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Home My WebLink AboutCUP 73-16 Reso 842 OF AR PLIFORNJC��r-y `°`77,7" January 15, 2014 AuQUat 5.]903 unity oftv Mr. Ronald Mills City- �� Drake Financial, LLC PO Box 40035 Arcadia Pasadena, CA 91114 Subject: Conditional Use Permit No. CUP 73-16 Project Address: 251 N. Santa Anita Avenue Development Services Dear Mr. Mills: Department At its January 14, 2014 meeting, the Planning Commission approved a one-year extension of Conditional Use Permit No. CUP 73-16 for a restaurant at 251 N. Santa Anita Avenue (Resolution Nos. 842 & 1234). Jason Kruckeberg The approval granted for this application shall now expire on January 31, Assistant City Manager/ Development Services 2015 unless a restaurant tenant begins operating at this location or the Director approval is renewed prior to the new expiration date. The actual project must be consistent with the action of the Planning Commission. Any deviation from the Commission's action shall be subject to review and approval by the Community Development Administrator and may require a new application and another public hearing. If you have any questions, please contact Tim Schwehr, Associate Planner, at (626) 574-5422 or by e-mail at tschwehr @ci.arcadia.ca.us Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Tim Schwehr Associate Planner 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ci.arcadia.ca.us 4 oF i l r G �y 311iiv:/< lec9rpented - 3; Augtut 5]903 °°m +. �`g January 9, 2014 unity of Cl Q1�` Mr. Ronald Mills Drake Financial, LLC Arcadia PO Box 40035 Pasadena, CA 91114 Subject: Conditional Use Permit No. CUP 73-16 251 N. Santa Anita Avenue Development Services Dear Mr. Mills: Department The Arcadia Planning Commission will review the subject application at the Planning Commission meeting on Tuesday, January 14, 2014, at 7:00 p.m., in the Arcadia City Council Chambers. Jason Kruckeberg Attached is a copy of the Staff Report on the project and the agenda for Assistant City Manager/ the meeting. Development Services Director It is important for you or a representative to attend this meeting to answer any questions the Commissioners may have on the project. If you have any questions please call me, on 626-574-5441. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Co munity Development Division Billie Tone Senior Administrative Assistant Enclosures 240 West Huntington Drive Post Office Box 60021 Arcadia,CA 91066-6021 (626) 574-5415 (626)447-3309 Fax www.ci.arcadia.ca.us CITY OF A _ ___ Arcadia Planning Commission Regular Meeting Agenda �1FO . rill,til! 0,)")! 1 it iir , mpauy O Tuesday, January 14, 2014, 7:00 p.m. Location: City Council Chambers, 240 W. Huntington Dr., Arcadia 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 Planning Services 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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: Ed Beranek, Chairman Bill Baerg, Commission Member Ching Chiao, Commission Member Sam Falzon, Commission Member Tony Parrille, Commission Member SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS(5 minute time limit per person) Each speaker is limited to five(5)minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Members are prohibited from discussing or taking action on any items not listed on the posted agenda. The matter will be referred to staff for an appropriate response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant(who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court any action taken by the Planning Commission regarding any Public Hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. 1. Resolution No. 1893 - Conditional Use Permit No. CUP 13-12 with a Categorical Exemption from the California Environmental Quality Act (CEQA) for the existing religious facility, and the use of a tent for outdoor events, activities, and services. The tent is 40 feet by 60 feet (2,400 square feet) and 14 feet in height, and can accommodate up to 300 people, at 2607 S. Santa Anita Ave. Applicant Arcadia Congregational Church Recommended action: Find that this project is exempt from CEQA, and conditionally approve Conditional Use Permit No. CUP 13-12 and adopt Resolution No. 1893. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City's Planning Services Office located at 240 W Huntington Drive, pow There will be a five (5) working-day appeal period after the approval/denial of the Resolution. Appeals are to be filed by 5:30 p.m. on Tuesday, January 21, 2014. 