HomeMy WebLinkAbout8-10-10PLEDGE OF ALLEGIANCE
ROLL CALL
ARCADIA PLANNING COMMISSION AGENDA
Tuesday, August 10, 2010, 7:00 P.M.
Arcadia City Council Chambers
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.
PUBLIC HEARINGS
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.
1. CONDITIONAL USE PERMIT NO. CUP 10 -09
24 North First Avenue
Kevin Lee Riddle
The applicant is requesting a Conditional Use Permit to allow a 2,100 square -foot personal training
gym with a maximum of four patrons training at any one time.
RECOMMENDATION: Conditional approval
RESOLUTION NO. 1822
A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Conditional Use
Permit No. CUP 10-09 to operate a 2,100 square -foot personal training gym with a maximum of four
patrons training at any one time at 24 North First Avenue.
RECOMMENDATION: Adopt
There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed
by 5:30 p.m. on Wednesday, August 18, 2009.
2. CONDITIONAL USE PERMIT NO. CUP 10 -10
50 West Las Tunas Drive
Dr. James Su
The applicant is requesting a Conditional Use Permit to operate a tutoring center with up to 55
students in an existing 1,682 square -foot retail space of a commercial shopping center.
RECOMMENDATION: Conditional approval
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
8 -10 -10
RESOLUTION NO. 1823
A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use
Permit No. CUP 10 -10 to operate a tutoring center with 55 students in an existing 1,682 square -foot
retail space at 50 W. Las Tunas Drive.
RECOMMENDATION: Adopt
There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed
by 5:30 p.m. on Wednesday, August 18, 2009.
3. CONDITIONAL USE PERMIT NO. CUP 10 11
253 East Foothill Boulevard
Robert M. Silverman of Walgreen Co.
The applicant is requesting an Amendment to Conditional Use Permit No. CUP 05 -12 (Resolution No.
1736) to allow the sale of beer and wine for off -site consumption in a 12,610 square -foot drug store
(d.b.a. Walgreens) that is Tess than 150 feet from residentially -zoned property.
RECOMMENDATION: Conditional approval
RESOLUTION NO. 1823
A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use
Permit No. CUP 10-11 to amend Conditional Use Permit No. CUP 05 -12 (Resolution No. 1736) to
allow the sale of beer and wine for off -site consumption in an existing 12, 610 square -foot drug store
(D.B.A. Walgreens) at 253 E. Foothill Boulevard.
RECOMMENDATION: Adopt
There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed
by 5:30 p.m. on Wednesday, August 18, 2009.
CONSENT ITEMS
4. MINUTES OF JULY 27, 2010
RECOMMENDATION: Approval
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
8 -10 -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
8 -10 -10
August 10, 2010
STAFF REPORT
Development Services Department
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 10 -09 to operate a 2,100
square -foot personal training gym with a maximum of 4 patrons training
at any one time at 24 N. First Avenue.
SUMMARY
Mr. Kevin Lee Riddle submitted Conditional Use Permit Application No. CUP 10 -09 to
operate a 2,100 square -foot personal training gym with a maximum of 4 patrons
training at any one time at 24 N. First Avenue. Attached are an aerial photo, vicinity
map, and photos of the subject property. It is staffs opinion that based on the small
number of people who would be training at any one time; the site can accommodate
this use without adversely impacting the neighboring properties. The Development
Services Department is recommending approval of the proposed personal training
gym, subject to the conditions listed in this staff report.
GENERAL INFORMATION
APPLICANT: Mr. Kevin Lee Riddle, lessee
LOCATION: 24 N. First Avenue
REQUEST: A Conditional Use Permit to operate a 2,100 square -foot personal
training gym with a maximum of 4 patrons training at any one time. The
hours of operation will be Monday Friday, 5:00 a.m. to 9:00 p.m., and
Saturday Sunday, 6:00 a.m. to 9:00 p.m.
SITE AREA: 7,423 square feet (0.17 acres)
FRONTAGES: 55 feet along First Avenue and 135 feet along a side alley
EXISTING LAND USE ZONING:
The site is developed with a 2 -unit, 3,830 square -foot, commercial
building built in 1930. The property is zoned CBD, Central Business
District and is in the City's Central Redevelopment Project Area.
SURROUNDING LAND USES ZONING:
North: Retail zoned CBD
South: Retail zoned CBD
East: City of Arcadia Parking Lot zoned CBD
West: Arcadia Medical Center zoned CBD
GENERAL PLAN DESIGNATION:
Commercial
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 10 -09 were
mailed on July 29, 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 is developed with a three -unit, 3,830 square -foot, one -story
building. The southerly two units (18 22 N. First Ave.) total 1,730 square -feet and
are currently occupied by a retail sandwich shop and a shoe repair store. The subject
unit at 24 N. First Avenue is currently vacant, but was previously occupied by a
sporting goods store (Teamates Sporting Goods). No prior Modifications or
Conditional Use Permits have been approved for this property.
PROPOSAL AND ANALYSIS
The proposal is to operate a 2,100 square -foot personal training gym for one -to -one
and small group personal training sessions with a maximum of 4 patrons training at
any one time. A retail area is also proposed at the front of the unit. The applicant, Mr.
Kevin Lee Riddle, has indicated that he will be the only regular staff member at this
time. The business would be permitted to have additional trainers and employees
provided that no more than 4 patrons are training at any one time. The proposed
hours of operation are Monday Friday, 5:00 a.m. to 9:00 p.m., and Saturday
Sunday, 6:00 a.m. to 9:00 p.m. The applicant has indicated to staff that the actual
operating hours will be more limited and dependant on the preferred training schedule
of his customers. A personal gym /health club is a permitted use in the CBD zone with
an approved Conditional Use Permit and is an appropriate use in the Central
Redevelopment Project Area.
CUP 10 -09
24 N. First Avenue
August 10, 2010 page 2
Parking
The property has a total of 4 on -site parking spaces and an existing parking deficiency
of 15 spaces. By code, a gym is required to provide 1 parking space per 100 square
feet of gross floor area in all workout areas. With 1,216 square -feet of workout area,
the gym would have a parking requirement of 12 spaces. The other two commercial
units on this property (18 22 N. First Ave.) have a combined parking requirement of
9 spaces. The total parking requirement for this property with the personal training
gym would be 21 spaces, which results in a net increase of the parking deficiency by 2
spaces (a 17 space deficiency compared to the existing 15 space deficiency).
Although by code the proposed personal training gym would increase the parking
requirement of this property, in practice the limitation on the number of patrons
permitted to train at any one time should not result in a parking demand greater than
the former retail establishment.
In addition to the on -site parking spaces, the subject property borders a 55 space City
owned parking lot. An informal parking study of this lot was conducted in July 2010 for
an unrelated application. The study was conducted for a one -week period, with
available parking spaces counted hourly on weekdays from 9:00 a.m. to 6:00 p.m.
The results of the study show that the City -owned parking lot is generally underutilized
at these times. Staff visited the parking lot and confirmed that the parking study
appears to be accurate.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, 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.
CEQA
If it is determined that no significant physical alterations to the property are necessary,
then this project is categorically exempt from 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
CUP 10 -09
24 N. First Avenue
August 10, 2010 page 3
or vicinity. It is staff's opinion that the proposed personal training gym will not
conflict with the other businesses and uses in the area.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. A gym /health club is an authorized use at
this location with an approved Conditional Use Permit per AMC Sec. 9275.1.49.1.
