HomeMy WebLinkAbout1-26-10PLEDGE OF ALLEGIANCE
ROLL CALL
MOTION: To read the Resolution by title only and waive reading the full text of the Resolution.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING
COMMISSION ON NON PUBLIC HEARING ITEMS 5 minute time limit per person.
All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony
concerning any of the proposed items set forth below for consideration. You are hereby advised that
should you desire to legally challenge any action taken by the Planning Commission with respect to the
proposed item for consideration, you may be limited to raising only those issues and objections, which
you or someone else raises at or prior to the time of the Public Hearing.
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT NO. 09 -19
1741 Baldwin Avenue
Don Crenshaw (Architect)
ArcCADIA PLANNING COMMISSION A(_iJDA
Tuesday, January 26, 2010, 7:00 P.M.
Arcadia City Council Chambers
The applicant is requesting a Conditional Use Permit to operate a tutoring center with up to 115
students in an existing two -story 4,409 square -foot classroom building and one -story 2,336 square
foot meeting hall at an existing church complex.
RECOMMENDATION: Conditional approval
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the
next Commission meeting. There will be a five working day appeal period after the adoption of the
Resolution.
2. CONDITIONAL USE PERMIT NO. 09 -20
222 -224 S. First Avenue
Janice Yen (dba Steps Academy, Inc.)
The applicant is requesting a Conditional Use Permit for a 2,255 square -foot tutoring center with up to
40 students.
RECOMMENDATION: Conditional approval
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the
next Commission meeting. There will be a five working day appeal period after the adoption of the
Resolution.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
1 -26 -10
STUDY SESSION
3. GENERAL PLAN UPDATE HOUSING ELEMENT ISSUES
RECOMMENDATION: This item is for information and discussion only.
CONSENT ITEMS
4. MINUTES OF JANUARY 12, 2010
RECOMMENDATION: Approval
5. RESOLUTION 1810
A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Zone Variance
application No. ZV 09 -01, Modification application No. MC 09 -36, and Single- Family Architectural
Design Review No. SFADR 09 -43 to rebuild an existing residence at 231 W. Wistaria Avenue.
RECOMMENDATION: Adopt
There is a five working -day appeal period after the adoption of the Resolution.
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
MODIFICATION COMMITTEE AGENDA
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
ADJOURNMENT
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
1 -26 -10
PLANNING COMMISSION
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related
modification or accommodation in order to participate in a meeting, including auxiliary aids or services,
may request such modification or accommodation from the City Clerk at (626) 574 -5423. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to
the meeting.
Public Hearing Procedure
1. The public hearing is opened by the Chairman of the Planning Commission.
2. The Planning staff report is presented by staff.
3. Commissioners' questions relating to the Planning staff report may be asked and answered at this
time.
4. The applicant is afforded the opportunity to address the Commission.
5. Others in favor of the proposal are afforded the opportunity to address the Commission.
(LIMITED TO 5 MINUTES)
6. Those in opposition to the proposal are afforded the opportunity to address the Commission.
(LIMITED TO 5 MINUTES)
7. The applicant may be afforded the opportunity for a brief rebuttal.
(LIMITED TO 5 MINUTES)
8. The Commission closes the public hearing.
9. The Commission members may discuss the proposal at this time.
10. The Commission then makes a motion and acts on the proposal to either approve, approve with
conditions or modifications, deny, or continue it to a specific date.
11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting
the decision of the Planning Commission is prepared for adoption by the Commission. This is usually
presented at the next Planning Commission meeting. There is a five (5) working day appeal period
after the adoption of the resolution.
12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working
day appeal period.
13. Following the Commission's review of Zone Changes, Text Amendments and General Plan
Amendments, the Commission's comments and recommendations are forwarded to the City Council
for the Council's consideration at a scheduled public hearing.
14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions)
there is a ten (10) calendar day appeal period.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
1 -26-10
January 26, 2010
TO: Planning Commission
SUMMARY
STAFF REPORT
Development Services Department
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director..Z
Lisa L. Flores, Senior Planner .4-
SUBJECT: General Plan Update: Housing Element Issues
The objective of tonight's study session is to provide the Planning Commission with an
update on the Housing Element portion of the General Plan project. The State
Department of Housing and Community Development require that all Draft Elements be
reviewed prior to adoption by the local jurisdiction. Prior to submitting the Draft Housing
Element to HCD, it is important for the Planning Commission to understand the housing
issues and recommendations being presented.
BACKGROUND
In 2008, the City began the process to update the General Plan, which will replace the
1996 General Plan and the 2001 Housing Element. As you remember, we spent
extensive time over this past summer meeting and discussing the Land Use Element,
most particularly the density and housing numbers that the update to the General Plan
would produce. Staff, the General Plan Advisory Committee, the Planning Commission,
and the City Council all ultimately agreed on the draft land use model incorporated into
the General Plan, including changes to the density of the R -3 zone and allowance for
mixed -use housing in certain areas. Staff believes that this land use model is a
successful attempt to revitalize key portions of the City while also meeting State
requirements for housing units and affordable housing.
Because the Housing Element is the main vehicle for establishing and updating housing
and land -use strategies to reflect the changing needs, resources, and conditions of the
community, the law requires that the Housing Element be updated every five years.
State law also requires that the Housing Element, unlike other Elements of the General
Plan, must be reviewed by the State Department of Housing and Community
General Plan Housing Element Issues
January 26, 2010
Page 1
Development (HCD) for a 60 day period prior to local approval. When the Housing
Element meets HCD's satisfaction, the Element will be certified and serves as the
framework for the City's housing policies, programs, funding and discretionary actions.
Many changes to State law have been made since the last update to the Housing
Element in 2001. As a result, the draft Housing Element has been designed to be
consistent with State Housing law, the Regional Housing Need Allocation (RHNA) for
local agencies under jurisdiction of the Southern California Associations of
Governments (SCAG), and with the other Elements within the draft General Plan.
The form of our submittal to the HCD will include the Housing Element itself, complete
with goals and policies for the City's provision of Housing, and a Technical Background
Appendix, which includes extensive demographic information, detailed sites inventories,
and descriptions of how State law is being met through our housing policies. Both of
these documents will be included in the body of the Draft General Plan, which we
expect will be released in public draft form in the spring.
DISCUSSION
As mentioned above, there was a great deal of discussion in the past year related to
density and housing changes in the City of Arcadia. It was determined that increasing
density in the R -3 zone and allowing housing in a mixed use format in selected areas
(Downtown and Live Oak) was the best way to "activate" those areas of town and meet
statewide housing requirements. While these changes to Arcadia's zoning standards
will be forwarded to HCD for their review and input, there are additional requirements
addressed by the Draft Housing Element and Technical Background Appendix that are
important for the Planning Commission to understand. They include:
Specific Types of Housing to comply with State Law
Development Standards for the new R -3 density (30 units instead of 24) and
Mixed -Use Zones
Sites Inventory and Map to meet the Regional Housing Needs Allocation
I. State Requirements Specific Types of Housing
Much of the content of the draft Housing Element is prescribed through requirements of
HCD and Housing law. Housing Element law specifies that jurisdictions must identify
adequate sites made available through appropriate zoning and development standards,
and to encourage the development of various types of housing for all economic
segments of the population. This includes single family housing, multi family housing,
factory-built housing, mobile homes, housing for persons with disabilities, emergency
shelters, transitional housing, supportive housing, and second dwelling units, among
others.
