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HomeMy WebLinkAbout3-8-11PLEDGE OF ALLEGIANCE ROLL CALL ARCADIA PLANNING COMMISSION AGENDA Tuesday, March 8, 2011, 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. PLANNING COMMISSION ITEMS 1. CONDITIONAL USE PERMIT NO. CUP 11 -02 50 W. Las Tunas Drive Harvard Education Center The applicant is requesting a Conditional Use Permit amending CUP 10 -10 to extend the operating hours of an existing tutoring center to 8:30 a.m. to 5:30 p.m., Monday through Friday, in the months of June through August for a nine -week summer session. RECOM MENDATION: Approval A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. CONSENT ITEM 2. RESOLUTION NO. 1830 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10 -14 for a 3,740 square -foot restaurant with seating for up Any writings or documents provided to a majority of Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 3-8 -11 to 180 patrons at an existing 74,400 square -foot commercial center (Arcadia Landmark Center) at 411 E. Huntington Drive, Suite 101C. RECOMMENDATION: Adopt 3. MINUTES OF FEBRUARY 22, 2011 RECOMMENDATION: Approve 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 Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 3 -8 -11 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 Planning Services Department 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 item is introduced by the Chairman of the Planning Commission. 2. The staff report is presented by staff. 3. Commissioners' questions relating to the staff report may be asked and answered at this time. 4. The Public Hearing is opened by the Chairman and the applicant is afforded the first 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 Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 3 -8 -11 March 8, 2011 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 11 -02 to amend CUP 10 -10 to extend the operating hours of an existing 1,682 square -foot tutoring center in the months of June through August at 50 W. Las Tunas Drive. SUMMARY Dr. James Su of Harvard Education Center submitted Conditional Use Permit Application No. CUP 11 -02 to amend CUP 10 -10 extending the operating hours of an existing 1,682 square -foot tutoring center with 55 students at 50 W. Las Tunas Drive. It is staffs opinion that based on the adequate on -site parking, the site can accommodate the extended hours without significantly impacting the neighboring properties. The Development Services Department is recommending approval of the proposed extended hours for the tutoring center, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Dr. James Su of Harvard Education Center LOCATION: 50 West Las Tunas Drive REQUEST: A Conditional Use Permit to amend CUP 10 -10 to extend the operating hours of an existing 1,682 square -foot tutoring center to 8:30 a.m. to 5:30 p.m., Monday through Friday, in the months of June through August. No classes will be held on Saturdays or Sundays. 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 -2, General Commercial. 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 -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) The Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allow a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 11 -02 were mailed on February 24, 2011 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 10, 2010, the Planning Commission approved Conditional Use Permit No. CUP 10 -10 (Resolution No. 1823 attached) for a 1,682 square -foot tutoring center at 50 W. Las Tunas Drive. The approval was for a maximum of 2 instructors /staff and 55 students at any one time. The students are from local middle schools and are not of driving age. The approved class hours are 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 were approved for Saturdays or Sundays. The applicant is currently applying to extend these hours for summer sessions from June through August. CUP 11 -02 50 W. Las Tunas Drive March 8, 2011 page 2 PROPOSAL AND ANALYSIS The proposal is to amend Conditional Use Permit No. CUP 10 -10 to extend the operating hours of an existing 1,682 square -foot tutoring center. As mentioned above, the current class hours are 3:45 p.m. to 6:30 p.m., Monday through Friday, and administrative office hours are 9:00 a.m. to 7:00 p.m., seven days a week. The applicant is proposing to provide nine weeks of summer programs during the months of June through August from 8:30 a.m. to 5:30 p.m., Monday through Friday. There will be one full -day class session. The approved maximum of 2 instructors /staff and 55 students at any one time will be the same for the summer program, and the operating hours for the rest of the year will remain unchanged. Parking and Traffic The approved Conditional Use Permit No. CUP 10 -10 includes a parking modification for 58 on -site parking spaces in lieu of 87 spaces required for all the uses in the commercial center, which consists of a florist, donut shop, restaurant, medical office, and another tutoring center. The