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8-23-11
ARCADIA PLANNING COMMISSION AGENDA Tuesday, August 23, 2011, 7:00 P.M. Arcadia City Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING ITEMS - 5 minute time limit per person. PUBLIC HEARINGS All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. 1. TENTATIVE PARCEL MAP NO. TPM 11 -05 232 Genoa Street - Leo Wu A Tentative Parcel Map for a two -unit, residential condominium subdivision. RECOMMENDATION: Conditional Approval There is a ten (10) calendar day appeal period after the approval /denial of the subdivision. Appeals are to be filed by 4:30 p.m. on Friday, September 2, 2011. 2. CONDITIONAL USE PERMIT NO. CUP 11 -11 16 North First Avenue - Charles Yi A Conditional Use Permit with a parking modification to permit a wine bar and specialty retail sales. RECOMMENDATION: Conditional Approval RESOLUTION NO. 1842 A Resolution of the Planning Commission of the City of Arcadia, Califomia, Approving Conditional Use Permit No. 11 -11 with a parking modification to allow a wine bar and specialty retail sales at 16 N. First Avenue. There will be a five (5) working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Wednesday, August 31, 2011. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007 - (626) 574 -5423. PC AGENDA CONSENT ITEMS 3. MINUTES OF August 9, 2011 RECOMMENDATION: Approve MATTERS FROM CITY COUNCIL & PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF & UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007 - (626) 574 -5423. PC AGENDA PLANNING COMMISSION Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the Planning Services Department at (626) 574- 5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Public Hearino Procedure 1. The public hearing item is introduced by the Chairman of the Planning Commission. 2. The staff report is presented by staff. 3. Commissioners' questions relating to the staff report may be asked and answered at this time. 4. The Public Hearing is opened by the Chairman and the applicant is afforded the first opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 6. Those in opposition to the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then makes a motion and acts on the proposal to either approve, approve with conditions or modifications, deny, or continue it to a specific date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. This is usually presented at the next Planning Commission meeting. There is a five (5) working day appeal period after the adoption of the resolution. 12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten (10) calendar day appeal period. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007 - (626) 574 -5423. PC AGENDA STAFF REPORT Development Services Department August 23, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Tentative Parcel Map Application No. TPM 11 -05 (71668) for a two -unit residential condominium subdivision at 232 Genoa Street. SUMMARY Tentative Parcel Map Application No. TPM 11 -05 (Parcel Map No. 71668) was submitted by the architect, Mr. Leo Wu, for a two -unit residential condominium subdivision at 232 Genoa Street. The proposed subdivision is consistent with the City's subdivision requirements and General Plan. The Development Services Department is recommending approval of the tentative parcel map, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Leo Wu, Architect LOCATION: 232 Genoa Street (APNs 5779 - 018 -042 & 5779 - 018 -043) REQUEST: Tentative Parcel Map to consolidate two lots and subdivide for a two - unit residential condominium SITE AREA: 8,500 square feet (0.195 acre) FRONTAGES: 100 feet along Genoa Street and 85 feet along S Third Avenue EXISTING LAND USES & ZONING: 232 Genoa Street is comprised of two lots and is developed with a 1,520 square -foot, one -story, single - family residence constructed in 1936. The residence is constructed across the property line between the two lots. Both lots are zoned R -2; medium density multi - family residential SURROUNDING LAND USES & ZONING: The surrounding properties are developed with single - family dwellings and are zoned R -2 GENERAL PLAN DESIGNATION: Medium Density Residential for 6 -12 dwelling units per acre " Public Hearing Notification Public hearing notices of Tentative Parcel Map Application No. TPM 11 -05 were mailed on August 11, 2011 to the property owners and occupants of those properties that are within 300 feet of the subject properties (see 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 On July 5, 2011, Modification No. MA 11 -20 and Architectural Design Review No. ADR 11 -02 were approved administratively for a new, two -unit, multi - family residential development with a 25 -foot front yard setback in lieu of the 35 -foot special setback along Third Avenue, subject to the condition that the two Tots of the property be consolidated into a single lot. Architectural plans of the approved design are attached to this staff report. PROPOSAL AND ANALYSIS The applicant is proposing to consolidate the two lots at the southwest corner of Genoa Street and Third Avenue into one lot for a two -unit residential condominium subdivision. The proposed subdivision meets all applicable subdivision regulations and is consistent with the City's General Plan and the zoning of the property. The Development Services Department recommends approval of this tentative parcel map, subject to the conditions in this staff report. Other Requirements The applicant shall be required to comply with all code requirements as determined to be necessary by the Building Official, City Engineer, Development Services Director, Fire Marshal, and Public Works Services Director. CEQA This project is categorically exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) by Section 15315 of the CEQA Guidelines as a minor land division of 4 or fewer lots in an urbanized area zoned for residential use. A Preliminary Exemption Assessment is attached to this staff report. TPM 11 -05 (71668) 232 Genoa Street August 23, 2011— Page 2 RECOMMENDATION The Development Services Department recommends that the Planning Commission approve Tentative Parcel Map No. TPM 11 -05 (71668) subject to the following conditions: 1. The developer shall pay a $100 Map Fee and $50 Final Approval Fee, and shall post a $200 deposit for a Mylar copy of the recorded map prior to approval of the Parcel Map. 2. In addition to following the City of Arcadia standard trench detail, the developer shall pay a slurry seal fee prior to obtaining building permits or shall repair all street cuts with slurry seal prior to final occupancy to the satisfaction of the City Engineer and Public Works Services Director. 