General Plan Housing Element Issues
January 26, 2010
Page 2
While the City of Arcadia complies with all State law, we do not have updated code
language that addresses certain state mandated housing types. Now that we are
modernizing our Housing Element, this is the time to bring our rules into compliance and
address these issues. The following list provides some of these housing types and how
they will be addressed in the Housing Element and our Zoning Code. Keep in mind that
in all cases, these changes are simply to comply with State law.
1. Emergency Shelters
2. Transitional Housing, Supportive Housing, Housing for Persons with
Disabilities, and Residential Care Facilities
3. Manufactured Housing and Mobile Home Parks
4. Second Dwelling Units
Emergency Shelters
State law requires that local jurisdictions strengthen provisions for addressing housing
needs for the homeless, including identifying a zone or zones where emergency
shelters must be allowed as a permitted use without a conditional use permit or other
discretionary permit. The California Health and Safety Code Section 50801(e) defines
"emergency shelters" as:
"Housing with minimal supportive services for homeless persons that is
limited to occupancy of six months or fewer by a homeless person."
Pursuant to SB2, local jurisdictions can specify criteria for approval such as the number
of beds /person permitted to serve nightly, size and location of exterior and interior
onsite waiting areas, length of stay, proximity of other emergency shelters, provided that
emergency shelters are not required to be more than 300 feet apart, among others.
The City's Zoning Code does not currently address emergency shelters. However,
since the City is required to permit emergency shelters by right without a discretionary
approval process, staff suggests this type of use be permitted in the Planned Light
Industrial (M -1) zone. This zone contains large parcels with existing uses that are older
and underutilized, including many warehousing uses. Such uses can be converted to
accommodate emergency shelters. Also, properties in the M -1 zone are also located
close to transportation routes and services.
Transitional and Supportive Housing, Housing for Persons with Disabilities, and
Residential Care Facilities
Transitional housing is a type of housing used to facilitate the movement of homeless
individuals and families to permanent housing. Transitional housing can take several
forms, including group quarters with beds, single family homes, and multiple family
apartments and typically offer case management and support services to return people
to independent living (usually between 6 months to 2 years). California Health and
Safety Code Section 50675.2(h) defines "transitional housing development" as:
General Plan Housing Element Issues
January 26, 2010
Page 3
"Buildings configured as rental housing developments, but operated under
program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at
some predetermined future point in time, which shall be no less than six
months."
Supportive housing is permanent, affordable housing linked to health, mental health,
employment and /or other support services and is defined in the California Health and
Safety Code Section 53260 (c) as:
"Housing with no limit on length of stay, that is occupied by target
population, and that is linked to onsite and offsite services that assist the
tenant to retain the housing, improve his or her health status, maximize
their ability to live and, when possible, to work in the community. This
housing may include apartments, single -room occupancy residences, or
single family homes."
Similarly, Residential Care facilities are those that provide 24 hour care, medical or
otherwise to persons who need some type of assistance. Housing for Persons with
Disabilities is housing that complies with fair housing practice and eliminates barriers to
housing for persons with disabilities.
The City's Zoning Code does not explicitly list any of these housing types and
definitions. State law currently allows any of these uses to be permitted where other
housing types are allowed, provided that there are 6 or fewer individuals in the housing
unit. For those situations where there are more than 6 individuals, the City will require a
CUP in the R -3 and C -0 zones.
Manufactured Housing and Mobile Home Parks
Manufactured dwelling units or mobile homes offer an affordable housing option to
many lower and moderate income households. The City does not define mobile homes,
manufactured dwelling units or mobile home parks in its Municipal Code, and there are
no provisions. State law requires jurisdictions to define manufactured housing units and
permit them in single family zones. In addition, mobile home parks are viewed as multi-
family housing per State law.
Second Dwelling Units
Although the City does not have a second dwelling unit ordinance, the Zoning Code
includes provisions for Accessory Living Quarters /Guest Houses that is similar in use.
However, the current stipulations do not comply with State law such as not permitting a
kitchen or facilities for heating or preparing food and may not be rented out or used as a
separate dwelling unit. The City will be amending its Ordinance to allow Accessory
Living Quarters /Guest Houses to include a kitchen and remove the covenant restrictions
General Plan Housing Element Issues
January 26, 2010
Page 4
regarding occupants or length of stay to comply. Additional development standards
may be considered.
I1. Zoning Code Amendments Development Standards
The State requires cities that make zoning changes or change General Plan
designations through their Housing Element and amend their development standards
prior to adoption of the Element. In other words, the State will not accept a City's
"promise" to change their zoning later. For example, if a City changes its density from
10 units an acre to 30 units an acre, but does not change any of the development
standards to allow this (like setbacks, parking, etc.) it is likely that HCD will not accept
the Housing Element.
In our case, along with the Housing Element we will need to put forward new zoning
standards for the new mixed -use areas as well as some changes to the R -3 standards.
Some of the issues we will need to consider are:
Unit size We currently require a minimum size of dwelling unit.
Parking For multi family we require a total of 3 parking spaces (two for the unit
and one guest space). This will likely need to be reduced.
Setbacks We may need to reduced side or rear yard setbacks.
Height We could explore increasing height standards.
Open Space We could explore reducing open space requirements.
III. Sites Inventory and the Regional Housing Need Allocation
Simply rezoning and allowing mixed -use areas at certain densities is not enough to
satisfy the state concerning the RHNA. The State requires that a physical site inventory
be conducted and actual locations be identified where new units at specific densities
could be located. As you remember, the City of Arcadia's RHNA is 2,149 housing units,
approximately '/2 of which need to be affordable units. These numbers are allocated
within a "planning period in this case 2006 -2014. Therefore, the State gives credit
toward the RHNA for building permits issued and units built during this planning period.
As a result, the estimated number of remaining units is 1,727 for the remainder of the
planning period. The staff and the consultant team have identified sites and made
assumptions that assume capacity of up to 1,854 units toward the RHNA when a total
1,727 is needed. It is important to remember that these future assumptions of units are
simply "capacity We are not required to actually build these units, just to provide the
"capacity" to potentially allow them to be built.
There is no specific formula for these estimates. For example, it is not enough for the
City to simply re -zone all of the R -3 property from 24 units to 30 units and take credit for
the added capacity. The Housing Element needs to provide addresses, lot sizes, and
actual locations where new development at this intensity could actually occur. The State
further discounts the number of units a jurisdiction can "count" by only allowing certain
percentages of the maximum density to be assumed. For example, the City may have a
General Plan Housing Element Issues
January 26, 2010
Page 5
one acre parcel currently zoned commercial that the new General Plan has changed to
Mixed Use with a density of 30 units per acre. Rather than estimating that a mixed -use
project could accommodate 30 units on this site, HCD may require that only 15 units for
this site be applied to the overall unit count.
In conclusion, once this item has been discussed with the Planning Commission and
City Council, we will submit the Draft Housing Element and Housing Technical Appendix
to the State. We expect that there may be issues identified by the State that will need
further analysis. Our goal is to submit an Element that meets the needs of this
community and is part of a General Plan that reacts to the goals of the community and
the stated purposes of the Planning Commission and City Council.