following are the parking requirements for each unit in the subject center: Building Use Florist (506 sq.ft.) Donut Shop (506 sq.ft.) Restaurant (1,682 sq.ft.) Medical (1,235 sq.ft.) Little Harvard Academy Harvard Education 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 The applicant submitted a one -week parking survey from January 23, 2011 to January 29, 2011. Parking was counted at hourly intervals from 8:00 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. The survey shows a peak usage at 12:00 noon on Friday, January 28, 2011, where only 20 of the 58 parking spaces were occupied. There were a maximum of 14 spaces occupied in the morning at 8:00 a.m. and 9:00 a.m., when the summer classes are proposed to begin. Staffs observations of the subject site confirmed the survey results. For the summer program, the applicant will not offer transportation service as provided during the school year since the students cannot be picked up as a group; parents will be responsible for the picking up and dropping off of students. The applicant identified four areas where parents can park their cars. There are three on -site CUP 11 -02 50 W. Las Tunas Drive March 8, 2011 page 3 parking areas and on- street parking along Live Oak Avenue, as shown on the attached site plan. The adjacent tutoring center, Little Harvard Academy, currently offers summer classes from 9:00 a.m. to 5:00 p.m. The 30- minute differences at the beginning and end should avoid conflicts with the proposed extended hours of 8:30 a.m. to 5:30 p.m. It has been the experience of Little Harvard Academy that many parents arrange carpools with one another. In addition, the applicant states that there are many siblings that attend these tutoring centers and they will also be carpooling. It is staffs opinion that because the proposed extended schedule for the tutoring center will not conflict with the schedule for Little Harvard Academy, and the observed number of available parking spaces during the times when parents will be picking up and dropping off the students, the subject site can accommodate the traffic, parking demand, and pick -up /drop -off requirements of the proposed summer schedule. 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 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 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. CUP 11 -02 50 W. Las Tunas Drive March 8, 2011 page 4 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 observed parking availability 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. It is staffs opinion that the proposed summer hours for the subject tutoring center satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 11 -02 to amend CUP 10 -10. The amended conditions are as follows: 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 Saturdays and Sundays. 2. From June to August, classes shall be limited to 8:30 a.m. to 5:30 p.m., Monday through Friday. From September to May, class hours shall be limited to 3:45 p.m. to 6:30 p.m., Monday through Friday. Administrative office hours shall be limited 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. CUP 11 -02 50 W. Las Tunas Drive March 8, 2011 page 5 7. The use approved by CUP 11 -02 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 11 -02, subject to the satisfaction of the Development Services Director or designee. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 11- 02 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 11 -02 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 11 -02; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. CUP 11 -02 50 W. Las Tunas Drive March 8, 2011 page 6 Denial 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 March 8 public hearing, please contact Associate Planner, Thomas Li by calling (626) 574 -5447, or by email at tli @ci.arcadia.ca.us. A ed by: s -ma ommunity Development Administrator Attachments: Aerial Photo Vicinity Map Photos of the Subject Property 300 -foot Radius Map Resolution No. 1823 for CUP 10 -10 Site Plan Floor Plan Parking Survey Preliminary Exemption Assessment CUP 11 -02 50 W. Las Tunas Drive March 8, 2011 page 7 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, August 2010 50 W Las Tunas Drive CUP 11-02 Moe 00 s Development Services Department Engineering Division Prepared by: R.S.Gonzalez, August 2010 17 58 50 W Las Tunas Drive CUP 11-02 1 Harvard Education Center Parking Lot View 1 Parking Lot View 2 Street View 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 tuttt1ng 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: -2- 1823 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. 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. -3- 1823 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 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 /tt' day of 2010. