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HomeMy WebLinkAboutItem 1STAFF REPORT Development Services Department DATE: March 12, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT APPLICATION NO. CUP 12 -19 WITH A PARKING MODIFICATION FOR A NEW 1,339 SQUARE -FOOT, BREAKFAST AND SPECIALTY BEVERAGE RESTAURANT WITH SEATING FOR 30 CUSTOMERS WITHIN AN EXISTING COMMERCIAL CENTER AT 713 W. DUARTE ROAD, UNIT A. Recommendation: Conditional Approval SUMMARY The applicant is requesting a Conditional Use Permit with a parking modification to open a Chinese restaurant which will serve breakfast and specialty beverages with seating for 30 customers at 713 W. Duarte Road, Unit A, which is part of an existing strip - commercial center — see the attached aerial photo, site plan, and photos of the site. It is recommended that the Planning Commission approve this application, subject to the conditions listed in this staff report. BACKGROUND APPLICANT: Nick Wang LOCATION: 713 W. Duarte Road, Unit A REQUEST: A Conditional Use Permit with a parking modification for a new 1,339 square -foot, breakfast and specialty beverage restaurant with seating for 30 customers within an existing commercial center. SITE AREA: 36,599 square -feet (0.84 acre) FRONTAGE: 197 feet along W. Duarte Road EXISTING LAND USE & ZONING: The site is developed with a 10,189 square -foot, strip - commercial center built in 1987 that is divided into eight units. There are 53 on -site parking spaces. The site is zoned C -2, General Commercial. SURROUNDING LAND USES & ZONING: North: Multiple - family residences, zoned R -3 South: The Hub Shopping Center, zoned C -2 East: IHOP restaurant and bank, zoned C -2 West: U.S. Post Office and office building, zoned C -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) — The Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation 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. DISCUSSION The applicant is proposing a restaurant in a 1,339 square -foot commercial unit that was formerly occupied by a retail business, Arcadia Cleaners. The restaurant will serve breakfast and specialty beverages. The proposal is to use the front 393 square -feet of the unit as a dining area with 30 seats for customers. The remaining portion of the unit will be used for cooking, food storage, and a cashier station — see the attached floor plan. No changes are proposed to the exterior of the subject unit, except for signage. The proposed restaurant will be operated by three employees at the time of opening and may expand to as many as five employees in the future as the business prospers. The business will be open daily from 6:00 a.m. to 6:00 p.m., but the majority of the customers are expected to patronize the business in the morning hours. The proposed restaurant will be the third location in the San Gabriel Valley that the applicant will have opened. The other locations are in San Gabriel and Hacienda Heights and are thriving businesses. The applicant plans to serve breakfast; specializing in Chinese pastries and soy beverages. The name for this restaurant is Si Hai, or Four Sea. Parking The proposed 1,339 square -foot restaurant is required to have ten parking spaces per 1,000 square -feet of gross floor area, which results in a parking requirement of 13 CUP 12 -19 713 W. Duarte Road, Unit A March 12, 2013 — Page 2 of 8 spaces. The other seven units in the subject commercial center have a combined total floor area of 8,850 square feet, and consist of retail, general office, and three restaurants. Two of the restaurants are subject to CUPs (Unit F — CUP 97- 004 /Reso. 1547 & Unit H — CUP 89- 016 /Reso. 1424). The third restaurant located in Unit C has less than 1,500 square -feet of floor area and does not have more than 12 seats, and is therefore not required to have a CUP and the parking requirement is the same as for retail uses. The parking requirement for retail uses is five spaces per 1,000 square feet of gross floor area, and for general office uses it is four spaces per 1,000 square feet of gross floor area. The five general office and retail units (including the restaurant in Unit C) are required to have a combined total of 32 parking spaces. The proposed restaurant and the two existing restaurants in Units F and H are each required to provide parking at the rate of ten spaces per 1,000 square -feet of gross floor area. Their combined parking requirement is 39 spaces. With the proposed restaurant, the total parking requirement for this strip - commercial center is 68 spaces, which results in a parking deficiency of 15 spaces. Additionally, parking availability will be reduced by one space because the parking lot will be re- striped and reconfigured to provide two handicap parking spaces to comply with current accessibility requirements. This will increase the parking deficiency to 16 spaces. To address this parking deficiency, a parking consultant was retained by the applicant to survey and analyze the existing and future parking conditions at the site. The survey recorded the use of the parking spaces on an hourly basis during business hours, and found that during the peak hour at 12:30 p.m. the parking lot was only 75% full on week days