p !-.' 'I: ,./, f(~7 .-... , , , I '~r 1 , , ~, - .. I '" \~ \0 -Z '~ if) '3 ( ~ . . . I .e.... , "'l, ! - , Ii. "- ~ i ' \AI ,,-i~i.),7"1 {i._,,+ -, . ..1 -. Iq' 1 !'I..\ ./--J " /1 . . . If) ~ p Z L . 'ANT j:? +:r-- '" . I A V) <( Cy; ve. t-Jo. y .J E'+:rQ,l1 LL. .L " r-,; I i I c:~"'\r\cr j-- ~ I f+ ,.} In !-- , C~""p_~t1 P d>' , ~1" . .~ . I.-- \ :(- ~. ..t- J_ 'NJ\LK. ... /' (.1 v.\ po, C. P-q B 9/ .!-OA fi " c D pLA >1, i -- "~/ -.. ~/- -:' Ho,~,di:~ .~~/:.~~. r-- ----)--- pJ (~ ,1- \'" ," - . , \ .1 /" ./ f .!l P 3 r'Mk:(j / p4 P!; P6 - " L._ __'__" - ----- -.-= --- -. ... --:- X: 111 "2.. TV) it Mc\Y-ke.J ): pIa f'1 I, rG\{!::\"'~ I i- ... P \ \ . PI] PI4- f ~-I;; p" 'I b p I~ plL " .' -J. f_~ - --. 'y ---r _ . PLAT MAP " " 15~B11 I 21 I r_.. 2003 SIIu0:118 LAS TUNAS DR, ARCADIA :r=- - ' ~, =0; __a ..ll.1 ~ I ~~~:,~=~ II . ;~:t.t I "'---, I I !}...UK !;~~ .! ~ ~ -~.., i '1:2- ~ j ~ .. " c.-. I ,/fIf1:. . _ I I _ ,- t , . lo. ~ ,.'iE. r \~, .... a i u"E. QP:/i. -- \~r .. 1i SNroI. I\NITA OJLDNY lLB._ ..... - _-.....aa.-..I1: ....._~ ...-... ..... .. ~ow;. . Close Up of the Subject: LAS TUNAS <.~ ~.~' ---- " r Cl .. R><16o L'~8lt I r_sz 'I I I I I. 1 ..s' I ~ ( 1 .-J"Z'T .. 1 o LOTI ~ @ 10"$ I 1 I 0 . t 1 1 b", . I -. I . Q,SE:AJ; I I 4/1__ I~'-' ::::: tt&Nh" I I 0 I I (Lor ell I I ~. I r I PD.r. , (. ( I I '. J I I t I I I 1 -OGV5. I I l!_lSO :1 ~ - <> r;.F-/fi1iO.J~ q '" . ~ U\1E. QA.\'\ r ~ " 'I: -" , , =="9' ". . '\ ~ ;.' l' ~~ ",.-, -.... ..' lo ~.~~~ " , '~~-.. ." I " 118 W. !Las Tunas !Drive CUP 2006..04 . . . 15. File No. 010- 04 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 ENVIRONMENTAL INFORMATION FORM Date Filed: ?>h.7/01tJ General Information I. Applicant's Name: MYUNG HYE CHO Address: 5 1 E . COLOR1\DO BLVD., 1illCAD I1\, CA. 9 1 006 2. Property Address (Location): 118 W. LAS TUNAS DRIVE , ARCADIA , CA. 91007 Assessor's Number: A.P.N.: S7RR-021-01R 3, Name, address and telephone number of person to be contacted concerning this project: MYUNG HYE CHO 51 E. COLORADO BLVD., 1illCADIA, CA.~l\ilQEl 4. List and describe any other related pennits and other public approvals required for this project, including those required by city, regional, state and federal agencies: CONDT'I'TONAT. l1~R PRRMT'I' 5. Zone Classification: eM 6. General Plan Designation: tutoring service Proiect Descrintion 7. Proposed use of site (project description): LEARNING CENTER FOR ELEMENTARY STUDENT 8. Site size: TOTAL 1,755 SQ nmT A- 1,225 SQ PLY!; UNIT BI 339 !:Q 9. Square footage per building: 3,811 Sauare feet 10. Number of floors of construction: II. ---- Amount of off-street parking provided: Proposed scheduling of project: /15 poc;s, BLE A-f.. po so;; I DL"E- 7 (among 17 marked parking spaces) SOON f<S A S soot>\ 12, 13, Anticipated incremental development: 14. If residential, include the number of units, schedule of unit sizes, ,range of sale. prices or rents, and type of household sizes expected: If commercial, indicate the type; i.e. neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, hours of operation: , . 16. If industrial, indicate type, estimated employment per shift, and loading facilities: 17. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: T.RARNTNC: CRN'I'RR FOR RT.RMRN'I'ARV l'i'l'TTnRN'I'l'i r OCCUPANCV' MAXTMlIM 1 n l'i'l'lTDENTS 18. If the project involves a variance, conditional use pennit or zoning application, state this and indicate clearly why the application is required: CONDITmONAL USE PERMIT Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). 19. 20. . 21. 22. 23. 24. 25, 26. 27. Change in existing features of any hills, or substantial alteratin of ground contours. YES NO 0 QJ' 0 ~ 0 ~ 0 Qj 0 g- O B' 0 ~ [J C!( 0 La' YES NO 0 l!:( E.I.R 01/14/04 Page 2 Change in scenic views or vistas from existing residential areas or publiclands or roads Change in pattern, scale or character of general area of project Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors iil vicinity. Change 'in ground water quality or quantity, or alteration of existing drainage pattersn. Substantial change in existing noise or vibration levels in the vicinity. Is site on filled land or on any slopeS of 10 percent or more, Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 28. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) . 29. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc. 0 !!:( . 30. Relationship to a larger project or series of projects. 0 Cr' 31. Stonn water system discharges'from areas for materials storage, vehicle or equipment 0 ~ fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks, or other outdoor work areas? 32. A siflllificantly environmentally harmful increase-in the tlow.rate or volume of storm water ~ 0 runoft'l 33. A sillnificantly environmentally harmful increase in erosion of the project site or surrounding 0 dr areas? 34. Stonn water discharges that would siflllificantly impair the beneficial uses of receiving waters 0 6" or areas that provide water quality benefits {e.g. riparian corridors, wetlands, etc.)? 35. Harm to the biological integrity of drainage systems and water bodies? 