Loading...
HomeMy WebLinkAboutItem 2j: Resolution 6757 Approving CUP 10-12 for Martial Arts Studio at 912 S. Baldwin Avenue #D ,,.w..)...,„ il t.7. Oii . lot _ .; °4l'ORATIS9- STAFF REPORT Development Services Department DATE: April 5, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director W By: Jim Kasama, Community Development Administrato Prepared By: Tim Schwehr, Assistant Planner SUBJECT: RESOLUTION NO. 6757 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING 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. Recommendation: Adopt SUMMARY At the March 15, 2011 City Council Meeting, the Council held a public hearing and approved an appeal to overturn the Planning Commission's denial of Conditional Use Permit No. CUP 10 -12 for a new 1,714 square -foot martial arts studio. For reference, the March 15, 2011 staff report is attached. . RECOMMENDATION The Development Services Department recommends that the City Council adopt Resolution No. 6757 approving Conditional Use Permit 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. Approved: , 'Pcv-oe -PP..J Donald Penman, City Manager Attachments: 1. City Council Resolution No. 6757 2. City Council Staff Report, dated March 15, 2011 RESOLUTION NO. 6757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING 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 before the Planning Commission on February 8, 2011, at which time the Planning Commission denied the project and adopted Resolution No. 1829 on February 22, 2011; and WHEREAS, within the prescribed five -day appeal period, the applicant appealed the project for reconsideration in order to have a full review of the facts and circumstances prior to a final decision by the City; and WHEREAS, a public hearing was held by the City Council on March 15, 2011, at which time all interested persons were given full opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 15, 2011 are true and correct. SECTION 2. This City Council finds: -1- A. That the granting of the Conditional Use Permit would not be detrimental to the public health and welfare, and injurious to the property and improvements in the zone or vicinity. The proposed martial arts studio will not have any adverse impacts to the neighboring businesses or properties and will be compatible with the surrounding uses. B. 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. C. 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 4.0% change for an overall parking deficiency of 28 spaces, which will be mitigated by the conditions of approval. 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. Baldwin Avenue to the east of the site, and Fairview Avenue to the south of the site, and the nearby intersections are adequate to serve the existing shopping center with the new martial arts studio. E. 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. -2- 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, the City Council approves 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, 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 2:00 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 -3- 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 -4- 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. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: 0. Stephen P. Deitsch City Attorney -5- • .r 4. cO41,0aeT0.4' STAFF REPORT Development Services Department DATE: March 15, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directory I - By: Jim Kasama, Community Development Administrator Prepared By: Tim Schwehr, Assistant Planner 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 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 (max40 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 g. 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 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 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: `P¢-vnrrravrJ 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 C-2 t If i j ! W C.. 2 C-2 • 4 Subject B ey , Property a. r ; - R 3 C-2 N F - , r rt • t . .. 1 , , : , ,, , ,,, ,:i .... : , , , , - tilrc�rEa,a � r at R -3 C -2 _ c _ 2 .. ilk . �Y" „ � � C i i x Y!^ 3" 3b " N ' F . o r 1 i 4:1S .ti•,• 1 921 S. Baldwin Ave, Unit D % . CUP 10 -12 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 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 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 62,50 53.7 E3 t5 4610 'd t 1 19412 603 Room, ` 0,. `y / • 2' • 99 ' , ' ra!? - tut+ 119.10 2+01e CT r NO 6986 - i j is le) _ Q Cs M 13 +. � 29 - 3 2 5 rx+k. �� ,';,� - j ') 23 art- is • . 3 647 10 .0. . ? (V ii ; � � 2 a - ) seg ,5� �_ 1 12'19° 53.75 44.10 1 ,� 1 k '" v (.1) o r fT 9 ; wlrlsiMrlaas � : l �l�IE`insrE 1973r . 49 R© a 2 177.x1. k 1 Mr 1$93 -1906 + 1 106 53 O "5 . _ , + z P M :+e 2' 85 - 86 ■,, 8 c 8 " 10 - !' - ® 44 F-23 '` 1 i 0:4 c ..A_ . . -: ,-- • ., . CA: ' ' et '. a.. w: .r ? 0 A . . 1 bfl . l: r . . : i. • 7Y t, � 1 f 44011r4e. i. 0 T SHEET 2 tr; 'a' -- s" _ ;draw i .f r, T I fi . J ( , . � l k r }r te.. 4 1 J --,vazy--A- .... • ,. pimp- 01 , iii • y (37 .... . FAIRVIEW 1 AVE yt 4 . � / '.t 1 ` �......,, . 1]19 to rr1F.a1 -":71 1. 1 - ,f:•, e • NO 2731 r NO 1 5220 r t+►` f � •� /4. Q ..t. 0- p PR C r, @;) "Y . ., , ri fi t ua 7 1 9 8 > a 'vs� . , • , a- p ihhiba_. 4 S gL . ,-. PK— 54i . . ...._........_ ourf --._,, :r • 1 al : ; ' -.: : ;Z:4 ''' • •:7 - ', • 61)44 . , : .1 8 0 fr.. 4■• NA 1.... - 140 04. R q n 100.11c Zsata + 3 1 10 2 pp- 1� M _X 7 r SA m °° .'•I a k. C.4 181 SQt =� 1 ?'U1 r. D 78 . t' N 100.114 . • • x AVE, -- . SHEET '�'� •t Ai i7 • Q� i • i 1L Cy fi7EiF . 'R •t ,• 'tt r.�. rN �..._. 't4! • • yy `~ t it • r,[ d4r»,: i,a., w J I alerw.fa rea ar "r ;-:. .*'. ....A •; pF1' 1: s , a ( ' 1 . : z h« t,� a �r y't . ' k'S ' .,-K"9 t Y 1 2 ; i t Y \ {.Y 4d s ' ,0 7i. ) , 1 fi Rear Parking Lot — looking South ‘1, °r `•a socli C2 t w ri ' aZ t ■ * r _ . �w R, � t c: M ../': ._. -. ' 47 4 y+e1 I.L ' ��•' t t . w� n i . Adjacent Residential Units to the West 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 concem 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 f 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. At _ All .4 %0 ?, h = man, - tanning Commission A -ES`1: Sec , Planning Commission A -ROVED AS TO J � FORM: !off j Stephen P. Deitsch, City Attorney -2- Resolution No. 1829 st ca a 4.N. w + cn . N t) O o p � O -$ z3 z3 -§ 'a -§ -§ 3 -§ n 4 3 3 3 3 3 3 3 3 3 3 3 3 3 - e 66 i tD N o O It g t c63 o t s t 6 to N N LE vi- g - N a+ O -p N t 2° O k- - o _ O 0 0 N _S1 R = a% p 6 N cQ N --� cP w w o t1 o Q -� IV kij O W CP CO ttri - p — N ON N —I O t i O Q �- O a K) ci -0 N g 0 O w p T77 -=1 W l tji cn ',§,-3 . 1 N t Q g N -71 N t�Jt to V. xi 6 Q O n N 0 .6-1 c4) si g g t.)) IQ h.) -IN. -It. CD u3 — O E. n O . K { g I E o1.= ow PRELIMINARY EXEMPTION ASSESSMENT rt.' a rM Ht \' (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 71/2' 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