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HomeMy WebLinkAbout1792:~ RESOLUTION NO. 1792 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.-CUP 09-02 FORA 3,000 SQUARE-FOOT PERFORMING AND FINE ARTS STUDIO OFFERING CLASSES FOR UP TO 20 STUDENTS AT 120 E. LIVE OAK AVENUE WHEREAS, on March 4, 2009, a conditional use permit application was filed by Frank C. Yang and Milly M. Chung fora 3,000 square-foot performing and fine arts studio offering classes for up to 20 students, Development Services Department Case No. CUP 09-02, at property commonly known as 120.E. Live Oak Avenue; and WHEREAS, a public hearing was held by the Planning Commission on April 14, 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 April 14, 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 to the property. 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 1792 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 09-02 fora 3,000 square-foot performing and fine arts studio offering classes for up to 20 students at 120 E. Live Oak Avenue, subject to the following conditions: 1. There shall not be more than twenty (20) students with one (1) instructor at any one time for the perfomung and fine arts studio. 2. The hours of the proposed studio shall be limited to Monday through Saturday from 9:00 a.m. to 9:30 p.m., and closed on Sundays. 3. The use approved by CUP 09-02 is limited to the performing and fine arts studio. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-02. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 09-02 shall be grounds for immediate suspension or 3 1792 revocation of any approvals, which could result in the closing of the ' performing and fine arts studio. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, 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.. 6. .Approval of CUP 09-02 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. 7. 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 4 1792 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 28`h day of Commission. ATTEST: Planning Commission APPROVED ASrTO FORM: Stephen P. Deitsch, City Attorney 5 1792 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1792 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Com~pission held on the 28th day of Apri12009 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSTAIN: Commissioner Beranek S ary of the Planning Commission. ~....w. m Miw 1, lee) STAFF REPORT April 14, 2009 TO: Arcadia Planning Commission Development Services Department FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 09-02 fora 3,000 square- foot performing and fine arts studio offering classes for up to 20 students at 120 E. Live Oak Avenue SUMMARY Frank C. Yang and Milly M. Chung, lessees, submitted application no. CUP 09-02 to operate a performing and fine arts studio at 120 E. Live Oak Avenue. It is staffs opinion that the proposal is appropriate for the location 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: Frank C. Yang and Milly M. Chung (Lessees) LOCATION: 120 E. Live Oak Avenue REQUEST: A Conditional Use Permit fora 3,000 square-foot performing and fine arts studio offering classes for up to 20 students at any one time. The hours of operation will be 9:00 a.m. to 9:30 p.m., Monday through Saturday, and closed on Suhdays. SITE AREA: 9,000 sq. ft. {0.2 acres) FRONTAGES: 50 feet along Live Oak Avenue 50 feet along art affey EXISTING LAND USE & ZONING: The site is developed with asingle-story, 3,000 sq.ft. commercial building constructed in 1949 with 12 on-site parking spaces, and is zoned C-2 General Commercial. SURROUNDING LAND USES & ZONING: North : Commercial Offices -zoned C-1 South: Single-family dwellings in L.A. County East : vacant land -zoned C-2 West : Retail Commercial -zoned C-2 GENERAL PLAN DESIGNATION: Commercial BACKGROUND The subject property has a lot size of 9,000 square feet. It is improved with a 3,000 square-foot commercial building and twelve (12) on-site parking spaces, including one (1) handicap space. The building was previously occupied by a gift shop that closed in January 2009. The building has been vacant since the closing of the gift shop. PROPOSAL AND ANALYSIS The proposal is to operate a performing and fine arts studio that would occupy the existing 3,000 square-foot commercial building at 120 E. Live Oak Avenue. The studio will conduct classes for up to twenty (20) students on painting, crafts, floral arrangement, and dance. It will also be a place to conduct meetings, seminars, practice sessions, demonstrations, and exhibitions, with a maximum of twenty (20) attendees and/or participants. Classes are intended to mainly consist of adult students, but there are no age limitations. The studio will be open Monday through Saturday from 9:00 a.m. to 9:30 p.m., and will be closed on Sundays. Each session will be approximately one (1) hour long, with class sizes ranging from one (1) to twenty (20) students (see attached class schedule). There will be no more than one instructor at any time. A ,performing and fine arts studio is a permitted use in the C-2 zone with an approved conditional use permit. CUP 09-02 April 14, 2009 ^--- ^ Parkino There are twelve (12) on-site parking spaces at the subject property. By Code, a performing and fine arts studio with students of driving. age is required to provide one (1) space per employee plus one (1) space for every three (3) students. Under this regulation, the proposed 3,000 sq.ft. performing and fine arts studio with 20 students and 1 instructor would require eight (8) parking spaces, resulting in a surplus of four (4) parking spaces. Typically, age limitations are established for businesses offering classes because there is a higher parking requirement for students of driving age (1 space per 3 students) as compared to students of non-driving age (1 space per 5 students). In this case, the parking requirements are calculated at the higher ratio. Therefore, it is not necessary to set forth age limitations. If limited to the number of students and hours as proposed, the subject performing and fine arts Studio should not have an impact upon the neighbors and would not conflict with the neighboring uses. It is staff's opinion that the proposal would satisfy all the prerequisite conditions for a Conditional Use Permit. 'CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, 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. CEQA This project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act, Section 15322, which exempts projects for educational or training programs involving no physical changes to the property. The Development Services Department has prepared a Preliminary Exemption Assessment and a Notice of Exemption 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 #o the property or improvements in such zone or vicinity. CUP 09-02 April 14, 2009 ^--- 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 09-02, subject to the following conditions: 7. There shall not be more than twenty (20) students with one (1) instructor at any one time for the performing and fine arts studio. 2. The hours of the proposed studio shall be limited to Monday through Saturday from 9:00 a.m. to 9:30 p.m., and closed on Sundays. 3. The use approved by CUP 09-02 is limited to the performing and fine arts studio. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09- 02. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 09-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the performing and fine arts studio. 5. All City requirements regarding disabled access and facilitjes, occupancy limits, building safety, 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.. 6. Approval of CUP 09-02 shall not take effect until the property owner(s), and applicart have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. 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 CUP 09-02 April 14, 2009 ^--- proceeding against the City o1 attack, set aside, void, or ann~ City of Arcadia concerning this not limited to ahy approval c Planning Commission, or City period provided for in Govemn of law applicable to this project applicant of any claim, action, land use decision and the Ci matter. The City reserves th attorney to represent the City defense of the matter. PLANNING COMMISSION ACTION A roust If the Planning Commission intends tc move to approve Conditional Use findings; and direct staff to prepare decision, specific determinations and Arcadia, its officers, employees or agents to I any approval or condition of approval of the ~raject and/or land use decision, including but • condition of .approval of the City Council, Staff, which action is brought within the time ant Code Section 66499.37 or other provision or decision. The City shall promptly notify the or proceeding concerning the project and/or r shall cooperate fully in the defense of the right, at its own option, to choose its own its officers, employees, and agents in the approve this proposal, the Commission should 'ermit No. CUP 09-02, state the supporting a resolution incorporating the. Commission's 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 09-02, state the finding(s) that the proposal does not satisfy, and direct staff to prepare a 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 priorto the April 14"' public hearing, please contact Associate Planner, Thomas Li at (626) 574-5447. Approved by: Jim Kasama Community Development Attachments: Aerial Photo with Plans Photos information cuP 09-02 April 14, 2009 ~___ Preliminary Exemption Assessment CUP 09-02 April 14, 2009 ^---