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Home My WebLink AboutItem 1 of ARe l P1.IFop,v,9'`q.1� 140).4, wk /J►\ a nu.,.r e�Nena °°"Y°t STAFF REPORT Development Services Department DATE: October 14, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: RESOLUTION NO. 1916 — APPROVING CONDITIONAL USE PERMIT NO. CUP 14-10, THERBY AMENDING CONDITIONAL USE PERMIT NO. CUP 12-20 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW BEER AND WINE SERVICE AT THE EXISTING RESTAURANT (NEW FUSION RESTAURANT) AT 1227 S. BALDWIN AVENUE Recommendation: Adopt Resolution No. 1916 SUMMARY Ms. Yvonne Lam, the owner and operator of New Fusion Restaurant at 1227 S. Baldwin Avenue, has submitted an application to amend the existing Conditional Use Permit (CUP) approved in May 2013 for her 7,260 square-foot restaurant to add beer and wine service. The current Conditional Use Permit No. CUP 12-20 — see Resolution No. 1873 (Attachment No. 2) for the restaurant does not allow alcoholic beverage service. A condition of approval of the current CUP states that a separate CUP is required to add live music, entertainment, or alcoholic beverage service. It is recommended that the Planning Commission approve this application and amendment of the existing Conditional Use Permit to allow beer and wine service, and adopt Resolution No. 1916. BACKGROUND The subject commercial unit, 1227 S. Baldwin Avenue is located in the Arcadia Hub shopping center — see Attachment No. 3 for an Aerial Photo with Zoning Information, and Attachment No. 4 for a Site Plan and Floor Plan. The Planning Commission approved Conditional Use Permit No. CUP 12-20 in May of 2013 to allow the subject 7,260 square-foot commercial space to be a restaurant. Following an interior and exterior remodel of this tenant space, the restaurant opened in May of 2014 — see Attachment No. 5 for photos of the subject property. The existing conditions of approval for this restaurant prohibit alcoholic beverage service. Specifically, condition of approval no. 3 for the CUP states, "No live music, entertainment, or alcoholic beverage services is approved under this Conditional Use Permit, and any live music, entertainment, karaoke, alcoholic beverage service, etc. shall require a separate Conditional Use Permit." It should be noted that alcoholic beverage service was not excluded in response to any specific concerns by staff or the Planning Commission. The applicant expressly chose not to include alcoholic beverage service as part of the proposal for CUP 12-20. PROPOSAL The applicant, Ms. Yvonne Lam, proposes to amend the existing Conditional Use Permit to allow beer and wine service at her restaurant. Cocktails and liquor service is not proposed. The other conditions of approval are to remain as approved by the Planning Commission in May of 2013, including business hours of 11:00 a.m. to 1:00 a.m., daily — see Resolution No. 1873 (Attachment No. 2). Approval of the proposed amendment would revise condition of approval no. 3 for this restaurant to read as follows: On-site Beer and Wine Service is approved for this restaurant. No other alcoholic beverage service, live music, karaoke, or entertainment is approved under this Conditional Use Permit. ANALYSIS The proposed CUP amendment has been reviewed by the Arcadia Police Department, and they have no objections to the requested beer and wine service. Beer and wine are commonly available at full-service restaurants, including two of the other restaurants in the Arcadia Hub shopping center. CUP 14-10 amends only condition no. 3 of CUP 12- 20, and all the other conditions remain in place and enforceable. Having beer and wine service at this restaurant will not have any impacts that would require additional conditions of approval. The applicant is subject to licensing by the State Department of Alcoholic Beverage Control. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The existing restaurant was approved by the Planning Commission in May of 2013. The service of beer and wine is typically provided at full-service restaurants, and is provided at two other restaurants in the subject center. The Arcadia Police Department has reviewed the proposal and has no objections to the request. The Resolution No. 1916 —CUP 14-10 1227 S. Baldwin Ave. October 14, 2014 • Page 2 of 6 addition of beer and wine service will not be detrimental to the public health or welfare or injurious to the other properties in the area. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The zoning of the project site is C-2, General Commercial. Arcadia Municipal Code Section 9275.1.53.5 authorizes restaurants to serve alcoholic beverages in the C-2 zone with an approved Conditional Use Permit. 