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HomeMy WebLinkAboutItem 1c: Appeal of Planning Commission Denial of CUP 10-12 for a Martial Arts Studio at 921 South Baldwin Avenue, Unit D . • 6 ,..k (.
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J �� ' STAFF REPORT
00. .T. 9
Development Services Department
DATE: March 15, 2011
TO: Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directory --�
By: Jim Kasama, Community Development Administrator
Prepared By: Tim Schwehr, Assistant PlannerTl
SUBJECT: AN APPEAL OF A DENIAL BY THE PLANNING COMMISSION OF
CONDITIONAL USE PERMIT APPLICATION NO. CUP 10 -12 WITH
A PARKING MODIFICATION TO ALLOW A NEW 1,714 SQUARE -
FOOT MARTIAL ARTS STUDIO WITH A MAXIMUM OF 2
INSTRUCTORS AND 12 STUDENTS AT ANY ONE TIME AT 921
SOUTH BALDWIN AVENUE, UNIT D.
Recommendation: Uphold Appeal and Approve CUP 10 -12
SUMMARY
The subject application was filed by Mr. Terence Kwok to allow 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, Unit #D. An aerial photo of the
subject property is attached. The Development Services Department
recommended approval of the application, subject to the conditions of approval
outlined in this staff report. The Planning Commission voted to deny the
application and the applicant subsequently filed this appeal to the Council.
BACKGROUND
On February 8, 2011, the Planning Commission denied Conditional Use Permit
Application No. CUP 10 -12 to allow a new 1,714 square -foot martial arts studio
with a maximum of 2 instructors and 12 students at any one time at the subject
location. Staffs recommendation was for conditional approval of the proposal,
with conditions that instruction shall not occur during weekend lunch or dinner
hours. The February 8, 2011 staff report is attached. The Planning Commission's
decision to deny the application was based on the existing parking shortage at
the property, and concern that this project would worsen the parking problem. At
the hearing, the applicant, Mr. Terence Kwok, expressed disagreement with
staffs recommendation to prohibit instruction on Friday evenings, and with the
length of the time restriction for Saturday lunch hours. An excerpt of the minutes
of the February 8, 2011 Planning Commission meeting is attached. On February
22, 2011, the Planning Commission adopted the attached Resolution No. 1829
denying the Conditional Use Permit Application. Mr. Kwok appealed the
Planning Commission decision within the prescribed five working day appeal
period.
PROJECT SITE
The subject unit is located within an existing commercial strip center constructed in
1987. Unit D is currently vacant, but was previously occupied by Curves Gym with
a limitation of a maximum of 8 persons permitted to train at any one time. The
tenants of the other units at the property consist of three restaurants, one spa, one
dental office, and one general retail use. The dental office was approved with a
parking modification in 1991 to allow 50 parking spaces in lieu of 52 required (MC
91 -08). The three restaurants were approved by the following conditional use
permits:
• CUP 89 -19 for a 1,375 square -foot restaurant (Sushi Kiyosuzu) with seating
for 40 patrons, and a parking modification of 50 spaces in lieu of 57
required (Unit #B).
• CUP 08 -19 for a 1,376 square -foot restaurant (Dumpling House) with
seating for 37 patrons, and a parking modification of 50 spaces in lieu of 70
required (Unit #A).
• CUP 08 -15 for a 1,971 square -foot restaurant (Go Go Chicken) with seating
for 33 patrons, and a parking modification of 50 spaces in lieu of 75
required (Units #G &H).
DISCUSSION
Project
The applicant is proposing to use an existing 1,714 square -foot commercial unit
as a martial arts studio with a maximum of 2 instructors and 12 students at any
one time. The subject unit was formerly a small gym (Curves) and the existing
floor plan (attached) contains 1,205 square -feet of instruction area, three small
offices, a small storage room, and one restroom. The applicant is not proposing
any changes to the existing floor plan. The applicant's proposed class schedule
is for weekday instruction to begin at 3:30 p.m. and end at 9:00 p.m., and
weekend instruction to begin at 8:30 a.m. and end at 8:00 p.m. Instruction will be
for all ages. There will be a 30- minute break between classes. Staff is
Appeal of CUP 10 -12
921 S. Baldwin Ave, #D
March 15, 2011- Page 2
recommending that instruction not be allowed during weekend lunch and dinner
hours because of the parking deficiency at this property.