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. The personal training gym will not involve any changes to the
existing landscaping, parking, or exterior of the building. It is staffs opinion that
the on -site parking lot and adjacent public parking Tots are adequate in size and
shape to accommodate employee and customer parking.
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. The subject property is
accessible from First Avenue and from an alleyway, both of which are adequate in
width and pavement type for the commercial traffic that is and will be generated by
the businesses in the area, including the proposed personal training gym.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A personal training gym is a commercial use that is
consistent with the General Plan Land Use Designation for the area.
6. That the proposal qualifies as a Class 3 Categorical Exemption from the
requirements of the California Environmental Quality Act (CEQA) as a conversion
of a small commercial structure under 10,000 square feet in floor area per Section
15303 of the CEQA Guidelines. Furthermore, a personal training gym in an
existing commercial structure will not have a substantial adverse impact on the
environment, and based upon the record as a whole there is no evidence that the
proposal will have any potential for an adverse effect on wildlife resources or the
habitat upon which wildlife depends.
It is staffs opinion that the proposed personal training gym satisfies each prerequisite
condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 10 -09 subject to the following conditions:
1. There shall be a maximum of four (4) patrons training at any one time.
2. The hours of operation shall be limited to Monday Friday, 5:00 a.m. to 9:00 p.m.
and Saturday Sunday, 6:00 a.m. to 9:00 p.m.
CUP 10 -09
24 N. First Avenue
August 10, 2010 page 4
3. Conditional Use Permit No. CUP 10 -09 includes a Parking Modification to allow 4
on -site parking spaces in lieu of 21 spaces required. This Parking Modification
does not constitute an approval of a general reduction or alteration of the parking
requirements for the subject property, but rather only for the personal training gym
that is herein conditionally approved. Uses other than this personal training gym
shall be subject to a new Conditional Use Permit and /or Parking Modification.
4. The use approved by CUP 10 -09 is limited to the proposed personal training gym
and it shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 10 -09, subject to the
satisfaction of the Development Services Director or designee.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 10-
09 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the gym.
6. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, 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 10 -09 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.
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 10 -09; state the
CUP 10 -09
24 N. First Avenue
August 10, 2010 page 5
supporting findings and environmental determination, and adopt Resolution 1822
(attached) as presented or as amended by the Commission to incorporate the
Commission's decision, specific determinations and findings, and the conditions of
approval.
Denial
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 10 -09; 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 August 10 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 -.ma
C' munity Development Administrator
Attachments: Aerial Photo Vicinity Map
Photos of Subject Property
300 -foot .Radius Map
Site Plan Floor Plan
Parking Study
Preliminary Exemption Assessment
CUP 10 -09
24 N. First Avenue
August 10, 2010 page 6
24 N First Ave
Development Services Department
Engineering Division
Prepared by: R.S.Ganzalez, August 2010
24 N First Avenue
CUP 10-09
50
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WHEELER ST
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Development Services Department
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Prepared by: R.S.Gonzalez, August 2010
WHEELER ST
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24 N FirstAvenue
CUP 10 -09
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FIRST AVE
16
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CBD
WHEELER ST
65
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Development Services Department
Engineering Division
Prepared by: R.S.Gonzalez, August 2010
WHEELER ST
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24 N FirstAvenue
CUP 10 -09
CBD
FIRST AVE
SUBJECT PROPERTY FRONT
SUBJECT PROPERTY REAR
ADJACENT BUSINESSES TO THE SOUTH
ADJACENT BUILDING TO THE NORTH (VACANT)
ADJACENT PROPERTY TO THE WEST (ARCADIA MEDICAL CENTER)
ADJACENT CITY -OWNED PARKING LOT (55 SPACES)
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7/14/2010 WEDNESDAY 7/19/2010 MONDAY
WHEELER AVE: 55 TOTAL AVAILABLE SPACES
*Numbers indicate available parking spaces
9am 32 9am 38
loam 26 loam 34
l l am 28 l l am 27
12pm 19 12pm 21
1pm 15 1pm 32
2pm 20 2pm 32
3pm 16 3pm 39
4pm 37 4pm 41
5pm 33 5pm 38
6pm 33 6pm 38
7/15/2010 THURSDAY 7/20/2010 TUESDAY
9am 31 9am 40
loam 32 loam 37
l l am 26 l l am 33
12pm 16 12pm 26
1pm 23 1pm 18
2pm 27 2pm 36
3pm 31 3pm 37
4pm 32 4pm 29
5pm 32 5pm 39
6pm 36 6pm 26
7/16/2010 FRIDAY
9am 40
loam 32
llam 18
12pm 29
1pm 28
2pm 23
3pm 27
4pm 29
5pm 32
6pm 31
4. Staff Determination:
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 10 -09 for a 2,100 square -foot personal training gym with a
maximum of 4 patrons training at any one time.
2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7' /Z' topographical map identified by quadrangle name):
24 N. First Avenue (between Huntington Drive and Wheeler Avenue
3. Entity or person undertaking project: A. City of Arcadia
B. Other (Private)
(1) Name: Mr. Kevin Lee Riddle
(2) Address: 1419 Alamitas #B
Monrovia, CA 91016
(3) Phone: (626) 487 -6010
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. 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: July 15, 2010 Staff: Tim Schwehr, Assistant Planner
RESOLUTION NO. 1822
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO: CUP
10 -09 TO OPERATE A 2,100 SQUARE -FOOT PERSONAL TRAINING GYM
WITH A MAXIMUM OF 4 (FOUR) PATRONS TRAINING AT ANY ONE TIME AT
24 N. FIRST AVENUE.
WHEREAS, on June 10, 2010, an application was filed by Mr. Kevin Lee Riddle for a
2,100 square -foot personal training gym with a maximum of 4 patrons training at any one time
within a one -story, commercial retail building; Development Services Department Case No.
CUP 10 -09, at 24 N. First Avenue;
WHEREAS, a public hearing was held by the Planning Commission on August 10, 2010,
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 August 10, 2010 are 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 proposed personal training gym will not conflict with the other businesses and uses
in the area.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized by Section 9275.1.49.1 of the Arcadia Municipal Code.
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. The personal training
gym will not involve any changes to the existing landscaping, parking, or exterior of the building.
The on -site parking lot and adjacent public parking Tots are adequate in size and shape to
accommodate employee and student parking.
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. The subject property is accessible from
Huntington Drive and from a rear alleyway, both of which are adequate in width and pavement
type for the commercial traffic that is and will be generated by the businesses in the area,
including the personal training gym that is approved by Conditional Use Permit No. CUP 10 -09.
5. That the granting of Conditional Use Permit No. CUP 10 -09 will not adversely affect
the comprehensive General Plan because a personal training gym is consistent with the
General Plan Land Use Designation for the subject area.
6. That the conversion of a commercial space to a tutoring center qualifies as a Class
3 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of
a small commercial structure per Section 15303(c) of the CEQA Guidelines. Furthermore, the
use applied for will not have a substantial adverse impact on the environment, and 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 wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 10 -09, for a 2,100 square -foot personal training gym with a maximum of 4
patrons training at any one time within an existing commercial building at 24 N. First Avenue,
subject to the following conditions:
1. There shall be a maximum of four (4) patrons training at any one time.
2. The hours of operation shall be limited to Monday Friday, 5:00 a.m. to 9:00
p.m. and Saturday Sunday, 6:00 a.m. to 9:00 p.m.