and 62% full on weekends. The survey indicates that there is adequate parking to accommodate the proposed restaurant. However, 2,755 square -feet (Units B and E) are currently vacant, and the occupancy of these units with their 14 -space parking requirement, could significantly affect the availability of on -site parking. The parking survey identified that over half of the persons currently using the parking lot are employees and patrons of the adjacent post office, office building, IHOP restaurant, and bank. There are no parking agreements with these neighboring properties and there are two existing signs posted that state that the parking on site is reserved for the customers of the subject property. Additional signage in accordance with parking enforcement requirements should alleviate this situation. To reduce the parking impact that the proposed restaurant could have on the site, staff proposes that the following measures be implemented: 1) Signs shall be placed at each access point and elsewhere as required to clearly state that this parking lot is only for the employees and customers of the subject property and that violators will be towed. 2) A security guard shall be provided by the property owner during the busiest hours (10 a.m. to 2 p.m.) for at least three months (this is subject to adjustment and extension if deemed necessary by the Community Development Administrator). The security guard's duties shall include enforcing the posted parking restrictions. CUP 12 -19 713 W. Duarte Road, Unit A March 12, 2013 — Page 3 of 8 3) The parking spaces in front of Unit G (UPS Store) and Unit F (a cafe) shall be designated for short-term parking (e.g., 20 minutes). 4) Written notice shall be provided by the property owner to the adjacent businesses and property owners to inform them that their use of the parking lot must stop immediately. With the prescribed measures, unauthorized users should stop using the parking lot and there will be adequate parking to accommodate the proposed restaurant and future tenants. The restaurant will be using commercial kitchen equipment, and therefore, must comply with the Best Management Practices for restaurants prescribed by the National Pollutant Discharge Elimination System (NPDES) Program of the Clean Water Act. Also, if there are to be certain types of equipment that discharge or exhaust into the atmosphere, the facility may be subject to review for compliance with the applicable rules established by the South Coast Air Quality Management District (SCAQMD). All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, 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. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval. Code Services Officers have identified several signs on the property that have been installed without design review approval and /or permits. All of the signs on the property must be in compliance with the requirements of the Arcadia Municipal Code before the proposed restaurant can open. 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 restaurant is consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the C -2, General Commercial Zone, a CUP 12 -19 713 W. Duarte Road, Unit A March 12, 2013 — Page 4 of 8 restaurant is allowed with an approved Conditional Use Permit per Section 9275.1.53.5 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Based on the proposal, the ease of on -site circulation and the projected parking availability with the parking measures in place, the site is adequate for the proposed restaurant. 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 proposed restaurant will not significantly increase the traffic that is expected at this location, which fronts on W. Duarte Road. This street and the other streets around this center (Baldwin Avenue, Arcadia Avenue, and Golden West Avenue) are adequate for the type of traffic that is to be generated by this use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. The proposed restaurant satisfies each prerequisite condition. ENVIRONMENTAL ANALYSIS This project, as a conversion of an existing small structure from one use to another 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. PUBLIC NOTICE /COMMENTS Public hearing notices for CUP 12 -19 were mailed on March 1, 2013 to the property owners and tenants of those properties that are located within 300 feet of the subject property — see the attached radius map. Pursuant to the provisions of the California Environmental Quality Act (CEQA) the conversion of the existing 1,339 square -foot retail unit to a restaurant is Categorically Exempt under Section 15303 of the CEQA Guidelines. Therefore, the public hearing notice was not published in a local newspaper. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit Application No. CUP 12 -19, subject to the following conditions: 1. Signs shall be placed at each access point and elsewhere as required to clearly state that the onsite parking is only for the employees and customers of the subject CUP 12 -19 713 W. Duarte Road, Unit A March 12, 2013 — Page 5 of 8 property and that violators will be towed. The specific locations and language used on the signs shall be approved by the Community Development Administrator or designee. 