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. The project site is located within the Arcadia Hub shopping center, and was found by the Planning Commission in May of 2013 to be appropriate for the subject restaurant. The amendment to add beer and wine service will not result in any impacts or require any adjustments to the site. As such, the site is adequate in size and shape to accommodate the addition of beer and wine service at the existing restaurant, and no adjustments of the use are necessary. 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 site is located along Baldwin Avenue with access to the shopping center parking lot from Duarte Road and Naomi Avenue. These streets are adequate in width and pavement type to carry the traffic generated by the existing restaurant, and the addition of beer and wine service will not impact these streets. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Approval of on-site beer and wine service for the existing restaurant use is consistent with the Commercial Land Use Designation of the site, and consistent with the current and envisioned character of the Baldwin Avenue/Duarte Road commercial district. The proposal will not adversely affect the comprehensive General Plan. ENVIRONMENTAL ASSESSMENT If it is determined that no significant physical alterations to the site are necessary, then this project, as an existing facility, qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for negligible operational changes to an existing facility. A Preliminary Exemption Assessment is attached to this staff report (Attachment No. 6). .Resolution No. 1916—CUP 14-10 1227 S. Baldwin Ave. October 14, 2014 Page 3 of 6 PUBLIC NOTICE Public hearing notices for this item were mailed to the property owners and tenants of those properties that are located within 300 feet of the subject property — see the attached radius map (Attachment No. 7). RECOMMENDATION It is recommended that the Planning Commission approve the proposal, subject to the following conditions, which except for no. 3 are the same as for CUP 12-20, and find that the project qualifies as a Categorical Exemption from the California Environmental Quality Act (CEQA), and adopt Resolution No. 1916: 1. Business hours shall be from 11:00 a.m. to 1:00 a.m. with operational hours from 10:00 a.m. to 2:00 a.m., daily. 2. The glass entry doors that front Baldwin Avenue shall remain open during business hours and each door must have a handle on both sides. 3. On-site Beer and Wine Service is approved for this restaurant. No other alcoholic beverage service, live music, karaoke, or entertainment is approved under this Conditional Use Permit. 4. Approval of CUP 12-20 and ADR 13-10 includes a parking modification for the center of 1,137 spaces in lieu of 1,946 spaces required. 5. The shopping center management company shall place signs on the premises informing and directing people to the lower and upper level parking area of the parking structure and to the employers to remind their employees to park in the designated areas. The locations, design, and copy of the signs shall be subject to approval by the City Engineer or designee, and installed prior to the opening of either this restaurant, or the expanded Starbucks Coffee at 733 W. Naomi Avenue. 6. The management company should regularly post maps to remind their tenants that their employees must be in the designated employee parking areas, as new employees are hired may not be aware of this requirement. 7. A traffic consultant shall consult with the City Engineer or designee to observe the parking situation in the lot at the most eastern part after the restaurants located at 1227 and 1271 S. Baldwin Avenue are both open for business. This review will be to determine whether time-restricted parking spaces need to be enforced and/or expanded. The cost for this traffic review, as well as any expense incurred for new signage or time restrictions, shall be the responsibility of the owner of the shopping center. Resolution No. 1916—CUP 14-10 1227 S. Baldwin Ave. October 14, 2014 Page 4 of 6 8. The Best Management Practices (BMPs) required of restaurants shall be complied with to the satisfaction of the Public Works Services Director, or designee. Any changes to the 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. 9. 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 facility may be subject to permits and having fully detailed plans submitted for plan check review and approval. 10. Approval of CUP 14-10 is limited to a restaurant with beer and wine service, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 12-20 as amended by CUP 14-10, 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. 11. Noncompliance with the plans, provisions and conditions of approval for CUP 14-10 and CUP 12-20 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 12. 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. 