0 e3 Environmental Settinl! 36. Describe (on a separate sheet) the project site as it exists before the project, including information on topography, soil stability, plants and animals, any cultural, historical or scenic aspects, any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. . 37. Describe (on a separate sheet) the surrounding properties, including information on plants, animals, any cultural, historical or scenic aspects. Indicate the type of land uses (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yards, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certiry that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. ;3P..6/ (!')t ~ r ( ~ Date Siflllature . E.I.R. 01/14/04 Page 3 . . . File No, CUP OS-04 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE . ARCADIA. CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Conditional Use Permit No. 'CUP 2006-04 2. Project Address (Location) 118 W. Las Tunas Drive, units A and B 3. Project Sponsor's Name, Address & Telephone Number: Myung Hye Cho 51 Colorado Blvd., Arcadia, CA 91006 (626)372~0181 4. Lead Agency Name & Address: City of Arcadia - Development Services Department Community Development Division - Planning Services 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 5. Lead Agency Contact Person & Telephone Number: Thomas Li, Associate Planner, (626) 574-5447 6. General Plan Designation: Commercial 7. Zoning Classification: CoM Commercial-Manufacturing 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) A Conditional Use Permit for a 1,755 sq.ft learning center with 10 students at 118 W. Las Tunas Drive, units A and B. CEQA Env. Checklist Part 1 .1- 4/03 . . . File No, CUP 06-04 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) North: South: East: West: Professional Office Buildings - zoned CoO Auto Repair Garage- zoned CoM Animal Hospital - zoned CoM Commercial Retail Uses (Enterprise rent-a-car and Pet and Jungle Pet Store) - zoned CoM 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): The City Building Services, Engineering Division, Fire Marshall, Public Works Services, and Water Services will review the construction plans for the tenant improvements for compliance with all applicable construction and safety codes and will oversee construction and installation of any necessary infrastructure or improvements on-site and/or within and along the public right-of-way. The tenant improvements for the coffee shop will also be reviewed by the Los Angeles County Health Department for compliance with local health codes. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Biological Resources [ ] Geology/Soils [ ] Hydrology/Water Quality [ ] Mineral Resources [ ] Population & Housing [ ] Recreation [ ] Utilities and Service Systems [ ] Mandatory Findings of Significance [ ] Air Quality [ ] Cultural Resources [ ] Hazards & Hazardous Materials [ ] Land Use & Planning [ ] Noise [ ] Public Services [ ] Transportation / Circulation DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. CEQA Env, Checklist Part 1 -2- 4/03 t . . File No, CUP 06-04 [] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, all ENVIRONMENTAL IMPACT REPORT is required. [] I find that the proposed project MAY have a significant effect on the environment, but that at least one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards and has been addressed by mitigation measures based on that earlier analysis as described on attached sheets, and if any remaining effect is. a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," an ENVIRONMENTAL IMPACT REPORT is required, but it only needs to analyze the effects that have not yet been addressed. [] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report pursuant to applicable standards and have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ~- ~ -- Signature 0' - -- April 13. 2006 Date Thomas Li Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for lill answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects such as the one involved (e.g., the project is not within a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). CEQA Env. Checklist Part 1 -3- 4/03 . . . File No. CUP 06-04 2. All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction related as well as operational impacts. 3, "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect Is significant. If there are one or more, "Potentially Significant Impact" entries when the determination is made, an Environmental Impact Report is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The leaq agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17 "Earlier Analyses" may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration {Section 15063(c)(3)(D)}. . Earlier analyses are discussed in Section 17 at the end of the checklist. a) Earlier Analyses Used: Identify and state where they are available for review. b) Impacts Adequately Addressed, Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures, For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address Site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist, references to information sources for potential impacts (e.g" general plans, zoning ordinances), Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion, 8. The explanation of each issue should identify: a) The significance criteria or threshold,if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. CEOA Env. Checklist Part 1 -4- 410.3 File No.: CUP 06-04 Less Than Potentially Significant Less Than Significant With Significant No . Impact MllIgation Impact Impact Incorporation 1. AESTHETICS - WOuld the project a) Have a substantial adverse effect on a scenic vista? 