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: P Stephen P. Deitsch, City Attorney -4- 1823 r CD 0 CD CD i 7-6 3 Ik O I L ca ��g LL ■4•■•• Site Plan 50 West Las Tunas Drive, Arcadia AIN 5788 021 016 Lot 69 Santa Anita Colony 1 1 6 J -L-_- co 0 mr 4 j 2 J 1 1 t i 1 1 r Applicant: Dr. James Su 626 429 -8688 Owner: RDW Enterprises, Inc. 7 2 CL O O O N N N N N O M CL CM 1`..: N M Co) a- M a G ea CO CO 0) 00 f� CO M 0 0 r C r N r r r O r CO I 4:00 PM N r N r Cal r M r 1- th 0 O O O O CL O O O O O O O O O O O 0) CO CO CO Co) 0) CO Z CO M CO CO 0) CO CO Z O N N ti C) O 0) W 1- H M CO O ti CO CO ti CO LC) r 0) N r Cf) 00 O N Cf) M CA O CO CO C) M CO ti Q CO Harvard Education Center Parking Survey 1. Name or description of project: CUP 11 -02 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 50 W. Las Tunas Drive, Arcadia, CA 91007 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. /5 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: 2 -22 -11 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. 1830 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -14 FOR A 3,740 SQUARE -FOOT RESTAURANT WITH SEATING FOR UP TO 180 PATRONS AT AN EXISTING 74,400 SQUARE -FOOT COMMERCIAL CENTER (ARCADIA LANDMARK CENTER) AT 411 E. HUNTINGTON DRIVE, SUITE 101C. WHEREAS, on October 15, 2010, an application was filed by Mr. Tony Leung for a 3,740 square -foot restaurant with seating for up to 180 patrons at an existing 74,400 square foot commercial center (Arcadia Landmark Center); Development Services Department Case No. CUP 10 -14, at 411 E. Huntington Drive, Suite 101C; and WHEREAS, a public hearing was held by the Planning Commission on February 22, 2011, 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 February 22, 2011 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 restaurant will not have any adverse impacts to the neighboring businesses or properties, and will be required to comply with all County Health Code requirements. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A restaurant is allowed in the CPD -1 zones with an approved Conditional Use Permit per Sections 9260.1.12.(13) and 9275.1.53.5 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 proposed restaurant will increase the parking requirement by 18 spaces; a 3.6% change for an overall parking deficiency of 88 spaces, which based on an independent traffic study is insignificant in this case and will be even further mitigated by the conditions of approval. 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. Based on an independent traffic study, Huntington Drive to the south of the site, Gateway Drive to the west, and the nearby intersections are adequate to serve the existing shopping center with the new restaurant. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. 6. That the project approved under Conditional Use Permit No. CUP 10 -14 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of existing facility per Section 15303(c) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -14 for a 3,740 square -foot restaurant with seating for up to 180 patrons at an existing 74,400 square -foot commercial center (Arcadia Landmark Center) at 411 E. Huntington Drive, Suite 101C, subject to the following conditions: 1. The restaurant shall be limited to a maximum dining capacity of 180 seats. 2. The restaurant shall not be open between 12:00 midnight and 6:00 a.m., and shall not be open more than 16 hours per day. 3. No live music or entertainment is allowed under this Conditional Use Permit. 2 1830 4. This approval of CUP 10 -14 includes a parking modification of 18 spaces, but is not an approval of a general reduction of the parking requirements for the subject commercial space, the subject building, or the subject site. 5. Prior to the proposed restaurant beginning operations, the parking lot signage shall be enhanced to the satisfaction of the City Engineer to direct patrons to the parking structure. 6. Additional and /or enhanced signage for the '15- minute only' parking spaces shall be provided to the satisfaction of the City Engineer. 7. The parking structure lighting shall be enhanced to the satisfaction of the Development Services Director or designee. 8. The use approved by CUP 10 -14 is limited to this restaurant, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -14, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets and /or neighboring businesses or properties observed during these inspections. 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -14 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 11. 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 3 1830 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. 12. Approval of CUP 10 -14 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an 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 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: 0. Stephen P. Deitsch, City Attorney Chairman, Planning Commission 4 1830 MINUTES ARCADIA PLANNING COMMISSION Tuesday, February 22, 2011, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, February 22, 2011, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Perri Ile presiding. PLEDGE OF ALLEGIANCE Chairman Parrille led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Beranek, Chiao and PerriIle ABSENT: None OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Associate Planner, Tom Li Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama said that the applicant for Item 2 was not prepared for the hearing so staff is recommending a continuance to March 22, 2011. 