Parking
The existing commercial center currently contains a mix of retail uses, restaurants,
and a dental office. Several Conditional Use Permits and Parking Modifications
have been approved for this center and there is currently a parking deficiency of 25
spaces at the site; 50 spaces in lieu of 75 spaces required.
Pursuant to the City's current parking regulations, a martial arts studio requires 1
parking space for every 100 square -feet of instruction area. The 1,714 square -foot
martial arts studio will have 1,205 square -feet of instruction area. This results in a
parking requirement of 12.1 spaces, or 3.5 spaces more than the previous use. As
a result, the parking deficiency at the center would increase from 25 spaces to 28
spaces; 50 spaces existing in lieu of 78 spaces required overall. The parking
requirements of the center are summarized in the table below:
921 S. Baldwin Avenue - Existing Uses and Proposed Martial Arts Studio
Parking Requirements
Parking
Unit # Current Use Sq. Ft. Required Notes
A Restaurant 1,376 13.8 CUP 08 -19 (max 37 seats)
B Restaurant 1,375 13.8 CUP 89 -19 (max 40 seats)
C Dental office 1,296 7.8 MC 91 -08
D* Martial Arts Studio 1,714 12.1
E Flower shop 1,075 5.4
F Day spa 1,169 5.8
G &H Restaurant 1,971 19.7 CUP 08 -15 (max 33 seats)
Totals: 9,976 78.4 - 78
* Subject unit
In order to more accurately assess the current parking situation, the Development
Services Department asked the applicant to provide a parking survey. The
attached survey was conducted from Saturday, November 27, 2010 to Sunday,
December 5, 2010. The applicant recorded the number of occupied parking
spaces at hourly intervals between 10:00 a.m. and 10:00 p.m. As expected,
parking demand was highest during the lunch and dinner hours due to the three
restaurants at the center. Parking availability ranged from 45 vacant spaces at
10:00 a.m. on a Thursday to no vacant spaces during Friday and Saturday dinner
hours. The parking lot was also at or near capacity during Saturday and Sunday
lunch hours, and Sunday dinner hours. Staffs observations corroborated that
during peak weekday business hours, approximately one -half to two - thirds of the
spaces are occupied.
At the February 8, 2011 Planning Commission meeting, the applicant stated that
because his parking survey was conducted during the weekend following the
Thanksgiving Holiday weekend, it may indicate that the businesses were busier
than usual. After the applicant appealed the Planning Commission decision, staff
Appeal of CUP 10 -12
921 S. Baldwin Ave, #D
March 15, 2011- Page 3
conducted additional site observations of the parking lot during weekday business
hours and during weekend lunch and dinner hours. During lunch and dinner hours
on Monday through Thursday, staff found the parking lot to have between 15 and
25 available spaces. During weekend lunch and dinner hours (Friday through
Sunday) the lot was found to be at or near capacity. A log of staffs observations is
attached. These observations are consistent with the applicant's parking survey,
and therefore staff maintains the recommendation that instruction shall not be
conducted during weekend lunch and dinner hours.
ANALYSIS
Uses such as martial arts studios require conditional use permits, and traffic and
parking concerns are addressed as part of the consideration of such applications.
Generally, staff does not encourage uses that are deficient in parking. However,
based on the limits of the proposal (2 instructors and 12 students at any one
time), and the recommended conditions of approval, staff expects the existing
on -site parking to adequately accommodate the existing uses and the proposed
martial arts studio.
Code Requirements
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, and parking and site design are required
to be complied with to the satisfaction of the Building Official, City Engineer,
Community Development Administrator, Fire Marshal, and Public Works Services
Director.
ENVIRONMENTAL ASSESSMENT
The proposed project, as a minor alteration to an existing facility is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15303 of the CEQA Guidelines. A Preliminary Exemption
Assessment is attached.
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. With the condition of approval prohibiting instruction during
weekend lunch and dinner hours, the proposed martial arts studio will not
have any adverse impacts to the neighboring businesses or properties.
