STAFF REPORT PLANNING COMMISSION REGULAR MEETING OF DECEMBER 6,

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1 STAFF REPORT PLANNING COMMISSION REGULAR MEETING OF DECEMBER 6, 2016 PREPARED BY: AGENDA ITEM & FILE NUMBER: PROJECT SIZE & LOCATION: GENERAL PLAN: ZONING: OWNER/APPLICANT: Jeff Zilm, Senior Planner Item No. 3, An application for a conditional use permit (CUP ) to allow the establishment of an after-school tutoring service, known as Kumon Math & Reading Center of Brentwood, located at 3840 Balfour Road, Suite C (APN ). A 1,491 square-foot tenant suite within an existing commercial/retail building located south of Balfour Road and west of Griffith Lane. GC (General Commercial) Planned Development No. 69 (PD-69) Zone JJ Balfour LLC/Ted Kim PREVIOUS ACTIONS: Planning Commission approval of RZ and DR on March 21, 2006, for the 49,112 square foot City Block retail shopping center. City Council approval of RZ and mitigated negative declaration on April 25, Planning Commission denial of a design review amendment application for a full access signalized intersection on March 6, City Council denial of an appeal, upholding the Planning Commission s denial on the full access signalized intersection on May 22, 2007, and referring any alternative access designs to the Planning Commission for consideration. Planning Commission hearing on November 20, 2007, considering the request for a left-in turn pocket. No action was taken as a majority vote could not be obtained and one Commissioner was absent. Pursuant to Council Policy 110-1, the item was automatically added to a future agenda. Planning Commission approval of CUP for The Little Gym of Brentwood on November 20, 2007 at 3860 Balfour Road. Planning Commission hearing on January 15, 2008, effectively denying an amendment to the design review to allow for a left-in turn pocket for westbound traffic at the main Balfour Road entrance. City Council hearing on February 26, 2008, on an appeal filed by Matt Ellison of K & E Properties of the Planning Commission s effective denial of the design review amendment for a left-in turn pocket and directing staff to return with the required environmental document and approval resolution.

2 City Council hearing on May 27, 2008, adopted a resolution adopting the Mitigated Negative Declaration and adopted a resolution approving the appeal of and approving an amendment to a design review (DR 05-27) for the City Block retail center to allow for an unsignalized leftin turn pocket for westbound traffic at the main Balfour Road entrance. Planning Commission approval of CUP for Gil s Music on September 2, 2008 at 3860 Balfour Road. Planning Commission approval of CUP for Chapala Mexican Restaurant on October 7, 2008 at 3850 Balfour Road. Planning Commission approval of CUP for Tiger Rock Martial Arts Scholars on April 19, 2016 at 3840 Balfour Road. BACKGROUND: The applicant is requesting approval of a conditional use permit to operate an after-school math and reading facility, known as Kumon Math & Reading Center of Brentwood, within an approximately 1,491 square-foot tenant space in an existing commercial/retail building. The project site is located at the northwest corner of the City Block shopping center. Founded in Japan in 1958, Kumon learning method uses a systematic approach that helps children develop a solid command of math and reading skills. Through daily practice and mastery of materials, students increase confidence, improve concentration and develop better study skills. Presently 4.27 million students in 49 countries and regions study with the Kumon method. The Kumon method is aimed at building up the basic academic skills of reading, writing, and math regardless of age. It is an individualized study method that enables students to become self-learners. The foundation of Kumon method is the development of basic academic skills. The positive results of study with the Kumon method have been recognized. Therefore, the Kumon method has been welcomed into communities around the world with widely different cultures, values, and educational systems. City Block Shopping Center Site Aerial 2

