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„,a,�y°tom°� STAFF REPORT
Development Services Department
DATE: January 14, 2014
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Associate Planner
SUBJECT: A one-year extension request for Conditional Use Permit No. CUP 73-16
for a restaurant at 251 N. Santa Anita Avenue.
Recommendation: Approval
SUMMARY
The property owner is requesting a one-year extension of Conditional Use Permit No.
CUP 73-16 for a restaurant at 251 N. Santa Anita Avenue — see attached letter dated
November 19, 2013. The Development Services Department is recommending approval
of the requested time extension.
BACKGROUND
On October 8, 1973, Conditional Use Permit No. CUP 73-16 was approved by the
Planning Commission to open a restaurant at 251 N. Santa Anita Avenue — see the
attached site plan, floor plan, and Resolution No. 842. On March 22, 1983, the Planning
Commission approved an amendment to this Conditional Use Permit to extend the
operating hours — see attached Resolution No. 1234. A restaurant had been in
continuous operation at this building since the original Conditional Use Permit was
approved until January of 2013 when Domenico's Restaurant ended their operations at
this location.
A Conditional Use Permit remains valid for one year after the closing of a business, at
which time a new tenant is allowed to open, provided they can comply with the
conditions of the Conditional Use Permit. The property owner submitted the attached
letter dated November 19, 2013 to request a one-year time extension for Conditional
Use Permit No. CUP 73-16 to remain active. The letter states that due to the poor
economy, the property owners had been unable to secure a replacement tenant for this
location. Since the extension request was submitted, the property owners have found a
potential tenant to open a new restaurant. Villa Catrina Mexican Restaurant & Cantina
has submitted a business license that is now being reviewed and approvals are pending.
The property owners are still requesting an extension to the Conditional Use Permit in
case the prospective tenant falls through.
ANALYSIS
Section 9275.2.14 of the Arcadia Municipal Code requires Planning Commission
approval for a time extension based upon justifiable cause. It is staffs opinion that there
is adequate cause for an extension. The property owners have been actively seeking a
new restaurant to fill this vacancy, and approval of this extension will give them a
reasonable amount of time to try and secure a new tenant. Staff is not aware of any
issues with the subject property or previous restaurants that operated at this site that
would warrant reconsideration of the Conditional Use Permit by the Planning
Commission.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this request, the Commission should
move to approve a one-year time extension of Conditional Use Permit No. CUP 73-16
based upon findings that the facts and circumstances of the Conditional Use Permit
approvals are substantially unchanged, and that there is justifiable cause for an
extension.
Denial
If the Planning Commission intends to deny this request, the Commission should move
to deny the one-year time extension of Conditional Use Permit No. CUP 73-16 based
upon a finding that the facts and circumstances of the approvals have substantially
changed, or that there is not justifiable cause for an extension.
If any Planning Commissioner or other interested party has any questions or comments
regarding this matter prior to the January 14, 2014 meeting, please contact Associate
Planner, Tim Schwehr at (626) 574-5422 or at tschwehr @ci.arcadia.ca.us.
Approved by:
Jim/ ama
C•mmunity Development Administrator
Attachments: Extension Request
Site Plan and Floor Plan
Resolution No. 842
Resolution No. 1234
One-Year Extension Request—CUP 73-16
251 N. Santa Anita Avenue
January 14, 2014— Page 2
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DRAKE FINANCIALLLc
PO Box 40035
Pasadena, California 91114 November 19, 2013
Mr. Jim Kasama
City of Arcadia
Community Development Administration
240 W. Huntington Drive 11
Arcadia, California 91007
NOV 2 ;
,11
RE: 251 N. Santa Anita Avenue
J 4;0,EZ
Dear Mr. Kasama: C -
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On behalf of Drake Financial,LLC and for the old Domenico's Restaurant, located at 251
N. Santa Anita Avenue we are hereby requesting a one-year extension for the restaurant's
current CUP (Conditional Use Permit).
As you are aware Domenico's Restaurant, after decades of operation, closed its operation
in January of 2013 and despite our best efforts, the space still remains vacant. We have
continued to market and to show the space but due to the present duress of the economy
we have not yet found a suitable tenant to date. Its continued use as a restaurant is
enhanced by the current CUP. However,we have been told that the present CUP will
expire after January 2014. Hence we are requesting a one-year extension on the current
CUP.