3. Conditional Use Permit No. CUP 10 -09 includes a Parking Modification to allow 4
on -site parking spaces in lieu of 21 spaces required. This Parking Modification does not
constitute an approval of a general reduction or alteration of the parking requirements for the
2 1822
subject property, but rather only for the personal training gym that is herein conditionally
approved. Uses other than this personal training gym shall be subject to a new Conditional
Use Permit and /or Parking Modification.
4. The use approved by CUP 10 -09 is limited to the proposed personal training gym
and it shall be operated and maintained in a manner that is consistent with the proposal and
plans submitted and approved for CUP 10 -09, subject to the satisfaction of the Development
Services Director or designee.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 10-
09 shall be grounds for immediate suspension or revocation of any approvals, which could
result in the closing of the gym.
6. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, 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
3 1822
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 10 -09 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.
ATTEST:
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of 2010.
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
4 1822
August 10, 2010
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
STAFF REPORT
Development Services Department
SUBJECT: Conditional Use Permit Application No. CUP 10 -10 to operate a tutoring
center with up to 55 students in an existing 1,682 square -foot retail
space at 50 W. Las Tunas Drive.
SUMMARY
Dr. James Su, representative of Arcadia Education Center, submitted Conditional Use
Permit Application No. CUP 10 -10 to operate a tutoring center with up to 55 students
in a 1,682 square -foot retail space at 50 W. Las Tunas Drive. It is staffs opinion that
based on the proposed schedule for this tutoring center, and adequate on -site
parking, the site can accommodate 55 students without significantly impacting the
neighboring properties. The Development Services Department is recommending
approval of the proposed tutoring center, subject to the conditions listed in this staff
report.
GENERAL INFORMATION
APPLICANT: Dr. James Su of Arcadia Education Center
LOCATION: 50 West Las Tunas Drive
REQUEST: A Conditional Use Permit to operate a tutoring center with up to 55
students in an existing 1,682 square -foot retail space within a
commercial center. The students will be under 16 years of age and
the hours of operation will be 3:45 p.m. to 6:30 p.m., Monday through
Friday, and administrative office hours of 9:00 a.m. to 7:00 p.m.,
seven days a week. No classes will be held on Saturday or Sunday.
SITE AREA: 28,890 square feet (0.66 of an acre)
FRONTAGES: 342.83 feet on Las Tunas Drive
334.69 feet on Live Oak Avenue
EXISTING LAND USE ZONING:
The site is developed with a 28,890 square -foot commercial center
and is zoned C -M, Commercial- Manufacturing.
SURROUNDING LAND USES ZONING:
North: Dental Office zoned C -2
South: Warehouse Building zoned C -M
East: Las Tunas Drive and Live Oak Avenue intersection
West: Burger King zoned C -M
GENERAL PLAN DESIGNATION:
Commercial
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 10 -10 were
mailed on July 29, 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
On August 28, 2001, the Planning Commission approved Conditional Use Permit No.
CUP 01 -020 (Resolution No. 1650 attached) for a tutoring center at 54 -70 W. Las
Tunas Drive, which is adjacent to the subject unit in the same shopping center. The
approval was for a maximum of 170 students. This tutoring center (dba: Little Harvard
Academy) is still in operation. Last year, this business was notified by Arcadia Code
Services for using the rear parking lot facing Live Oak Avenue as an outdoor
playground and eating area, and class hours that extended beyond what was
permitted. The violations were promptly corrected before any citation was issued and
no other issues have been observed at this tutoring center.
PROPOSAL AND ANALYSIS
The proposal is to operate an after school tutoring program with a maximum of 2
instructors /staff and 55 students at any one time in an existing 1,682 square -foot retail
space, as shown on the attached site plan. The students will be from local middle
schools and will not be of driving age. The proposed class hours are 3:45 p.m. to 6:30
CUP 10 -10
50 W. Las Tunas Drive
August 10, 2010 page 2
p.m., Monday through Friday, and administrative office hours of 9:00 a.m. to 7:00
p.m., seven days a week. No classes will be held on Saturday or Sunday. A tutoring
center is a permitted use in the C -M zone with an approved conditional use permit.
Parking and Traffic
The property has a total of 58 on -site parking spaces that are shared with the other
uses in the commercial center, which consists of a florist, donut shop, restaurant,
medical office, and an existing tutoring center. Based on the existing uses, the parking
requirement is 80 spaces for a parking deficiency of 22 spaces. With the proposed
tutoring center, the combined parking requirement of this property is 87 spaces, for an
increase in the deficiency by 7 spaces. The proposed tutoring center by itself would
require 13 on -site parking spaces based on the Code requirement of 1 space per 5
students and 1 space per staff member. The parking requirement for the existing
remaining uses would be 74 spaces see the parking table below for the parking
requirement calculations. With the proposed tutoring center, there would be a parking
deficiency of 29 spaces.
Building Use
Florist (506 sq.ft.)
Donut Shop (506 sq.ft.)
Restaurant (1,682 sq.ft.)
Medical (1,235 sq.ft.)
Little Harvard Academy
Proposed Tutoring Center
Parking Requirement Calculation
Parking Requirement
5 spaces per 1,000 sq. ft.
5 spaces per 1,000 sq. ft.
10 spaces per 1,000 sq. ft.
6 spaces per 1,000 sq.ft.
1 space per instructor 1 per 5 students
1 space per instructor 1 per 5 students
No. of Spaces Required
2.5 spaces
2.5 spaces
16.8 spaces
7.4 spaces
45 spaces
13 spaces
Total: 87 spaces
For the drop -off of students, a bus will be provided to pick up students from the middle
schools and bring them to the subject site. The bus is to be shared with the adjacent
Little Harvard Academy, which tutors students from local elementary schools. The
bus will pick up the elementary school students at 2:30 p.m., drop them off at the
subject site for Little Harvard Academy, then pick up the middle school students at
3:00 p.m. and drop them off at the subject tutoring center by 3:45 p.m.
The students will attend two classes at the subject tutoring center. The first one from
3:45 p.m. to 5:00 p.m. and the second from 5:10 p.m. to 6:30 p.m. Parents will pick-
up the students after 6:30 p.m., which will be after the 6:00 p.m. pick -up time for Little
Harvard Academy. Students are required to stay inside the building and their parents
are required to go into the tutoring center to sign them out. The applicant identified
four areas where parents can park their cars. There are three on -site parking areas
and on- street parking along Live Oak Avenue, as shown on the attached site plan.
Since most of the businesses in the subject commercial center are closed by 6:30
p.m., there will be adequate parking available for the subject tutoring center.
CUP 10 -10
50 W. Las Tunas Drive
August 10, 2010 page 3
The applicant submitted a one -week parking survey from June 13, 2010 to June 19,
2010. Parking was counted at hourly intervals from 9:00 a.m. to 8:00 p.m. and the
survey shows the number of cars parked at the subject site. This survey indicates that
the existing parking lot is underutilized. At its peak at 9:00 a.m. on Monday, June 14,
2010, only 23 of the 58 parking spaces were occupied. Staff's observations of the
subject site confirm the survey results.
The subject proposal was reviewed by Building Services, Engineering Services, the
Fire Prevention Bureau, and the Police Department. The Fire Department will require
the installation of a fire alarm system, the elimination of any key operated interior
locking devices, and the installation of illuminated exit signage and emergency
lighting. The Police Department recommends that the rear door remain locked from
the outside at all times to prevent unauthorized persons from covertly entering the
business. Building Services and Engineering Services had no comments or concerns
in regards to this proposal.