3 Surrounding Land Uses North: East: Veteran s Park In-Shape, Chevron, Griffith Lane, and single-family residential beyond Walnut Meadows I, Subdivision No South: Single-family residential Rosegate/Hawthorne Landing, Subdivision No West: Single-family residential Rosegate/Hawthorne Landing, Subdivision No Detailed Project Description The applicant, Ted Kim, is applying for a conditional use permit to operate an after-school math and reading facility, known as Kumon Math & Reading Center of Brentwood, located in a vacant space within the building at 3840 Balfour Road, Suite C. The Kumon Math & Reading Center of Brentwood would occupy roughly 1,491 square feet of the 8,400 square-foot commercial/retail Vison Optix building located in the City Block shopping center. In addition to the Vison Optix building, this shopping center also has two more commercial/retail buildings, a 23,863 squarefoot building and a 9,827 square-foot building, which contain the following uses: Chapala Mexican Restaurant JK Nails and Spa The Little Gym Yogurt Pizazz J. Rockcliff Bella Sweet Shop In-Shape (approximately 31,000 square feet located to the east) Chevron (located to the east) Medlinks The Countertop Studio Tiger Rock Martial Arts Scholars In addition to the above mentioned uses there is a 29,800 square-foot vacant parcel with frontage along Balfour Road that could accommodate a 7,020 square-foot commercial/retail building. The Commission approved the design of this building in 2006 as part of the original design review application for City Block. 3

4 Kumon Center Project Site Aerial Kumon is a national franchising company providing after-school math and reading tutoring services. Kumon Math & Reading Center of Brentwood has been in business for the past 13 years, at the Balfour Plaza shopping center, located at 4530 Balfour Road, Suite B. Although they have been successful in maintaining the business at that location, in order to embrace the evolving marketplace and adapt successfully to a changing business environment, Kumon Math & Reading Center of Brentwood would like to relocate to the City Block shopping center, located at 3840 Balfour Road, Suite C. The hours of operation for Kumon Math & Reading Center of Brentwood will be from 3:00 p.m. to 6:30 pm Monday through Friday, 9:30 a.m. to 1:00 p.m. Saturday, and closed on Sunday. Kumon Math & Reading Center of Brentwood will have 1-10 employees working on any given day with a peak customer time between 3:00 p.m. to 6:00 p.m. Monday through Friday, where up to 30 students may attend classes. Access to and from the building site would be from a right-in and right-out driveway on Balfour Road, located right in front of the Vison Optix building, a right-in and right-out driveway on Balfour Road at the Chevron gas station, and a full access driveway from Griffith Lane, which serves as the main entrance for In-Shape but it does provide access to the rest of the City Block shopping center as well. ANALYSIS: Conditionally permitted uses are those uses which, by their nature, require special consideration so that they may be located properly with respect to the objectives of the Municipal Code and with respect to their effects on surrounding uses and properties. In order to achieve these purposes, the Planning Commission is empowered to approve, conditionally approve, or deny applications for use permits. 4

5 General Plan Consistency The General Plan land use designation underlying the project site is General Commercial. This designation allows for concentrations of a variety of mixed commercial uses and service type businesses to serve specific areas of the city and neighborhoods that are related to State Route 4 and some arterial intersections, on parcels generally ranging from one to 20 acres. Such land uses do not lend themselves to being located in regional commercial centers, but are encouraged in orderly clusters in suitable locations proximate to State Route 4 and adjacent to major arterials. Although after-school tutoring service uses are not specifically listed as being included in this land use designation the General Plan, through the Land Use Element, provides direction for a development and resource conservation pattern that preserves and protects the high-quality family-oriented neighborhoods throughout Brentwood, while promoting opportunities for economic development, high-quality local job growth, and fiscal sustainability through the following Policies: Policy LU 1-10: Schools are an allowed land use within all residential, commercial, office, and business park designations. Policy LU 2-5: Encourage neighborhood development that includes convenience commercial uses, and school uses, but restrict the amount of retail strip development and ensure that commercial development is well integrated into the community. Policy LU 3-1: Ensure that an adequate inventory of vacant industrial, commercial, office, and business park land is designated, zoned, and maintained for target employment-generating uses. If the Kumon Math & Reading Center of Brentwood is approved with a conditional use permit it would be consistent with the General Plan. Zoning Consistency The project site is within Planned Development No. 69 (PD-69), which includes general and convenience retail, service uses, professional and business offices, restaurants or cafes (under 2,500 sq. ft.), automatic teller machines, banking centers, full service banks, and financial institutions. Listed conditionally permitted uses include restaurants or cafes (over 2,500 sq. ft.), on-sale or off-sale liquor establishments, medical and dental offices, nursery, child care, day care centers, meeting halls, fraternal halls, community centers, and health club facilities or recreational/exercise class facilities. Other uses may be considered through the conditional use permit procedure, depending on the type of operation, material sold or stored, or other special considerations. Additionally, a provision in Municipal Code Section E allows uses not specifically listed as permitted or conditionally permitted within a Planned Development zone to be considered through the conditional use permit process. Therefore, with the approval of a conditional use permit for the Kumon Math & Reading Center of Brentwood, would be in conformance with the requirements of the Municipal Code. 5