3. Prior to approval of the Parcel Map, the developer shall either construct or post security for all public improvements as shown on Tentative Parcel Map 71668, including the installation of new street trees to be shown on a grading plan per the City of Arcadia Street Tree Master Plan. 4. A separate demolition and erosion control plan prepared by a registered civil engineer shall be submitted to and approved by the City Engineer prior to approval of the Parcel Map. All existing structures shall be demolished prior to approval of the Parcel Map. 5. A grading plan prepared by a registered civil engineer shall be submitted and approved by the City Engineer prior to issuance of a building permit. Per the Los Angeles County Department of Public Works, the project shall provide and incorporate all proposed Low Impact Development (LID) methods on the grading plans. 6. All City code requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Development Services Director, Fire Marshal, and Public Works Services Director. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City TPM 11 -05 (71668) 232 Genoa Street August 23, 2011— Page 3 reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 8. Approval of Tentative Parcel Map No. TPM 11 -05 (71668) shall not take effect until the property owner(s), applicant(s), and civil engineer have executed and filed the Acceptance Form available from the Development Services Department to acknowledge acceptance of these conditions of approval. PLANNING COMMISION ACTION Approval If the Planning Commission intends to approve this application, the Planning Commission should move to approve Tentative Parcel Map No. TPM 11 -05 (71668) based on the following findings and actions: A.1. Find that the project and the provisions for its design and improvements are consistent with the Arcadia General Plan, and that the discharge of sewage from the project into the public sewer system will not violate any requirements prescribed by the California Regional Water Quality Control Board for this region. The Public Works Services Department did not have any comments indicating that the existing sewer system is inadequate to accommodate the proposed subdivision. A.2. Find that the determination of a CEQA exemption as set forth in the attached Preliminary Exemption Assessment is appropriate. A.3. Authorize and direct the Development Services Director or designee to approve and execute, if necessary, a subdivision agreement for this project. A.4. Approve this project subject to the conditions of approval set forth in the staff report, or as modified by the Planning Commission. Denial If the Planning Commission intends to deny this application, the Commission must make at least one of the following findings based on the evidence presented, expand upon the finding(s) with specific reasons, and move to deny the project: D.1. Find that the proposed map is not consistent with the applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. D.2. Find that the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. D.3. Find that the site is not physically suitable for the type of development. D.4. Find that the site is not physically suitable for the density of development. TPM 11 -05 (71668) 232 Genoa Street August 23, 2011— Page 4 D.5. Find that the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. D.6. Find that the design of the subdivision or the types of improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D.7. Find that the design of the subdivision or the type of improvements are likely to cause serious public health problems. D.8. Find that the requested subdivision injuriously affects the neighborhood wherein said lot is located. D.9. Find that the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the legislative body may approve a map if it finds that alternate easements for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public. This subdivision shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter, prior to the August 23rd public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422. Approved by: Jim ma C unity Development Administrator Attachments: Tentative Parcel Map No. TPM 11 -05 (71668) Aerial Photo & Vicinity Map 300 -Foot Radius Map Photos of Subject Property Photos of Surrounding Properties Architectural Plans Environmental Document TPM 11 -05 (71668) 232 Genoa Street August 23, 2011— Page 5 OeoI -en 0,11.) *xi not-us (P14 nu 1U S YJ Y!w 'WON mum 7 ILe Wa\-1A`Tingw0© G7 @g70.F7C7G10 w(UP ()l\il �)l\ff bij }jf)hi; (i 111' ) V0 'VIaVONV 13381S VON39 ZEZ NOIJVOO1 103fOad Lr v UTILITY SERVICES: FOR CONDOMINIUM PURPOSES UUGOWWLLW 0 • BENCH MARK: PREPARED BY: 21326 G TRACT NO 65564 8 16490±SF 160 65C 1 125 C -TRACT 34725 NO 1 SHEE M B 1210 -347 M B 1332 27a.26C 739-.50 25 - _ J r 114.50 Q u t' O 1G Z B (•-' 107.75 4 TRACTh 21 97.47 %00 90 5893 . , i3 vase Z? 