Appeal of CUP 10 -12
921 S. Baldwin Ave, #D
March 15, 2011- Page 4
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. A martial arts studio is allowed in the
C -2 zones with an approved Conditional Use Permit per Section 9275.1.50.3
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 martial arts studio will increase the
parking requirement by 3 spaces; a 4% change, which is normally
insignificant, but due to prior parking modifications for other businesses,
necessitates minor conditions of approval to avoid conflicts with other uses at
this 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
surrounding streets; Baldwin Avenue and Fairview Avenue, are adequate to
serve the existing shopping center with the addition of the proposed martial
arts studio.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed martial arts studio is a
commercial use that is consistent with the General Plan Land Use
Designation of the site.
CONDITIONS OF APPROVAL
1. The martial arts studio shall be limited to a maximum of 2 instructors and /or
employees and 12 students at any one time.
2. No instruction shall occur on Fridays from 5:30 p.m. to 10:00 p.m.; Saturdays
from 11:00 a.m. to 3:00 p.m. and 5:00 p.m. to 10:00 p.m.; and Sundays from
11:00 a.m. to 2:00 p.m. and 5:30 p.m. to 8:00 p.m.
3. Student pick -up and drop -off shall occur in the on -site parking lot only.
Parents shall be required to park their vehicles when picking -up and
dropping -off students, and no queuing of vehicles shall occur in the parking
lot. The martial arts studio shall post and distribute notices to all students,
parents, and staff to provide instructions for where to park, and where to drop -
off and pick -up students in accordance with requirements established by the
City. A draft of the notice shall be submitted to the City for review and
approval by the Development Services Director or designee prior to beginning
operation of the martial arts studio.
4. This approval of CUP 10 -12 includes a parking modification /reduction of 3
spaces for the 1,714 square -foot martial arts studio, and a parking
modification of 50 spaces in lieu of 78 required for the martial arts studio and
Appeal of CUP 10 -12
921 S. Baldwin Ave, #D
March 15, 2011- Page 5
existing uses at this shopping center. This parking modification is not an
approval for a general reduction of the parking requirements for the subject
commercial space, the subject building, or the subject site.
5. The use approved by CUP 10 -12 is limited to the proposed martial arts studio,
which shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and conditionally approved for CUP 10 -12,
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 neighboring businesses or
properties observed during these inspections.
6. 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.
7. Noncompliance with the plans, provisions and conditions of approval for CUP
10 -12 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the martial arts studio.
8. 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.
9. Approval of CUP 10 -12 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.
RECOMMENDATION
It is recommended that the City Council overturn the Planning Commission's
denial, and approve Conditional Use Permit No. CUP 10 -12 with the related
parking modification to allow a new 1,714 square -foot martial arts studio with a
Appeal of CUP 10 -12
921 S. Baldwin Ave, #D
March 15, 2011- Page 6
maximum of 2 instructors and 12 students at any one time at 921 S. Baldwin
Avenue, Unit #D; state the supporting findings and environmental determination,
and direct staff to prepare a resolution for adoption at the next meeting that
incorporates the Council's decision, specific determinations and findings, and
conditions of approval.
Approved: J 4-tQ 'P�-vv-rk
Donald Penman, City Manager
Attachments: 1. Appeal Letter
2. Aerial Photo
3. Planning Commission Staff Report, dated February 8, 2011
4. Minute Excerpt of the February 8, 2011 Planning Commission
Meeting
5. Planning Commission Resolution No. 1829
6. Floor Plan
7. Applicant's Parking Survey of Nov. 27, 2010 — Dec. 5, 2010
8. Staffs Parking Observations
9. Preliminary Exemption Assessment
Appeal of CUP 10 -12
921 S. Baldwin Ave, #D
March 15, 2011- Page 7
T H K Design, Inc.
260 E. Garvey Ave.
Monterey Park, CA 91755
323 - 697 -2120
RECEIVED
Planning Department
City of Arcadia
Arcadia, CA 91066 FEB 15
2011
February 9, 201 1 Planning Services
Re: Letter of Appeal City of Arcadia
Dear Sir/Madam,
I, Terence Kwok, the applicant of the Conditional Use Permit Application No. CUP 10 -12, would like to
appeal the decision made by the planning commissioner on 2/8/2011. I will coordinate with the city's staff
to submit all necessary documents and drawings for the appeal.
