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HomeMy WebLinkAboutItem 1aSTAFF REPORT DATE: TO: FROM: Development Services Department April 9, 2013 Honorable Chairman and Planning Commission Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: CONDITIONAL USE PERMIT NO. CUP 12 -16 TO AMEND AN EXISTING CONDITIONAL USE PERMIT (CUP 01 -028) TO APPROVE THE SERVING OF MEALS AND THE USE OF THE REAR OUTDOOR PATIO AREA AT THE EXISTING COFFEE SHOP AT 203 S. FIRST AVENUE. Recommendation: Conditional Approval SUMMARY The applicant, Ms. Helen Wang, submitted Conditional Use Permit Application No. CUP 12 -16 to amend an existing Conditional Use Permit (CUP 01 -028) for the expansion of the existing 700 square -foot coffee shop to include meal service and the use of a 900 square -foot rear outdoor patio area at 203 S. First Avenue. An aerial photo and photos of the site are attached. It is recommended that the Planning Commission approve this application, subject to the conditions listed in this staff report. BACKGROUND APPLICANT: Ms. Helen Wang, Business Owner LOCATION: 203 S. First Avenue REQUEST: Conditional Use Permit No. CUP 12 -16 to amend an existing Conditional Use Permit (CUP 01 -028) for the expansion of an existing coffee shop to include meal service and to use a rear outdoor patio area. SITE AREA: FRONTAGES: 22,670 square feet (0.52 acre). The subject space is a 700 square -foot commercial unit with a 900 square -foot rear outdoor patio. The site has a 160 -foot frontage along First Avenue, a 141 -foot frontage along Bonita Street, and a 141 -foot frontage along a southerly alley. The subject commercial space has a 28 -foot frontage along First Avenue. EXISTING LAND USE & ZONING: The site is developed with five, one -story commercial buildings totaling 10,238 square - feet, and is zoned MU, Mixed Use. The parking area has been recently restriped to provide 17 on -site parking spaces. SURROUNDING LAND USES & ZONING: North: Photography Studio, zoned MU South: Vacant commercial building, zoned MU East: Pet Grooming, Chiropractor, and Bookstore, zoned MU West: Multiple - Family Residential, zoned R -3 GENERAL PLAN DESIGNATION: Mixed Use (22 -30 du /ac & 1.0 FAR) — The Mixed Use designation provides opportunities for commercial and residential mixed -use development that takes advantage of easy access to transit and proximity to employment centers, and that provide complementary mixes of uses that support and encourage pedestrian activity. On November 13, 2001, the Planning Commission approved Conditional Use Permit No. CUP 01 -028 (Resolution No. 1663 — attached) for the subject 700 square -foot coffee house. The approval allows up to 12 outdoor seats in the private property area in front of the building, but did not include the use of the 900 square -foot rear outdoor patio area. Also, the approval did not include the serving of any meals. The serving of meals and use of the patio area are considered an expansion of the coffee house, which must be approved by the Planning Commission through an additional application and noticed public hearing. DISCUSSION The applicant is requesting approval of a Conditional Use Permit to allow the expansion of an existing 700 square -foot coffee house to serve meals and to use a 900 square - foot rear outdoor patio area. A Site Plan and the Proposed Floor Plan are attached. Cooking equipment is limited to a Panini press and a microwave oven. Salads, sandwiches, and wraps are served as meal items. Outdoor seating in the rear patio area consists of three (3) picnic benches, and a small table, that would accommodate approximately 22 patrons. This is in addition to the existing 18 indoor seats, and the six (6) outdoor seats in front of the building along First Avenue. The coffee house is open 6:30 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 6:30 p.m. on Saturday. CUP 12 -16 203 S. First Avenue April 9, 2013 Page 2 of 6 Parking There are 17 on -site parking spaces and one (1) loading space at this property that are shared among the six (6) commercial spaces. Parking modifications have been granted to allow the existing uses, which otherwise would require 55 on -site parking spaces per Code. Therefore, according current parking requirements, there is an existing parking deficiency of 38 parking spaces. The required parking for a coffee house is ten (10) spaces per 1,000 square -feet of gross floor area. Since the proposed use of the outdoor patio area would not increase the gross floor area, it would not necessarily require additional parking per Code. Although there is a parking deficiency per Code, the proposed expansion is a desirable incidental use for the existing coffee house, and is not expected to generate a significant amount of additional traffic. Staff has also visited the site several times during weekday business hours, and found the parking lot to be underutilized with over 50- percent of the parking spaces unoccupied. However, this is because two of the units, totaling 5,500 square feet, are currently vacant. The parking lot has recently been restriped to current code standards. For the subject proposal, the following conditions of approval are recommended to address deficiencies at this property: • A trash and recyclables enclosure shall be provided in the rear parking lot area. • The existing damaged driveway approach off of Bonita Street shall be repaired or replaced to the satisfaction of the City Engineer. 