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Name or description of project: TPM 11 -05, a Tentative Parcel Map to consolidate two existing Tots for a two -unit residential condominium subdivision 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 232 Genoa Street 3. Entity or person undertaking project: A. B. Other (Private) (1) Name 1 Leo Wu (2) Address 67 E. Live Oak Avenue, #201 Arcadia, CA 91006 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. The project is categorically exempt. e. ►1 Applicable Exemption Class: Class 15 - Minor Land Divisions f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: August 1, 2011 Preliminary Exemption Assessment\2010 1 Staff: Thomas Li, Associate Planner FORM "A" STAFF REPORT August 23, 2011 Development Services Department TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Lisa Flores, Senior Planner o" SUBJECT: Conditional Use Permit No. CUP 11 -11 with a parking modification to allow a wine bar and specialty retail sales at 16 N. First Avenue. SUMMARY Conditional Use Permit Application No. CUP 11 -11 was filed by Mr. Charles Yi on behalf of the property owner, Mr. William Chenoweth, to operate a wine bar with specialty retail sales at 16 N. First Avenue. Wine will be sold for off -site consumption and for on -site tasting. The Development Services Department is recommending approval of this application and the related parking modification, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Charles Yi on behalf of the property owner, Mr. William Chenoweth LOCATION: 16 N. First Avenue REQUEST: A Conditional Use Permit to allow a wine bar, specialty retail sales, and a parking modification of 6 on -site parking spaces in lieu of 24 spaces required for the existing multi- tenant building and proposed wine bar. The hours of operation for the wine bar will be 1:00 p.m. to 11:00 p.m., daily. SITE AREA: 7,425 square feet (0.17 acre) FRONTAGE: 55' -0" along N. First Avenue EXISTING LAND USE & ZONING: The subject property is located on the east side of First Avenue between Huntington Drive and Wheeler Avenue, in the Central Redevelopment Project Area. The site is improved with a 4,900 square foot, two -story building comprised of 3,900 square feet of commercial space on the first floor and a 1,000 square -foot residential unit on the second floor. There is also a 4 -car garage at the rear of the site and 3 open, on -site parking spaces. The property is zoned CBD, Central Business District with a Downtown Overlay. SURROUNDING LAND USES & ZONING: North: Commercial — zoned DMU South: Commercial — zoned CBD East: General Office Building — zoned CBD West: Commercial — zoned CBD GENERAL PLAN DESIGNATION: Commercial with Downtown Overlay — This designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. Adjacent to Downtown, the Commercial designation is intended to encourage small -scale office and neighborhood - serving commercial uses that complement development in the Downtown Mixed Use areas. While the land use designation provides the general parameters within which development must take place, the Zoning Code or other and use regulatory document specifies the type and intensity of uses that will be permitted in a given area. In the Downtown area, for example, where properties are designated Commercial, land use regulations might specify that restaurants and cafes are permitted, but secondhand stores are not. The Zoning Code and other regulatory documents also indicate permitted building height limits for specific properties. The maximum floor- area -ratio (FAR) for Commercial areas is 0.50, but the Downtown Overlay, which is a higher intensity overlay, allows an FAR of 1.0 for non - residential uses. PUBLIC HEARING NOTIFICATION Public hearing notices of CUP 11 -11 were mailed on August 10, 2011 to the property owners and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Pursuant to the provisions of the California Environmental Quality Act (CEQA), a conversion of existing small structures from one use to another is Categorically Exempt under Section 15303(c) of the CEQA Guidelines, and therefore the public hearing notice was not published in a local newspaper. CUP 11 -11 16 N. First Avenue August 23, 2011 — page 2 BACKGROUND On April 5, 2011, the Redevelopment Agency Board approved a waiver to Arcadia Redevelopment Agency Resolution No. ARA -231 to permit a wine bar. The waiver was necessary because the Resolution lists "Stores selling liquor for off - premise consumption," as an "Inappropriate Use." The Board determined that a wine bar would not be a detriment to North First Avenue and could add some vitality to the area. Additionally, the Board felt that it is a use that is compatible with the Land Use Element of the new General Plan and consistent with the goal of introducing more active uses into the downtown area. PROPOSAL AND ANALYSIS The applicant, Mr. Charles Yi, plans to lease 1,700 square feet on the first floor of the two -story building to operate a wine bar that will offer wine tastings and retail sales. The location will not be a restaurant as no kitchen is to be included, and the specialty retail items are wines, cheeses, and related items. Wine will be sold for off -site consumption and for on -site tastings. The proposed hours of operation will be limited to 1:00 p.m. to 11:00 p.m., daily. The applicant has indicated that he has experience operating a similar establishment, the Wine Cave located in the Montrose area of Glendale. The Glendale location has been in operation since August of 2009, and is considered by the City of Glendale staff to have been a significant improvement to the area. If approved, this new location may be named, Wine Cave II. It is staff's opinion that the proposed use will be an enhancement to the downtown area. This proposal also requires a parking modification since there will be only 6 on -site parking spaces and under the current zoning regulations the site needs 24 parking spaces with the proposed wine bar. The following table lists the parking requirements for the project site, which is located within a '/ -mile of the future Gold Line station, and