0 0 0 IZI b) Substantially damage scenic resources, including, but not limited 0 0 0 IZI to, trees, rock outcropplngs, and historic buildings within a state scen ic highway? 2. . c) Substantially degrade the existing visual character or quality of the site and Ilssurroundings? d) Create a new source of substantial light or giare which would adversely affect day or. nighttime views in the .area? o o IZI o o o o IZI The proposed learning center will be in an existing commercial building in a fully developed area and will not have any of the above impacts. a) AGRICULTURE RESOURCES- In determining whether impacts to agriculture resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept of Conservation as an optional model to use in assessing impacts on agriculture and farmland, Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency to non-agricultural use? b) Confilct with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature. could result In conversion of Farmland to non-agricultural use? o o IZI o o o o IZI o o IZI o The proposed learning center will be in an existing commercial building in a fully developed area and will not have any of the above impacts. AIR QUALITY - Where available, the significance criteria established by the applicable air quality man!!gement Or air pollution control district may be relied upon to make the following determinations. Would the project: ~EQA Checklist 3. 5 4-03 . . a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant fot which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds (or ozone precursors)? e) Expose sensitive receptors to substantial pollutant concentrations? f) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporation o o o o o File No,; CUP 06-04 Less Than Significant Impact o o o o o No Impact fg! fg! fg! fg! fg! , The proposed learning center will be in an existing commercial building in a fully developed area. Because the proposed use is subject to applicable air quality regulations as administered by the South Coast Air Quality Menagement District, It will not have any of the above impacts, 4. BIOLOGICAL RESOURCES.- Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by t~e California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federaliy protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to . marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? d) Interfere substantlaliywith the movement of any native residentor migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery . sites? ~EQA Checklist 6 o o o o o o o o o o o o fg! fg! fg! fg! 4c03 File No,: CUP 06-04 . Potantially Significant Impact Lass Than Significant With Mitigation Incorporation Lass Than Significant Impact No Impact e) Conflict with any local policies or ordinances protecting biological 0 0 0 I8l resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation 0 0 0 I8l Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? The proposed learning center will be in an existing commercial building in e fully developed area and will not have any of the above impacts, 5. CULTURAL RESOURCES - Would the project: a) Cause a sUDstantial adverse change In the significance of a 0 0 0 I8l historical resource as defined in !j15064,5? b) Cause a substantial adverse change in the significance of an 0 0 0 I8l archaeological resource pursuant to !/15064.5? . c) Directly or indirectly destroy a unique paleontological resource or 0 0 0 I8l site or unique geologic feature? d) Disturb any human remains, including those interred outside of 0 0 0 I8l formal cemeteries? The proposed learning center will be in an existing commercial building In a fully peveloped area and will not heve any"Of the above impacts. 6. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse 0 0 0 I8l effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the 0 0 0 I8l most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence ofa known fault? Refer to Division of Mines and Geology Special Publication 42. Ii) Strong seismic ground shaking? 0 0 0 I8l . Iii) Seismic-related ground failure, including liquefaction? 0 0 0 I8l CECA .Checklist 7 4-03 . . v) Landslides? b) Result In substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit'or soil that is unstabla, or that would become unstable as a result of the project, and potentially result in on- or off.site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporation o o o o o File No,: CUP 06-04 Less Than Significant impact o o o o o No Impacl ~ ~ ~ ~ ~ The proposed learning center will be in an existing commercial builr:!ing in a fully .deve/oped area, The proposal does not include any excavation, grading or filling. The project is connected to the local sewer system. The project will not have any of the above impacts. 7. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions Involving the release of hazardous materials into the environment? c) emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962,5 and, as a result, would it create a significant hazard to the public or the. environment? . , CEOA Checklist 8 o o o o o o o o o o o o ~ ~ ~ ~ 4-03 . e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working' in the project area? g) Impair implementation of or physically Interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a sigificant risk of loss, injury or death involving wildland fires, Including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporation o o o o File No.: CUP 06-04 less Thart Significant Impact o o o o No Impact [81 [81 [81 [81 The proposed learning center will be In an existing commercial building in a fully developed area and will not have any of the above Impacts. .. HYDROLOGY AND WATER QUALITY - Would the project: a) SUbstantially deplete groundwater supplies or interfere SUbstantially with groundwater recharge such that there would be a mit deficit In aquifer volume or a lowering of the local groundwater table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? b) SUbstantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? c) SUbstantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river, or substantially'lncrease the rate or amount of surface runoff in a manner which would result in flooding on- or. off-site? d) Create or contribute runoff water which would exceed the .capacity of existing or planned storm water drainage systems or provide substantial additional sources of pOlluted runoff? . CeQA Checklist 9 o o o o o o o o o o o o [81 [81 [81 [81 4-03 . . e) Otherwise substantially degrade water quality f) Violate any other water quality standards or waste discharge requirements? g) Place housing within e 1 OO-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year floodplain structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, Injury or death Involving flooding, including flooding as a result of the failure of a levee or dam? j) Expose people or structures to Inundation by seiche, tsunami or mudflow? k) During project construction, will it create or contribute runoff water that would violate any water quality standards or waste dischrage requirements, including the terms of the City's municipal separate stromwater sewer system persmit? I) After the project is completed, will It create or contribute runoff water that would violate any water quality standards or waste dischrage requirements, including the terms of the City's municipal separate stormwater sewer system permit? m Allow polluted stormwater runoff from delivery areas or loading ) docks or other areas where materiais are stored, vehicles or equipment are fueled or maintained, waste is handied, or hazardous materials are handled or delivered, or other outdoor work areas, to'impair other waters? n) Potential for discharge of stormwater to cause significant harm on the bioiogical integrity of the waterways and water bodies including municipal and comestic supply, water contact or non- contact recreation and groundwater recharge? . . CECA Checklist 10 PotenUally Significant Impact o o o o o o o o o o File No,; CUP 06-04 less Than Significant With MIUgaUon IncorporaUon o o o o o o o o o o less Than Significant Impact o o o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4-03 File No,: CUP 0l?-04 Less Than Potentially Significant Less Than . Significant With Significant No Impact Mltlgation Impact Impact Incorporation 0) Dischrage storrnwater SO that significant harm is caused to the 0 0 0 181 biological integrity ofwatelWays or water bodies? p) Significantly alter the flow velocity or volume of storm water runoff 0 0 0 181 that can Lise enVironmental harm? q) Significantly Increase erosion, either on or off-stie? o o o 181 The proposed learning center will be in an existing commercia/building in a fully t;!eveJopedarea. The proposed use will be SUbject to an Industrial Wastewater Discharge Permit so as not to violate Regional Water Quelity Controll3oard water quality standards or waste discharge requirements. The proposal w/11 not alter absorption rates, drainage patterns,surface runoff. surface water conditions, or ground water conditions. The site is within the Santa Anita Dam Inundation Area, but will not expose people to any additional or increased hazard levels. 171e project will not have any of the above impacts, 9. LAND USEANO PLANNING - Would the project: a) Physically divide an established community? o o o 181 . b) Conflict with any applicable land use plan, polley, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? o o o 181 c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o o o 181 The proposed learning center will be in an existing commercial building ii! a_fully developed area and will not have any of the above impacts. 10. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents ofthe state? o o o 181 b) Result In the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o 181 The proposed learning center will be in an existing commercial building in a fully developed area and will not have any of the above impacts. 11. NOISE - Would the project result In: . CEQA Checklist 11 4-03 . . a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels-existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip. would the project expose people residing or working in the project area to excessive noise levels? POlenllally Significant Impact D D D D D D Less Than Slg'nlficanl With Mitigation Incorporation D D D D D D File No.: CUP 06-04 Less Than Significant Impact D D D 18I D D No Impact 18I 18I 18I D 18I 18I The proposed leerning center will be in an existing commercia/building in a fully developed area and will not have. any of the above impacts. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? D D D D D D D D D 18I 18I 18I The proposed learning center will be in an existing commercial building in a fully developed area and will not have any of the above impacts. 13. PUBLIC SERVICES - Would the project: .. a) Result in substantial adverse physical impacts.assoclated with.the CEQA Checklist 12 4-03 . . provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other publlcJacilities? Poten.tlally Significant Impact o o o o o Less Than Significant With Mlllgallon Incorporation o o o o o File No,: CUP 06-04 Less Than S-Ignlficant Impact o o o o o No Impact 1:8:1 1:8:1 1:8:1 1:8:1 1:8:1 The proposeC1leaming center will ba in an existing commercial building in a fully developed area and will not have any of the above impacts. 14. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration C)f the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction C)r expansion of recreational facilities which have an adverse physical effect on the environment? o o o o o o 1:8:1 1:8:1 The proposeC1leaming center will be in an existing commercial building in a fully developed area and will not have any of the above impacts. 15. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial In relation to the existing traffic load and capacity of the street system (I.e" result in a substantial increase In either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively,a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? . CEQA Checklist 13 o o o o o o o o o 1:8:1 1:8:1 1:8:1 4-03 . . d) Substantially increase hazards due to a design feature (e.g,. sharp curves or dangerous intersections) or incompatible uses (e,g,. farm equipment)? e) Resull In inadequate emergency access? f) Result In inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g.. bus turnouts, bicycle racks)? Potentially Sign.lficant Impact o o o o Less Than Significant With Mitigation Incorporation o o o o File No,: CUP 06-04 Less Than Significant Impact o o o o No Impact [8! [8! [8! [8! The proposed learning center will be in an existing commercial building in a fully developed area tha/has an on- site parking surplus according to code requirements. This proposal would increase the intensity of the use but would not create a parking deficiency. 16. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing filcillties. the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Co-de Section 10910, et seq, (SB 610), and the requirements of Govemment Code Section 664737 (SB221). e) Result in a determination by the wastewater treatment provider which serves .or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the.provlder's existing commitments? . CEQA Checklist 14 o o o o o o o o o o o o o o o [8! [8! [8! [8! [8! 4-03 FileNo,; CUP 06-04 . Potentially Significant Impact Less Than Significant Wllh Mitigation Incorporallon Less Than Significant Impact No Impact f) Be served bya landfill with sufficient permitted capacity to 0 0 0 IZI accommodate the project's solid waste disposal needs? g) Comply with federal, state and local statues and regulations 0 0 0 IZI related to solid waste? The proposed learning center will be in an existing commercial building in a fully developed area and will not have any of the above impacts. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the 0 0 0 IZI environment, substantially reduce the habitat of a fish or wildlife species. cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number-or restrict the' range of a rare or endangerea plant or animal or eliminate important examples of the major periods of California history or prehistory? . b Does the project have impacts that are individually limited, but 0 0 0 IZI cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects ot probable tuture projects)? c) Does the project have environmental effects which will cause 0 0 0 IZI substantial adverse effects on human beings, either directly or Indirectly? The proposed learning center will be In an existing commercial building in a fully developed area and will not have any Of the abova impacts. . CEOA Checklist 15 4-03