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HomeMy WebLinkAboutItem 2 ::::::: 4 °off o Y 0 s TAFF i .ii P O RT y 0 Development Services Department DATE: August 26, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: RESOLUTION NO. 1913 — CONDITIONAL USE PERMIT NO. CUP 14-03 WITH A CLASS 3 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A 2,000 SQUARE FOOT RESTAURANT AT 608-610 E. LIVE OAK AVENUE Recommendation: Adopt Resolution No. 1913 SUMMARY The applicant is requesting approval of a Conditional Use Permit (CUP) for a restaurant with beer and wine service and weekend entertainment in a 2,000 square foot commercial space that was formerly a market — see the attached aerial photo, photos of the site, and plans. It is recommended that the Planning Commission approve this application, and adopt the attached Resolution No. 1913 that incorporates the requisite environmental and CUP findings, and the conditions of approval. BACKGROUND APPLICANT: Mrs. Jacqueline DiPeppe, Business Owner LOCATION: 608-610 E. Live Oak Avenue REQUEST: A Conditional Use Permit to allow a restaurant with beer and wine service and entertainment in a commercial space that was formerly a market. SITE AREA: 30,046 square-feet (0.69 acres) FRONTAGES: The lot has 234 feet of frontage on E. Live Oak Avenue and 132 feet of frontage on Hempstead Avenue. There is also a 20-foot wide service 0.- alley along the rear of the property. EXISTING LAND USE & ZONING: The subject property is zoned C-2, General Commercial, and is developed with a 9,317 square foot strip commercial building that was constructed in 1985. There are 55 on-site parking spaces. The building is currently divided into seven commercial spaces with the following occupancies: 1,320 square foot dental office 1,000 square foot retail store 2,000 square foot karaoke establishment 2,000 square foot vacancy (subject space —formerly a market) 1,026 square foot nail salon 1,080 square foot tattoo parlor 891 square foot restaurant SURROUNDING LAND USES & ZONING: North: Church, American Legion Hall and Restaurant, zoned C-2 South: Single-Family Residences in an Unincorporated L.A. County area East: Church, zoned C-O West: Restaurant, 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. In 2013, the dental office was approved at this center with a parking Modification of 55 spaces in lieu of 61 required. The conditions of approval required that a roofed trash enclosure be built, and that the handicap parking spaces be upgraded to meet current accessibility requirements. The proposed restaurant, Alex DiPeppe's, is moving from its current location at 140 Las Tunas Drive, where it has been in business for 30 years. The restaurant is moving because that property has been sold for development as multiple-family residential housing. DISCUSSION The subject property is zoned C-2, General Commercial, and is developed with a 9,317 square-foot commercial building occupied by the above-listed uses. The property currently has 55 surface parking spaces; 42 spaces in a front parking lot and 13 spaces behind the building. The proposal is to occupy a 2,000 square foot commercial unit at the center of the building as a restaurant with beer and wine service and entertainment on weekends. CUP 14-03 608-610 E. Live Oak Ave. August 26, 2014 — Page 2 of 8 The subject commercial unit was previously occupied by a market. The attached floor plan for the proposed restaurant shows a waiting area, a commercial kitchen, a storage room, an office, two restrooms, a salad bar area, and a dining area with a capacity for 61 customers. The proposed business hours are Sunday through Thursday from 10 a.m. to 10 p.m., and Friday and Saturday from 10 a.m. to 11 p.m. The applicant