13. Approval of CUP 14-10, thereby amending CUP 12-20 to allow wine and beer service within the existing restaurant shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Resolution No. 1916—CUP 14-10 1227 S. Baldwin Ave. October 14, 2014 Page 5 of 6 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 14-10, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1916 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as 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 14-10; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision and specific findings. If any Planning Commissioner or other interested party have any questions or comments regarding this matter prior to the October 14, 2014 Planning Commission Meeting, please contact Associate Planner, Tim Schwehr at (626) 574-5422, or tschwehr(cArcadiaCA.gov Approved: Jim K ama Community Development Administrator Attachment No. 1: Resolution No. 1916 Attachment No. 2: Resolution No. 1873 (CUP 12-20) Attachment No. 3: Aerial Photo with Zoning Information Attachment No. 4: Site Plan and Floor Plan Attachment No. 5: Photos of Subject Property Attachment No. 6: Preliminary Exemption Assessment Attachment No. 7: 300-foot Radius Map Resolution No. 1916—CUP 14-10 1227 S. Baldwin Ave. October 14, 2014 Page 6 of 6 Attachment o . Resolution No. 1916 Attachment No. 1 RESOLUTION NO. 1916 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-10, THEREBY AMENDING CONDITIONAL USE PERMIT NO. CUP 12-20 WITH A CATERGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW BEER AND WINE SERVICE AT THE EXISTING RESTAURANT AT 1227 S. BALDWIN AVENUE WHEREAS, on July 2, 2014 an application was filed by Ms. Yvonne Lam to amend Conditional Use Permit No. CUP 12-20 to allow beer and wine service for a 7,260 square-foot restaurant at 1227 S. Baldwin Avenue, Development Services Department Case No. CUP 14-10; and WHEREAS, on September 20, 2014, Planning Services completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the project is exempt under CEQA per Section 15061(3) of the CEQA Guidelines (Review for Exemption) because the project has no potential to cause a significant effect on the environment, and because it is an existing facility with only interior alterations per CEQA Section 15301, Class 1; and WHEREAS, a public hearing was held by the Planning Commission on October 14, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated October 14, 2014 are true and correct. SECTION 2. This Commission finds, based upon the entire record: a. 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. FACT: The existing restaurant was approved by the Planning Commission in May of 2013. The service of beer and wine is typically provided at full-service restaurants, and is provided at two other restaurants in the subject center. The Arcadia Police Department has reviewed the proposal and has no objections to the request. The addition of beer and wine service will not be detrimental to the public health or welfare or injurious to the other properties in the area. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the project site is C-2, General Commercial. Arcadia Municipal Code Section 9275.1.53.5 authorizes restaurants to serve alcoholic beverages in the C-2 zone with an approved Conditional Use Permit. c. 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. FACT: The project site is located within the Arcadia Hub shopping center, and was found by the Planning Commission in May of 2013 to be appropriate for the subject restaurant. The amendment to add beer and wine service will not result in any impacts or require any adjustments to the site. As such, the site is adequate in size and shape to 2 accommodate the addition of beer and wine service at the existing restaurant, and no adjustments of the use are necessary. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located along Baldwin Avenue with access to the shopping center parking lot from Duarte Road and Naomi Avenue. These streets are adequate in width and pavement type to carry the traffic generated by the existing restaurant, and the addition of beer and wine service will not impact these streets. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: Approval of on-site beer and wine service for the existing restaurant use is consistent with the Commercial Land Use Designation of the site, and consistent with the current and envisioned character of the Baldwin Avenue/Duarte Road commercial district. The proposal will not adversely affect the comprehensive General Plan. f. Provided a project has no potential to cause a significant effect on the environment, it is eligible to be exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption). FACT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the Project has no potential to cause a significant effect on the environment and is exempt pursuant to Section 15301 of the CEQA Guidelines, Class 1, which exempts negligible operational changes to existing facilities. 