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. Based on the proposal and the recommended conditions of approval, this project satisfies the prerequisite conditions: 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 coffee house is consistent with the zoning and land use designation of the site and area, and with certain conditions will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A coffee house is allowed in the MU zones with an approved Conditional Use Permit per Section 9268.10 of the Arcadia Municipal Code. CUP 12 -16 203 S. First Avenue April 9, 2013 Page3of6 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 and the parking availability, this site is adequate for the proposed project. 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 expanded activity at the coffee house will not significantly increase traffic, and the surrounding streets are all adequate for more than the type of traffic expected to be generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The coffee house is a commercial use that is consistent with the General Plan Land Use Designation of the site. 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. ENVIRONMENTAL DOCUMENT If it is determined that no significant physical alterations to the site are necessary, then this project, as a conversion of an existing facility is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. PUBLIC COMMENTS /NOTICE Public hearing notices of Conditional Use Permit Application No. CUP 12 -16 were mailed on March 28, 2013 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. RECOMMENDATION AND ACTION Approval It is recommended that the Planning Commission grant Conditional Use Permit No. CUP 12 -16 subject to the following condition; 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: CUP 12 -16 203 S. First Avenue April 9, 2013 Page 4 of 6 1. The business hours of the coffee house shall be limited to 6:30 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 6:30 p.m. on Saturday. 2. Food items served as meals shall be limited to salads, sandwiches, and wraps. 3. A trash and recyclables enclosure shall be provided in the rear parking lot area. The design, size, and location of the enclosure shall be approved by the Development Services Department. 4. The existing damaged driveway approach off of Bonita Street shall be repaired or replaced to the satisfaction of the City Engineer. 5. The use approved by CUP 12 -16 is limited to the coffee house, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -16. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the coffee house. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of CUP 12 -16 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. CUP 12 -16 203 S. First Avenue April 9, 2013 Page 5 of 6 Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 12 -16; 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 April 9, 2013 public hearing, please contact Associate Planner, Thomas Li at (626) 574 -5447, or tli @ci.arcadia.ca.us. Approved: Jim Kasams, Community Development Administrator Attachments: Aerial Photo with Zoning Information Photos of Subject Property 300 -foot Radius Map Site Plan and Floor Plan Preliminary Exemption Assessment Resolution No. 1663 CUP 12 -16 203 S. First Avenue April 9, 2013 Page 6 of 6 First Avenue Middle School 79044 Ott ESPRESSO DRINK n • A. "OVVICHES • Front view of the subject coffee house View of the rear outdoor patio area View of the driveway and parking area from the alley View of the driveway and parking area from Bonita Street 1, ore SUE MORENO Min) (626) 350-5944 OWNERSHIP 1 OCCUPANTS UST RADIUS MAPS • LAND USE • PLANS MUNICIPAL COMPLIANCE CONSULTING 12106 LAMBERT AVE.EL MONTE, CA 91752 - FA7((826)35O-1532 PROJECT INFORMATION 203 S. 1 ST ST. ARCADIA, CA. 11 -277 SCALE 1" =150' FiR r Avg PLA/,‘ iS � VP -2 ,)) ? ki Y -J A. i!""'spey 4) r , 0 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) I. Name or description of project: CUP 12 -16 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): 203 S. First Ave. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Helen Wang (2) Address 203 S. Frist Ave. 