is also proposing to have live entertainment on Friday, Saturday, and Sunday evenings from 9 p.m. to the close of business. The entertainers would take the place of the salad bar — see the attached floor plan. Parking The commercial center has an existing parking deficiency of 6 spaces; 55 spaces in lieu of 61 spaces required. Over the years, this commercial center has operated with a parking deficiency of as much as 21 spaces. This was the case when CUP 91-15 was approved in November, 1991, to add alcoholic beverage service for the karaoke establishment. The proposed restaurant will increase the parking requirement to 73 spaces for the commercial center, and increases the deficiency to 18 spaces. In addition, a dedicated loading zone needs to be added, which will result in the loss of a parking space. The parking calculations for the uses in this building are as follows: PARKING CALCULATIONS Use Area Parking Requirement Spaces Required Yummy Restaurant 891 10 per 1,000 Nice Guy Tattoo 1,080 5 per 1,000 5.40 080 5. Nails 1,026 5 per 1,000 Proposed Restaurant 2,000 10 per 1,000 20.00 00 Karaoke Establishment 2,000 10 per 1,000 Medical Supply 1,000 20.00 5 per 1,000 5.00 Dental Office 1,320 6 per 1,000 7.92 TOTALS 9,317 n.a. 72.26 The applicant provided the attached parking survey that was conducted on Wednesday, July 16, 2014 through Sunday, July 20, 2014; and on Tuesday, July 22, 2014. The parking consultant counted available spaces every half hour during the proposed restaurant hours, and found that on average, the parking was only 22% utilized (12 spaces), and not more than 40% full (22 spaces) at any time. Staff's observations of the property during daytime business hours are consistent with the findings of the parking survey. However, it must be noted that the parking counts were taken with 4,000 square feet of the building vacant. The subject space that was a grocery market and the karaoke establishment adjacent to the subject space were vacant. The parking demand will of course increase with the proposed restaurant and when the karaoke establishment reopens. But, it is not expected that these businesses will need more parking than is available at this site. The handicap parking stalls on the property were upgraded to meet ADA requirements as a condition of approval for the dental office (MC 13-07); however, those spaces still CUP 14-03 608-610 E. Live Oak Ave. August 26, 2014 — Page 3 of 8 do not meet all the current requirements for handicap parking spaces. The Building Official reviewed the proposed plans and photographs of the site and determined that installation of yellow textured surfacing is needed between the walkway and the parking area in front of the handicap spaces, and that proper handicap parking signage is needed in front of each handicap space. These requirements are included as conditions of approval for this project. It is staff's opinion that the addition of the proposed restaurant in this commercial building with the current parking situation will be an appropriate improvement to the property. Noise There is a 20-foot wide service alley adjacent to the south of the subject property and adjacent to the south of that is a single-family residence. It is expected that the proposed restaurant and other businesses might receive deliveries through the rear. The Code requires that deliveries occur between the hours of 7:00 a.m. and 10:00 p.m. The City's noise regulations set a limit of 65 decibels at the nearest residential property line within this time frame, and that limit is lowered by 5 decibels after 10 p.m. As long as the Code regulations are complied with, deliveries and other business activities associated with the proposed restaurant and the other uses at the site should not unreasonably disturb the neighbors. 