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HomeMy WebLinkAbout1788 RESOLUTION NO. 1788 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 08-18 TO ALLOW TEEN DRIVER SAFETY CLASSES WITH A MAXIMUM OF 18 STUDENTS IN A 493 SQUARE-FOOT CONFERENCE ROOM ON THE SECOND FLOOR OF AN EXISTING GENERAL OFFICE USE AT 420 E. HUNTINGTON DRIVE WHEREAS, on November 10, 2008, a conditional use permit application was filed by George Tamayo of the Automobile Club of Southern California to allow teen driver safety classes in a 493 square-foot conference room on the second floor of an existing general office use, Development Services Department Case No. CUP 08-18, at property commonly known as 420 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on January 13, 2009, 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 staff report dated January 13, 2009 is true and correct. SECTION 2. This Commission finds: 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 because the project is exempt from the requirements of the California Environmental Quality Act per Section No. 15322, for educational or training programs involving no physical changes. 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. 2 1788 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 08-18 allow teen driver safety classes with a maximum of 18 students in a 493 square-foot conference room on the second floor of an existing general office at 420 E. Huntington Drive, subject to the following conditions: 1. There shall not be more than eighteen (18) students in class at any one time for the teen driver safety classes. 2. The class hours shall be limited to 6:30 p.m. to 8:30 p.m., Monday through Thursday. 3. The use approved by CUP 08-18 is limited to the proposed teen driver safety program. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 08-18. 4. Noncompliance with the plans, prOVISIOns and conditions of approval for CUP 08-18 shall be grounds for immediate suspension or 3 1788 revocation of any approvals, which could result in the suspension of the teen driver safety classes. 5. Approval of CUP 08-18 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 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 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 of the matter. 4 1788 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 27th day of January, 2009. ATTEST: ary, Planning Commission APPROVED AS TO FORM: ~~. fJ, ~~ Stephen P. Deitsch, City Attorney 5 1788 STAFF REPORT Development Services Department January 13, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 08-18 to allow driver safety classes with a maximum of 18 students in the conference room of an existing general office (dba: Automobile Club of Southern California) at 420 E. Huntington Drive. SUMMARY Mr. George Tamayo of the Automobile Club of Southern California submitted application no. CUP 08-18 to conduct driver safety classes at the existing general office building at 420 E. Huntington Drive. It is staffs opinion that the proposed use is appropriate for the site and would not have any negative impacts upon the neighboring properties. The Development Services Department is recommending approval of the application subject to the conditions in this staff report. GENERAL INFORMATION APPLICANT: Mr. George Tamayo (Representative of the Automobile Club of Southern California) LOCATION: 420 E. Huntington Drive REQUEST: A Conditional Use Permit to allow driver safety classes with a maximum of 18 students in the conference room of an existing general office use (dba: Automobile Club of Southern California). SITE AREA: 9.1 acres FRONTAGES: 874 feet along E. Huntington Drive 426.5 feet along S. Fifth Avenue EXISTING LAND USE & ZONING: The site (Arcadia Gateway Centre) is developed with the following uses: . A 48,500 sq.ft., two-story medical office building . A 67,000 sq.ft., four-story office building . A 25,200 sq.ft. three-story office building (subject building) . A 26,900 sq.ft. one-story multi-tenant retail building . A 7,371 sq.ft. one-story restaurant (BJ's Pizza, Grill & Brewery) . A 9,200 sq.ft. two-story restaurant (Olive Garden) . A three-story parking structure with 237 spaces, in addition to 585 surface parking spaces. The property is zoned CPD-1 (Commercial Planned Development) and is located within the Central Redevelopment Project Area. SURROUNDING LAND USES & ZONING: North: South & West: East: Hotels & restaurants - zoned CPD-1 Railroad right-of-way - unzoned 3-story office building - zoned CPD-1; & across Fifth Avenue are a self-storage facility and an office building in the City of Monrovia GENERAL PLAN DESIGNATION: Commercial - provides for the development of general commercial and professional offices. BACKGROUND The subject Automobile Club of Southern California office building is located in the Arcadia Gateway Centre, which was built in the late 1980s. The center has one (1) medical office building, two (2) general office buildings, two (2) freestanding restaurants, a multi-tenant retail building, a three-level parking structure with 237 spaces, and 585 surface parking spaces. At the time of construction, a