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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.
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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 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
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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
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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.
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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
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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
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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
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Preliminary Exemption Assessment
CUP 09-02
April 14, 2009
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