2. A security guard shall be provided by the property owner on a daily basis during the busiest hours (to be determined by the Community Development Administrator or designee) for at least three months, and longer if deemed necessary by the Community Development Administrator. The security guard shall assist with the enforcement of the posted parking restrictions. 3. Certain parking spaces directly in front of the shops (locations and numbers to be determined by the Community Development Administrator or designee) shall be designated as short-term parking (length of time to be determined by the Community Development Administrator or designee) and are to be adjusted when tenants change. 4. Written notice shall be provided by the property owner to the adjacent businesses and property owners to inform them that their use of the parking lot must stop immediately. 5. The parking lot shall be re- striped to comply with current accessibility regulations and with the City of Arcadia Building and Zoning codes. 6. Business hours shall generally be from 6:00 a.m. to 6:00 p.m., daily. 7. Restaurant employees shall be limited to a maximum of five. 8. The restaurant shall be connected to the sewer through the use of a grease interceptor, subject to the satisfaction of the Arcadia Public Works Department. 9. The Best Management Practices (BMPs) required of restaurants shall be complied with to the satisfaction of the Public Works Services Director, or designee. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by all City, County, regional, State, and federal agencies having jurisdiction for compliance with any applicable regulations. 10. All of the signs on the property must be in compliance with the requirements of the Arcadia Municipal Code before the proposed restaurant can open. 11. The use approved by CUP 12 -19 is limited to a restaurant that shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 12 -19, 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, rights -of -way, and /or the neighboring businesses or properties. CUP 12 -19 713 W. Duarte Road, Unit A March 12, 2013 — Page 6 of 8 12. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, 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. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval. 13. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -19 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 14. 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. 15. Approval of CUP 12 -19 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 proposal, the Commission should move to approve Conditional Use Permit No. CUP 12 -19; 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. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 12 -19; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a CUP 12 -19 713 W. Duarte Road, Unit A March 12, 2013 — Page 7 of 8 resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the March 12, 2013 public hearing, please contact Assistant Planner, Nick Baldwin by calling (626) 574 -5444, or by email to nbaldwin(c�ci.arcadia.ca.us. Approved: Jim,4Kasama Community Development Administrator Attachments: Aerial Photo with Zoning Information Site Plan and Floor Plan Photos of the Site Preliminary Exemption Assessment 300 -foot Radius Map CUP 12 -19 713 W. Duarte Road, Unit A March 12, 2013 — Page 8 of 8 (E) ELECTRICAL ROOM U w Q co Q m 0 IX (/) 0 W I- '- ( 0 W C 2 = O W = 0 M Ca OZ 9 n U w U N 7 ,440J n 3 o CI CI w W 0 O CO DUARTE ROAD. G rTTr 111 AR1 ".7==9:1STING .it..D 1 OP IMERICR WALL MS MINOR Visa OT) ZS NIPPER WAIL I 'I'd I T1:I T■ ■l■ KITCHEN PEER 2011 SQ. FT. / \ / 1---/ RTYPS REMO _J %MK TABLE 1 ioo 04 RIO 1 L J L L -1 4 nal DS OM CIVID-4P0 nnp DI al 13/16".1'-nd 713 W. Duarte Rd., Subject Property 713 W. Duarte Rd., Subject Property, Unit A, Site of the Proposed Restaurant 713 W. Duarte Rd., Subject Property, Units A through D 713 W. Duarte Rd., Subject Property, Units D through H 713 W. Duarte Rd., Subject Property, View of Parking Lot from West Entrance on Duarte Rd. View of Parking Lot on Subject Property from IHOP Parking Lot Post Office and Office Building to the West of the Subject Property IHOP Restaurant to the East of the Subject Property Bank to the East of the Subject Property 90. The Hub to the South of the Subject Property CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Conditional Use Permit No. CUP 12 -19, restaurant with seating for 30 customers in a 1,339 square -foot unit within an existing commercial center. 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): 713 W. Duarte Road (Cross street — Baldwin Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name ' Nick Wang (2) Address 2103 S. 7'h Ave., 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. e. C. The project is categorically exempt. Applicable Exemption Class: 1 15303(c), Class 3 (New construction or conversion of small structures). 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: March 1, 2013 Preliminary Exemption Assessment\2010 Staff: FORM "A" EZ MAPPING SERVICES Tel: (626)241-5151 E-Mail: ezmapping@yahoo.com Address: PO Box 661464 Arcadia CA 91066 Project Address: 711 W DUARTE RD., ARCADIA CA 91007 Scale: 1"=200' zw• 5