RECOMMENDATION
This item is for information and discussion only. We will forward the Commission's
recommendation and suggestions on to the City Council.
General Plan Housing Element Issues
January 26, 2010
Page 6
January 26, 2010
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: A Conditional Use Permit to operate a tutoring center with up to 115
students in an existing two -story, 4,409 square -foot classroom building
and a one -story, 2,336 square -foot social hall at an existing church
complex at 1741 S. Baldwin Avenue.
SUMMARY
STAFF REPORT
Development Services Department
Mr. Don Crenshaw, on behalf of Nobel Education Institute, submitted Conditional Use
Permit Application No. CUP 09 -19 to operate a tutoring center with up to 115 students
in an existing two -story, 4,409 square -foot classroom building and a one -story, 2,336
square -foot social hall at an existing church complex (Hope International Church) at
1741 S. Baldwin Avenue see the attached aerial photo and vicinity map.
The proposed use requires a Conditional Use Permit and a Parking Modification of 61
on -site parking spaces in lieu of 263 spaces required. Although there is a significant
parking deficiency by Code and concerns about traffic congestion during student pick-
up, it is staffs opinion that the proposal includes measures appropriate for the location
so that this tutoring center will not significantly impact the adjacent streets and
neighboring properties. Therefore, the Development Services Department is
recommending approval of this application, subject to the conditions listed in this staff
report.
GENERAL INFORMATION
APPLICANT: Mr. Don Crenshaw for Ms. Michelle Li (dba Nobel Education Institute)
LOCATION: 1741 S. Baldwin Avenue
REQUEST: A Conditional Use Permit to operate a tutoring center with up to 115
students in an existing two -story, 4,409 square -foot classroom building
and a one -story, 2,336 square -foot social hall at an existing church
complex. The age -range of the students is to be limited to 4 -14 years of
age (non- driving age) and the hours of operation are to be Monday
Friday, 3:00 p.m. to 6:15 p.m.
SITE AREA: 67,838 square feet (1.56 acres)
FRONTAGES: 225 feet along S. Baldwin Avenue
294 feet along W. Lemon Avenue
60 feet along Sharon Road
EXISTING LAND USE ZONING:
The church complex is composed of three parcels:
1735 1741 S. Baldwin Avenue is zoned R -2, Medium Density
Multiple Family Residential, and is developed with a sanctuary, meeting
hall, church offices, a two -story education building, a single family
residence, a detached two -car garage, and a 26 space parking lot.
1731 S. Baldwin Avenue is zoned R -1- 7,500, One Family Residential
with a minimum lot size of 7,500 square feet, and contains an open
landscaped area, a playground, and a small sports court.
721 W. Lemon Avenue is zoned R -1 -7,500 and is developed with a
single family residence, a 555 square -foot, modular /mobile trailer, office
structure, and a 37 space parking lot.
SURROUNDING LAND USES ZONING:
The site is surrounded on all sides by single family residences that are
zoned R -1- 7,500.
GENERAL PLAN DESIGNATION:
Single- Family Residential (0 -6 dwelling units per acre)
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 09 -19 were
mailed on January 14, 2010 to the property owners, tenants and occupants of those
properties that are within 300 feet of the subject property see the attached radius map.
Because staff considers the proposed project exempt from the requirements of the
California Environmental Quality Act (CEQA) the public hearing notice was not
published in the Arcadia Weekly newspaper.
BACKGROUND INFORMATION
The church complex is comprised of two, single family residences that are occupied by
church staff, a sanctuary, social hall, church offices, and a two -story education building
see the attached photographs. Along with the numerous weekend activities, such as
worship services, bible study classes, choir and orchestra rehearsals, and other
fellowship activities, the church on weekdays hosts an Alcoholics Anonymous meeting,
and allows a Kumon Learning Center and Tokyo Education Institute to utilize the social
hall for tutoring services for up to 40 children (CUP 07 -11). A schedule of building uses
at the church site is attached.
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 2
This church site has a number of previously approved Conditional Use Permits,
including the following:
CUP 09 -07 was granted in July 2009 to permit construction of a 1,273 square -foot
office building to replace the modular /mobile office trailer. The church has stated that
they have decided not to build the new offices, but the approval is valid for one year.
CUP 07 -11 was granted in October 2007 to allow tutoring services for up to 40
children to operate in the meeting hall.
CUP 80 -9 allowed the two -story education building to be used for a Christian school
with a maximum enrollment of 75 students. The school moved to another location
several years ago.
CUP 73 -12 allowed a pre school to operate on the ground -floor of the two -story
education building.
CUP 65 -9 permitted construction of the two -story education building.
Because all the various buildings and uses at this church are interdependent and rely
on the two parking lots, there should have been a covenant recorded to hold the three
parcels as one for the development of these facilities. But, there are no City records
that indicate such a covenant has been filed, and therefore, one should be required for
approval of this application.
The proposed tutoring facility will be operated by Nobel Education Institute, which
currently runs a tutoring center at 1 W. Duarte Road. This school has been in
business since 1993, when they were originally approved for a maximum of 30
students (CUP 93 -04). In 2007, the Planning Commission approved CUP 07 -05
allowing Nobel Education Institute to expand into an adjacent commercial unit and
increase the maximum number of students to 75 students. Because the location at
1 W. Duarte Road shares a relatively small parking lot with several other businesses,
CUP 07 -05 requires that a minimum of 60 students be transported to Holly Avenue
Elementary School or some other alternative location for pick up by their parents.
In November 2009, Nobel Education Institute filed this application (CUP 09 -19) to
relocate their existing tutoring center to 1741 S. Baldwin Avenue and increase the
number of students to a maximum of 160 students. Because of parking and traffic
concerns, staff suggested that the applicant reduce the number of students, and add
provisions for pick -up of the children. The proposal for 115 students is based on the
numbers allowed for prior and existing educational activities, and the details of this
proposal are discussed in the following section.
In January 2010, Code Services received a complaint from a nearby resident who
stated that an unapproved school was operating at this location and creating traffic
problems along Lemon Avenue. Code Services investigated the complaint and found
that Nobel Education Institute was already operating in the two -story, education
building, and had been operating since September 2009. A notice to cease and desist
and an administrative citation were issued to Nobel Education Institute for operating a
tutoring center without approval of a Conditional Use Permit and without a Business
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 3
License. Staff conducted follow -up inspections to verify that Nobel Education Institute
is no longer operating at this location, pending approval of this Conditional Use Permit
application.
PROPOSAL AND ANALYSIS
The proposal is to operate an after school, tutoring program with 11 instructors and a
maximum of 115 students at any one time. The instructional activities will include
homework assistance, and supplemental lessons in English and Math. The tutoring
center will occupy two existing buildings on the site: 75 students will be in the two
story education building, and 40 students will be in the social hall see the attached
plans for the layout. A fenced, outdoor playground area and sports court behind the
education building will be used for supervised, 10- minute recesses. The proposed
hours of operation are 3:00 p.m. to 6:15 p.m., Monday through Friday. Additional
operational aspects of the proposal are described in the attached General
Notes /Procedures for this Conditional Use Permit application.