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. Facts to Support the Finding: A restaurant is consistent with the Zoning and General Plan Land Use Designation of the site, and if operated in conformance with the Arcadia Municipal Code, the applicable health codes, and the conditions of approval, will not be detrimental to the public health or welfare, 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. Facts to Support the Finding: In the C-2, General Commercial Zone, a restaurant is allowed with an approved Conditional Use Permit per Section 9275.1.43 of the Arcadia Municipal Code. One restaurant is already in business at the subject property and two others exist on the properties immediately to the north and west. 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, CUP 14-03 608-610 E. Live Oak Ave. August 26, 2014 — Page 4 of 8 landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Facts to Support the Finding: Based on the proposal, the existing parking availability, and the conditions of approval, the site is adequate for the proposed restaurant use. 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. Facts to Support the Finding: The traffic to be generated by the proposed restaurant will not adversely impact the traffic at the subject location. The streets around the subject property (E. Live Oak Avenue and Hempstead Avenue) are adequate for the type of traffic that is to be generated by the proposed use and the other existing uses. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Facts to Support the Finding: The restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. The proposed project, with the recommended conditions of approval will satisfy each prerequisite condition, and 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, and to Building Permits. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project, as a conversion of a small structure, qualifies as a Class 3 Categorical Exemption per 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. It is recommended that the Planning Commission determine that this project is exempt from CEQA. PUBLIC NOTICE/COMMENTS Public hearing notices for CUP 14-03 were mailed on August 14, 2014 to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property — see the 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. As of August 20, 2014 no comments were received in response the public hearing notice. CUP 14-03 608-610 E. Live Oak Ave. August 26, 2014 — Page 5 of 8 RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 14-03, subject to the following conditions: 1. One standard parking space in the parking lot shall be restriped and designated for loading by the applicant/property owner. The location and design of this space shall be to the satisfaction of the Community Development Administrator or designee. 2. This approval of CUP 14-03 includes a parking Modification for the restaurant of 54 spaces in lieu of 73 spaces required. This is not an approval of a general reduction of the parking requirements for the subject property, but only for the restaurant that is approved by this Conditional Use Permit. 3. The existing handicap spaces in the parking lot(s) shall be upgraded by the applicant/property owner to meet current ADA requirements to the satisfaction of the City of Arcadia Building Official, or designee. 4. The business hours for the restaurant shall be limited to 10:00 a.m. to 10:00 p.m., Sunday through Thursday; and 10:00 a.m. to 11:00 p.m. on Friday and Saturday. 