Thanks.
Sinc- - , ,
(Terence Kwok, Architect)
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42/Unity °tom STAFF REPORT
Development Services Department
February 8, 2011
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: 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, Unit #D.
SUMMARY
Mr. Terence Kwok submitted Conditional Use Permit Application No. CUP 10 -12 for a
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, Unit #D. It is staffs opinion that the martial
arts studio will not adversely impact the other nearby businesses and neighboring
properties, provided that instruction is not held during weekend lunch and dinner hours.
The Development Services Department is recommending approval of this application,
subject to the conditions listed in this staff report.
GENERAL INFORMATION
APPLICANT: Mr. Terence Kwok
LOCATION: 921 S. Baldwin Avenue, Unit #D
REQUEST: A Conditional Use Permit for a 1,714 square -foot martial arts studio with
a maximum of 2 instructors and 12 students at any one time.
SITE AREA: 31,100 square feet (0.71 acres)
FRONTAGES: 171.50 feet along Baldwin Avenue
109.35 feet along Fairview Avenue
EXISTING LAND USE & ZONING:
The site consists of a 9,976 square -foot, seven unit commercial building
built in 1987 with a 50 space surface parking lot. The property is zoned
C -2, General Commercial.
SURROUNDING LAND USES & ZONING:
North: Bank and restaurant, zoned C -2
South: Convenience store, zoned C -2
East: Mixed commercial, zoned C -2
West: Multiple - family residential, zoned R -3
GENERAL PLAN DESIGNATION:
Commercial
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 10 -12 were mailed
on January 26, 2011 to the property owners and tenants of those properties that are
within 300 feet of the subject property — see the attached radius map. Because the
proposed project is exempt from the requirements of the California Environmental Quality
Act (CEQA) the public hearing notice was not published in a local newspaper.
BACKGROUND INFORMATION
The subject unit is located within an existing commercial strip center constructed in 1987.
Unit D is currently vacant but was previously occupied by Curves Gym as a legal
nonconforming use with a maximum of 8 persons permitted to train at any one time. The
tenants of the other units at the property consist of three restaurants, one spa, one dental
office, and one general retail use. The dental office was approved with a parking
modification in 1991 to allow 50 parking spaces in lieu of 52 required (MC 91 -08). The
three restaurants were approved by the following conditional use permits:
• CUP 89 -19 for a 1,375 square -foot restaurant with seating for 40 patrons, and a
parking modification of 50 spaces in lieu of 57 required (Unit #B).
• CUP 08 -19 for a 1,376 square -foot restaurant with seating for 37 patrons, and a
parking modification of 50 spaces in lieu of 70 required (Unit #A).
• CUP 08 -15 for a 1,971 square -foot restaurant with seating for 33 patrons, and a
parking modification of 50 spaces in lieu of 75 required (Units #G &H).
CUP 10 -12
921 S. Baldwin, Unit #D
February 8, 2011— page 2
PROPOSAL AND ANALYSIS
The applicant is proposing to use an existing 1,714 square -foot commercial unit as a
martial arts studio with a maximum of 2 instructors and 12 students at any one time.
The subject unit was formerly a small gym (Curves) and the existing floor plan contains
1,205 square -feet of instruction area, three small offices, a small storage room, and one
restroom. The applicant is not proposing any changes to the existing floor plan. The
applicant's proposed class schedule is for weekday instruction to begin at 3:30 p.m.
and end at 9:00 p.m., and weekend instruction to begin at 8:30 a.m. and end at 8:00
p.m. Instruction will be for all ages. There will be a 30- minute break between classes.
Staff is recommending that instruction not be allowed during weekend lunch and dinner
hours because of the parking deficiency at this property.