Parking and Student Transportation
The property has a total of 63 on -site parking spaces. In order to allow easy ingress
and egress between the southerly and northerly parking areas, the applicant is
proposing to eliminate two parking spaces (nos. 23 24 on the site plan) which will
reduce the number of spaces in the parking lots to 61 spaces. The proposed tutoring
center by itself would require 34 on -site parking spaces based on the Code
requirement of 1 space per 5 students of non driving age and 1 space per staff
member. The parking requirement for the existing remaining uses (the two existing
tutoring services are to be displaced by this proposal) would be 229 spaces see the
table below for the parking requirement calculations. Therefore, the applicant is
requesting a Parking Modification of 61 on -site spaces in lieu of 263 spaces required.
This is a parking deficiency of 202 spaces. Based on the current uses of the existing
buildings, the parking requirement is 229 spaces for an existing parking deficiency of
166 spaces.
Building Use
Sanctuary
Social Hall
Offices (not including trailer)
Two Single Family Houses
Proposed Tutoring Center
Parking Requirement Calculation
Parking Requirement
1 space per 28 inches of bench space
1 space per 35 sq. ft.
4 spaces per 1,000 sq. ft.
2 spaces per residence
1 space per instructor 1 for every 5 students
No. of Spaces Required
168 spaces
44 spaces
13 spaces
4 spaces
34 spaces
Total: 263 spaces
The two -story education building was permitted by CUP 65 -9, and CUP 80 -9 allowed a
75- student Christian school. This was the last permit granted for the use of this
education building, and the Christian school moved to other facilities several years ago.
Because a school has not operated in this building for several years, any new use of this
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 4
building requires a new Conditional Use Permit. Based on the floor plans, this building
can currently accommodate approximately 120 people.
Because all of the Church's buildings will not be in use simultaneously, and the attached
schedule of activities indicates that no other activities, except regular church
administration will occur during the operation of the proposed tutoring center, the actual
parking demand will be less than the parking required by Code.
To avoid parking and traffic impacts, the students are to be dropped -off at this site by
four vans operated by the tutoring center see the photos included with the attached
General Notes /Procedures for this application. These vans will transport the children
directly from surrounding elementary and middle schools to the subject property:
Kindergarten —fifth grade children will be dropped off at approximately 3:00 p.m. and
sixth eighth grade children will be dropped off at approximately 3:30 p.m. At the
conclusion of the tutoring sessions, the children are to be picked -up by their parents at
the subject property at four different dismissal times: Kindergarten and first grade
children at 5:30 p.m., second and third graders at 5:45 p.m., fourth and fifth graders at
6:00 p.m., and sixth— eighth grade children at 6:15 p.m.
The tutoring center will require parents to use a designated pick -up area near the
existing modular /mobile trailer- office. The proposed vehicle queuing arrangement is
shown on the site plan. Parents will enter the site from Lemon Avenue and proceed
north through the southerly parking lot into the northerly parking area and drive to the
rear /north end of the northerly parking lot and then turn around to arrive at the pick -up
area. This configuration will provide approximately 450 feet of queuing space, which
will accommodate approximately 25 cars on -site to minimize congestion on Lemon
Avenue. To ensure that the northerly parking lot is unobstructed during student pick-
up times, it will be blocked -off by portable traffic cones. Church staff, the tutoring staff,
and any daytime visitors will use the southerly parking lot. To facilitate and direct the
pick -up queuing, traffic cones and signs will delineate the direction of travel and
tutoring center staff will walk the children to the designated pick -up area, and
supervise and assist with the loading into the parents' cars.
It is staffs opinion that the proposed plan for student pick -up should sufficiently allow the
safe and efficient pick -up of 115 students over a one -hour period, minimize traffic
congestion on Lemon Avenue, and avoid any additional congestion on Baldwin Avenue.
It is also staffs opinion that to achieve the proposed pick -up arrangement, the existing
modular /mobile trailer office and two parking spaces (nos. 23 24 on the site plan) will
have to be eliminated. The trailer office and these two parking spaces narrow the
access between the northerly and southerly parking lots. Removal of the trailer and the
two parking spaces will improve the ability to maneuver out of the northerly parking lot.
Additionally, given the poor condition of the parking lots, staff recommends that the
parking Tots be resurfaced and restriped.
An alternative to the proposed plan for student pick -up is to require that parents park
their cars in the northerly parking lot and walk to the education building or social hall to
pick up their children. The southerly parking area should be reserved for tutoring
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 5
center staff and church business, and any open spaces at the beginning of the pick -up
time should be blocked off with traffic cones so that any incoming traffic will not have
to wait for a parent backing -out of one of these spaces and thus avoid a backup onto
Lemon Avenue. This arrangement still necessitates the removal of the trailer office
and the two parking spaces to improve the access between the northerly and
southerly parking lots.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment (including a full coverage fire alarm system)
and parking and site design are required to be complied with to the satisfaction of the
Building Official, City Engineer, Community Development Administrator, Fire Marshal,
and Public Works Services Director.
This property is not served by the Arcadia Water Services Division. Therefore, any
water supply requirements will have to be provided to the satisfaction of the actual
water supplier.
CEQA
Proposed projects that are not approved, are by virtue of being denied, exempt from
any further environmental assessment. If approved, however, and if it is determined
that no physical alterations to the property are necessary, then this project is
categorically exempt from further environmental review pursuant to the provisions of
the California Environmental Quality Act (CEQA) Section 15303 of the Guidelines, as
a conversion of a small commercial structure under 10,000 square -feet in floor area.
A Preliminary Exemption Assessment is attached to this staff report.
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.
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 6
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
It is staff's opinion that the proposed tutoring center can satisfy each prerequisite
condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 09 -19, subject to the following conditions:
1. There shall not be more than one hundred fifteen (115) students and eleven (11)
faculty and staff at any time at the tutoring center.
2. The hours of operation of the tutoring center shall be limited to 3:00 p.m. to 6:30
p.m., Monday through Friday. The tutoring center shall not operate on weekends.
3. All other tutoring activities at this location, including, but not limited to the Kumon
Learning Center and Tokyo Education Institute shall cease operations prior to
operation of Nobel Education Institute at this site. No other activities or uses,
except general church administration shall take place at the church complex
during this tutoring center's operating hours.
4. The tutoring center shall post and distribute notices to all students, parents, and
staff to provide instructions for where to park, and where to drop -off and pick -up
students in accordance with requirements established by the City. A draft of the
notice shall be submitted to the City for review and approval by the Development
Services Director or designee prior to beginning operation of the tutoring center.
5. The pedestrian gate at the north end of the northerly parking lot is to remain
locked during the tutoring center's operating hours to ensure that students and
parents are not accessing the Church property from Sharon Road.
6. The modular /mobile trailer -office structure and the two parking spaces designated
as spaces no. 23 no. 24 on the site plan shall be removed to improve the
ingress and egress between the parking areas.
7. The parking lots at 721 W. Lemon Avenue and 1735 S. Baldwin Avenue shall be
resurfaced and restriped per City standards to the satisfaction of the Development
Services Director or designee prior to beginning operation of the tutoring center.
8. The use approved by CUP 09 -19 is limited to the proposed after school, tutoring
center, which shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and approved for CUP 09 -19, and shall be
subject to periodic inspections and the provisions of this Conditional Use Permit
may be adjusted to address any impacts to the adjacent streets and neighboring
properties.