5. Live entertainment is only allowed on Friday and Saturday from 9:00 p.m. to 11:00 p.m. and on Sunday from 9:00 to 10:00 p.m. 6. The Best Management Practices (BMPs) required of restaurants shall be complied with by the applicant/property owner to the satisfaction of the Public Works Services Director, or designee. Any changes to the facility may be subject to permits and 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 and all applicable regulations. 7. An additional interior door shall be installed between the proposed location for the live music and the rear door of the business to reduce the potential for noise impacts to the residential properties to the rear of the property. 8. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; 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. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. CUP 14-03 608-610 E. Live Oak Ave. August 26, 2014 — Page 6 of 8 9. The use approved by CUP 14-03 is limited to a restaurant, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-03, 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. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 14-03 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 12. Approval of CUP 14-03 shall not be of effect unless the property owner and applicant 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 14-03, and adopt the attached Resolution No. 1913 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as listed or as may be modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 14-03; 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. CUP 14-03 608-610 E. Live Oak Ave. August 26, 2014 — Page 7 of 8 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 26, 2014 hearing, please contact Assistant Planner, Nick Baldwin at (626) 574-5444, or nbaldwin @ci.arcadia.ca.us. Approved: Jim K. :,= a Com unity Development Administrator Attachments: Aerial Photo with Zoning Information Photos of the Site Plans Parking Survey Preliminary Exemption Assessment 300-foot Radius Map Resolution No. 1913 AP- Am- CUP 14-03 608-610 E. Live Oak Ave. August 26, 2014— Page 8 of 8 A 6 A / 111 11, a et Site Address: 600 E LIVE OAK AVE Property Owner(s): FAITHKAY LLC azir--- 1 4010,00se". : - t* . . • t 4' ‘ ' . ( . ., I 1* :ft,, or t. ' ,' ,,,... ot. , 1 ri • , „ . °* ,.. .., 1, a ,t,•..': 'VW it * fro,,,,, -. — k„. 4.,-.0 7.. IP 1111 r r ; ' , '•1 - . , ***,*4** . . . , a ( ' ' ' '14 *1 . , A Selected parcel highlighted II Property Characteristics -- -- gig itrin ral II!pi 11,1-111 iiligiii Zoning: C-2 mom EINE,= immil am,,ralinfigitliii E-4: 12 2:21 gm sums= 2 ••• -r:tr. 2,ff.714..--2.1 == ra ra General Plan: C •mi. swam mum LI. I....E- Ai *-, 1.vam= raE == = ,1111•MIIIIIII IIII: Forsffir: b gns im Es El! Lot Area (sq ft): 30,0 ig Era 11111 1...-Ipur Lim pi f all El 2,11 ,rojau-5 ...... re.= mitailil... ...:;I thous novtito sini Main Structure / Unit(sq. ft.): 9,317 Nam mai :. mileit- Ili astim.s." ,...... ...— 12,,... - .. =1.11111 im 1.111 MS Valki”.' MIS NO Ea .0... 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'' . 1 rx w .--gi ,}L o e�Wa 1 g " 3"a d ow' 1 rE \1 I I U �r'uxne ~ � " r9, a I 8 og 3011 0103c1000 BA9 0 PARKING OCCUPANCY SUMMARY - RESULTS CLIENT: LARRY DIPEEPE PROJECT: 608-610 LIVE OAK AVENUE-ARCADIA DATE: WEDNESDAY,JULY 16,2014 PERIOD: 10:30 AM TO 02:30 PM 03:30 PM TO 09:30 PM FILE: 1 WED PARKING OCCUPANCY FRONT LOT REAR LOT %OCCUPANCY 30-MIN REGULAR NANDI REGULAR FRONT LOT TOTAL LOT PERIOD 38 SPACES 3 SPACES 16 SPACES 41 SPACES 57 SPACES 1030-1100 7 0 1 17% 14% 1100-1130 8 0 7 20% 26% 1130-1200 12 0 7 29% 33% 1200-1230 12 0 6 29% 32% 1230-0100 10 0 7 24% 30% 0100-0130 10 0 7 24% 30% 0130-0200 11 0 7 27% 32% 0200-0230 9 0 7 22% 28% 0230-0300 12 0 7 29% 33% 0330-0400 12 0 8 29% 35% 0400-0430 13 0 8 32% 37% 0430-0500 14 0 7 34% 37% 0500-0530 16 0 7 39% 40% 0530-0600 16 0 1 39% 30% 