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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.
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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
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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.
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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:
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Stephen P. Deitsch, City Attorney
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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
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appropriate improvement and that there is adequate on-site parking on the subject
property.
CUP 08-18
January 13, 2009
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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
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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
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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
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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
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