It is staff's opinion that because the schedule for the proposed tutoring center will not
conflict with the schedule for Little Harvard Academy, and because most of the other
existing businesses are closed when parents will be picking up the students, the
subject site can accommodate the traffic, parking demand, and pick -up /drop -off
requirements of the proposed tutoring center.
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.
CEQA
This project is categorically exempt from further environmental review pursuant to the
provisions of the California Environmental Quality Act (CEQA) under Sections 15301
and 15322 of the CEQA Guidelines as a Class 1 minor alteration of an existing facility
and a Class 22 educational or training program involving no physical changes. 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
CUP 10 -10
50 W. Las Tunas Drive
August 10, 2010 page 4
or vicinity. The proposed use is consistent with the existing zoning and General
Plan Land Use Designation of the subject property and will not conflict with the
existing uses at the subject site.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Arcadia Municipal Code Section No.
9275.1.56 authorizes a tutoring center with an approved Conditional Use Permit in
the CBD, CPD -1, C -1 or any less restrictive commercial zone.
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. Based on the proposed schedule, and the hours of operation of the
other existing businesses at this site, this proposal should not overburden the
subject site.
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. The subject site is
bordered by two major arterials designed to accommodate high volumes of traffic.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A tutoring center is a commercial use that is
consistent with the Land Use Designation of the site.
6. That the proposal for a tutoring center at an existing commercial center is
Categorically Exempt from the requirements of the California Environmental
Quality Act (CEQA) as a Class 1 minor alteration of an existing facility per Section
15301 and /or as a Class 22 educational or training program involving no physical
changes of the CEQA Guidelines. Furthermore, a tutoring center will not have a
substantial adverse impact on the environment, and based upon the record as a
whole there is no evidence that the tutoring center at the existing commercial
center will have any potential for an adverse effect on wildlife resources or the
habitat upon which wildlife depends.
It is staff's opinion that the proposed tutoring center satisfies each prerequisite
condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 10 -10 subject to the following conditions:
1. There shall not be more than fifty -five (55) students and two (2) faculty and staff
members on weekdays. No classes are allowed on Saturday and Sunday.
CUP 10 -10
50 W. Las Tunas Drive
August 10, 2010 page 5
2. Class hours shall be limited to 3:45 p.m. to 6:30 p.m., Monday through Friday, and
administrative office hours to 9:00 a.m. to 7:00 p.m., seven days a week.
3. A fire alarm system shall be installed for the subject unit to the satisfaction of the
Arcadia Fire Marshal.
4. Key operated interior locking devices shall not be used.
5. Illuminated exit signage and emergency lighting shall be provided to the
satisfaction of the Arcadia Fire Marshal.
6. The rear door facing Live Oak Avenue shall remain locked from the outside at all
times.
7. The use approved by CUP 10 -10 is limited to the proposed 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 10 -10, subject to the satisfaction of the
Development Services Director or designee.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 10-
10 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
9. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, 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.
10. 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.
11. Approval of CUP 10 -10 shall not take effect until the property owner(s), applicant,
and business owner(s) /operator(s) have executed and filed the Acceptance Form
CUP 10 -10
50 W. Las Tunas Drive
August 10, 2010 page 6
Denial
available from the Development Services Department to acknowledge 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 10 -10; state the
supporting findings and environmental determination, and adopt Resolution 1823
(attached) as presented or as amended by the Commission to incorporate the
Commission's decision, specific determinations and findings, and the conditions of
approval.
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 10 -10; 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 August 10 public hearing, please contact
Associate Planner, Thomas Li by calling (626) 574 -5447, or by email at
tli @ci.arcadia.ca.us.
Approved by:
a a
munity Development Administrator
Attachments: Aerial Photo Vicinity Map
Photos of Subject Property
300 -foot Radius Map
Resolution No. 1650 for CUP 01 -020
Site Plan Floor Plan
Operational Plans
Parking Survey
Preliminary Exemption Assessment
Resolution No. 1823
CUP 10 -10
50 W. Las Tunas Drive
August 10, 2010 page 7
100
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50 W Las Tunas Dr
Arcadia
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Development Services Department
Engineering Division
Prepared by: R. S. Gonzalez, August 2010
50 W Las Tunas Drive
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50 W Las Tunas Drive
CUP 10-10
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Front View (1) of 50 W. Las Tunas Drive, Arcadia
Front View (2) of 50 W. Las Tunas Drive, Arcadia
Parking Lot Drive Way (1) View
Drive Way (2) and Street View (Las Tunas Drive)
and
RESOLUTION 1650
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE
PERMIT NO. CUP 01 -020 TO OPERATE A TUTORIAL CENTER,
LOCATED AT 54 -70 W. LAS TUNAS DRIVE
WHEREAS, on July 16, 2001, a Conditional Use Permit application was filed by
Grace Tan to expand and operate an existing tutorial center, Development Services
Department Case No. C.U.P. 01 -020 at property commonly known As 54-70 W. Las
Tunas Drive, and more particularly described as Lot 69 of the Santa Anita Colony Tract;
WHEREAS, A public hearing was held on August 28, 2001, 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 HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in, the attached report 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.
2. That the use applied for at the location indicated is a proper use for which a
Conditional Use Permit is authorized.
3. That the site abuts streets and highways adequate in width and pavement type
to carry the kind of traffic generated by the proposed use.
4. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
5. 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.
1. There shall be no parking or stopping along the driveway aisle for picking-
up /or dropping off of students.
2. The total maximum number of students including existing facility at any one
time shall not exceed one hundred seventy (170).
3. All City code requirements regarding accessibility, fire protection, occupancy,
and safety shall be complied with to the satisfaction of Building Services and the Fire
Department.
4. Approval of CUP 01 -020 shall not take effect until the property owner and
applicant have executed and filed the Acceptance Forrn available from the Development
Services Department to indicate acceptance of the conditions of approval.
5. All conditions of approval shall be complied with prior to the expansion of the
tutorial center. Noncompliance with the plans, provisions and conditions of CUP 01 -020
shall be grounds for immediate suspension or revocation of any approvals for the tutorial
center.
SECTION 4. The Secretary shall certify to the adoption of this Resolution and
shall cause a copy•to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular
meeting of the Planning Commission held on August 28, 2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner Baderian, Huang, Murphy, Olson, Kalemkiarian
Chairm Planning Commission
City of Arcadia
ecretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
e. la-c,vtlii
Stephen P. Deitsch, City Attorney
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AIN 5788 021 016
Lot 69 Santa Anita Colony
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Applicant: Dr. James Su
626-429-8688
Owner: RDW Enterprises, Inc.
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Re: Proposed Tutorial Center on 50 W. Las Tunas Dr.
1. Class Schedule
2. Drop -off Time
There shall be very light traffic and parking space usage generated during drop -off time
(3:45PM) by our tutorial center because most students will ride chartered yellow bus
directly to the tutorial center from their regular school. Due to the high cost for
transportation using yellow school bus, we will share the cost for the chartered yellow
bus with Little Harvard Academy (which has a different drop -off schedule than ours.)