We thank you and hope we will be able to re-let the space as a restaurant as soon as
possible.
Sincerely,
016Q-1,71117/%4-114"
Ronald ills for Drake Financial, LLC
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RESOLUTION NO. 842
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ARCADIA GRANTING A
CONDITIONAL USE PERMIT FOR A RESTAURANT
AT 251 NORTH SANTA ANITA AVENUE.
WHEREAS, on October 29, 1973, Cask 'N Cleaver Restaurants
with Jonan Industries filed an application for a conditional use
permit to use an existing commercial building for a restuarant,
Planning Department Case No. C.U.P. 7.3-16, on the property commonly
known as 251 North Santa Anita Avenue, more particularly described
as follows:
Parcel 1 : Commencing at the southeast corner
of Lot 2, Tract No. 949 in the City of Arcadia,
County of Los Angeles, State of California,
thence north 69.14 feet, thence west on the
south line of St. Joseph Street to a point east
thereon 60 feet from a line parallel with and
distance east at right angles 203 feet from the
west line of said lot, thence south parallel
with said west line to the southeast line to
said lot, thence northeast thereon to beginning
part of, containing 1.03 acres, more or less; and
Parcel 2: Commencing at the southeast corner
of Lot 2, Tract 949 in the City of. Arcadia,
County of Los Angeles, State of California,
thence south on the west line of Santa Anita
Avenue 165.36 feet, thence north• 89°53'42"
west 291.08 feet, thence north 1°03'43" west
5.96 feet, thence northeast on the southeast
• line of said lot to beginning, containing 0.55
acres, more or less.
WHEREAS, a public hearing was held on said matter on
January 8, 1974, 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:
-1- 842
III . .
SECTION 1. The subject site is zoned C-M and developed
with commercial and industrial uses. The property to the north is
zoned C-M and M-1 and is developed with industrial uses and the
Arcadia Animal Hospital; property to the west is developed with a
school bus yard and zoned M-1; property to the south is zoned C-1 & D
and developed with the Pacific Telephone Building; property to the
east is zoned C-C D & H and is developed with the Arcadia Lumber Yard.
The buildings on this site wereconstructed under M-1 zoning and meet
the minimum parking requirement of two space's per 1,000 square feet
of gross floor area. In May 1972 the zoning was changed from
M-1 to C-M.
The subject site has a width of approximately 228 feet
and a depth of 291 feet or approximately 66,348 square feet. The
site contains three buildings with a total of approximately 28,000
square feet. On-site uses consist of commercial and industrial uses
in addition to a Blue Chip Stamp Redemption Center which occupies
the most southerly building on the site. On-site parking will
consist of 78 spaces shared by all occupants on the site.
The applicants propose to minimize the parking problem
by limiting the operating hours of the various uses. The property
owner will require all business in the northern buildings to close
at 5 p.m. , while the restaurant's operating hours would be from
5 p.m. to 2 a.m. , Monday through Saturday and 4 p.m. to 2 a.m. on
Sunday. By offsetting the hours of operation the parking deficiency
should be reduced from 56 spaces to 11 spaces during the day for
the existing commercial and industrial uses and the restaurant
would not have a parking deficiency by using the entire parking
-2- 842 .
area in the evening.
The front of the existing structure will be remodeled by
removing the large glass windows and recessing the entrance 18 feet
into the building. The recessed area is to be 18 feet by 44 feet.
The exterior building face will be surfaced with cedar planks and
have a trellis structure extending forward to the property line.
SECTION 2. This Commission finds that:
1. The granting of a conditional use permit as herein-
after' provided will not be detrimental to the public health or
welfare or injurious to the property or improvements in such zone
or vicinity.
2. The use applied for at the location indicated is
properly one for which a conditional use permit is authorized.
3. The site .for the proposed use is adequate in size
and shape to accommodate said use, and all yards, parking, loading,
landscaping and other features required to adjust said use with
the land and uses in the neighborhood.
4. The site abuts streets and highways adequate in
width and pavement type to carry the kind of traffic generated by
the proposed use.
5. The granting of such conditional use permit will not
adversely affect the General Plan.
SECTION 3. That for the foregoing reasons, subject to
approval of the City Council, this Commission grants a conditional
use permit for the use of said property for a restaurant upon the
following conditions:
r3- 842
c
M1. The property shall be improved and maintained in
accordance with the plans which are on .file in the subject case No.