0600-0630 17 0 1 41% 32% 0630-0700 14 0 1 34% 26% 0700-0730 16 0 1 39% 30% 0730-0800 15 0 1 37% 28% 0800-0830 15 0 1 37% 28% 0830-0900 13 0 1 32% 25% 0900-0930 9 0 1 22% 18% 0930-1000 _ 3 0 2 7% 9% R CF PIED 1 JUL 2 9 2014 Ai- Planning Services City of Arcadia THE.TRAFFICSOLUTION 329 DIAMOND STREET ARCADIA,CALIFORNIA 91006 626.446.7978 PHONE PARKING OCCUPANCY SUMMARY - RESULTS CLIENT: LARRY DIPEEPE PROJECT: 608-610 LIVE OAK AVENUE-ARCADIA DATE: THURSDAY,JULY 17,2014 PERIOD: 10:30 AM TO 02:30 PM 03:30 PM TO 09:30 PM FILE: 1 THURS PARKING OCCUPANCY FRONT LOT REAR LOT %OCCUPANCY 30-MIN REGULAR HANDI REGULAR FRONT LOT TOTAL LOT PERIOD 38 SPACES 3 SPACES 16 SPACES 41 SPACES 57 SPACES 1030-1100 9 0 3 22% 21% 1100-1130 9 0 5 22% 25% 1130-1200 7 0 6 17% 23% 1200-1230 8 0 6 20% 25% 1230-0100 9 0 5 22% 25% 0100-0130 9 0 5 22% 25% 0130-0200 10 0 5 24% 26% 0200-0230 11 0 8 27% 33% 0230-0300 11 _ 0 7 27% 32% 0330-0400 9 0 7 22% 28% 0400-0430 10 0 7 24% 30% 0430-0500 9 0 6 22% 26% 0500-0530 11 0 6 27% 30% 0530-0600 8 0 6 20% 25% 0600-0630 8 0 2 20% 18% 0630-0700 11 0 0 27% 19% 0700-0730 9 0 0 22% 16% 0730-0800 8 0 0 20% 14% 0800-0830 7 0 0 17% 12% 0830-0900 9 0 0 22% 16% 0900-0930 9 0 0 22% 16% 0930-1000 5 0 0 12% 9% THE TRAFFICSOLUTION 329 DIAMOND STREET ARCADIA,CALIFORNIA 91006 626.446.7978 PHONE PARKING OCCUPANCY SUMMARY - RESULTS CLIENT: LARRY DIPEEPE PROJECT: 608-610 LIVE OAK AVENUE-ARCADIA DATE: FRIDAY,JULY 18,2014 PERIOD: 10:30 AM TO 02:30 PM 03:30 PM TO 11:30 PM FILE: 1 FRI PARKING OCCUPANCY FRONT LOT REAR LOT %OCCUPANCY 30-MIN REGULAR HANDI REGULAR FRONT LOT TOTAL LOT PERIOD 38 SPACES 3 SPACES 16 SPACES 41 SPACES 57 SPACES 1030-1100 5 0 0 12% 9% 1100-1130 9 0 0 22% 16% 1130-1200 7 0 0 17% 12% 1200-1230 8 0 1 20% 16% 1230-0100 8 0 1 20% 16% 0100-0130 9 0 0 22% 16% 0130-0200 9 0 0 22% 16% 0200-0230 10 0 0 24% 18% .. 0230-0300 12 I 0 0 29% 21% 0330-0400 11 0 0 27% 19% 0400-0430 12 0 0 29% 21% 0430-0500 12 0 0 29% 21% 0500-0530 16 0 0 39% 28% 0530-0600 18 0 0 44% 32% 0600-0630 17 0 0 41% 30% 0630-0700 16 _ 0 0 39% - 28% 0700-0730 17 0 0 41% 30% 0730-0800 20 0 1 49% 37% 0800-0830 22 0 1 54% 40% 0830-0900 20 0 0 49% 35% 0900-0930 16 0 0 39% 28% 0930-1000 12 0 0 29% 21% 1000-1030 11 0 0 27% 19% 1030-1100 11 0 0 27% 19% 1100-1130 _ 9 _ 0 0 22% 16% THE TRAFFIC SOLUTION 329 DIAMOND STREET ARCADIA,CALIFORNIA 91006 626.446.7978 PHONE PARKING OCCUPANCY SUMMARY - RESULTS CLIENT: LARRY DIPEEPE PROJECT: 608-610 LIVE OAK AVENUE-ARCADIA DATE: SATURDAY,JULY 19,2014 PERIOD: 03:30 PM TO 11:30 PM FILE: 1 SAT PARKING OCCUPANCY FRONT LOT REAR LOT %OCCUPANCY 30-MIN REGULAR HANDI REGULAR FRONT LOT TOTAL LOT PERIOD 38 SPACES 3 SPACES 16 SPACES 41 SPACES 57 SPACES 0330-0400 14 0 0 34% 25% 0400-0430 12 0 0 29% 21% 0430-0500 11 0 0 27% 19% 0500-0530 9 0 0 22% 16% 0530-0600 11 0 0 27% 19% 0600-0630 10 0 0 24% 18% 0630-0700 11 0 0 27% 19% 0700-0730 12 0 0 29% 21% 0730-0800 11 0 0 27% 19% 0800-0830 11 0 0 27% 19% 0830-0900 10 0 0 24% 18% 0900-0930 10 0 0 24% 18% 0930-1000 6 0 0 15% 11% 1000-1030 6 0 0 15% 11% 1030-1100 6 0 0 15% 11% 1100-1130 1 0 0 2% 2% THE TRAFFIC SOLUTION 329 DIAMOND STREET ARCADIA,CALIFORNIA 91006 626.446.7978 PHONE PARKING OCCUPANCY SUMMARY - RESULTS :LIENT: LARRY DIPEEPE PROJECT: 608-610 LIVE OAK AVENUE-ARCADIA DATE: SUNDAY,JULY 20,2014 PERIOD: 03:30 PM TO 09:30 PM FILE: 1 SUN PARKING OCCUPANCY FRONT LOT REAR LOT %OCCUPANCY 30-MIN REGULAR HANDI REGULAR FRONT LOT TOTAL LOT PERIOD 38 SPACES 3 SPACES 16 SPACES 41 SPACES 57 SPACES 0330-0400 6 0 1 15% 12% 0400-0430 6 0 1 15% 12% 0430-0500 6 0 0 15% 11% 0500-0530 8 0 0 20% 14% 0530-0600 9 0 0 22% 16% 0600-0630 13 0 0 32% 23% 0630-0700 11 0 0 27% 19% 0700-0730 9 0 0 22% 16% 0730-0800 6 _ 0 0 15% 11% 0800-0830 10 0 0 24% 18% 0830-0900 11 0 0 