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. CONDITIONAL USE PERMIT NO. CUP 10 -14 411 E. Huntington Drive, Unit #101C Tony Leung The applicant is requesting a Conditional Use Permit to allow a 3,740 square -foot restaurant with seating for up to 180 patrons at an existing 74,400 square -foot commercial center (Arcadia Landmark Center). Assistant Planner, Tim Schwehr, presented the staff report. Commissioner Beranek asked if building mangement is on -site and if surveillance cameras could be installed with monitors in the manager's office. Mr. Schwehr said that building management does have an office on -site and that the question of surveillance cameras could be answered by the applicant's representative. Commissioner Beranek asked why the gate to the lower level of the parking structure is kept locked. Mr. Schwehr explained that the gate is locked because that level is seldom used. Commissioner Chiao asked for clarification of a comment in the staff report referring to the parking structure as having an "unkempt appearance Mr. Schwehr explained that the parking structure was developed in 1990 so the spaces meet current standards and are adequatly striped; however, the lighting is poor and there is litter throughout the area at the end of the lower levelis being used for storage. He said that this material could easily be moved. Commissioner Chiao asked what type of lighting was being recommended. Mr. Schwehr explained that the issue of lighting would be addressed at a later date, but prior to the opening or the restaurant. Commissioner Chiao asked if there is an applicable candlepower standard. Mr. Kasama said that there is a standard in the Building Code and that traffic standards could also apply. If these standards differ, the higher of the two would be applied. Commissioner Chiao asked if the possibility of a two -hour limitation for surface parking was addressed in the traffic study. Mr. Schwehr said that a limitation on surface parking was not addressed in the study. However, since employees are already restricted from surface parking, that regulation would affect only customers of the center which could have a negative impact on business. Commissioner Baderian asked if the 15- minute parking spaces are currently being monitored for compliance. Mr. Schwehr said that they are monitored by a private parking enforcement service that currently leaves a notice on the car if they go over 15 minutes. They plan to be more diligent in the future and to follow through with citations. Commissioner Baderian asked if parking limits are enforced only during business hours. Mr. Schwehr said there is no parking enforcement in the evenings and on Sundays. Commissioner Baerg noted that the lease agreements for this property require tenants and their employees to park in the structure and he asked if this requirement was included in their Conditional Use Permits. Mr. Schwehr said that it was not. The Public Hearing was opened. Chairman PerriIle asked if anyone would like to speak in favor of this project. Ms. Patsy Ma, leasing agent for Arcadia Landmark since 1989, represented the applicant. She explained that the space for the proposed Cajun restaurant was previously occupied by a Bank of America office. She said that a restaurant would bring more business to the center. She noted that there are no other Cajun restaurants in the area. Ms. Ma pointed out that a traffic study, which was completed in 2010 showed that even during the busiest hours there were still 150 parking spaces available. She said that although the parking structure was not designed to be especially inviting, it has served as an adequate parking facility for tenants and employees and that a two-hour parking limit would only effect customers and could be detrimental to business. Ms. Ma assured the Commissioners that the applicants have reviewed staff's recommendations and they have agreed to work with Planning and Engineering to comply with all recommendations including opening the gate, providing signs directing traffic to the structure, and upgrading the lighting. PC MINUTES 2 -22 -11 Page 2 In the parking lot, they have agreed to paint the wheel stops to reflect limited parking hours and to obtain parking tickets for guards to use as a warning of tow-away in the 15- minute parking spaces. Chairman Pamlle asked if the restaurant was going to be opening at 6:00 a.m. for breakfast and Ms. Ma said they will open for lunch and dinner only. Mr. Schwehr explained that the 6:00 a.m. opening time is standard language even though this particular restaurant will only open for lunch and dinner. Commissioner Baderian asked if management will be present during all business hours to monitor