C.U.P. 73-16.
2. Water service meter shall be approved by Water
Department.
3. The hours of operation of the' restaurant shall be
limited to the hours from 5 p.m. to 2 a.m. Monday through Saturday
and from 4 p.m. to 2 a.m. on Sunday. All other businesses on this
site shall close at 5 p.m.
4. Seating capacity shall not exceed 160 people.
5. The exterior of the restaurant building shall comply
with all plans submitted to the Planning Department.
6. All roof mounted mechanical equipment shall be
screened from view.
7. All signs shall comply with code.
8. Plans showing screening of all trash containers
shall be submitted for the approval of the Planning Director.
9. All parking spaces designated "Reserved Parking"
shall be marked in such a way as to permit use by the general
public after 5 p.m.
10. No outside storage of shipping containers, crates
or similar materials shall be permitted.
11. All parking spaces shall be equipped with wheelatops
as per Section 9265. 3.8 of' the Arcadia Municipal Code.
12. Energy saving low-level lighting shall be used in
the parking area.
-4- 842
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13.. Landscaping shall meet Code requirements and shall be
subject to the approval of the Planning Director.
SECTION 4. 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.
I HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the Planning Commission of the City
of Arcadia held on the 22nd day of January , 1974 , by the
following vote:
'AYES: Commissioners Clark, Coghlan, Hegg, Perlis, Reiter, Huddy
NOES: None
IDABSENT: Commissioner Erickson
AL*61,* _C airman •
ATTEST:
Secretary
S
-5- 842
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41" PLANNING COMMISSION RESOLUTION NO. 1234
A RESOLUTION AMENDING CONDITION 3 OF RESOLUTION 842
•
(C.U.P. 73-16) TO EXTEND THE HOURS OF OPERATION OF
THE CASK 'N CLEAVER RESTAURANT AT 251 NORTH SANTA ANNTA
• AVENUE.
WHEREAS, on March 22 , 1983 , a request was filed by the C & C
Organization to amend Resolution 842 (C.U. P. 73-16) to extend the
hours of operation of the Cask 'n Cleaver restaurant at 251 North
Santa Anita Avenue, more particularly described in attached Exhibit
All WHEREAS, a public hearing was held on April 12, 1983 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 Planning Depart-
ment in the attached report is true and correct .
Section 2. This Commission finds that based upon the parking study
there should be adequate parking to accommodate the proposed luncheon
trade and the expansion in hours would not be detrimental to the public
health or welfare or injurious to the property or improvements in such
zone or vicinity and will not have a substantial adverse impact on
the environment.
Section 3. That Condition 3 of Resolution 842 shall be amended
to read "That the hours of operation of the restaurant shall be 11 : 30
a.m. to 2:00 a .m. Monday through Sunday" with the following additional
conditions:
1 . • Conditions set forth in Planning Commission Resolution 842.
2. That modification of Condition Number 3 to allow the applicant
to open at 11 : 30 a .m. Monday through Sunday shall be subject to review
by the Planning Commission 6 months after date of this approval . If it
is determined that parking or other problems have resulted from the
revised hours of operation, the Planning Commission may cancel this re-
vision in the hours . The action of the Planning Commission is subject
to appeal before the City Council . The applicant shall sign an agree-
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1234
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ment, approved by the City Attorney, acknowledging his understanding
Sthat the expanded use may be cancelled as specified herein. If after
review the extended hours of operation are deemed not to be a problem,
Revised Condition 3 shall become a continuing condition of C.U.P. 73-16,
as approved or with additional conditions.
2. That a modification shall be granted for 77 parking
spaces in lieu .of 152 parking spaces required. That this approval shall
not constitute an approval for a general reduction in parking for the
total site. That any modification granted for parking shall only be
• for the use approved by C.U.P. 73-16.
Section 4.: 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.
I HEREBY CERTIFY that the foregoing resolution was adopted at
a regular meeting of the Planning Commission held on the 12th day
of April , 1983 by the following vote:
AYES: Commissioners Dixon, Harbicht, Jabnke, Kirkpatrick, Fee
NOES: None
ABSENT: Commissioner Sargis
ABSTAIN: None
Chairma
ATTEST:
•
Secretary
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