27% 19% 0900-0930 12 0 0 29% 21% Ow THE TRAFFIC SOLUTION 329 DIAMOND STREET ARCADIA,CALIFORNIA 91006 626.446.7978 PHONE PARKING OCCUPANCY SUMMARY - RESULTS a CLIENT: LARRY DIPEEPE PROJECT: 608-610 LIVE OAK AVENUE-ARCADIA DATE: TUESDAY,JULY 22,2014 PERIOD: 10:30 AM TO 02:30 PM 03:30 PM TO 09:30 PM FILE 1-TUES PARKING OCCUPANCY FRONT LOT REAR LOT %OCCUPANCY 30-MIN REGULAR HANDI REGULAR FRONT LOT TOTAL LOT PERIOD 38 SPACES 3 SPACES 16 SPACES 41 SPACES 57 SPACES 1030-1100 4 0 0 10% 7% 1100-1130 6 0 0 15% 11% 1130-1200 11 0 0 27% 19% 1200-1230 10 0 0 24% 18% 1230-0100 13 0 0 32% 23% 0100-0130 1 13 0 1 32% 25% 0130-0200 14 0 1 34% 26% 0200-0230 13 0 1 32% 25% 0230-0300 15 0 1 37% 28% 0330-0400 15 0 2 37% 30% 0400-0430 17 0 2 41% 33% 0430-0500 14 0 2 34% 28% 0500-0530 18 0 2 44% 35% 0530-0600 16 0 1 39% 30% 0600-0630 16 0 1 39% 30% 0630-0700 12 0 2 29% 25% 0700-0730 11 0 2 27% 23% 0730-0800 11 0 2 27% 23% 0800-0830 9 0 2 22% 19% 0830-0900 11 0 1 27% 21% 0900-0930 10 0 1 24% 19% 0930-1000 _ 8 0 1 20% 16% THE TRAFFIC SOLUTION 329 DIAMOND STREET ARCADIA,CALIFORNIA 91006 626.446.7978 PHONE G I ogyr alr PRELIMINARY EXEMPTION ASSESSMENT ow. esizsi (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit No. CUP 14-03 to allow a 2,000 square foot restaurant in a commercial space in an existing 9,317 square foot strip commercial center zoned C-2 (General Commercial) 2. Project Location—Identify street 608-610 E. Live Oak Ave. (between Hempstead Avenue and 8th address and cross streets or Avenue) attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking A. project: B. Other(Private) (1) Name Jacqueline DiPeppe (2) Address 2564 Mayflower 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. ® The project is categorically exempt. Applicable Exemption Class: 15303 (Class 3, 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: August 14, 2014 Staff: Nick Baldwin, Assistant Planner Preliminary Exemption Assessment FORM "A" ,— —12- 1 8 ,s I / 0 6 9 © 36 ® I/ `io ® 7O 5 10 18 A \ 35 W O 4 11 : 1s 34 0 I 6 < O/GS O 3 I1 y 20 40 14 W g Q< \ < O 2 33 o i< _ .:A 1® 21 [mIQ31 I I 32 I 31 ::; :;:It, O O 4z I — Co I / © z3...:.. 17 16 15 C ... . — —— — — _? \_ UOWC CAM AWE. I I 7.L[MC ©Z It WC . I p / I \ III/AI' 24 I 23 22 1 �S/ 19 / 18 p.- /fri / 0 / � / ', �� 48 21 / 16 I i \\ 65 ARCADIA CITY NO s4 - — 1 ,s RTH 30 xi z8 -o 8 28 LEGEND 8A o 1 OWNERSHIP NUMBER DRAWN BY: LUJAN AND ASSOCIATES O APN # (562) 965— 4855 MAY. 2014 C.U.P. RESTAURANT / 300' RADIUS MAP N.T.S. ALCOHOL SALES PRIOR USE : "TEHRAN MARKET" PROPOSED USE: "ALEX DIPEPPE'S" RESTAURANT W/ALCOHOL SALES (BEER & WINE) ADDRESS : 608-610 E. LIVE OAKS AVE. ARCADIA. CA, 91006 ailib. BUSS. OWNER : JACQUELINE DIPEPPE. PHONE : (626) 622-0292 RESOLUTION NO. 1913 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-03 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A RESTAURANT IN A 2,000 SQUARE FOOT COMMERCIAL SPACE WITHIN AN EXISTING 9,317 SQUARE FOOT MULTI-UNIT STRIP COMMERCIAL BUILDING AT 608-610 E. LIVE OAK AVENUE WHEREAS, on May 20, 2014 an application was filed by Mrs. Jacqueline DiPeppe for a Conditional Use Permit to operate a restaurant at 608-610 E. Live Oak Avenue, Development Services Department Case No. CUP 14-03; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under Article 19 of the California Environmental Quality Act (CEQA), Categorical Exemptions Section 15303 of the CEQA Guidelines; and WHEREAS, a public hearing was held by the Planning Commission on August 26, 2014, 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 26, 2014 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. A restaurant is consistent with the Zoning and General Plan Land Use Designation of the site, and if operated in conformance with the Arcadia Municipal Code, the applicable health codes, and the conditions of approval, will not be detrimental to the public health or welfare, 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 restaurant is allowed with an approved Conditional Use Permit per Section 9275.1.43 of the Arcadia Municipal Code. One restaurant is already in business at the subject property and two others exist on the properties immediately to the north and west. 