6 Land Use Compatibility One of the primary concerns in reviewing a conditional use permit application is the effect of the proposed use on surrounding properties. The location of the Kumon Math & Reading Center of Brentwood is proposed to be located within a commercial/retail shopping center, whereby it will occupy roughly 1,491 square feet of the 8,400 square-foot Vison Optix building. Several residential neighborhoods are located within walking distance of the project site but, given the specialized nature of the business, most clients would be driven to the site and dropped off. Clientele are most likely to seek out the place of business based on the programs offered, meaning that the location would be a trip destination, rather than a convenience destination. Similarly, this type of use is not likely to benefit greatly from pass-by pedestrian or vehicular traffic, therefore, the lack of exposure along an arterial street is not expected to pose a problem for the business. Several similar businesses are located within other existing shopping centers and are drawn by attractive lease rates and the varying peak hours of uses within these centers. The use is not expected to conflict with the adjacent Vison Optix or Tiger Rock Martial Arts Scholars studio, located within the remainder of the building. Additionally, these relatively inexpensive suites provide affordable spaces for these types of uses to operate from and in a location where the noise and their associated parking and other impacts are not a nuisance to the surrounding businesses. The other tenants within City Block (and the adjacent In-Shape) include the following: Business Name Hours Tenant Space Area Vison Optix M-F 9-6 2,500 S 9-1 S Closed Chapala Restaurant M-F 9-9 2,466 S/S 8-9 JK Nails & Spa M-S 9:30-7 1,336 S 10-5 The Little Gym M-TH 9-12, 3-7 4,201 S 8-3 S 8-1 Yogurt Pizazz M-S ,333 J. Rockcliff By Appointment 1,200 Bella Sweet Shoppe M-S ,703 In Shape M-F ,000 S/S 6-8 Medlinks M-F 9-5 1,152 The Countertop Studio By Appointment 1,152 Tiger Rock Martial Arts Scholars M-F 9-9 2,892 S 9-Noon S Closed Kumon Math & Reading Center M-F 3:00-6:30 S 9:30-1:00 S Closed 1,491 6