is thereby entitled to a 25% reduction of the parking requirements for commercial uses. Use Area (S.F.) Required Parking Ratio Required Parking Per Use Retail (The Frame House) 2,200 S.F. 1/200 S.F. - 25% 8.25 spaces Apartment 1,000 S.F. 1.5 per unit + 1 guest per 2 units 3 spaces Proposed Wine Bar 1,700 S.F. 1/100 S.F. - 25% 12.75 spaces Total On -Site Parking Spaces Required: 24 21 commercial spaces plus 3 spaces for the apartment Total On -Site Parking Spaces to be Provided: 6 CUP 11 -11 16 N. First Avenue August 23, 2011 — page 3 Of the 7 existing on -site parking spaces, 3 are open and available for any tenant or customer, and 4 spaces are in the garage. Two of the garage spaces are designated for the apartment, and one each is available for the two commercial units. Presently, the subject property has a legal- nonconforming parking deficiency of 11 spaces. To comply with accessibility requirements, a van - accessible, handicap parking space must be provided. The 8 -foot wide loading area for this handicap space will result in the loss of 1 open, on -site parking space. When combined with the increased parking requirement for the wine bar, the proposed 6 on -site parking spaces results in an 18- space on -site parking deficiency for an overall parking modification of 6 on -site parking spaces in lieu of 24 required. The applicant had the attached shared parking study prepared by a traffic engineer to evaluate the availability of the on -site and off -site parking for the proposed wine bar. The study included an analysis of the City's parking requirement, the parking demand of the proposed wine bar, and the availability of nearby public parking spaces. The consultant counted the parked vehicles every 30 minutes between 1:00 p.m. to 11:00 p.m. for 7 consecutive days in May of this year. The consultant determined that the use of the closest public parking areas peaked between 1:00 p.m. to 4:00 p.m. on weekdays with 33% to 66% of the 66 nearby parking spaces occupied. On weekends, the parking usage peaked between 1:30 p.m. to 3:00 p.m. with 21% to 26% of the spaces occupied. Based on the results of the study, the consultant determined that there will be adequate parking for the proposed wine bar, which is anticipated to have its greatest parking demand during evening hours between 7:00 p.m. and 9:00 p.m. when at most, 38% of the nearby parking spaces were occupied. The City Engineer has reviewed the parking study and agrees with its conclusion that there is enough available off -site public parking for the applicant's proposal. 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 or to the exterior of the building are necessary, then this project, as a conversion of an existing facility of Tess than 2,500 square feet and not involving the use of significant amounts of hazardous substances is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. CUP 11 -11 16 N. First Avenue August 23, 2011 — page 4 FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity. The proposed wine bar and specialty retail sales will not have any adverse impacts to the neighboring businesses or properties, and will be required to comply with all County Health Code and State Alcoholic Beverage Control requirements. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Retail sales are allowed by -right in the Central Business District (CBD) zone and bars are allowed with an approved Conditional Use Permit per Section 9275.1.40.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. The proposed change in use from retail to a wine bar with specialty retail sales will increase the parking deficiency by 7 parking spaces, but this is insignificant based on the parking analysis, which indicates that there is adequate nearby, off -site parking. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. First Avenue to the west, Wheeler Avenue to the north, and the alley between the subject site and Wheeler Avenue are adequate to serve the site and to provide access to the nearby public parking areas. 5. That the granting of Conditional Use Permit No. CUP 11 -11 will not adversely affect the comprehensive General Plan. The proposed wine bar with specialty retail sales is consistent with the General Plan land use designation of the subject property. 6. That the project approved under Conditional Use Permit No. CUP 11 -11 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) per Section 15303(c) of the CEQA Guidelines. It is staff's opinion that the proposed wine bar satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 11 -11, subject to the following conditions: 1. The hours of operation shall be limited to 1:00 p.m. to 11:00 p.m., daily. CUP 11 -11 16 N. First Avenue August 23, 2011 — page 5 2. No live music or entertainment is approved under this Conditional Use Permit, and any live music or entertainment shall require a separate Conditional Use Permit. 3. The sale of beer and other alcoholic beverages other than wine is prohibited. 4. The parking spaces inside the 4 -car garage shall be made available to any of the tenants for parking. The garage is not to be used for storage, or for any use other than tenant and /or customer parking. 5. In the event of security or policing problems, this Conditional Use Permit shall be subject to review by the Arcadia Police Chief, and a professional, uniformed security guard may be required. 6. For safety, Tight fixtures shall be added to the exteriors of the northerly and easterly building walls to illuminate the alley and rear parking lot area to the satisfaction of the Arcadia Police Chief and shall be installed prior to the opening of the wine bar. 7. Signs shall be placed on the premises directing people to the City's public parking lots. The number and locations of the signs shall be subject to approval by the Development Services Director or designee prior to the issuance of a building permit, and shall be installed prior to the opening of the wine bar. 8. The use approved by CUP 11 -11 is limited to a wine bar with specialty retail sales, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -11, 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 rights - of -way and neighboring businesses or properties observed during these inspections. 