The yellow bus goes to pick up Little Harvard Academy's students (from elementary
schools) at 2:30PM and drops them off at the back entrance of Little Harvard Academy
by 3:OOPM. Then the yellow school bus goes to Dana Middle School (students get off at
3:OOPM) and First Avenue Middle School (students get off at 3:10PM) to pick up
students and transport them to our tutorial center around 3:40PM. Students will be
dropped off at our back entrance on Live Oak Avenue. Elementary schools and middle
schools have a different schedule so the students would never be dropped -off at the same
time.
3. Pick -up Time
Students are held inside the building until their parents pick them up when class ends at
6:30PM. By this time, all businesses on the lot are already closed.
1. Medical Office: most of their businesses are in the morning.
2. Restaurant: serves breakfast and lunch (not dinner); after 2:30PM, business is
very light.
3. Donut Shop: closes at 2:OOPM
4. Flower Shop: closes at 6:OOPM (business is very light)
5. Little Harvard Academy: classes end at 6PM, and students are all picked up by
6:15PM, while our students will be picked -up after their class ends at 6:30PM.
4. Pick -up Flow Map
As shown by the map, there are,four different places to park the vehicle that are within
proximity to our tutorial center. In addition to having both Las Tunas Drive and Live
Oak Avenue to share the traffic load, the lot also has three separate drive ways to ease
traffic. (See Map)
5. Based on our parking survey, there are always plenty of parking spaces available all day
long for this business lot. We'd also like to point out that middle school students do not
drive, but only get dropped -off or picked -up. From the traffic flow and parking map, as
well as knowing that traffic and parking hours do not overlap between Little
Harvard Academy and the proposed tutorial center, it can be seen that traffic will not
be an issue and there will be more than enough parking for all businesses.
Monday
Tuesday
Wednesday
Thursday
Writing
Workshop
Friday
CST Test
3:45 5:00
Critical
Reading
Writing
Conventions
Critical
Reading
5:10 6:30
Algebra
Geometry
Essay
Writing
Algebra
Geometry
Creative
Writing
CST Test
Review
Re: Proposed Tutorial Center on 50 W. Las Tunas Dr.
1. Class Schedule
2. Drop -off Time
There shall be very light traffic and parking space usage generated during drop -off time
(3:45PM) by our tutorial center because most students will ride chartered yellow bus
directly to the tutorial center from their regular school. Due to the high cost for
transportation using yellow school bus, we will share the cost for the chartered yellow
bus with Little Harvard Academy (which has a different drop -off schedule than ours.)
The yellow bus goes to pick up Little Harvard Academy's students (from elementary
schools) at 2:30PM and drops them off at the back entrance of Little Harvard Academy
by 3:OOPM. Then the yellow school bus goes to Dana Middle School (students get off at
3:OOPM) and First Avenue Middle School (students get off at 3:10PM) to pick up
students and transport them to our tutorial center around 3:40PM. Students will be
dropped off at our back entrance on Live Oak Avenue. Elementary schools and middle
schools have a different schedule so the students would never be dropped -off at the same
time.
3. Pick -up Time
Students are held inside the building until their parents pick them up when class ends at
6:30PM. By this time, all businesses on the lot are already closed.
1. Medical Office: most of their businesses are in the morning.
2. Restaurant: serves breakfast and lunch (not dinner); after 2:30PM, business is
very light.
3. Donut Shop: closes at 2:OOPM
4. Flower Shop: closes at 6:OOPM (business is very light)
5. Little Harvard Academy: classes end at 6PM, and students are all picked up by
6:15PM, while our students will be picked -up after their class ends at 6:30PM.
4. Pick -up Flow Map
As shown by the map, there are,four different places to park the vehicle that are within
proximity to our tutorial center. In addition to having both Las Tunas Drive and Live
Oak Avenue to share the traffic load, the lot also has three separate drive ways to ease
traffic. (See Map)
5. Based on our parking survey, there are always plenty of parking spaces available all day
long for this business lot. We'd also like to point out that middle school students do not
drive, but only get dropped -off or picked -up. From the traffic flow and parking map, as
well as knowing that traffic and parking hours do not overlap between Little
Harvard Academy and the proposed tutorial center, it can be seen that traffic will not
be an issue and there will be more than enough parking for all businesses.
Restaurant z
Site Plan 50 West Las Tunas Drive, Arcadia
AIN 5788 021 016
Lot 69 Santa Anita Colony
Applicant: Dr. James Su
626- 429 -8688
Owner: RDW Enterprises, Inc.
9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM
6/13/2010 Sun 16 17 13 15 12 11 10 7 5 4 2 1
6/14/2010 Mon 23 22 21 18 16 14 15 17 20 15 6 2
6/15/2010 Tue 20 21 20 17 15 15 14 16 21 14 6 2
6/16/2010 Wed 21 21 19 18 16 15 14 16 18 13 6 3
6/17/2010 Thu 22 20 19 17 16 14 13 15 19 15 5 2
6/18/2010 Fri 21 19 18 17 18 17 13 16 19 13 5 2
6/19/2010 Sat 18 17 15 16 13 12 9 6 6 5 3 1
50 W. Las Tunas Dr., Arcadia
Parking Survey
50 W. Las Tunas Dr., Arcadia
Parking Survey
1.
Name or description of project:
CUP 10 -10 to operate a tutoring center with 55 students.
2.
Project Location Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name).
50 W. Las Tunas Drive
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name Dr. James Su
(2) Address 605 Canterbury Road, San Marino, CA 91108
4.
Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with
the Lead Agency'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.
The project is an Emergency Project.
d.
The project constitutes a feasibility or planning study.
e. /1
The project is categorically exempt.
Applicable Exemption Class: 01 and 22
f.
The project is statutorily exempt.
Applicable Exemption:
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: 7 -12 -10
Preliminary Exemption Assessment\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Staff: Thomas Li, Associate Planner
FORM "A"
RESOLUTION NO. 1823
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. CUP 10 -10 TO OPERATE A TUTORING
CENTER WITH 55 STUDENTS IN AN EXISTING 1,682
SQUARE -FOOT RETAIL SPACE AT 50 W. LAS TUNAS DRIVE.
WHEREAS, on June 22, 2010, an application was filed by Dr. James Su of
Arcadia Education Center to operate a tutoring center with 55 students at 50 W. Las
Tunas Drive, Development Services Department Case No. CUP 10 -10; and
WHEREAS, a public hearing was held by the Planning Commission on August
10, 2010, 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 August 10, 2010 are 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. The proposed use is consistent with the existing zoning and General Plan Land
Use Designation of the subject property and will not conflict with the existing uses at the
subject site.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Arcadia Municipal Code Section No. 9275.1.56
authorizes a tutoring center with an approved Conditional Use Permit in the CBD, CPD-
1, C -1 or any less restrictive commercial zone.
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. Based on the proposed schedule, and the hours of operation of the
other existing businesses at this site, this proposal should not overburden the subject
site.
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. The subject site is
bordered by two major arterials designed to accommodate high volumes of traffic.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A tutoring center is a commercial use that is consistent
with the Land Use Designation of the site.
6. That the proposal for a tutoring center at an existing commercial center is
Categorically Exempt from the requirements of the California Environmental Quality Act
(CEQA) as a Class 1 minor alteration of an existing facility per Section 15301 and /or as
a Class 22 educational or training program involving no physical changes of the CEQA
Guidelines. Furthermore, a tutoring center will not have a substantial adverse impact
on the environment, and based upon the record as a whole there is no evidence that
the tutoring center at the existing commercial center will have any potential for an
adverse effect on wildlife resources or the habitat upon which wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 10 -10 for a tutoring center, subject to the following
conditions:
1. There shall not be more than fifty -five (55) students and two (2) faculty and
staff members on weekdays. No classes are allowed on Saturday and Sunday.