7 Parking At the time that the subject buildings were approved, the parking requirements identified in the Municipal Code were based upon a total retail square foot area of 42,633 square feet, which generated a parking demand of 213 spaces, and a total office square foot of 6,479 square feet which generated a parking demand of 26 spaces for a total of 239 spaces. A total of 245 spaces were constructed within the shopping center. This shopping center does have a reciprocal parking agreement with the In-Shape gym to the east. The In-Shape facility includes parking for 153 vehicles for its 31,000 square feet of floor area. Combining these 153 spaces with the 245 constructed for City Block results in a total of 398 spaces for both developments which is three more than what is required by the City s Municipal Code. Given the fact that much of the traffic generated by the Kumon Math & Reading Center of Brentwood is drop-off or pick-up between 3:00 p.m. and 6:30 p.m., with few vehicles remaining on-site during classes, there would be adequate parking for the site as a whole. Noise The project location is located in the middle of the Vison Optix building. The main entrance is on the east side of the building and will have a front desk for greeting. The interior of the Kumon Math & Reading Center of Brentwood is arranged so that the main area is one large open area that will have tables and desks. There is a small office space that will be used by staff. Additionally, Kumon Math & Reading Center of Brentwood does not employ amplified sound or music in conjunction with its teaching activities. Signage No new signage is proposed as part of this application; however, any signage would be required to be consistent with the approved master sign program and must be submitted to the Community Development Department for review and permitting prior to installation. DATE OF NOTICE The City mailed a public hearing notice to all individuals owning property within 300 feet of the project site and published it in the Brentwood Press on November 25, Additionally, the applicant installed a public hearing notice sign on the property during the same time period of time. As of December 6, 2016, no comments were received from members of the public. ENVIRONMENTAL DETERMINATION: While conditional use permits are typically subject to the California Environmental Quality Act (CEQA), projects which have no possibility of causing an environmental impact can be categorically exempted from CEQA review. Because the proposed project is a change of use for an existing structure, with negligible or no expansion of use, this project qualifies for a categorical exemption in accordance with Section of the CEQA Guidelines. 7

8 RECOMMENDATION: Adopt Resolution No approving Conditional Use Permit No as conditioned. Attachments: 1. Planning Commission Resolution No Kumon Learning Center plans 8

9 PLANNING COMMISSION RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING A CONDITIONAL USE PERMIT (CUP ) TO ALLOW THE ESTABLISHMENT OF AN AFTER-SCHOOL TUTORING SERVICE, KNOWN AS KUMON MATH & READING CENTER OF BRENTWOOD, LOCATED AT 3840 BALFOUR ROAD, SUITE C (APN ). WHEREAS, Ted Kim is requesting that the City approve a conditional use permit (CUP ) to allow the establishment of an after-school tutoring service, known as Kumon Math & Reading Center of Brentwood, located at 3840 Balfour Road, Suite C; and WHEREAS, the project qualifies as a Categorical Exemption Class 1 in accordance with Section of the California Environmental Quality Act (CEQA) Guidelines in that the proposed use includes the leasing of, and operation within, an existing private structure and would not expand the building beyond its current footprint; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 25, 2016, in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission considered Conditional Use Permit No to allow the establishment for an after-school tutoring service, known as Kumon Math & Reading Center of Brentwood, located at 3840 Balfour Road, Suite C; and WHEREAS, the Planning Commission of the City of Brentwood has held a public hearing on December 6, 2016, reviewed said conditional use permit request, and studied the compatibility of this request with adjacent land uses, and considered this request in accordance with the conditional use permit criteria established in Section of the Brentwood Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Brentwood: A. Hereby finds that: 1. The project qualifies for a Class 1 Categorical Exemption in accordance with Section of the California Environmental Quality Act (CEQA) Guidelines in that the proposed use includes the leasing of, and operation within, an existing private structure and would not expand the building beyond its current footprint. 2. The project is consistent with the General Plan and Zoning Ordinance in that the Planned Development No. 69 zone is consistent with the zoning designation and that any use not listed as a permitted use within a planned development zone may be considered through the conditional use permit procedure per Municipal Code Section (E). 3. The location, size, design, and operating characteristics of the proposed development are compatible with and do not adversely affect the livability or appropriate development of abutting properties and the surrounding