Parking and Traffic
The existing commercial center currently contains a mix of retail uses, restaurants, and a
dental office. Several Conditional Use Permits and Parking Modifications have been
approved for this center and there is currently a parking deficiency of 25 spaces at the
site. The current uses and parking requirements of the center are summarized in the
table below:
921 S. Baldwin Avenue — Existing Uses and Parking Requirements
Parking
Unit # Current Use Sq. Ft. Required Notes
A Restaurant 1,376 13.8 CUP 08 -19 (max 37 seats)
B Restaurant 1,375 13.8 CUP 89 -19 (max 40 seats)
C Dental office 1,296 7.8 MC 91 -08
D* Fitness gym 1,714 8.6
E Flower shop 1,075 5.4
F Day spa 1,169 5.8
G &H Restaurant 1,971 19.7 CUP 08 -15 (max 33 seats)
Totals: 9,976 74.9 = 75
*Subject unit
With an existing parking requirement of 75 spaces and only 50 spaces provided on -site,
the center is currently deficient by 25 parking spaces. Pursuant to the City's current
parking regulations, a martial arts studio requires 1 parking space for every 100 square -
feet of instruction area. The 1,714 square -foot martial arts studio would have 1,205
square -feet of instruction area and a parking requirement of 12.1 spaces, or 3.5 spaces
more than the previous use. As a result, the parking deficiency at the center would
increase from 25 spaces to 28 spaces; 50 spaces existing in lieu of 78 spaces required
overall.
In order to more accurately assess the current parking situation, the Development
Services Department asked the applicant to provide a parking survey. The attached
survey was conducted between Saturday, November 27, 2010 and Sunday, December 5,
2010. The applicant recorded the number of occupied parking spaces at hourly intervals,
between 10:00 a.m. and 10:00 p.m. Staff visited the site on multiple occasions and found
CUP 10 -12
921 S. Baldwin, Unit #D
February 8, 2011— page 3
that the survey data is accurate. As expected, parking demand was highest during the
lunch and dinner hours due to the numerous restaurants at the center. Parking
availability ranged from 45 vacant spaces at 10:00 a.m. on a Thursday to 0 vacant
spaces during Friday and Saturday dinner hours. The parking lot was also at or near
capacity during Saturday and Sunday lunch hours, and Sunday dinner hours.
Because of the parking shortage, staff is recommending a condition that no martial arts
instruction shall occur during the Friday, Saturday, and Sunday dinner hours, and the
Saturday and Sunday lunch hours. As an additional condition, staff is also
recommending that drivers be required to park their vehicles when picking -up and
dropping -off students, and that no queuing of vehicles shall occur in the parking lot.
Based on the parking survey and staffs observations of the site, it is staffs opinion that
with these restrictions, there should be sufficient on -site parking and circulation to
accommodate the proposed use.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, emergency equipment, and parking and site design are required to be complied
with to the satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director.
CEQA
Proposed projects that are not approved, are by virtue of being denied, exempt from
any further environmental assessment. If approved, however, and if it is determined
that no significant physical alterations to the site are necessary, then this project, as a
minor alteration to an existing facility is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA
Guidelines. 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. With the condition of approval prohibiting instruction during weekend lunch
and dinner hours, the proposed martial arts studio will not have any adverse impacts
to the neighboring businesses or properties.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. A martial arts studio is allowed in the C -2
zones with an approved Conditional Use Permit per Section 9275.1.50.3 of the
Arcadia Municipal Code.
CUP 10 -12
921 S. Baldwin, Unit #D
February 8, 2011— page 4
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 martial arts studio will increase the parking
requirement by 3 spaces; a 4% change, which is normally insignificant, but due to
prior parking modifications for other businesses, necessitates minor conditions of
approval to avoid conflicts with other uses at this 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 surrounding streets;
Baldwin Avenue and Fairview Avenue, are adequate to serve the existing shopping
center with the addition of the proposed martial arts studio.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed martial arts studio is a commercial use
that is consistent with the General Plan Land Use Designation of the site.
It is staffs opinion that the proposed martial arts studio with conditions of approval,
satisfies each prerequisite condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 10 -12, subject to the following conditions:
1. The martial arts studio shall be limited to a maximum of 2 instructors and /or
employees and 12 students at any one time.
2. No instruction shall occur on Fridays from 5:30 p.m. to 10:00 p.m.; Saturdays from
11:00 a.m. to 3:00 p.m. and 5:00 p.m. to 10:00 p.m.; and Sundays from 11:00 a.m.
to 2:00 p.m. and 5:30 p.m. to 8:00 p.m.