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the wine bar. 11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any 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 CUP 11 -11 16 N. First Avenue August 23, 2011 — page 6 proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 12. Approval of CUP 11 -11 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 No. CUP 11 -11 with a parking modification, state the supporting findings and environmental determination, and adopt Resolution No. 1842. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 11 -11, state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 23, 2011 public hearing, please contact Senior Planner, Lisa Flores at (626) 574 -5445, or by email at Iflores @ci.arcadia.ca.us. Approved by: Jim , ama munity Development Administrator Attachments: Resolution No. 1842 Aerial Photo and Vicinity Map with Zoning Information 300 -foot Radius Map Photos Shared Parking Study Preliminary Exemption Assessment Floor Plan and Plot Plan CUP 11 -11 16 N. First Avenue August 23, 2011 — page 7 RESOLUTION NO. 1842 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -11 WITH A PARKING MODIFICATION TO ALLOW A WINE BAR WITH SPECIALTY RETAIL SALES AT 16 N. FIRST AVENUE. WHEREAS, on April 5, 2011, the Redevelopment Agency Board approved a waiver to Arcadia Redevelopment Agency Resolution No. ARA -231 to permit a wine bar at 16 N. First Avenue; and WHEREAS, on June 6, 2011, Conditional Use Permit Application No. CUP 11 -11 with a parking modification was filed by the applicant, Mr. Charles Yi on behalf of the property owner, Mr. William Chenoweth, to allow a wine bar and specialty retail sales at 16 N. First Avenue; and WHEREAS, a public hearing was held by the Planning Commission on August 23, 2011, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated August 23, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity. The proposed wine bar and specialty retail sales will not have any adverse impacts to the neighboring businesses or properties, and will be required to comply with all County Health Code and State Alcoholic Beverage Control requirements. 2. That the use' applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Retail sales are allowed by -right in the Central Business District (CBD) zone and bars are allowed with an approved Conditional Use Permit per Section 9275.1.40.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. The proposed change in use from retail to a wine bar with specialty retail sales will increase the parking deficiency by 7 parking spaces, but this is insignificant based on the parking analysis, which indicates that there is adequate nearby, off-site parking. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. First Avenue to the west, Wheeler Avenue to the north, and the alley between the subject site and Wheeler Avenue are adequate to serve the site and to provide access to the nearby public parking areas. 5. That the granting of Conditional Use Permit No. CUP 11 -11 will not adversely affect the comprehensive General Plan. The proposed wine bar with specialty retail sales is consistent with the General Plan land use designation of the subject property. 6. That the project approved under Conditional Use Permit No. CUP 11 -11 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) per Section 15303(c) of the CEQA Guidelines. 2 1842 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -11 with a parking modification to permit a wine bar with specialty retail sales at 16 N. First Avenue, subject to the following conditions: 1. The hours of operation shall be limited to 1:00 p.m. to 11:00 p.m., daily. 2. No live music or entertainment is approved under this Conditional Use Permit, and any live music or entertainment shall require a separate Conditional Use Permit. 3. The sale of beer and other alcoholic beverages other than wine is prohibited. 4. The parking spaces inside the 4 -car garage shall be made available to any of the tenants for parking. The garage is not to be used for storage, or for any use other than tenant and /or customer parking. 5. In the event security or policing problems, this Conditional Use Permit shall be subject to review by the Arcadia Police Chief, and a professional, uniformed security guard may be required. 6. For safety, Tight fixtures shall be provided on the exteriors of the northerly and easterly building walls to illuminate the alley and rear parking lot area to the satisfaction of the Arcadia Police Chief and shall be installed prior to the opening of the wine bar. 7. Signs shall be placed on the premises directing people to the City's public parking lots. The number and locations of the signs shall be subject to approval by the Development Services Director or designee prior to the issuance of a building permit, and shall be installed prior to the opening of the wine bar. 8. The use approved by CUP 11 -11 is limited to a wine bar with specialty retail sales, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -11, and shall be subject to 3 1842 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 rights -of -way and neighboring businesses or properties observed during these inspections. 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the wine bar. 11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any 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. 4 1842 12. Approval of CUP 11 -11 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 23rd day of August, 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission 5 1842 0 i 0.170 (7,425 SOFT) k ■ B k 0 RTMENT USE 0. 