cameras if they are installed. Ms. Ma said that the management office is open from 9:00 a.m. to 6:00 p.m. during the week, but the guard patrols from 9:00 a.m. to 8:00 p.m. Monday through Friday and on Saturday from 7:00 a.m. to 2:00 p.m. and 5:00 p.m. to 10:00 p.m. Commissioner Baderian asked if there are tow -away signs at the 15- minute spaces, and Ms. Ma assured him that there are. Commissioner Chiao asked if the center is fully occupied. Ms. Ma said that all the ground units are occupied but the there is 4,700 square feet of office space available on the upper floors. Mr. Schwehr noted that future use of this space by any type of school would require a Conditional Use Permit. Commissioner Chiao expressed concern about parking deficiencies should the center become fully occupied. Commissioner Baderian asked if full occupancy of the center would increase the current 88 parking space deficiency. Mr. Schwehr explained that the parking calculations were based on the assumption that the center is fully occupied so the deficiency would not change with increased occupancy. Commissioner Chiao asked if the parking calculations included the four space deficiency created by the Capital Seafood CUP approved at the last meeting. Mr. Schwehr said that was factored into the parking calculations. Chairman PerriIle asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baerg, to approve Conditional Use Permit Application No. CUP 10-14, and to direct staff to prepare the appropriate Resolution. ROLL CALL AYES: Commissioners Baderian, Baerg, Beranek, Chiao and PerriIle NOES: None PC MINUTES 2 -22 -11 Page 3 A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. 2. CONDITIONAL USE PERMIT NO. CUP 10 18 72 W. Live Oak Ave. Ying Wan Phu The applicant is requesting a Conditional Use Permit to allow the existing 869 square -foot day spa located at 70 W. Live Oak Avenue to expand into the adjacent 710 square -foot building at 72 W. Live Oak Avenue. Mr. Kasama reported that the applicant is not prepared for the hearing so staff is recommending a continuance of this item to March 22, 2011. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Chiao, to continue Conditional Use Permit Application No. CUP 10 -18 to March 22, 2011. ROLL CALL AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None 3. TEXT AMENDMENT NO. TA 11 02 Consideration of Text Amendment No. TA 11 -02 to amend Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code pertaining to temporary banner regulations. Associate Planner, Tom Li presented the staff report. Commissioner Chiao asked if this text amendment was prepared in response to contractors leaving super graphics up for extended periods while they go through an appeal process. Mr. Li explained that this has not been an issue and that the intent was only to tighten up the regulations on temporary banners and reduce the compliance period from 30 days to five days. 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. PC MINUTES 2 -22 -11 Page 4 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek to recommend approval of Text Amendment No. TA 11 -02 to the City Council. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille NOES: None The Planning Commission's recommendation and comments will be forwarded to the City Council. CONSENT ITEMS 4. RESOLUTION NO. 1828 A Resolution of the Planning Commission of the City of Arcadia, California, denying Conditional Use Permit No. CUP 10 -20 with a Parking Modification to convert the existing 2,274 square foot, take -out food service establishment to a restaurant with a dining area for 20 patrons at 142 E. Duarte Road. 5. RESOLUTION NO. 1829 A Resolution of the Planning Commission of the City of Arcadia, Califomia, denying Conditional Use Permit Application No. CUP 10 -12 for a new 1,714 square -foot martial arts studio with a maximum of 2 instructors and 12 students at any one time at 921 S. Baldwin Avenue, #D. 6. MINUTES OF FEBRUARY 8, 2011 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Chiao, to adopt Resolution Nos. 1828 and 1829 and to approve the minutes of February 8, 2011, as presented. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Parrille NOES: None MATTERS FROM CITY COUNCIL PLANNING COMMISSION There were none. MODIFICATION COMMITTEE AGENDA Chairman Parrille reported that the Modification Committee approved the legalization of the pruning of a Holly Oak tree subject to Code Services verification. PC MINUTES 2 -22 -11 Page 5 MATTERS FROM STAFF UPCOMING AGENDA ITEMS Mr. Kasama reported that the agenda for the next meeting will include a CUP for summer hours for a tutoring center on Las Tunas and that Planning Services has received applications for a four story medical building at 301 W. Huntington Drive. He also said that the City Council has expressed an interest in promoting neighborhood involvement in the Design Review process and will have a Study Session on the subject on Tuesday, March 1. ADJOURNED 7:51 p.m. ATTEST: Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 2 -22 -11 Page 6