3. Student pick -up and drop -off shall occur in the on -site parking lot only. Parents shall
be required to park their vehicles when picking -up and dropping -off students, and no
queuing of vehicles shall occur in the parking lot. The martial arts studio shall post
and distribute notices to all students, parents, and staff to provide instructions for
where to park, and where to drop -off and pick -up students in accordance with
requirements established by the City. A draft of the notice shall be submitted to the
City for review and approval by the Development Services Director or designee prior
to beginning operation of the martial arts studio.
4. This approval of CUP 10 -12 includes a parking modification /reduction of 3 spaces
for the 1,714 square -foot martial arts studio, and a parking modification of 50 spaces
in lieu of 78 required for the martial arts studio and existing uses at this shopping
center. This parking modification is not an approval for a general reduction of the
parking requirements for the subject commercial space, the subject building, or the
subject site.
CUP 10 -12
921 S. Baldwin, Unit #D
February 8, 2011— page 5
5. The use approved by CUP 10 -12 is limited to the proposed martial arts studio, which
shall be operated and maintained in a manner that is consistent with the proposal
and plans submitted and conditionally approved for CUP 10 -12, 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 neighboring businesses or properties observed during these inspections.
6. 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.
7. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -12
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the martial arts studio.
8. 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.
9. Approval of CUP 10 -12 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.
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 -12; state the
supporting findings and environmental determination, and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Commission's decision,
specific determinations and findings, and the conditions of approval.
CUP 10 -12
921 S. Baldwin, Unit #D
February 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 -12; 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 February 8 public hearing, please contact Assistant
Planner, Tim Schwehr by calling (626) 574 -5422, or by email at
tschwehr @ci.arcadia.ca.us.
Approved by:
Ji -sama
• mmunity Development Administrator
Attachments: Aerial Photo
300 -foot Radius Map
Photos of Subject Property
Parking Survey
Proposed Plans
Preliminary Exemption Assessment
CUP 10 -12
921 S. Baldwin, Unit #D
February 8, 2011— page 7
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0.0vc"44.,.' MINUTES
ARCADIA PLANNING COMMISSION
of misimmi r- Tuesday , February 8, 2011, 7:00 P.M.
�ty
Arcadia City Council Chambers
CONDITIONAL USE PERMIT NO. CUP 10 -12
921 S. Baldwin Avenue, Unit #D
Terence Kwok
The applicant is requesting a Conditional Use Permit to allow a new 1,714 square -foot
martial arts studio with a maximum of two instructors and 12 students at any one time.
Assistant Planner, Tim Schwehr, presented the staff report.
Commissioner Baderian expressed concern that there have recently been several projects
brought before the Commission that have parking deficiencies, including both of the projects
on the present agenda.
Chairman Parrille said he was concerned about the queuing of cars on Baldwin Avenue for
drop -off and pick -up of students. He asked what measures would be taken to avoid this
problem in addition to providing notices to parents.
Commissioner Baerg asked how the patchwork of operating hours defined in
Recommendation 2 in the Staff Report could be enforced. Mr. Schwehr explained that staff
would respond to complaints from neighboring businesses for enforcement of business
hours.
Commissioner Chiao suggested that relying on neighboring businesses to complain about
business hours before Code Services could react would be problematic for those neighbors.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this project.
Mr. Terence Kwok, the applicant, explained that parents would only be dropping off and
picking up students during class hours. He also asked if the Friday and Sunday operating
hours defined in item 2 of the Recommendations could be expanded to allow additional
classes.
Chairman Parrille asked if parents of new students are asked to sign an agreement about
the traffic and parking rules before their children begin attending classes. Mr. Kwok said
that parents are required to sign an agreement and they will receive written parking
instructions as well. In addition, a sign with parking instructions will be posted on the back
door.
Commissioner Baderian asked Mr. Kwok to restate the preferred hours of operation. Mr.
Kwok explained the hours as defined in item 2 of the Recommendations as follows:
Eliminate the restriction on Friday nights and change the Saturday restriction to 11:00 a.m.
to 2:00 p.m.
Commissioner Baderian asked Mr. Kwok if he had seen the traffic study and who was
responsible for choosing the dates of the study. Mr. Kwok said that he was familiar with the
study and that he chose the dates, but that that week may have been particularly busy
because it is the week after Thanksgiving.