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. 0 Applicable Exemption Class: 15301 - Existing Facilities 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: 3/7/13 Preliminary Exemption Assessment\2011 Staff: Thomas Li, Associate Planner FORM "A" RESOLUTION NO. 1663 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 01 -028 FOR A 700 SQUARE FOOT COFFEE HOUSE AT 203 S. FIRST AVENUE. WHEREAS, on October 1, 2001, an application was filed by Ms. Helen Wang and Mr. Matt Vantuch for a coffee house with indoor and outdoor seating; Development Services Department Case No. CUP 01 -028, at 203 S. First Avenue, more particularly described as follows: Lots 18, 19 & 20 in Block 66 of a part of the Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 15, Pages 89 & 90 of Miscellaneous Records, in the Office of the County Recorder of Said County. WHEREAS, a public hearing was held on November 13, 2001 at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report dated November 13, 2001 is true and correct. SECTION 2. This Commission finds: 1. That the granting of the Conditional Use Permit will not be detrimental to the public health or welfare, nor injurious to the property or improvements in the zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 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. 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. 5. That the subject property is designated for commercial use in the General Plan, that the proposed use is consistent with that designation, and that the granting of the Conditional Use Permit will not adversely affect the comprehensive general plan. 6. That the evaluation of the environmental impacts as set forth in the initial study are appropriate and that the project will have no significant effect upon the environment within the meaning of the Califomia Environmental Quality Act of 1970, and, when considering the project as a whole, there was no evidence before the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and therefore, a Negative Declaration was approved. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 01 -028 for a 700 square foot coffee house in the retail building at 203 S. First Avenue, subject to the following conditions: 1. The use approved by CUP 01 -028 is limited to a 700 square foot coffee house with tables and chairs that shall be arranged in compliance with the Building and Fire Codes. The coffee house shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 01 -028. This approval does not include the serving of any meals, nor any entertainment activities. Such activities may be considered an expansion of the coffee house use, which must be approved by the Planning Commission through an additional application and noticed public hearing. 2. The outdoor seating and tables shall be limited to the private property area in front of the building along First Avenue and shall comply with the City's Incidental Outdoor Dining Regulations, which allows seating for 12 patrons or less. -2- 1663 • 3. This approval of CUP 01 -028 does not include any use of the rear patio area. Use of the patio area may be considered an expansion of the coffee house, which must be approved by the Planning Commission through an additional application and noticed public hearing. 4. The hours of operation are limited to 6 :00 a.m. to 10:00 p.m. on Sundays through Thursdays, and 6:00 a.m. to 12:00 midnight on Fridays and Saturdays. 5. The back door shall remain closed after 9 :00 p.m: to reduce the potential for nuisances to the nearby residents. 6. This approval of CUP 01 -028 includes a parking modification only for the 700 square foot coffee house and is not an approval of a general reduction of the parking requirements for the retail building or the site. 7. The rear parking area shall be striped in accordance with the City's parking regulations. 8. A trash enclosure shall be provided in accordance with the zoning regulations. 9. All conditions of- approval shall be complied with prior to opening of the coffee house. Noncompliance with the plans, provisions and conditions of approval for CUP 01 -028 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the coffee house. 10. Approval of CUP 01-028 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of November 13, 2001. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. -3- 1663 • 1 HEREBY CERTIFY that this Resolution No. 1663 was adopted at a regular meeting of the Planning Commission held on November 13, 2001, by the following vote: AYES: Commissioners Huang, Olson and Kalemkiarian NOES: None ABSENT: Commissioners Baderian and Murphy Chai ' , Planning Commission City of = • is ATTEST: jfr rte Secretary, Plannin �mmission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney City of Arcadia . q_ 1663