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RESOLUTION NO. 1740
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2005-19 FOR A 1,490
SQ.FT. FINE ARTS SCHOOL WITH UP TO 8 STUDENTS
AT 515 S. FIRST AVENUE
WHEREAS, on November 2, 2005, a conditional use pennit
application was filed by Xiao Ming Chen, property owner, for a fine arts
school for up to 8 students (Development Services Department Case No.
CUP 2005-19) at property commonly known as 515 S. First Avenue; and
WHEREAS, a public hearing was held by the Planning Commission
on December 13, 2005, 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 fmds:
1. That the granting of such Conditional Use Pennit will 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.
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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.
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SECTION 3. That for the foregoing reasons this Commission
. grants Conditional Use Permit No. CUP 2005-19, for a fine arts school with
up to 8 students at 515 S. First A venue, upon the following conditions:
1. The maximum number of students, at anyone time, shall not
exceed eight (8). A sign approved by the Building Official shall be posted
to state that the maximum number of students permitted.
2. The class hours of the proposed use shall be limited to Thursday,
4:00 p.m. to 6:00 p.m., Friday, 3:00 p.rn. to 5:00 p.m. (Session I) and 6:00
p.m. to 8:00 p:m. (Session 2), and Saturday, 9:00 a.rn. to 11:00 a.m. (Session
I), 1 :00 p.rn. to 3 :00 p.rn. (Session 2).
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3. The subject building shall not be utilized as a residence once the
subject building has been converted from a single-family residence to a fine
arts studio.
4. The existing block wall shall be removed or altered to meet the
City's visibility standards.
5. The parking lot shall be striped and landscaped per the Arcadia
Municipal Code, subject to the approval of the Development Services
Department.
6. The use approved by CUP 2005-19 is limited to the fine arts
studio. The studio shall be operated and maintained in a manner that is
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consistent with the proposal and plans submitted and approved for CUP
2005-19.
7. A separate sign design review application shall be submitted for
all new signs on the premises.
8. Any exterior alteration to the building requires the filing and
approval of a design review application.
9. All conditions of approval shall be complied with prior to opening
the studio. Noncompliance with the plans, provisions and conditions of
approval for CUP 2005-19 shall be grounds for immediate suspension or
revocation of any approvals, which could result in the closing of the studio
and office.
10.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.
II.Approval of CUP 2005-19 shall not take effect until the property
owner(s), and applicants have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
12.The applicant shall defend, indemnify, and hold harmless the City
of Arcadia and its officers, employees, and agents from and against any
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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 ofthe matter.
SECTION 4. The decision, findings and conditions contained in
this Resolution reflect the Commission's action of December 13, 2005, by
the following votes:
AYES: Commissioners Baderian, Hsu, Lucas, Olson, Wen
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.
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I HEREBY CERTIFY that the forgoing Resolution was adopted at a
regular meeting of the Planning Commission held on the December 13,
2005, by the following votes:
AYES:
Commissioners Baderian, Hsu, Lucas, Olson, Wen
NOES:
none
, ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
Chairman, PI
City of Arcadia
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1740
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STAFF REPORT
Development Services Department
December 13, 2005
TO: Arcadia City Planning Commission
FROM: Donna L. Butler, Community Development Administrator
By: Thomas P. Li, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 2005-19 for a fine arts
studio at 515 S. First Avenue.
SUMMARY
This Conditional Use Permit application was submitted by the property owner, Xiao
Ming Chen, to operate a fine arts studio for a maximum of 8 students at 515 S. First
Avenue. The Development Services Department is recommending approval of this
application, and adoption of Resolution No. 1740, subject to the conditions in this
staff report.
GENERAL INFORMATION
APPLICANTS: Xiao Ming Chen
LOCATION: 515 S. First Avenue
REQUEST: A Conditional Use Permit to allow a fine arts'studio for a maximum
of 8 students, which would occupy an existing 1 ,490 square foot
residence
SITE AREA: 7,793 sq. ft. (0.18 acre)
FRONTAGE: 55 feet along First Avenue
141 feet along an alley
EXISTING LAND USE & ZONING:
The site is developed with a one-story, 1,490 square foot single-
family residence with a detached two-car garage and gazebo, and a
270 sq.ft. commercial building that is being converted from an
acupuncture use to a retail use. These buildings were constructed
in 1935, and the property is zoned C"2 General Commercial.
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SURROUNDING LAND USES & ZONING:
North:
South:
East:
West:
office and retail use - zoned C-2
Accounting office - zoned C-2
Beauty Salon - zoned C-2
Multiple-family residential - zoned R-3
GENERAL PLAN DESIGNATION:
Mixed Use (Commercial! Multiple Family)
BACKGROUND
This property is currently developed with a 1,490 sq.ft. single"family residence with a
detached garage and gazebo. and a 270 sq.ft. commercial building that is being
converted from an acupuncture use to a retail use. The applicant intends to convert
the entire residence into a fine arts studio. Since it is a legal non-conforming use,
the subject building cannot be utilized as a residence once the conversion has
occurred.