Commissioner Baderian asked why the study was conducted during the week after
Thanksgiving. Mr. Kwok explained that although that is a very busy week for the restaurants
in the center, he wanted to be ready for a Planning Commission meeting as soon as
possible. Mr. Kwok suggested that a new parking study could be repeated at a time when
there is no holiday traffic.
Commissioner Baderian asked Mr. Kwok if requiring parents to sign a form regarding
parking instructions will be effective. Mr. Kwok said that along with instructing parents, they
can assign certain spaces that are limited to five minutes for pick -up and drop -off of
students.
Chairman Parrille 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.
Commissioner Baderian said that he is reluctant to approve a project that would increase
parking deficiencies. He also expressed concern about the applicant asking to modify the
limitation on operating hours on Fridays and the fact that there are no plans for on -going
monitoring of parking and traffic.
Commissioner Baerg agreed that the parking lot situation is not suitable and the applicant's
request to change operating hours on Fridays suggests that he may not be willing to
conform to the conditions recommended in the Staff Report.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to deny
Conditional Use Permit Application No. CUP 10 -12, and to direct staff to prepare the
appropriate Resolution.
ROLL CALL
AYES: Commissioners Baderian, Baerg, Chiao and Parrille
NOES: None
ABSENT: Commissioner Beranek
PC MINUTES
2 -8 -11
Page 2
RESOLUTION NO. 1829
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, 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.
WHEREAS, on October 11, 2010, a Conditional Use Permit application was
filed by Terence Kwok for a new 1,714 square -foot martial arts studio with a
maximum of 2 instructors and 12 students at any one time, Development Services
Department Case No. CUP 10 -12, at 921 S. Baldwin Avenue, #D; and
WHEREAS, a public hearing was held on February 8, 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 HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the staff report dated February 8, 2011 are true and correct.
SECTION 2. This Commission finds:
A. That the granting of the Conditional Use Permit would be detrimental to
the public health and welfare, and injurious to the property and improvements in the
zone or vicinity because the existing on -site parking facilities are inadequate to
support the proposed martial arts studio.
B. That the use applied for at the location indicated is properly one for
which a Conditional Use Permit is authorized; however, the applicant could not
satisfy the parking requirements for the requested conditional use as specified in
Section 9269.5 et seq. of the Arcadia Municipal Code.
-1- Resolution No. 1829
C. That the site for the proposed use is not adequate in size and shape to
accommodate said use due to inadequate on -site parking.
D. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed use, but the on-
site parking is insufficient to accommodate the proposed use.
E. That the granting of such Conditional Use Permit will adversely affect the
comprehensive General Plan because there is insufficient on -site parking to
accommodate the proposed use, which would be detrimental to the public welfare,
■
F. That the proposed project is a minor alteration of an existing facility and
is therefore exempt from the California Environmental Quality Act (Class 3
Categorical Exemption, Section No. 15303).
SECTION 3. That -for the foregoing reasons this Commission denies
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 Ave., #D.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this .., day of x.' _ , 2011.
i�iL %
h - ' man, 'tanning Commission
A -EST:
Sec,e , Planning Commission
A - ROVED AS TO ( � FORM:
: wry , ( ' . le
Stephen P. Deitsch, City Attorney
-2- Resolution No. 1829
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04 i, • .6, PRELIMINARY EXEMPTION ASSESSMENT
r���
g °f (Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
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.
2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7W topographical map identified by quadrangle name):
921 S. Baldwin Avenue, Unit #D (between Fairview Avenue and Huntington Drive)
3. Entity or person undertaking project: ❑ A. City of Arcadia
® B. Other (Private)
(1) Name: Terence Kwok
(2) Address: 260 E. Garvey
Monterey Park, CA 91755
(3) Phone: (323) 697 -2120
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. ❑ The proposed action does not constitute a project under CEQA.
b. ❑ The project is a Ministerial Project.
c. ❑ 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(c)
f. ❑ The project is statutorily exempt. Applicable Exemption:
Section No.:
g. ❑ The project is otherwise exempt on the following basis:
h. ❑ The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: January 20, 2011 Staff: Tim Schwehr, Assistant Planner