9. A covenant to develop and hold the subject Church properties as one, in a form
approved by the City Attorney shall be executed by the property owner(s) and
recorded with the County Recorder prior to beginning operations of this tutoring
center.
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 7
10. Noncompliance with the plans, provisions and conditions of approval for CUP 09-
19 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
11. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment (including, but not limited to a full- coverage
fire alarm system) and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director. Water supply
requirements shall be provided to the satisfaction of the actual water supplier.
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
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.
13. Approval of CUP 09 -19 shall not take effect until the property owner(s), applicants,
and business owners and operators have executed and filed the Acceptance
Form available from the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this application, the Commission
should move to approve Conditional Use Permit Application No. CUP 09 -19; state the
supporting findings and environmental determination, and direct staff to prepare a
resolution incorporating the Commission's decision, specific determinations and
findings, and the conditions of approval for adoption at the next meeting.
Denial
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 09 -19; state the finding(s)
that the proposal does not satisfy with reasons based on the record, and direct staff to
prepare a resolution incorporating the Commission's decision and specific findings for
adoption at the next meeting.
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 8
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the January 26 public hearing, please
contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at
tschwehr @ci.arcadia.ca.us.
Approved by:
asama
C ommunity Development Administrator
Attachments: Aerial Photo Vicinity Map
300 -foot Radius Map
Photos of Subject Property
Schedule of Building Uses
Site Plan Floor Plans
General Notes /Procedures for CUP 09 -19
Preliminary Exemption Assessment
CUP 09 -19
1741 S. Baldwin Ave.
January 26, 2010 page 9
1741 S Baldwin Ave
Arcadia
Zone
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Development Services Department
Engineering Division
prepared by: R.S.Gonzalez January 2010
1741 S Baldwin Avenue
CUP 09-19
Development Services Department
Engineering Division
Prepared by: R.S.Gonzalez, January 2010
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PROJECT INFORMAT[ N
1741 S. BALDWIN AVE.
ARCADIA, CA.
09-001
SCALE 1" 200'
Hope International Church Building use
SUNDAY SCHEDULE
Sanctuary Fellowship Hall
10 AM 11:30 English Worship 40 50 people 2 Bible Studies 10 25 people
11:30 AM -1 PM Chinese Worship 100 150 people 2 Bible Studies 10 20 people
3- 4:30 PM Indonesian Worship 4:30 7 PM Fellowship 20 30 people
5 7 PM Spanish Worship 10 20 people.
Education Building
10 AM -1 PM Sunday School and Nursery 50 childi+en 1 12 yrs old
(6 classes with 6 teachers)
11:30 AM -1 PM Youth Group 10 15 people (2 leaders with junior high kids)
4 5 PM Bible Study 10 15 people (All ages)
1.
WEEKDAY SCEDULE
Fellowship Hall (choirs use sanctuary)
Permanent English Pastors Office (hours) Mon 9 1 Wed 9 5 Fri 9 -5 Sat 9 2 PM
Permanent Chinese Offices Sunday 9 AM 2 PM and Wednesday 6 10 PM
Secretary Office hours Wed 9 12 AM
Monday 7 -10 PM AA group 10 15 people (Adults)
Tuesday 7 -10 PM Orchestra Choir groups 30 40 people (Adults)
Wednesday 6 8 PM Worship team practice 10 15 people (Adults)
8 10 PM Prayer meeting 30 40 people (adults)
Thursday 7 -10 PM Choir ping pong group 30 people (Adults)
Saturday 2 -5 PM ping pong group 5 15 people (adults)
JUN 1 7 7009
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Education Building
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Tuesday 7,9 PM ESL group 10 15 people (adults)
Wednesday -10 PM youth group 10 -15 people (junior high kids)
--Thursday 9 -12 AM bible study 5 10 people (adults)
Friday: Youth'group, several bible study groups 30 40 people (All ages) I( PJr)
„Saturday: 5 7 PM International Students' Group 10 20 people (young adults)
7 9 PM Bible Study 10 15 people (all ages)
Proposed Office Building Use
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-4
7:
Days of week
Students
Activities
Monday
K thru 8th
grade
School homework, Supplemental lessons
Tuesday
K thru 8
grade
School homework, Supplemental lessons
Wednesday
K thru 8th
grade
School homework, Supplemental lessons
Thursday
K thru 8
grade
School homework, Supplemental lessons
Friday
K thru 8th
grade
School homework, Supplemental lessons
CUP09 19 1741 S. Baldwin Ave. Arcadia, 91007
General Notes/ Procedures
1. Hours of the operating are Monday through Friday, from 3:OOpm to
6:15pm.
2. Within the operating hours, we offer after school program for students
from Kindergarten to 8 grade. Between 3:OOpm to 6:15pm, our teachers
will spend most of class time assisting student's daily school homework.
Enrichment lessons will be taught such as English and Math as
supplemental activities.
3. Maximum number of teachers and other employees is 11. Out of 11 staffs,
4 teachers are holding valid California Teaching Credential. Numerous
staffs are in process of obtaining California Teaching Credential. Ratio of
staff to students is 1 to 10. All students will be supervised by trained staff
at any time, including class time and break time. Outdoor fenced
playground will be used during supervised break time. Each break interval
is 10 minutes. 3 staff will supervise totally no more than 30 students in
the playground during each break interval.
4. Maximum number of students at any one time is 115. Among them, 75
students will be in the two -floor educational building which is 4409 square
feet. In average, each student occupies 58.79 square feet. 40 students
will be in the social hall, which is 2336 square feet. In average, each
student occupies 58.40 square foot. Currently, building code of educational
facility is 1 student occupying 20 square feet. (See floor plan for details).
5.
6. Our school vans will pick up students from the following Arcadia
elementary schools: Baldwin Stocker, Holly Ave., Camino Grove, Hugo Reid,
Highland Oaks and Longley Way. And we also pick up students from the
following middle schools: Dana, 1s Ave. and Foothills. There are four
vans to transport students from their public schools. Two of them are 15-
passenger vans. They are classified as "Youth Bus" by the California
Highway Patrol and have to be inspected and certified by CHP annually.
Their dimensions are 18.5'x6.5`. They are really like extended SUVs that
take normal parking space and turn like a SUV. The other two are 7-
passenger minivans. All vans carry commercial auto insurance required by
the law. Please see the attached pictures for their real views.
The four vans will take two or three trips to drop students at Hope
International Church between 2:20pm and 3:20pm since not all schools
dismiss at the same time. This actually helps us plan our pick -up routes
and disperses our drop -off traffic at the site and its neighborhood.
7. Our school vans will pick up students from public school sites in Arcadia,
and drop them off at the facility. Each classroom teacher will supervise his
or her students at all time. There are two drop -off time and 4 -class
dismissal time. For drop -off time: Kindergarten through 5 grade is
3:OOpm, and 6 grade through 8 grade are 3:30pm. For class dismissal
time, Kindergarten and 1s grade are 5:30pm 2 and 3rd grade are
5:45pm, 4 and 5 grade are 6:OOpm, and 6t through 8 grade are
6:15pm. In each 15- minute period, only no more than 30 students will be
released. All pick -up and drop -off will be conducted in the parking lot,
within the property only. (see floor plan for details)
8. Current school, Kumon, will relocate its program. There is no sharing of
classrooms or CUP.