-2- 1823
2. Class hours shall be limited to 3:45 p.m. to 6:30 p.m., Monday through
Friday, and administrative office hours to 9:00 a.m. to 7:00 p.m., seven days a week.
3. A fire alarm system shall be installed for the subject unit to the satisfaction of
the Arcadia Fire Marshal.
4. Key operated interior locking devices shall not be used.
5. Illuminated exit signage and emergency lighting shall be provided to the
satisfaction of the Arcadia Fire Marshal.
6. The rear door facing Live Oak Avenue shall remain locked from the outside
at all times.
7. The use approved by CUP 10 -10 is limited to the proposed 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 10 -10, subject to the satisfaction of the
Development Services Director or designee.
8. Noncompliance with the plans, provisions and conditions of approval for
CUP 10 -10 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tutoring center.
9. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, 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.
10. 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
-3- 1823
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.
11. Approval of CUP 10 -10 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 acknowledge awareness
and acceptance of these conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of 2010.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
-4- 1823
August 10, 2010
TO:
FROM:
SUBJECT:
SUMMARY
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
Conditional Use Permit Application No. CUP 10 -11 to amend CUP 05 -12
(Resolution 1736) for the sale of beer and wine in a drug store (dba:
Walgreens) at 253 East Foothill Boulevard.
Mr. Robert M. Silverman, representative of Walgreen Co., submitted Conditional Use
Permit Application No. CUP 10 -11 to allow the sale of beer and wine for off -site
consumption in a 12,610 square -foot drug store (dba: Walgreens) at 253 E. Foothill
Boulevard. It is staff's opinion that the incidental sale of beer and wine at the drug store
would not significantly impact the neighboring properties. Therefore, the Development
Services Department is recommending approval of the proposed sale of beer and wine
in the drug store, subject to the conditions listed in this staff report.
GENERAL INFORMATION
APPLICANT: Robert M. Silverman of Walgreen Co.
LOCATION: 253 E. Foothill Boulevard
SITE AREA: 55,847 square feet (1.28 acres)
FRONTAGE: 200 feet along Foothill Boulevard
Development Services Department
REQUEST: A Conditional Use Permit to amend CUP 05 -12 (Resolution No. 1736)
to allow the sale of beer and wine for off -site consumption in a 12,610
square -foot drug store.
EXISTING LAND USE ZONING:
The site is developed with a 12,610 square -foot drug store constructed
in 2006. The northerly (rear) 95 feet of the site is zoned PR -1 for single
family residential at a density of one unit per 7,500 square feet of lot
area and /or parking of transient automobiles for an adjacent or nearby
commercial use. The southerly 184.5 feet of 253 E. Foothill Boulevard
is zoned C -2, General Commercial.
SURROUNDING LAND USES ZONING:
North: Single- family residences: zoned R -1
South: Commercial offices: zoned C -2
East: Commercial offices: zoned C -2
West: Ralph's supermarket: zoned C -2
GENERAL PLAN DESIGNATION:
The General Plan Land Use Designation is Commercial, which is
consistent with the C -2 zoning of the southerly portion of the site.
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 10 -11 were mailed
on July 29, 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
On October 11, 2005, the Planning Commission approved Conditional Use Permit No.
CUP 05 -12 under Resolution No. 1736 (attached) for a 12,610 square -foot drug store at
253 E. Foothill Boulevard. The Conditional Use Permit was required because of the
drive -thru facility for the drug store, which would be otherwise permitted by right. The
store hours are limited to 7:00 a.m. to 11:00 p.m., seven days a week, with the drive -thru
window closing at 10:00 p.m. on Monday through Friday and at 8:00 p.m. on Saturday
and Sunday. The sale of beer and wine was not proposed at the time. The drugstore
was constructed in 2006 and has been in operation since then.
PROPOSAL AND ANALYSIS
The proposal is for the incidental sale of beer and wine in a 12,610 square -foot drug
store (dba: Walgreens). A Conditional Use Permit is required for the sale of alcoholic
beverages for off-site consumption within 150 feet of residentially -zoned properties.
This application is necessary because the northerly (rear) 95 -foot portion of the subject
site is zoned single family residential with a commercial parking overlay, and there are
R -1 zoned, single family residences immediately north of the site.
CUP 10 -11
253 E. Foothill Blvd.
August 10, 2010 page 2
The purpose of a Conditional Use Permit requirement for this type of use is to ensure a
buffer between places selling alcoholic beverages and residential uses, to place limits if
necessary on the operations of places that sell alcoholic beverages near residences,
and to ensure that nearby residents are aware of such a proposal. In this case, although
the subject site is adjacent to single family homes, they are to the rear of the site and
are separated by a property line wall without direct access between the properties, and
the proposal is limited to the incidental sale of beer and wine. Liquor or hard alcoholic
beverages are not included. Additionally, this location would not be the first in the area
to have alcoholic beverages for sale. The Ralph's Supermarket that is next door to the
west of the subject site has been selling alcoholic beverages for off-site consumption for
many years.
Lieutenant Bob Anderson of the Arcadia Police Department reviewed this proposal and
did not have any particular concerns, but did suggest that the display of the beer and
wine be located in an area of the store that is near where employees are regularly
stationed to help deter theft. Staff recommends that the applicant consult with the
Arcadia Police Department about the location of the beer and wine displays, and in
regard to any other security enhancements. Additionally, the display area(s) for the sale
of beer and wine is to be limited in size to areas that are consistent with the two
locations shown on the attached floor plan.
CODE REQUIREMENTS
The existing drug store complied with all City requirements when it was built in 2006 and
no upgrades are necessary as a result of this application.
CEQA
The proposed project is categorically exempt from further environmental review pursuant
to the provisions of the California Environmental Quality Act (CEQA) Section 15305
(Class 5) of the CEQA Guidelines as a minor alteration in land use limitations. 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.
The proposal is for the permission to sell beer and wine in an existing drug store and
will not change the use of the property.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Arcadia Municipal Code Section 9275.1.53.6.
requires a Conditional Use Permit for the sale of alcoholic beverages for off -site
consumption within 150 feet of residentially -zoned properties. Otherwise, the sale of
CUP 10 -11
253 E. Foothill Blvd.
August 10, 2010 page 3
alcoholic beverages for off -site consumption is not regulated by the Arcadia
Municipal Code.
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. The proposal is to permit the sale of beer and wine for off -site
consumption in an existing drug store and if limited to an incidental basis will not
significantly alter the existing use.
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. The subject site is located on
a major arterial that currently accommodates the traffic generated by the subject use
and the surrounding uses. The addition of limited sales of beer and wine to the
existing use will not generate an increase in traffic.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposal is for a minor alteration of an existing
retail use that is consistent with the Commercial Land Use Designation of the subject
property.
6. That the proposal to add the sale of beer and wine in an existing drug store qualifies
as a Class 5 Categorical Exemption from the requirements of the California
Environmental Quality Act (CEQA) as a minor alteration in land use limitations per
Section 15305 of the CEQA Guidelines. Furthermore, the addition of the sale of beer
and wine will not have a substantial adverse impact on the environment, and based
upon the record as a whole there is no evidence that the sale of beer and wine will
have any potential for an adverse effect on wildlife resources or the habitat upon
which wildlife depends.