0 § § re 0 0 / + 0 w N * LAND USE ENTITLEMENT CONSULTANTS x � -, ( i E ■■ ■ IS . Sti Yid .y Q 1 • IV • .@■e M._ hotos of the interior spac - 6t2 TRAFFIC ENGINEERING, Inc. TratIc Control. yi:aF..Synhroniration. Nuking. S ni July 6, 2011 (Revised) Charles Yi Omart Corp 150 N. Santa Anita Ave, #500 Arcadia, CA 91006 Re: Shared Parking Study Retail Wine and Cheese Store with Wine Tasting At 16 N. First Street, Arcadia Dear Charles Yi, RE IVED JUL - 8 2011 Penning Services City of Arcadia Per your request, we have conducted a shared parking study for the proposed business at 16 N. First Street in the City of Arcadia. This letter presents our methodology, findings, and recommendations in regards to the sufficiency of parking for the proposed business. PROJECT INFORMATION The project is seeking conditional use permit (CUP) for the proposed retail wine and cheese store that offers wine tasting (1,700 sq. ft) at 16 N. First Street in the City of Arcadia. The economic development department of the City of Arcadia has requested a parking demand study prepared by a licensed traffic engineer to evaluate parking conditions. The proposed business share the site with two other existing uses: The Frame House (2,200 sq. ft.) at 12 N. First Street and a residential unit (1,000 sq. ft.) at 16 1/2 N. First Street. There are seven parking spaces provided on -site including four inside garage. The subject site is situated in downtown area where public parking is conveniently provided for local businesses. Site plan and nearby parking spaces are shown in Exhibit 1. The proposed business is a retail wine and cheese shop that offers wine tasting accompanied by cheese and crackers. It has no plan to serve other food, beer, or K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 235, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com Shared Parking Study Retail Wine and Cheese Store with Wine Tasting At 16 N. First Street, Arcadia July 6, 2011 Page 2 of 4 alcoholic drinks in the premise. The proposed business plans to employ two work shifts with up to three employees in each shift. PARKING REQUIREMENTS The Municipal Codes of the City of Arcadia does not specify the use of wine tasting and retail facility. The functions of this proposed business apparently fall between a bar and retail store. According to the Municipal Codes, the parking requirement for "retail" is five spaces for every 1,000 square feet of gross floor area. The parking requirement for "bar" is ten space per 1,000 square feet of gross floor area. As a conservative approach, the study chooses to apply "bar" use as a worst case scenario. Since the site is located within a 1/4 mile from the Gold Line station, the project's commercial use is entitled to a 25% credit toward the required parking. As shown in Table 1, the proposed project requires thirteen (13) parking spaces. Table 1. Parking Requirements Parking Requirements Project Land Use Bar and similar uses Parking Ratio Per Municipal Codes Ten spaces for every 1,000 square feet of gross floor area Size 1,700 sq. ft. Parking reduction for any commercial use within% mile of a Gold Line Station 25% Parking Demand 12.75 spaces (say 13 spaces) Based on the characteristics of the proposed business, its peak parking demand normally occurs during evening hours between 7 pm and 9 pm. The hourly variations of parking demand are shown in Table 2. K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com Shared Parking Study Retail Wine and Cheese Store with Wine Tasting At 16 N. First Street, Arcadia Table 2. Project Parking Demand by Time -of -Day July 6, 2011 Page 3 of 4 Time-of-Day 12 pm -3pm 4pm -6pm 7pm -9pm 10 pm -12 am Usage Factor Parking Demand 50% 80% 100% 70% 7 10 13 9 PARKING ANALYSIS For this study, K2 Traffic Engineering, Inc. conducted field surveys to observe actual parking usage of the project vicinity in order to determine the adequacy of public parking. Parked vehicles were counted every 30 minutes between 1:00 P.M. and 11:00 P.M. for seven consecutive days in May 2011. Complete survey data can be found in Appendix A. Exhibit 1 shows five parking areas within walking distance of 300 feet from the site. Excluding Area A (for having to cross N. First Street) and Area E (for being further away), there are 66 parking spaces immediately adjacent to the site. Exhibit 2 illustrates parking availability at these immediate impact areas. Peak parking demand occurred at 1:30 PM on Friday when 43 parking spaces were occupied by existing tenants while project demand is seven (7) parking spaces. A combined demand of 50 parking spaces can be sufficiently accommodated by the capacity of 66 parking spaces. SUMMARY Based on the minimum required parking per Municipal Codes, the project would require 13 parking spaces. The site consisting of an existing retail store, a mixed - use residential unit, and the proposed business would require 22 parking spaces combined, as shown in Appendix B. Based on the characteristics of the proposed business, its peak parking demand normally occurs during evening hours when many other retail stores are closed and K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com Shared Parking Study Retail Wine and Cheese Store with Wine Tasting At 16 N. First Street, Arcadia July 6, 2011 Page 4 of 4 parking demand diminished. The shared parking study surveyed adjacent parking areas that offer 66 parking capacity. Peak parking demand occurred at 1:30 PM on Friday when 43 parking spaces were occupied and 23 parking spaces were available for the project. The project demands seven (7) parking spaces during this period of time. Project demands at other time -of -day periods can all be accommodated by the study parking areas. Therefore, the study concludes that parking demand for the proposed business should be sufficiently accommodated by the project site and public