Michelle Wang Date
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 09 -19 to operate a tutoring center with up to 115 students in an
existing two -story 4,409 square -foot classroom building and one -story 2,336 square -foot meeting hall at an
existing church complex.
2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 71/2' topographical map identified by quadrangle name):
1741 S. Baldwin Avenue (between Lemon Avenue and Sharon Road)
3. Entity or person undertaking project: A. City of Arcadia
B. Other (Private)
(1) Name: Don Crenshaw
(2) Address: 137 Mauna Loa
Monrovia, CA 91016
(3)
Phone: (626) 358 -6733
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the Califomia Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt. Applicable Exemption Class: 3
Section No.: 15303
f. The project is statutorily exempt. Applicable Exemption:
Section No.:
g. The project is otherwise exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: January 5, 2010 Staff: Tim Schwehr, Assistant Planner
January 26, 2010
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUMMARY
GENERAL INFORMATION
APPLICANT: Ms. Janice Yen (dba Steps Academy, Inc.)
LOCATION: 222 -224 S. First Avenue
SITE AREA: 7,423 square feet (0.17 acres)
FRONTAGE: 55 feet along S. First Avenue
STAFF REPORT
Development Services Department
SUBJECT: Conditional Use Permit Application No. CUP 09 -20 to operate a tutoring
center with up to 40 students in an existing 2,255 square -foot
commercial building at 222 -224 S. First Avenue.
Ms. Janice Yen, on behalf of Steps Academy, Inc., submitted Conditional Use Permit
Application No. CUP 09 -20 to operate a tutoring center with up to 40 students in an
existing, one -story, 2,255 square -foot commercial building. Attached are an aerial
photo, vicinity map, and photos of the subject property. It is staff's opinion that based
on the proposed schedule for this tutoring center, and improvements to the on -site
parking arrangement, the site can accommodate 40 students without significantly
impacting First Avenue and the neighboring properties. The Development Services
Department is recommending approval of the proposed tutoring center, subject to the
conditions listed in this staff report.
REQUEST: A Conditional Use Permit to operate a tutoring center with up to 40
students in an existing, one -story, 2,255 square -foot commercial
building. The age -range of the students are to be limited to 4 -14 years
of age (non- driving age) and the hours of operation are to be Monday
Saturday, 12:00 noon to 7:00 p.m. Group instruction will be limited to
Mondays— Fridays, 3 :00 p.m. to 6:00 p.m., and on Saturdays 2:30 p.m.
to 5:30 p.m. The tutoring center will be closed on Sundays.
EXISTING LAND USE ZONING:
The site is developed with a one -story, 2,255 square -foot commercial
building (c.1977) and is zoned CBD, Central Business District.
SURROUNDING LAND USES ZONING:
North: One -story, commercial building occupied by a cheerleading,
dance and gymnastics studio (CUP 07 -09) zoned CBD
South: One story, retail and office building zoned CBD
East: Surface parking lots servicing the adjacent properties to the
north and south zoned R -3
West: Two -story, office building zoned CBD
GENERAL PLAN DESIGNATION:
Mixed Use Commercial Multi Family
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 09 -20 were
mailed on January 14, 2010 to the property owners, tenants and occupants of those
properties that are within 300 feet of the subject property (see the attached radius map).
Because staff considers the proposed project exempt from the requirements of the
California Environmental Quality Act (CEQA) the public hearing notice was not
published in the Arcadia Weekly newspaper.
BACKGROUND INFORMATION
The subject property was developed in 1977 as a one -story, 2,200 square -foot office
building with 9 parking spaces. Modification No. M -77 -21 was approved to allow this
building to be built with a 10 -foot rear setback in lieu of 20 feet when adjacent to a
residential zone, and with two parking stalls adjacent to the side property lines to be
9' -6" wide in lieu of 11' -6 The building was last occupied by an educational
consultant and a music teacher. The parking has been incorrectly restriped and does
not conform to either the layout approved by M- 77 -21, or current parking standards.
The applicant is currently operating Steps Academy Inc. at 1012 -B S. Baldwin Avenue
with operating hours of 10:30 a.m. to 8:00 p.m. on weekdays, and 10:30 a.m. to 4 :30
p.m. on weekends, with a maximum of 30 students at any one time. The applicant is
proposing to relocate this business to the subject property at 222 -224 S. First Avenue.
PROPOSAL AND ANALYSIS
The proposal is to operate an after school tutoring program with two instructors, one
teacher's assistant/receptionist, and a maximum of 40 students at any one time in an
existing, one -story, 2,255 square -foot commercial building. The proposed hours of
operation are 12:00 noon to 7:00 p.m., Monday through Saturday. Group instruction
CUP 09 -20
222 -224 S. First Avenue
January 26, 2010 page 2
will be limited to 3:00 p.m. to 6:00 p.m., Monday through Friday, and 2:30 p.m. to 5:30
p.m. on Saturdays. The center will be closed on Sundays. The remainder of the
operating hours will be used for individual one -to -one instruction, individual parent
teacher conferences, and general office activities. For the group instruction sessions,
the students will be separated into two groups, each with a maximum of 20 students.
On weekdays, instruction for Group One will begin at 3:00 p.m. and conclude at 5:00
p.m., and instruction for Group Two will begin at 4:00 p.m. and conclude at 6:00 p.m.
Students will receive instruction in Math and English. A detailed operating plan from
the applicant (Steps Academy, Inc.) is attached. A tutoring center is a permitted use
in the CBD zone with an approved conditional use permit.
Parking and Traffic
The existing, on -site surface parking lot is not correctly laid out; there are two parking
spaces in a tandem arrangement, the handicap space is not per Code, and there is
inadequate backout distance between the two rows of parking spaces. By Code, a
tutoring center is required to provide one on -site parking space for each employee and
one parking space for every five children (non- driving age). Based on the proposal of
two teachers, one teaching assistant, and 40 students; this tutoring center is required
to provide 11 on -site parking spaces. If striped to current Code requirements,
however; only seven parking spaces can be provided. A minor Modification to allow a
six -inch reduction in width(s) would enable one more space to be provided for a total
of eight parking spaces on site.
It is staffs opinion that the site can accommodate the proposed tutoring center; based
on the schedule to have the children arrive and depart in two groups of 20. If a
tutoring center were to have 20 children and three staff members, the parking
requirement would be seven on -site spaces. In addition to reorienting and restriping
the parking lot with a minor Modification to enable eight spaces to fit on this site, the
following site improvements should also be provided:
1. The driveway is to be marked to indicate two -way travel and a, "Right -Turn Only"
sign is to be posted on the northerly /exit side.
2. The trash enclosure is to be enlarged (widened) to accommodate the trash bin
and a solid metal gate is to be installed.
3. The landscaping is to be trimmed so that it does not impinge on the driveway
area.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment (including a full- coverage fire alarm system)
parking and site design, and water supply and irrigation systems are required to be
complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
CUP 09 -20
222 -224 S. First Avenue
January 26, 2010 page 3
CEQA
Proposed projects that are not approved, are by virtue of being denied, exempt from
any further environmental assessment. If approved, however, and if it is determined
that no physical alterations to the property are necessary, then this project is
categorically exempt from further environmental review pursuant to the provisions of
the California Environmental Quality Act (CEQA) Section 15303 of the Guidelines, as
a conversion of a small commercial structure under 10,000 square -feet in floor area.