It is staffs opinion that the proposal satisfies each prerequisite condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 10 -11 subject to the following conditions:
1. The location of the display of the beer and wine shall be subject to the review and
approval of the Arcadia Police Department and any additional security measures
required by the Arcadia Police Department shall be provided by and at the expense
of the drug store owner and /or operator.
2. The use approved by CUP 10 -11 is limited to the addition of the incidental sale of
beer and wine for off -site consumption in the existing drug store and it shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 10 -11 and CUP 05 -12, subject to the satisfaction of
the Development Services Director or designee.
CUP 10 -11
253 E. Foothill Blvd.
August 10, 2010 page 4
3. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -11
and CUP 05 -12 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the drug store.
4. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, parking and site design, and water supply and
irrigation systems shall be complied with to the satisfaction of the Building Official,
City Engineer, Community Development Administrator, Fire Marshal, and Public
Works Services Director.
5. 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.
6. Approval of CUP 10 -11 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 acknowledge 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 10 -11; state the
supporting findings and environmental determination, and adopt Resolution 1824
(attached) as presented or as amended by the Commission to incorporate the
Commission's decision, specific determinations and findings, and the conditions of
approval.
Denial
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 10 -11; 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 10 -11
253 E. Foothill Blvd.
August 10, 2010 page 5
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the August 10 public hearing, please contact Associate
Planner, Thomas Li by calling (626) 574 -5447, or by email at tli @ci.arcadia.ca.us.
Approved by:
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munity Development Administrator
Attachments: Aerial Photo Vicinity Map
300 -foot Radius Map
Resolution 1736 for CUP 05 -12
Site Plan Floor Plan
Resolution 1824
Preliminary Exemption Assessment
CUP 10 -11
253 E. Foothill Blvd.
August 10, 2010 page 6
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RESOLUTION NO. 1736
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ARCADIA, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO.
2005 -12 AND ARCHITECTURAL DESIGN REVIEW
NO. 2005 -07 FOR A WALGREENS PHARMACY
AND DRUG STORE AT 245 -253 E. FOOTHILL. BLVD
WHEREAS, on May 19, 2005, a conditional use permit
application was filed by Rich Development Company, developer, to
construct and operate a Walgreens Pharmacy and Drug Store (Development
Services Department Case No. CUP 2005 -12 and ADR 2005 -07) at property
ID commonly known as 245 -253 E. Foothill Blvd.; and
WHEREAS, a public hearing was held by the Planning Commission
on October 11, 2005 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 attached report is true and correct.
SECTION 2. This Commission, finds:
I. That the granting of such Conditional Use Permit will not be
detrimental to the public health or welfare, or injurious to the property or.
2
improvements in such zone or vicinity because the initial study did not
disclose any substantial adverse effects to the area affected by the proposed
project.
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
ID 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.
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:
1736
3
SECTION 3. That for the foregoing reasons this Commission
grants Conditional Use Permit No. CUP 2005 -12, for a pharmacy and drug
store at 245 -253 E. Foothill Blvd., upon the following conditions:
1. There shall be no sale of alcoholic beverages permitted.
2. The operating hours of the store shall be limited to 7:00 a.m. to
11:00 p.m, seven days a week.
3. The hours of the drive -thru pharmacy shall be limited to 7:00 a.m.
to 10:00 p.m., Monday through Friday, and 8:00 a.m. to 8:00 p.m., Saturday
and Sunday.
4. A final landscape plan shall be submitted for the plan check
process, subject to the approval of the Community Development
Administrator.
5. That all lights shall comply with City standards, including
shielding and height requirements.
6. The parking spaces shall be double striped per City standards.
7. The use approved by CUP 2005 -12 is limited to the drug store and
pharmacy. The drug store and pharmacy shall be operated and maintained
in a manner that is consistent with the proposal and plans submitted and
approved for CUP 2005 -12.
1736
8. A separate sign design review application shall be submitted for
all new signs on the premises.
9. All conditions of approval shall be complied with prior to opening
the drug store and pharmacy. Noncompliance with the plans, provisions
and conditions of approval for CUP 2005 -12 shall be grounds for immediate
suspension or revocation of any approvals, which could result in the closing
of the drug store and pharmacy.
10.A11 City code requirements regarding accessibility, fire protection,
occupancy, and safety shall be complied with to the satisfaction of Building
Services and the Fire Department.
11.Approval of CUP 2005 -12 shall not take effect until the property
owner(s), and applicants have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
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
4
1736
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.
SECTION 4. The decision, findings and conditions contained in
this Resolution reflect the Commission's action of October 11,, 2005, by the
following votes:
0
AYES: Commissioners Baderian, Hsu, Lucas, Olson, Wen
NOES: None
SECTION.5. The Secretary shall certify to the adoption of this
Resolution and shall cause a copy to be forwarded to the City Council of the
City of Arcadia.
I HEREBY CERTIFY that the forgoing Resolution was adopted at a
regular meeting of the Planning Commission held on the October 25, 2005,
by the following votes:
AYES: Commissioners Baderian, Hsu, Lucas, Olson, Wen
NOES: None
5
1736
m
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
6
Chairman, Planning Commission
City of Arcadia
1736
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RESOLUTION NO. 1824
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. CUP 10 -11 TO AMEND CONDITIONAL USE
PERMIT NO. CUP 05 -12 (RESOLUTION NO. 1736) TO ALLOW
THE SALE OF BEER AND WINE FOR OFF -SITE
CONSUMPTION IN AN EXISTING 12,610 SQ.FT. DRUG STORE
(DBA: WALGREENS) AT 253 E. FOOTHILL BLVD.
WHEREAS, on July 7, 2010, an application was filed by Mr. Robert M. Silverman
of Walgreen Co. (dba: Walgreens) to amend the previously approved Conditional Use
Permit No. CUP 05 -12 for the existing drug store at 253 E. Foothill Blvd., Development
Services Department Case No. CUP 10 -11; and
WHEREAS, a public hearing was held by the Planning Commission on August
10, 2010, 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 August 10, 2010 are 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 proposal is for the permission to sell beer and wine in an existing
drug store and will not change the use of the property.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized as outlined under Arcadia Municipal Code Section
9275.1.53.6.
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. The proposal is to permit the sale of beer and wine in an existing
drug store and will not expand the existing use beyond the size and shape of the site
can accommodate.
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. The subject site is
located on an arterial that will accommodate any increase in traffic as a result of the
addition of the sale of the beer and wine.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposal is part of a retail use that is consistent with
the Commercial Land Use Designation in the General Plan for the subject property.
6. That the proposal to add the sale of beer and wine in an existing drug store
qualifies as a Class 5 Categorical Exemption from the requirements of the California
Environmental Quality Act (CEQA) as a minor alteration in land use limitations per
Section 15305 of the CEQA Guidelines. Furthermore, the addition of the sale of beer
and wine in an existing drug store will not have a substantial adverse impact on the
environment, and based upon the record as a whole there is no evidence that the sale
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of beer and wine in an existing drug store will have any potential for an adverse effect
on wildlife resources or the habitat upon which wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 10 -11 for the sale of beer and wine at the existing
drug store at 253 E. Foothill Blvd., subject to the following conditions:
1. The location of the display of alcohol shall be subject to the review and
approval of the Arcadia Police Department and any additional security measures de.