10 neighborhood, in that the proposed martial arts studio would locate within an existing commercial/retail building, would not expand the existing building footprint or make any major exterior alterations and would not introduce uses that would be incompatible with the current occupants of the building or surrounding properties. 4. The harmony in scale, bulk, coverage, and density of the proposed project is consistent and compatible with the existing and proposed land uses around the subject site, in that the proposed studio would be located in a tenant suite within an existing commercial/retail building. Thereby, the approved scale, bulk, coverage, and density of the building will be maintained. 5. The availability of public facilities and utilities is adequate to serve the proposed use as conditioned, in that the Kumon Math & Reading Center of Brentwood would be located within an existing building where public facilities and services would be provided, including sewer, water, electricity, and phone. 6. There would be no harmful effect upon the neighborhood character with approval of this permit as the building already exists and the exterior would not be modified in any way, except by the possible installation of a buildingmounted sign in conformance with the City s signage regulations. As conditioned, none of the aspects of the operation are anticipated to have a negative impact on any other businesses in the building or on any residential properties in the general vicinity. 7. The subject site will have adequate pedestrian and vehicular circulation and parking available, in that there are three vehicular access points serving the site, two from Balfour Road and one from Griffith Lane, there are sufficient parking spaces available for all of the uses on the property, given the current uses on the site, and on-site pedestrian facilities are designed to afford ready pedestrian access to all of the tenant suites and associated uses in the center. 8. The generation of additional traffic would be minimal due to the capacity of the commercial/retail center and the fact that the surrounding streets are designed for vehicle use and calculated to adequately handle the proposed increase in use. 9. The location, design, landscaping and screening, and overall site planning of the proposed use will provide an attractive, useful, and convenient working area, in that the project has access to nearby major arterial streets and has adequate parking available to serve not only the families of those enrolled in martial arts classes, but the employees and customers of the other businesses within the building. B. Hereby approves Conditional Use Permit No to allow the establishment of an after-school tutoring service, known as Kumon Math & Reading Center of Brentwood, located at 3840 Balfour Road, Suite C, subject to the conditions of approval listed in Exhibit "A," attached hereto and made a part of this resolution, and all City standards applicable to this project.

11 This permit shall terminate on December 6, 2017, unless actual services associated with the use begin within said period. However, such period of time may be extended by the Planning Commission upon the filing of an extension request at any time before said period has expired. The above action is final unless an appeal is filed pursuant to Chapter of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action. ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting on December 6, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: APPROVED: ATTEST: Dirk Zeigler Planning Commission Chairperson Erik Nolthenius Planning Manager

12 EXHIBIT "A" TO PLANNING COMMISSION RESOLUTION NO CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO The proposed project shall be established and operated in substantial conformance with the project plans and written narrative dated Received, September 19, 2016 unless otherwise amended by the conditions of approval contained herein. Minor changes to the plans and operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the approved exhibits. 2. The project shall be subject to the City of Brentwood s Standard Conditions of Approval for Commercial and Industrial Projects, dated May 2005, unless modified by this permit or otherwise by the Planning Commission. 3. This conditional use permit shall authorize the establishment of a 1,491 square-foot after-school tutoring facility within an 8,400-square-foot building located at 3840 Balfour Road, Suite C. The hours of operation for Kumon Math & Reading Center of Brentwood will be from 3:00 p.m. to 6:30 p.m. Monday through Friday, 9:00 am to 1:00 p.m. Saturday, and closed on Sunday. 4. In the event that the applicant proposes to modify the hours of operation, other aspects of the business, or modify the exterior of the building or site, the modification shall be subject to the review of the Community Development Director. The Community Development Director may approve the modification or refer it back to the Planning Commission if judged to be substantial. 5. All interior modifications to the tenant suite, as depicted in the proposed floor plan, shall be maintained during the course of operation of the martial arts studio. Any future modifications shall be completed under proper building permits. 6. On-site signage shall be allowed in accordance with the master sign program for City Block, and shall be submitted to the Community Development Department for review and permitting prior to manufacture and installation. 7. The applicant shall maintain the area surrounding the use including but not limited to the building in which the martial arts studio is located, sidewalk, and parking lot area in a clean and orderly manner at all times. 8. If operation of this facility results in conflicts pertaining to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this conditional use permit may be referred to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit bound upon applicable findings. 9. If the use is terminated or suspended for a period of six months or more, the use shall be considered to be discontinued and Conditional Use Permit No will no longer be

13 in force or effect. Similarly, if a dissimilar interim use occurs, Conditional Use Permit No shall no longer be in force or effect. 10. Prior to the initiation of activity at the site, the applicant shall provide a statement to the City stating that the applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City s active negligence.

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