A Preliminary Exemption Assessment is attached to this staff report.
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.
It is staffs opinion that the proposed tutoring center can satisfy each prerequisite
condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 09 -20, subject to the following conditions:
1. There shall not be more than forty (40) students, and three (3) faculty and staff
members at any time at this tutoring center and the students shall arrive and
depart in accordance with the schedule proposed and approved for CUP 09 -20.
2. The hours of operation shall be limited to Monday Saturday, 12:00 noon to 7:00
p.m., with group instruction limited to Monday Friday, 3:00 p.m. to 6:00 p.m., and
Saturdays 2:30 p.m. to 5:30 p.m.
CUP 09 -20
222 -224 S. First Avenue
January 26, 2010 page 4
3. The parking lot shall be reoriented and restriped to Code, except that a
Modification for a six -inch adjustment to the width(s) of one or more standard
parking spaces is granted to enable eight parking spaces to fit on this site, and the
following site improvements shall also be provided:
a. The driveway shall be marked to indicate two -way travel and a, "Right -Turn
Only" sign shall be posted on the northerly /exit side of the driveway.
b. The trash enclosure shall be enlarged (widened) to accommodate the trash bin
and a solid metal gate shall be installed.
c. The landscaping shall be trimmed so that it does not impinge on the driveway
area.
d. The parking lot improvements and all these other site improvements shall be
completed to the satisfaction of the Development Services Director or designee
and prior to beginning operation of this tutoring center.
4. The use approved by CUP 09 -20 is limited to the proposed after school tutoring
center and it shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and approved for CUP 09 -20, subject to the
satisfaction of the Development Services Director or designee.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 09-
20 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
6. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment (including a full coverage fire alarm system)
parking and site design, and water supply and irrigation systems are required to be
complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
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 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.
8. Approval of CUP 09 -20 shall not take effect until the property owner(s), applicant,
and business owner(s) /operator(s) have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness and
acceptance of these conditions of approval.
CUP 09 -20
222 -224 S. First Avenue
January 26, 2010 page 5
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this application, the Commission
should move to approve Conditional Use Permit Application No. CUP 09 -20; state the
supporting findings and environmental determination, and direct staff to prepare a
resolution incorporating the Commission's decision, specific determinations and
findings, and the conditions of approval for adoption at the next meeting.
Denial
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 09 -20; state the finding(s)
that the proposal does not satisfy with reasons based on the record, and direct staff to
prepare a resolution incorporating the Commission's decision and specific findings for
adoption at the next meeting.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the January 26 public hearing, please
contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at
tschwehr @ci.arcadia.ca.us.
Approved by:
Jim am
C• munity Development Administrator
Attachments: Aerial Photo Vicinity Map
Photos of Subject Property
Photos of Surrounding Properties
300 -foot Radius Map
Site Plan Floor Plan
Operational Plan
Preliminary Exemption Assessment
CUP 09 -20
222 -224 S. First Avenue
January 26, 2010 page 6
222 -24 S First Ave
Arcadia
Zone
Development Services Department
Engineering Division
Prepared by. R.S.Gonzalez, January 2010
222 -224 S FlrstAvenue
CUP 09 -20
(201)
(215)
(229)
(3)
CALIFORNIA ST
Development Services Department
Engineering Division
epans by: R.S.Gonzalez, January 2010
(122)
(124)
(126)
(130)
BONITA ST
(208)
(214.21 CBD
(116)
(120)
(126)
(220)
(234)
(113)
(115)
(113)
(119)
(121)
(121)
(125)
CALIFORNIA ST
(131)
(129)
(137)
ALLEY (301)
(306)
(122)
(126)
(130)
(316)
222 -224 S First Avenue
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Public Notification
Boundary
For
222-224 1st. Ave.
Arcadia CA 91006
APN 5773 020 -002
October 30, 2009
JN 9242
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Time (Mon Fri)
Group 1 (up to 20 students)
Group 2 (up to 20 students)
3 P.M. 4 P.M.
English instruction (2 days per week)
Math instruction (3 days per week)
(Classrooms 2 and 3)
4 P.M. 5 P.M.
Students complete class work.
(Classroom 1)
English instruction (2 days per week)
Math instruction (3 days per week)
(Classrooms 2 and 3)
5 P.M. 6 P.M.
Students complete class work.
(Classroom 1)
Time (Sat)
Group 1 (up to 20 students)
Group 2 (up to 20 students)
2:30 P.M. 3:30 P.M.
English instruction
(Classrooms 2 and 3)
3:30 P.M. 4:30 P.M.
Math instruction
(Classrooms 2 and 3)
English instruction
(Classroom 1)
4:30 P.M. 5:30 P.M.
Math instruction
(Classroom 1)
STEPS ACADEMY, INC.
1012 S. Baldwin Ave., Arcadia, Ca 91006
(626) 447 -5002
December 28, 2009
To whom it may concern:
Steps Academy, Inc. is founded on a mission to help children in Kindergarten through 7`
grade improve their math, reading, and writing skills. We have prepared a comprehensive
curriculum, and offer each student individualized instruction in a small group setting. We
emphasize a step -by -step process of learning all material, so as to foster in the student a solid
foundation. We believe that no child should have limits in learning; Our students will be
challenged to reach their fullest potential.
At our proposed location, we will have two instructors and one teacher's assistant
receptionist (total of 3 employees). Other than the three classrooms, there is an office. This is
where instructors will grade students' work, plan for the upcoming lessons, and hold parent
conferences. There is also a waiting area for parents.
Our regular office hours are from 12:00 P.M. to 7:00 P.M., Monday through Saturday.
The following is a sample of our class schedule:
Students in group 1 attend class at our center from 3 P.M. to 5 P.M., Monday to Friday.
Students in group 2 attend class at our center from 4 P.M. to 6 P.M., Monday to Friday.
We also offer a Saturday class for those students who are not able to come during the week.
On Saturdays, students in group 1 attend class at our center from 2:30 P.M. 4:30 P.M.,
and students in group 2 attend class at our center from 3:30 P.M. 5:30 P.M.
If you have any questions, please call Janice Yen at (626)484 -6884. Thank you.
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 09 -20 for a 2,255 square -foot tutoring center with up to 40
students.
2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7W topographical map identified by quadrangle name):
222 -224 S. First Avenue (between Bonita Street and California Street)
3. Entity or person undertaking project: A. City of Arcadia
B. Other (Private)
(1) Name: Janice Yen (dba Steps Academy, Inc.)
(2) Address: 821 N. Santa Anita Avenue
Arcadia, CA 91006
(3) Phone: (626) 446 -1822
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. 0 The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt. Applicable Exemption Class: 3
Section No.: 15303
f. The project is statutorily exempt. Applicable Exemption:
Section No.:
g. The project is otherwise exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: January 5, 2010 Staff: Tim Schwehr, Assistant Planner
RESOLUTION NO. 1810
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING ZONE VARIANCE
NO. ZV 09 -01, MODIFICATION NO. MC 09 -36, AND APPROVING
SINGLE FAMILY ARCHITECTURAL DESIGN REVIEW NO.
