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HomeMy WebLinkAbout1740 . . . 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. . 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land Use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. . 2 1740 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). . 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 . 3 1740 . . . 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 4 1740 . . . 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. 5 1740 . . . 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: ~r~ Stephen P. Deitsch, City Attorney Chairman, PI City of Arcadia 6 1740 . . . 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. . 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. . 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 . 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. . 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 . 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. . CUP 2005-19 December 13, 2005 Page 4 . 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 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. . 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. . :2~~.. Donna L. Butler ~ ommunity DevelopmentAdministrator Attachments: Vicinity Map, Aerial Photo with zoning information Plans Resolution No. 1740 Negative Declaration & Initial Study . CUP 2005-19 December 13, 2005 Page 6 ~ N 100 0 100 200 Feet 1""""""1 c:J 515 S Rrst Ave o Arcadia I R.3 I Zone 1ts 515 S First Avenue CUP 05-19 Development Services Department Engineering Division by: R.S.GOIlZIlIez. De<ember. 2005 ~ (4m ~ (414) oc:c N (419) .... (422) 0 100 Feet , CI) (425) 0:: (119) (53) iJ: (115) ELDORADO ST (34) (38) (42) (411) (50) (54) (116) (500) Development Services Department Engineering Division Pr&pa/edby. R.S.GoozaIez, Oeoember. 2005 (511) (512) (516) (519) (518) (523) (524) (53) 11 FANO ST FANO ST (33) (33) .... (110) (120) (601) CI) (602) (116) (603) .... (606) CI) s: (610) (611) l( (615) I I (614) , I I 515 S First Avenue CUP 05-19 (45) (34) (38) (33) (33) l I I 1fs :. . ;.':" . .. '.."" .' ,.;-0 ~, -""'. ;,. ",'< " ','.' I' I .t <~.-. 1: _,v, I,...;.. '\ .. f, .~ .~ l'lFlJlCBm.~ . . DII11f:lOCMTi <,~~ "0'. ...-c f- .~ ,- lEI --,," i ~"I>' "-o"r.O -0' 1-1-"1- ',-r f:lasfuG:U,WM . "P ~' i .~_ ,',: ~.: I "-':P' j (~ ,-:. '. .... li - ~.@) 1 '>lIp " . 20' - 0' LANE DIITIMI coc. P"VIHO -'<0.' ''I' 9'~(,\~ "3'-t- i-fi~-l-n!l-- ~ II I 1. l N il~ I' .' -- ~.b~ .tf~1 ~t1.J.Pir wr ./ ;~ vA\l.3J\- == ,r " \.c1"-g. . )9'-0' DII1IIQJ'AYID -......... Michael's fine art sIudio S~IFLOOA PLAN I j I , I S'-s' .. I I ~ ..tt~ir , I. , I , . UJ :> z !l!. <( ~. ~ ~ lil "' iO N (I) '021. !l., - SOAl..E:'