2. Resolution No. 1892 — Conditional Use Permit No. CUP 13-14 with a Categorical Exemption from the California Environmental Quality Act (CEQA) to expand the existing 1,427 square foot medical spa into the adjacent unit for a proposed area of 2,652 square feet — 1004 and 1008 N. Santa Anita Avenue (La Bella Laser & Slimming). Applicant: Ms. Sarah Chan, Managing Director of La Bella Laser& Slimming, Inc. Recommended action: Find that this project is exempt from CEQA, conditionally approve Conditional Use Permit No. CUP 13-14, and adopt Resolution No. 1892. There is a five (5) working-day appeal period after the approval/denial of the Resolution. Appeals are to be filed by 5:30 p.m. on Tuesday, January 21, 2014. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 3. A one-year extension request for Conditional Use Permit No. CUP 11-18; Architectural Design Review No. ADR 11-29; and Modification No. MP 12-10 for a new 3-story office building with a ground floor restaurant at 125 W. Huntington Drive. Recommended action: Approve 4. A one-year extension request for Conditional Use Permit No. CUP 73-16 for a restaurant at 251 N. Santa Anita Avenue. Recommended action: Approve 5. Minutes of the December 10, 2013, Regular Meeting of the Planning Commission Recommended action: Approve MATTERS FROM CITY COUNCIL LIAISON MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM MODIFICATION COMMITTEE MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to January 28, 2014, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Dr.,Arcadia. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City's Planning Services Office located at 240 W. Huntington Drive, A Of ARC, m�a, y ot� 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 a ci.arcadia.ca.us. Approved by: Jim . sama 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 ....., .------ $01-- DRAKE F INANCIAL Li. c PO Box 40035 Pasadena, California 91114 November 19, 2013 Mr. Jim Kasama City of Arcadia if Community Development Administration , # 240 W. Huntington Drive i 1: a C j ,/a;a , g Arcadia, California 91007 NOV 2 g 9 • , , ., RE: 251 N. Santa Anita Avenue i pq LI rs-'°- ,. Dear Mr. Kasama: I On behalf of Drake Financial,LLC and for the old Domenico's Restaurant, located at 251 N. Santa Anita Avenue we are hereby requesting a one-year extension for the restaurant's current CUP (Conditional Use Permit). As you are aware Domenico's Restaurant, after decades of operation, closed its operation in January of 2013 and despite our best efforts, the space still remains vacant. We have continued to market and to show the space but due to the present duress of the economy we have not yet found a suitable tenant to date. Its continued use as a restaurant is enhanced by the current CUP. However,we have been told that the present CUP will expire after January 2014. Hence we are requesting a one-year extension on the current CUP. We thank you and hope we will be able to re-let the space as a restaurant as soon as possible. Sincerely, Ronald lls for Drake Financial, LLC l C . 3 • RO%YN PLACE a gn W _ 'ca.. wA1h y , 1) X• C 3 °� EX►STIA'G BWLD,NG 1`�I '7 400a set vt !I 3 G 9 9 se It , rY N r ' a0a 111. g L • 34 3$ it i7 14 t •e 41 o Y! 4Q 0 V .1 .D ,a II 14 w II .1 1 r ,. a 2 EXISTING PARKING • DaIVG. 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U I 4 y tar,e......-- tag�vxan v , �wk.an .rr..�..:I..-. Z .111r41.c.,. lA`]tiy..fib' 4 novz�a�n icars�. F. i r ;•/� r MISSi: f r fi ,{� __ x it a ;; 0 1 000 111111 4 r:71.,,,,.)-:_:7 il r a— _1� ra Q N ../,, 1 . + W ) I 1 J as :' /�„.. . �r s/, I 4 ��rsir. �. E • Z .n• .r.• E • �.�"° a�eui ° I o . .r .w 1 w�w.. ..__:_ Q f 1 1 Q a ra.— -• —_ Arta., •si.w�rr.w rYeeA.n..<<rs•++fmw• a 4 4 U I. •$ — — Q < Z 1 a P.iii .11'i:. 1'.1. i . 1 .1 3 o a UN All rook. 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 C • 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 were constructed under M-1 zoning and meet the minimum parking requirement of two spaces 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 6.6,348 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 . owe 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. i3. 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: -3- 842 ' C • 1. 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 wheelstops 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 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, Coghl an, Hegg, Perlis, Reiter, Huddy NOES: None ABSENT: Commissioner Erickson L Chairman ATTEST: Secretary -5- 842 • 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 ANITA 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 "A" 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- . - 1 - 1234 • oft ment, approved by the City Attorney, acknowledging his understanding 0 that 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, Jahrrke, Kirkpatrick, Fee NOES: None ABSENT: Commissioner Sargis ABSTAIN: None • Chairma ATTEST: Secretary • -2- 1234 •