SFADR 09-43 TO REBUILD AND ADD ONTO AN EXISTING
RESIDENCE AT 231 W. WISTARIA AVENUE.
WHEREAS, on November 5, 2009, a Zone Variance application, a Modification
application, and a Single Family Architectural Design Review application were filed by
J. Don Crenshaw to rebuild and add onto an existing residence, allow a three -car
garage to face the street on a 99.98 -foot wide lot, and allow side yard setbacks to align
with the existing legal- nonconforming setbacks; Development Services Department
Case Nos. ZV 09 -01, MC 09 -36, and SFADR 09-43 at property commonly known as
231 W. Wistaria Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on
December 8, 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 provided by the Development Services
Department in the staff report dated December 8, 2009 are true and correct.
SECTION 2. This Commission finds:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the property, that do not
apply generally to the property or class of use in the same zone or vicinity. The subject
property is within a neighborhood where a majority of the homes have three -car
garages facing the street, and is within fractions of an inch short to meet the minimum
lot width requirement for this layout.
B. That the granting of such variance will not be materially detrimental to the
public health or welfare or injurious to the property or improvements in such zone or
vicinity in which the property is located. The proposal promotes uniformity in
development as most existing homes within the block have three -car garages facing the
street.
C. That such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant possessed by other property in the same zone
and vicinity. The proposal enables the applicant to develop the subject property in the
same manner as the neighboring properties.
D. That the granting of such variance will not adversely affect the
comprehensive general plan as the proposal is consistent with the provisions of this
document.
SECTION 3. That for the foregoing reasons this Commission grants a Zone
Variance, a Modification, and approval of Single Family Architectural Design Review for
the rebuild and addition to this single family residence, subject to the following
conditions:
1. The project shall comply with all applicable Standard Conditions of
Approval.
2. All City requirements regarding building safety, fire prevention, fire
detection, fire suppression, emergency access, parking, water supply and water
facilities, sewer facilities, trash reduction and recycling requirements, and National
2 1810
Pollutant Discharge Elimination System (NPDES) measures shall be complied with to
the satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director. Compliance with
these requirements is to be determined by having fully detailed construction plans
submitted for plan check review and approval.
3. 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. Approval of application nos. ZV 09 -01, MC 09 -36, and SFADR 09-43 shall
not take effect until the applicant, property owner and contractor have executed and
filed an Acceptance Form available from the Development Services Department to
indicate awareness and acceptance of the conditions of approval, and that all
conditions of approval shall be satisfied prior to final inspection of the project.
3 1810
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 26 day of January, 2010.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
c e?flrn tin City g y Attorney
Chairman, Planning Commission
4 1810
The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 12,
2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive
with Chairman Parrille presiding.
PLEDGE OF ALLEGIANCE
ROLL CALL:
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, January 12, 2010, 7:00 P.M.
Arcadia City Council Chambers
PRESENT: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille
ABSENT: None
OTHERS ATTENDING
Community Development Administrator, Jim Kasama
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit
per person
None
PUBLIC HEARINGS
1. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 09 -02
411 Oxford Drive
Ray Ballarini (Homeowner)
The applicant is appealing the Rancho Santa Anita (Lower Rancho) Homeowners'
Association Architectural Design Review Board decision to deny a Gerard Stone Coated
Steel Roof at the subject residence.
Mr. Kasama presented the staff report.
The public hearing was opened.
Chairman Parrille asked if anyone wanted to speak in favor of the project.
Mr. Ballarini, the homeowner, explained why he wanted a metal roof. He cited fire and wind
protection along with durability. Mr. Ballarini said that he considered other types of roofing
material and determined that a metal roof would best meet his requirements. He asked the
Commissioners to approve his appeal of the Homeowners' Association denial.
Commissioner Baderian asked if any neighbors have a similar roof and Mr. Ballarini said
that his next -door neighbor has had a metal roof on his house for five to eight years. He
added that there are other metal roofs in the neighborhood and some of them have been
there for thirty years.
Mr. Patrick Barton, manufacturer's representative for Gerard Roofing, distributed product
brochures to each Commissioner. He said that the company has been in business for 25
years and that he can provide a list of thousands of registered warranties in Southern
California. Mr. Barton explained that because of the durability of the product, the warranty is
non prorated and transferable to the new homeowner if the property is sold. He described
the benefits of metal roofing and offered to answer any questions the Commissioners might
have.
Commissioner Baderian said that the Rancho Santa Anita Homeowners' Association has
stated that their Architectural Review Board has received notice of Fire Department
objection to metal roofs because of difficulty in breaking through the roof in the event of a
fire.
Mr. Barton said that recommended procedures for Fire Fighters are provided on a compact
disc that is distributed to all Southern Califomia Fire Departments. He said that his company
would verify that Arcadia Fire Department had a copy of this CD.
Commissioner Hsu asked if the Fire Department needed special equipment to break through
a metal roof. Mr. Barton explained that the pry bars and shears that are standard equipment
at Fire Departments are all that is needed. He further pointed out that a metal roof will
withstand a fire, without collapsing, better than other types of roofing material.
Mr. Kim Smith, J. N. Davis Roofing, said that his company provides roofing for about 75 to
80 homes per year in the City of Arcadia. He provided a map and a list of satisfied
customers in the area. Mr. Smith pointed out that only the Lower Rancho Homeowners'
Association opposes steel roofs. He noted that in the past, Mr. Tony Henrich, the previous
Architectural Review Board Chairman, approved the installation of steel roofs in the area.
Mr. Warren Cross, a local roofing contractor, said that a previous appeal by one of his
customers had been approved by the Commission. He stressed the fire safety of a metal
roof and also said that his company had also worked successfully with Mr. Henrich. Mr.
Cross pointed out the aesthetic appeal and durability of a metal roof and said that he feels
this is the best roofing material currently available.
Commissioner Hsu asked Mr. Cross if he met with the Architectural Review Board to resolve
issues on the project that was recently appealed and Mr. Cross said that he had not. Mr.
Cross pointed out that he had not been invited to meet with the ARB.
Commissioner Baderian asked the homeowner, Mr. Ballarini, if he had read and understood
the conditions of approval in the staff report. Mr. Ballarini said that he had and that he would
comply with all conditions.
Chairman Parrille asked if anyone wanted to speak in opposition to the project.
There were none.
PC MINUTES
1 -12 -10
Page 2
MOTION:
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to close
the Public Hearing. Without objection the motion was approved.
It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve
appeal No. HOA 09 -02.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES: None
There is a five working day appeal period after the Planning Commission decision.
Appeals to the City Council are to be filed by 5:30 p.m. on Wednesday, January 20, 2010.
CONSENT ITEMS
2. MINUTES OF DECEMBER 8, 2009
MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Beranek, to approve the
minutes of December 8, 2009 as presented. Without objection the motion was approved.
MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION
None
MODIFICATION COMMITTEE MEETING ACTIONS
Chairman Parrille reported that there was no Modification Committee meeting this
morning.
MATTERS FROM STAFF
Mr. Kasama said that the next meeting, on January 26, will include review of the draft
Housing Element for the General Plan and, possibly, two Conditional Use Permits for new
tutoring centers.
ADJOURNED 7:40 pm
ATTEST:
Secretary, Planning Commission
Chairman, Planning Commission
PC MINUTES
1 -12 -10
Page 3