parking facilities in the vicinity. Regards, K2 Traffic Engineering, Inc. Jende "Kay" Hsu, T.E. California Licensed TR2285 (Exhibit 1, 2, Appendix A & B) JENDE KAY HSU No, T2285 Exp 6/30/12 RAFF'C'a� K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com t" t ° k, • t , • PACK I NTRANCE FROM' ENTRANCE Lg N. FIRST ST. f. 16 N. FIRST ST, ARCADIA SITE PLAN ' 174 /11 NORTH NOT TO SCALE K2 TRAFFIC ENGINEERING EXHIBIT 1 V ca cts Qi Exhibit 2. Parkin Arcadia Wine Cave ❑ Existing Tenant APPENDIX A. PARKING SURVEY P6084 - Arcadia Wine Cave Parking Study 16 N. First Street, Arcadia Date Day By Weather Thursday 5/19/2011 YW Sunny Area A 8 C D E Impact Zone** 2 1 1 1 2 Zone 1 (= B +C +D) Total (A thru E) CAPACITY 10 8 3 55 45 66 121 3:00 PM 3:30 PM 4:00 PM 4:30 PM 2 2 1 2 3 1 2 2 1 2 4 1 32 29 25 25 31 29 29 30 35 33 28 30 68 64 59 62 29 7:00 PM 7:30 PM 8:00 PM 8:30 PM 3 0 1 24 3 0 1 3 0 1 19 12 28 4 1 11 33 34 34 25 20 13 13 56 56 50 51 11 47 :30 PI 10 :OOPM 10 :30 PM 11:00 PM 1 1 1 6 15 8 Peak Usage Available space during peak usage 39 24 81 27 40 * Peak usage ** Impact Zone 1: Immediate Impact Areas Impact Zone 2: Extended Impact Areas APPENDIX A. PARKING SURVEY P6084 - Arcadia Wine Cave Parking Study 16 N. First Street, Arcadia Date Day By Weather Friday 5/20/2011 YW Sunny Area A 8 C D E Impact Zone ** 2 1 1 2 Zone 1 (= B +C +D) Total (A thru E) CAPACITY 10 8 3 55 45 66 121 3:00 PM 1 2 2 33 32 37 70 3:30 PM 4 1 2 28 34 31 69 4:00 PM 2 2 2 30 27 34 63 4:30 PM 2 1 2 26 27 29 58 27 .7 21 24 7:00 PM 1 3 2 19 38 24 63 7:30 PM 1 2 1 17 35 20 56 8:00 PM 2 1 1 14 39 16 57 8:30 PM 2 2 1 9 28 12 42 :06'P! 10 13 10 :00 PM 10 :30 PM 12 20 11:00 PM 0 0 1 6 8 15 Peak Usage 43 84 Available space during peak usage 23 * Peak usage ** Impact Zone 1: Immediate Impact Areas Impact Zone 2: Extended Impact Areas 37 APPENDIX A. PARKING SURVEY P6084 - Arcadia Wine Cave Parking Study 16 N. First Street, Arcadia Date Day By Weather Saturday 5/21/2011 YW Cloudy Area A B C D E Impact Zone** CAPACITY 2 10 1 1 1 55 2 Zone 1 (= B +C +D) Total (A thru E) 45 66 121 4, 3:00 PM 2 2 1 3:30 PM 4:00 PM 4:30 PM 1 0 1 14 10 4 3 1 8 27 2 2 1 7 31 27 30 46 43 43 42 10 27 27 7:00 PM 7:30 PM 1 2 1 11 40 14 55 * 1 2 1 11 8:00 PM 8:30 PM 1 0 1 9 36 14 51 32 10 43 1 1 9 24 11 37 19 :30? 10:09.P 12 15 11:00 PM 0 0 1 5 12 6 18 Peak Usage 17 55 Available space during peak usage 49 66 * Peak usage ** Impact Zone 1: Immediate Impact Areas Impact Zone 2: Extended Impact Areas APPENDIX A. PARKING SURVEY P6084 - Arcadia Wine Cave Parking Study 16 N. First Street, Arcadia Date Day By Weather Sunday 5/22/2011 YW Cloudy Area A B C D Impact Zone ** 2 1 1 1 CAPACITY 10 8 3 55 1 1 PM .1 3:00 PM 0 2 1 7 3:30 PM 1 2 7 4:00 PM 0 1 2 7 4:30 PM 0 1 2 6 7:00 PM 0 1 2 E Zone 1 (= B +C +D) 2 Total (A thru E) 45 66 121 8 4 4 7 10 10 10 9 18 15 14 16 12__. 4 7:30 PM 1 1 1 6 8:00 PM 1 1 1 7 8:30 PM 0 1 1 7 ► :00 P 10:00 PM 10 :30 PM 25 7 24 32 34 31 8 9 9 32 33 42 43 * 11:00 PM 0 0 1 5 18 13 25 6 19 Peak Usage 14 Available space during peak usage 52 43 78 * Peak usage ** Impact Zone 1: Immediate Impact Areas Impact Zone 2: Extended Impact Areas APPENDIX A. PARKING SURVEY P6084 - Arcadia Wine Cave Parking Study 16 N. First Street, Arcadia Date Day By Weather Monday 5/23/2011 YW Sunny Area A B C D E Impact Zone** 2 1 1 1 2 Zone 1 (= B +C +D) Total (A thru E) CAPACITY 10 55 45 66 121 3:00 PM 1 2 2 14 32 18 51 3:30 PM 1 1 2 18 27 21 49 4:00 PM 0 2 2 19 25 23 * 48 4:30 PM 0 2 2 18 25 22 47 1a 27, 7 8 27 7:00 PM 1 2 1 16 27 19 47 7:30 PM 2 1 1 18 26 20 48 8:00 PM 2 1 1 15 23 17 42 8:30 PM 1 2 1 16 24 19 44 :00 PM PM 14 21 11 2 17 1 0:30 PM 1 11:00 PM 0 0 1 7 13 8 21 Peak Usage 23 55 Available space during peak usage 43 66 * Peak usage ** Impact Zone 1: Immediate Impact Areas Impact Zone 2: Extended Impact Areas APPENDIX A. PARKING SURVEY P6084 - Arcadia Wine Cave Parking Study 16 N. First Street, Arcadia Date Day By Weather Tuesday 5/24/2011 YVV Sunny Area A B C D E Impact Zone ** 2 1 1 1 2 Zone 1 (= B +C +D) Total (A thru E) CAPACITY 10 8 3 J 55 45 66 121 17 0 8, 3:00 PM 1 3 1 17 33 21 55 3:30 PM 0 2 1 15 33 18 51 4:00 PM 2 1 13 35 16 52 4:30 PM 0 2 1 16 33 19 52 7 21 29 7:00 PM 2 2 1 17 25 20 47 7:30 PM 0 1 1 19 27 21 48 8:00 PM 0 2 1 16 25 19 44 8:30 PM 1 1 1 13 28 15 44 P 2 15 2' 10:30 PM 4 11:00 PM 0 0 1 4 12 5 17 Peak Usage 23 60 Available space during peak usage 43 61 * Peak usage ** Impact Zone 1: Immediate Impact Areas Impact Zone 2: Extended Impact Areas APPENDIX A. PARKING SURVEY P6084 - Arcadia Wine Cave Parking Study 16 N. First Street, Arcadia Date Day By Weather Wednesday 5/25/2011 YW Sunny Area A B C D E Impact Zone ** CAPACITY 2 1 1 1 2 Zone 1 ( =B +C +D) Total (A thru E) 10 8 3 55 45 66 121 15 4 1�1 31 19 29 :30 PM 3:00 PM 6 3 2 1 16 32 19 54 3:30 PM 2 0 1 18 31 19 52 4:00 PM 2 1 1 17 30 19 51 4:30 PM 4 1 1 18 30 20 54 14 17 16_ 30 21 14 32 17 15 31 7:00 PM 3 1 1 17 28 19 50 7:30 PM 2 2 16 23 19 44 8:00 PM 2 3 1 16 25 20 47 8:30 PM 1 0 1 16 25 17 43 2 9 :30 P1 25 10 :00 PM 17 37 10:30 PM 19 11:00 PM 1 0 1 5 12 19 Peak Usage 22 55 Available space during peak usage 44 66 * Peak usage ** Impact Zone 1: Immediate Impact Areas Impact Zone 2: Extended Impact Areas Appendix B. Tenant Information & Parking per Code P6084 - Arcadia Wine Tasting Parking 7/5/2011 Address Name Land Use Sq. Ft. Parking Code Parking Reduction Parking Req't 12 N. First Street The Frame House Retail 2,200 5 space per 1000 sf 25% 8 16 1/2 N. First Street Apartment (1 -unit) Mixed -Use Residential 1,000 1.5 spaces per unit N/A 1 16 N. First Street Proposed Retail Wine and Cheese Shop with Wine Tasting Retail/Bar 1,700 10 spaces per 1000 sf 25% 13 Total 4,900 22 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: CUP 11 -11, a wine tasting bar with 1,700 square feet of floor area. 