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PROPOSAL AND ANALYSIS
The proposal is to operate a fine arts studio that would occupy the 1,490 square foot
residence. There will be one teacher and a maximum of 'eight (8) students per
session, all below high school age. The studio will be closed Sunday through
Wednesday. Five sessions will be offered per week; the proposed class hours are
as follows:
4:00 p.m. to 6:00 p.m.
Session 1: 3:00 p.m. to 5:00 p.m.
Session 2:6:00 p.m. to 8:00 p.m.
Saturday: Session 1: 9:00 a.m. to 11 :00 a.m.
Thursday:
Friday:
Session 2: 1 :00 p.m. to 3:00 p.m.
.. CUP 2005-19
December 13, 2005
Page 2
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The interior of the unit will be remodeled to provide two classrooms, two offices, two
bathrooms, and storage areas. The building will receive minor upgrades to meet
ADA handicap access requirements.
A fine arts studio isa permitted use in the C-2 zone with an approved conditional use
permit.
Parkina
By Code, a fine arts studio with 1 employee and 8 students requires three (3) parking
spaces (1 space per employee plus 1 space per 5 students). In addition, the
adjacent 270 sq.ft. retail use requires two (2) parking spaces (5 spaces per 1,000
sq.ft.) per Code; therefore, a total of 5 on-site spaces are required. Fiv~ parking
spaces will be provided in the rear yard area between the subject building and the
two existing non-conforming garage spaces and single-space carport. These non-
conforming spaces do not meet our current parking requirements and therefore will
not be counted towards the parking calculations. The proposed use has adequate
on-site parking spaces.
The applicant is proposing to retain an eXisting block wall along the alley that would
be in violation with the visibility standards. If this application is approved, this wall
should be removed or altered to meet such standards.
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.
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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 Initiai 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
CUP 2005-19
December 13, 2005
Page 3
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Mitigated Negative Declaration has been prepared for this project. The mitigation
measures would be those that address the potential parking and traffic impacts.
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 approval of Conditional Use
Permit Application No. CUP 2005-19, subject to the following conditions:
1. The maximum number of students, at anyone time, shall not exceed eight (8).
A sign approved by the Building Official shall be posted to state that the
maximum number of students permitted.
2. The class hours of the proposed use shall be limited to Thursday, 4:00 p.m. to
6:00 p.m., Friday, 3:00 p.m. to 5:00 p.m. (Session 1) and 6:00 p.m. to 8:00
p.m. (Session 2), and Saturday, 9:00 a.m. to 11 :00 a.m. (Session 1), 1 :00
p.m. to 3:00 p.m. (Session 2).
3. The subject building shall not be utilized as a residence once the subject
building has been converted from a single-family residence to a fine arts
studio.
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CUP 2005-19
December 13, 2005
Page 4
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4. The existing block wall shall.be removed or altered to meet the City's visibility
standards.
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5. The parking lot shall be striped and landscaped per the Arcadia Municipal
Code, subject to the approval of the Development Services Department.
6. The use approved by CUP 2005-19 is limited to the fine arts studio. The
studio shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and approved for CUP 2005-19.
7, A separate sign design review application shall be submitted for all new signs
on the premises.
8. Any exterior alteration to the building requires the filing and approval of a
design review application.
9. All conditions of approval shall be complied with prior to opening the studio.
Noncompliance with the plans, provisions and conditions of approval for CUP
2005-19 shall be grounds for immediate suspension or revocation of any
approvals, which could resultin the closing ofthe studio and office.
10.AII City code requirements regarding accessibility, fire protection, occupancy,
and safety shall be complied with to 'the satisfaction of Building Services and
the Fire Department.
11.Approval of CUP 2005-19 shall not take effect until the property owner(s), and
applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
12. 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 Govemment 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.
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CUP 2005-19
December 13. 2005
Page 5
PLANNING COMMISSION ACTION
. Approval
The Planning Commission should move to approve and file the Negative
Declaration and adopt Resolution No. 1740: a Resolution of the Planning
Commission of the City of Arcadia, California, granting Conditional Use Permit
No. CUP 2005.19 for a 1,490 sq.ft. fine arts studio with 8 students at 515 S. First
Avenue.
Denial
If the Planning Commission intends to deny this Conditional Use Permit application,
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 or
comments regarding this matter prior to the December 13th public hearing, please
contact Associate Planner, Thomas Li at (626)574-5447.
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Donna L. Butler ~
ommunity DevelopmentAdministrator
Attachments:
Vicinity Map, Aerial Photo with zoning information
Plans
Resolution No. 1740
Negative Declaration & Initial Study
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CUP 2005-19
December 13, 2005
Page 6
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