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 existing parking availability, and the conditions of approval, the site is adequate for the proposed restaurant use. 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 traffic to be generated by the proposed restaurant will not adversely impact the traffic at the subject location. The streets around the subject property (E. Live Oak Avenue and Hempstead Avenue) are adequate for the type of traffic that is to be generated by the proposed use and the other existing uses. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. -2- 1913 SECTION 3. That for the foregoing reasons this Commission approves Conditional Use Permit No. CUP 14-03, subject to the following conditions: 1. One standard parking space in the parking lot shall be restriped and designated for loading by the applicant/property owner. The location and design of this space shall be to the satisfaction of the Community Development Administrator or designee. 2. This approval of CUP 14-03 includes a parking Modification for the restaurant of 54 spaces in lieu of 73 spaces required. This is not an approval of a general reduction of the parking requirements for the subject property, but only for the restaurant that is approved by this Conditional Use Permit. 3. The existing handicap spaces in the parking lot(s) shall be upgraded by the applicant/property owner to meet current ADA requirements to the satisfaction of the City of Arcadia Building Official, or designee. 4. The business hours for the restaurant shall be limited to 10:00 a.m. to 10:00 p.m., Sunday through Thursday; and 10:00 a.m. to 11:00 p.m. on Friday and Saturday. 5. Live entertainment is only allowed on Friday and Saturday from 9:00 p.m. to 11:00 p.m. and on Sunday from 9:00 to 10:00 p.m. 6. The Best Management Practices (BMPs) required of restaurants shall be complied with by the applicant/property owner to the satisfaction of the Public Works Services Director, or designee. Any changes to the facility may be subject to permits and 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 and all applicable regulations. -3- 1913 7. An additional interior door shall be installed between the proposed location for the live music and the rear door of the business to reduce the potential for noise impacts to the residential properties to the rear of the subject property. 8. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; 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. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 9. The use approved by CUP 14-03 is limited to a restaurant, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-03, 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. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 14-03 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. -4- 1913 11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 12. Approval of CUP 14-03 shall not be of effect unless the property owner and applicant have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. (SIGNATURES ON NEXT PAGE) -5- 1913 SECTION 4. The Secretary shall certify to the adoption of this Resolution. 4r•► Passed, approved and adopted this 26th day of August, 2014. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney ow- -6- 1913