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 16 N. First Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Name 1 Matt Jeng (2) Address I 713 W. Duarte Road #G303, Arcadia, CA 91007 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15303 - a restaurant or similar structure not exceeding 1 2,500 square feet in floor area. f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 14, 2011 Preliminary Exemption Assessment \2010 Staff: Tom Li, Associate Planner FORM "A" 2966- S9L(699) ;XVdh31 LOOI6 VD'VIOVDOV EOM* '0113.L Vf1O'METC IMIS301VLLN301911 1V10213WW03 'ONI `VDIONV a 2 00016 VO'VIOVOLfd '3AV1SL N9L (A1NO Ti) ONLLSV13NIM VIGVD21V /////////////// )))))))N)))) \\\\\\\\\\\\ N WALL LEGEND • FLOOR PLAN(SCALE: 1/4 V-0') PLOT PLAN (SCALE 1/16" = 1•-0 ") PROJECT SUMMARY a PARKING CALCULATION: 0 0 ,b -,B .0 -.0 .0-2 i W --I ki ell i w0 gH c U u_ 0 Z ` ,0'.0 2 s . ,-, .?...KC Jn 0. �w 'I =, Z O 3Z z� ❑ ❑Z ❑ ❑ w o co 6 W ? (N) WINE RACK OOO OOO &-}0 00 w 0 6 0 0 O O F-1 O O OOO & O—I ctW .0 WALL LEGEND • FLOOR PLAN(SCALE: 1/4 V-0') PLOT PLAN (SCALE 1/16" = 1•-0 ") PROJECT SUMMARY a PARKING CALCULATION: 0 0 MINUTES ARCADIA PLANNING COMMISSION Tuesday, August 9, 2011, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, August 9, 2011, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Baerg presiding. PLEDGE OF ALLEGIANCE Chairman Baerg led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg ABSENT: None OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Associate Planner, Tom Li Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama directed the Commissioners' attention to a revised list of conditions of approval and an email message of opposition, both relating to Item 1, Conditional Use Permit application CUP 11 -13. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING MATTERS — Five - minute time limit per person There were none. PUBLIC HEARINGS t CONDITIONAL USE PERMIT NO. CUP 11 -13 23 W. Foothill Boulevard Craig Hammer Commissioner Baderian recused himself from deliberations on this item and left the Council Chambers to avoid a possible conflict of interest as his residence is within 500 feet of the project site as specified by the Fair Political Practices Commission. The applicant is requesting a Conditional Use Permit to convert an existing 4,341 square - foot church and a 565 square -foot religious education center into a child care and education center (d.b.a. Serendipity) for a maximum of 97 children. RECOMMENDATION: Conditional Approval RESOLUTION NO. 1841 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 11 -13 for a 4,906 square -foot child care and education center for a maximum of 97 children at 23 W. Foothill Boulevard. RECOMMENDATION: Adopt Associate Planner, Tom Li, presented the staff report. Commissioner Parrille asked if the parking lot would be restriped. Mr. Li said there are presently no plans for restriping but, if necessary, the applicant will work with the City Engineer to work out any necessary changes. Commissioner Beranek asked about the mandated change. Mr. Li explained that the change is to enclose the entire parking area at the rear of the buildings to provide a secure play area, which is required by State regulations. Gates will provide access for emergency purposes only. The Public Hearing was opened. Chairman Baerg asked if anyone would like to speak in favor of this project. Ms. Lana Shifflet, Director of Serendipity, pointed out that the asphalt surface on the playground which provides emergency access per Fire Department regulations will be retained, but other areas will eventually be replaced with wood chips or sand. Commissioner Beranek asked if the playground will extend from the rear of the building to the rear property line and Ms. Shifflet confirmed that it will. Chairman Baerg asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner PerriIle, seconded by Commissioner Beranek to close the Public Hearing. Without objection the motion was approved. Commissioner Beranek asked if the new requirement meant that the Resolution presented could not be adopted at this meeting. Mr.Kasama explained that the Commission could adopt the Resolution with amendments. PC MINUTES 8-9-11 Page 2 MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Parrille to approve Conditional Use Permit No. 11 -13 subject to the revised conditions presented by staff and to adopt Resolution No. 1841 as amended. ROLL CALL AYES: Commissioners Beranek, Chiao, Parrille and Baerg NOES: None ABSTAIN: Commissioner Baderian There will be a five working day appeal period after the adoption of the Resolution. Commissioner Baderian rejoined the meeting. CONSENT ITEMS 2. RESOLUTION NO. 1840 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 11 -05 for a 1,700 square -foot martial arts studio with a maximum of one instructor and 25 students at any one time at 8 E. Duarte Road. RECOMMENDATION: Adopt There will be a five working day appeal period after the adoption of the Resolution. 3. MINUTES OF JULY 26, 2011 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Baderian, to adopt Resolution No. 1840 and to approve the minutes of July 26, 2011, as submitted. ROLL CALL: AYES: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg NOES: None MATTERS FROM CITY COUNCIL & PLANNING COMMISSION There were none. MODIFICATION COMMITTEE AGENDA Chairman Baerg reported that the Modification Committee meeting was cancelled. PC MINUTES 8 -9-11 Page 3 MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama said that the next agenda will include a General Plan Amendment and Zone Change for 650 W. Huntington Dr. as the owners are considering a residential project instead of medical offices. The agenda will also include a Conditional Use Permit for a wine bar at 16 N. First Ave and a Conditional Use Permit for the Presbyterian Church on First Ave. to add a music school and possibly use an old house as a staff residence. ADJOURNED ATTEST: Secretary, Planning Commission 7:17 p.m. Chairman, Planning Commission PC MINUTES 8-9-11 Page 4