parking modification of approximately 10% was granted based on the "shared-use" of the parking by the various tenants of the center. Subsequent parking modifications were granted for a dental office (MC 04-039) and for restaurants and eating establishments including Togos, Sesame Grill, Nirvana, Starbucks, and Olive Garden. The approvals were based upon the finding that they would secure an CUP 08-18 January 13, 2009 1""\___ '" appropriate improvement and that there is adequate on-site parking on the subject property. CUP 08-18 January 13, 2009 '""--- " PROPOSAL AND ANALYSIS The proposal is for the Automobile Club Of Southern California to conduct teen driver safety classes in a 493 square-foot conference room on the second floor of an existing 3-story, 25,200 square-foot general office building at 420 E. Huntington Drive. These classes are for teenagers who are in the process of obtaining a driver's license and the students are expected to be dropped off and picked up at the facility. A maximum of 18 students will be in class at anyone time. There will be two (2) classes each week, and class hours will be limited to 6:30 p.m. to 8:30 p.m., Monday through Thursday. A teen driver safety program is a permitted use in the CPD-1 zone with an approved conditional use permit. Parkino The subject site has a total of 822 on-site parking spaces, consisting of 585 surface parking spaces, and a parking structure with 237 spaces. These spaces are shared by 3 office buildings, 2 freestanding restaurants, and a multi-tenant retail building. By Code, a 493 square-foot learning center with only students of non-driving age is required to provide 1 space per employee plus 1 space for every 5 students. Under this regulation, the proposed teen driver safety program with 18 students and 1 instructor would be required to provide five (5) parking spaces. In comparison, two (2) spaces are required for 493 square feet of general office space (4 spaces per 1,000 sq.ft. of gross floor area). As a result, the proposed use increases the parking requirement by three (3) spaces. All of the existing uses at this center have a combined parking requirement of 1,130 spaces. Therefore, with 822 on-site parking spaces, the site has a parking deficiency of 308 spaces. With the additional three (3) spaces required for the proposed use, a total of 1,133 spaces are required. Approval of this proposal would result in an overall parking deficiency of 311 spaces. Although there is a significant parking deficiency based on code requirements, it is staff's opinion that the proposed use would not have an impact upon the neighboring uses. The classes are to be held twice a week between 6:30 p.m. to 8:30 p.m. on a weekday from Monday to Thursday, which is after the AAA office closes (5:00 p.m.) In addition, the classes are to be held in an existing conference room that has a maximum occupancy limit of 32 people, and since classes are to be limited to a maximum of 18 students, this proposal could lower the overall occupancy of the existing office use. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, emergency egress, occupancy limits, building safety, parking and site design shall be complied with to CUP 08-18 January 13, 2009 n___ A the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and City Engineer. CEQA This project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15322 of the CEaA Guidelines. This section exempts projects for educational or training programs involving no physical changes. The Development Services Department has prepared a preliminary exemption assessment to document this determination. 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 08-18, subject to the following conditions: 1. There shall not be more than eighteen (18) students in class at anyone time for the teen driver safety classes. 2. The class hours shall be limited to 6:30 p.m. to 8:30 p.m., Monday through Thursday. CUP 08-18 January 13, 2009 1"'\___ r 3. The use approved by CUP 08-18 is limited to the proposed teen driver safety program. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 08- 18. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 08-18 shall be grounds for immediate suspension or revocation of any approvals, which could result in the suspension of the teen driver safety classes. 5. Approval of CUP 08-18 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 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 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 of the matter. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 08-18, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 08-18, state the finding(s) that the proposal does not satisfy, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision and specific findings. CUP 08-18 January 13, 2009 1""\_-- ~ If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 13th public hearing, please contact Associate Planner, Thomas li at (626) 574-5447. Approved by: Jim Kasama Community Development Administrator Attachments: Aerial Photo with zoning information Plans Photos Preliminary Exemption Assessment CUP 08-18 January 13, 2009 ......___ '"7