2. The use approved by CUP 10 -11 is limited to the addition of the sale of beer
and wine in the existing drug store and it shall be operated and maintained in a manner
that is consistent with the proposal and plans submitted and approved for CUP 10 -11
and CUP 05 -12, subject to the satisfaction of the Development Services Director or
designee.
3. Noncompliance with the plans, provisions and conditions of approval for
CUP 10 -11 and CUP 05 -12 shall be grounds for immediate suspension or revocation of
any approvals, which could result in the closing of the drug store.
4. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, 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.
5. 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
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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.
6. Approval of CUP 10 -11 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.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of 2010.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
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1.
Name or description of project:
CUP 10 -11 to amend CUP 05 -12 (Resolution 1736) for the sale of beer
and wine in a drug store (dba: Walgreens).
2.
Project Location Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
253 E. Foothill Blvd.
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name Robert M. Silverman
(2) Address 104 Wilmot Rd., MS 1420, Deerfield,
IL 60015
4.
Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with
the Lead Agency'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.
The project is an Emergency Project.
d.
The project constitutes a feasibility or planning study.
The project is categorically exempt.
e. A
Applicable Exemption Class: 05
f.
The project is statutorily exempt.
Applicable Exemption:
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: 7 -12 -10
Preliminary Exemption Assessment\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Staff: Thomas Li, Associate Planner
FORM "A"
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, July 27, 2010, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 27,
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
Chairman Parrille led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille
ABSENT: None
OTHERS ATTENDING
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Senior Planner, Lisa Flores
Planning Intern, Aaron Lobliner
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
There were 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
There were none.
PUBLIC HEARINGS
1. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 -05
368 Harvard Drive
Warren Cross, Representative of Western Roofing Systems on behalf of the property owner,
Mr. Pat Negarty
This is an appeal to reconsider the Rancho Santa Anita (Lower Rancho) Homeowners'
Association's Architectural Design Review Board decision to deny the use of Metro Shake II,
Shadow wood, stone- coated steel roofing material at the subject residence.
Senior Planner, Lisa Flores, presented the staff report.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this appeal.
Mr. Warren Cross, Western Roofing, representing the homeowner, asked if the
Commissioners had any questions. There were none.
Chairman Perri Ile asked if anyone wanted to speak in opposition to this appeal.
Mr. Steve Mathison, ARB Chairman, Rancho Santa Anita Homeowners Association, said
that the HOA denial of this roofing application was based on the City's Single Family
Residential Design Guidelines which state that the use of synthetic materials simulating
wood is discouraged. Mr. Mathison complimented the metal roofing projects Western
Roofing has done in the City to date but said that although the product has improved in
appearance in recent years, it still does not adequately simulate natural wood roofing
materials.
Commissioner Baderian pointed out that this is the fifth appeal of this type that has come
before the Commission during the past year and that all previous appeals were overruled in
support of the homeowner. He said he appreciated the HOA's position but, apparently,
there are a number of people in the area who want this type of roof and this material has
been used and proven satisfactory for many years. Commissioner Baderian strongly
recommended that the HOA re- evaluate their position on this particular product. He pointed
out that although the appeal process has become routine to the HOA, it is costly to the
homeowner and is not a productive use of staff time.
Mr. Mathison expressed frustration with the appeal process as well but explained that the
HOA only wanted to follow the established guidelines. He restated the Architectural Review
Board's opinion on metal roofing and their basis for this opinion.
Commissioner Baderian said that he understood the rationale behind the ARB's decision but
that there are residents who want this type of roof and that unless something changes, this
pattern of appeals overturning of denials will continue.
Mr. Mathison said he has spoken to Mr. Kasama and Mr. Kruckeberg and that his committee
will consider alternate ways to address this issue.
Chairman ParriIle asked if the applicant would like to speak in rebuttal.
Mr. Cross pointed out that the HOA has no problem granting approval to cement shake
roofing products, which synthesize wood shake, even though that particular roofing material
has proven to lack durability. He said that as a licensed roofing contractor he wants to be
sure to recommend the best, most durable product. Mr. Cross said that when the work is
done properly, it is difficult to see any difference between concrete tiles and stone coated
steel tiles. He said he feels it is unfair to say that metal roofs do not compare favorably with
wood shakes and therefore, must be denied, when other synthetic materials such as
concrete tiles are approved routinely.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the
Public Hearing. Without objection the motion was approved.
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7 -27 -10
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MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian to approve
Homeowners' Association Appeal No. 10-05.
ROLL CALL
AYES: Baderian, Baerg, Beranek, Chiao and ParriIle
NOES: None
There is a five working day appeal period after the approval /denial of the appeal. Appeals
are to be filed by 5:30 p.m. on Wednesday, August 4.
2. TENTATIVE PARCEL MAP NO. TPM 10 -03 (71335)
124 S. Second Avenue
Donald Young
The applicant is requesting approval of a Tentative Parcel Map for a two -unit residential
condominium subdivision.
Planning Intern, Aaron Lobliner, presented the staff report.
Chairman Pantie noted that the zoning for this site allows four units but the applicant is
proposing only two units and he questioned whether the City is missing an opportunity to
provide housing as required by the State.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this project.
There were none.
Chairman Parrille asked if anyone wanted to speak in opposition to this project.
There were none
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the
Public Hearing. Without objection the motion was approved.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Baerg to approve
Tentative Parcel Map No. 10-03 (71335).
ROLL CALL
AYES: Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
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7 -27 -10
Page 3
There is a ten (10) day appeal period after the approval/denial of the subdivision. Appeals
are to be filed by 4 :30 p. m. on Friday, August 6, 2010.
3. TENTATIVE TRACT MAP NO. TM 71365
728 W. Huntington Drive
Dexter Huntington, LLC
The applicant is requesting approval of a Tentative Tract Map for a five (5) unit residential
condominium subdivision.
Planning Intern, Aaron Lobliner, presented the staff report.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this project.
There were none.
Chairman Parrille asked if anyone wanted to speak in opposition to this project.
There were none
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to close the
Public Hearing. Without objection the motion was approved.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian to approve
Tentative Tract Map No. 71365.
ROLL CALL
AYES: Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
There is a ten (10) day appeal period after the approval /denial of the subdivision. Appeals
are to be filed by 4 :30 p.m. on Friday, August 6, 2010.
CONSENT ITEMS
4. MINUTES OF JULY 13, 2010
RECOMMENDATION: Approve the minutes of July 13, 2010.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to approve
the minutes of July 13, 2010 as presented.
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7 -27 -10
Page 4
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Parrille
NOES: None
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
Commissioner Baderian said that he will not be able to attend the August 10 meeting because
he will be out of town.
Commissioner Beranek said that although there are maximum development standards perhaps
there should be minimum standards too.
Ms. Flores said that revisions are being prepared as part of the General Plan Update that
provide increased density in the R -3 zone and this should help to achieve density goals. She
also said that a workshop for the Planning Commission is tentatively planned for September.
Commissioner Baderian cautioned that increased density requires increases in supporting
infrastructure and that these needs must be carefully assessed as well.
MODIFICATION COMMITTEE AGENDA
Chairman Parrille reported that three items were reviewed and approved by the Modification
Committee.
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
Mr. Kasama said there are three applications for Conditional Use Permits on the agenda for the
August 10 meeting and nothing so far for the August 24 meeting.
ADJOURNED 7:30 p.m.
ATTEST:
Secretary, Planning Commission
Chairman, Planning Commission
PC MINUTES
7 -27 -10
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