3 SECTION 3. That for the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14-10, thereby amendment Conditional Use Permit No. 12-20, and determined that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, to allow beer and wine service within the existing restaurant at 1227 S. Baldwin Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of October, 2014. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 RESOLUTION NO. 1916 Conditions of Approval 1. Business hours shall be from 11:00 a.m. to 1:00 a.m. with operational hours from 10:00 a.m. to 2:00 a.m., daily. 2. The glass entry doors that front Baldwin Avenue shall remain open during business hours and each door must have a handle on both sides. 3. On-site Beer and Wine Service is approved for this restaurant. No other alcoholic beverage service, live music, karaoke, or entertainment is approved under this Conditional Use Permit. 4. Approval of CUP 12-20 and ADR 13-10 includes a parking modification for the center of 1,137 spaces in lieu of 1,946 spaces required. 5. The shopping center management company shall place signs on the premises informing and directing people to the lower and upper level parking area of the parking structure and to the employers to remind their employees to park in the designated areas. The locations, design, and copy of the signs shall be subject to approval by the City Engineer or designee, and installed prior to the opening of either this restaurant, or the expanded Starbucks Coffee at 733 W. Naomi Avenue. 6. The management company should regularly post maps to remind their tenants that their employees must be in the designated employee parking areas, as new employees are hired may not be aware of this requirement. 7. A traffic consultant shall consult with the City Engineer or designee to observe the parking situation in the lot at the most eastern part after the restaurants located at 1227 and 1271 S. Baldwin Avenue are both open for business. This review will be to determine whether time-restricted parking spaces need to be enforced and/or expanded. The cost for this traffic review, as well as any expense incurred for new signage or time restrictions, shall be the responsibility of the owner of the shopping center. 8. The Best Management Practices (BMPs) required of restaurants shall be complied with to the satisfaction of the Public Works Services Director, or designee. Any changes to the 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. 9. 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 facility may be subject to permits and having fully detailed plans submitted for plan check review and approval. 10. Approval of CUP 14-10 is limited to a restaurant with beer and wine service, which shall be operated and maintained in a manner that is consistent with the proposal 5 and plans submitted and approved for CUP 12-20 as amended by CUP 14-10, 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. 11. Noncompliance with the plans, provisions and conditions of approval for CUP 14-10 and CUP 12-20 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 12. 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. 13. Approval of CUP 14-10, thereby amending CUP 12-20 to allow wine and beer service within the existing restaurant shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6 Attachment No . 2 Resolution No. 1873 (CUP 12-20) Attachment No. 2 RESOLUTION NO. 1873 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 12-20 WITH A PARKING MODIFICATION AND ARCHITECTURAL DESIGN REVIEW NO. ADR 13-10 FOR A NEW ASIAN FUSION RESTAURANT IN AN EXISTING 7,260 SQUARE FOOT COMMERCIAL UNIT, REMODEL OF THE EXTERIOR STOREFRONTS, AND A NEW OUTDOOR DINING AREA THAT FRONTS BALDWIN AVENUE AT 1227 S. BALDWIN AVENUE. WHEREAS, on November 7, 2012, the applications were filed by Yvonne Lam on behalf of the property owner Baldwin Arcadia, LLC for a new Asian Fusion restaurant in an existing 7,260 square foot commercial unit, remodel of the exterior storefronts, and a new outdoor dining area that fronts Baldwin Avenue at 1227 S. Baldwin Avenue; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under CEQA Article 19 Categorical Exemptions Section 15301 of the CEQA Guidelines for existing facilities; and WHEREAS, a public hearing was held by the Planning Commission on May 28, 2013, 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 May 28, 2013 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 Designations of the site and will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the C-2, General Commercial Zones, a restaurant is allowed with an approved Conditional Use Permit per Section 9275.1.55.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Based on the proposal, the existing parking availability, and the on- site circulation, the site is adequate for the proposed restaurant. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The proposed restaurant will not increase the traffic that is expected at this location, which fronts on Naomi Avenue. This street and the other streets around this center (Baldwin Avenue, Duarte Road, and Golden West Avenue) are adequate for the type of traffic that is to be generated by this use. -2- 1873 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 12-20 with a parking modification and Architectural Design Review No. ADR 13-10, subject to the following conditions: 1. Business hours shall be from 11:00 a.m. to 1:00 a.m. with operational hours from 10:00 a.m. to 2:00 a.m., daily. 2. The glass entry doors that front Baldwin Avenue shall remain open during business hours and each door must have a handle on both sides. 3. No live music, entertainment, or alcoholic beverage service is approved under this Conditional Use Permit, and any live music, entertainment, karaoke, alcoholic beverage service, etc. shall require a separate Conditional Use Permit. 4. This approval of CUP 12-22 and ADR 13-08 includes a parking modification for the center of 1,137 spaces in lieu of.1,946 spaces required. 5. The shopping center management company shall place signs on the premises informing and directing people to the lower and upper level parking area of the parking structure, and to the employers to remind their employees to park in the designated areas. The locations, design, and copy of the signs shall be subject to approval by the City Engineer or designee, and installed prior to opening of the restaurant. -3- 1873 6. The management company should regularly post maps to remind their tenants that their employees must be in the designated employee parking areas, as new employees are hired may not be aware of this requirement. 7. A traffic consultant shall consult with the City Engineer or designee to observe the parking situation in the lot facing the most eastern part after the restaurants located at 1227 and 1271 S. Baldwin Avenue are both open for business. This review period will be used to determine whether time-restricted parking spaces should be enforced and/or expanded. The cost for this traffic review, as well as any expense incurred for new signage, or time restrictions on grade, will be the responsibility of the management company for the shopping center. 8. The Best Management Practices (BMPs) required of restaurants shall be complied with to the satisfaction of the Public Works Services Director, or designee. Any changes to the 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. 9. 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 facility may be subject to permits and having fully detailed plans submitted for plan check review and approval. -4- 1873 10. The use approved by CUP 12-22 and ADR 13-10 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 12-22 and ADR 13-10, 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, 11. Noncompliance with the plans, provisions and conditions of approval for CUP 12-22 and ADR 13-10 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 12. 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. -5- 1873 13. Approval of CUP 12-20 and ADR 13-10 shall not be of effect unless the property owner(s), applicant(s), and/or 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 28th day of May, 2013. Chairman, Planning Commission ATTEST: Secre Ty APPROVED AS TO FORM: S'(1■0.4,, 0. -(A,7,-4.,4 Stephen P. Deitsch City Attorney -6- 1873 Attachment No. 3 —Aerial Photo with Zoning Information Site Address: 1227 S BALDWIN AVE Property Owner(s): BALDWIN ARCADIA CENTER LP 4 to : i + ,, , .• J * fp f Ell .! # + gyp,...F.ilr M.,* B M M ♦7r4"---..,„ f � a fili O.i ~y OP} rte..,it 0 it },1 til 11,1111 alt • i• r lit 0 t •+ i II t 4 lilt ia 4.1 Pt • A r\ril i ts r0, ms � . e roil Property Characteristics Selected parcel highlighted Zoning: C-2 `Tm�. l�rI116 General Plan: a *"' ° "' i' ..C ��If1�M1�11l1��1 '' Lot Area (sq ft): 37,695 - r !x'11111111µ : Main Structure / Unit(sq. ft.): 37,542 �letli>l � • Year Built: 1953 } - i,l1,,,,' Number of Units: p �� . 111111111111 irr: i�11'11111111 Overlays arii -"wining- =_11111111 Parking Overlay: n/a =nr + II :11111 ; 11111,11111 Ale' Downtown Overlay: n/a ,. Q 1o:Isl 1!1!1111 Special Height Overlay: H-4 ��siI�L��I Architectural Design Overlay: n/a Parcel location within City of Arcadia 0 This map is a user generated static output from an Internet mapping site and is for Report generated 30-Sep-2014 reference only. Data layers that appear on this map may or may not be accurate,current, or otherwise reliable. Page 1 of 1 Aerial Photo with Zoning Information —Attachment No. 3 Attachment No. 4 - Page 1 of 2 — Site Plan :41SAV`::14a7VG Q� Q , monl.:Iii4m...11,......,........m._ 1 :, ., 111L-1,1-1 INIrr � vi _ I I II0 I1bL ; L: xi1iii: J 4 i in I I- I O JJi I .1 k I r� a. I - I----- ---i 1 1111110 : ...r■rr.. . ...r■rr■ 9,am 301 0 Y 11Y.1.321() o Site Plan -Attachment No. 4 - Page 1 of 2 Attachment No. 4— Page 2 of 2 — Floor Plan 1 ! , 4.4• iii_ .,; .401,,,,II • •• '' Ii 1: 1.1 • A 1 MIL .04 L •♦♦ • i 1:. • '•'♦ ♦ I I 4v• v. *A g•''• 4 I I 0; .11164-4 . .„ ., ., a 101 Arlik 4 z •♦� •11 IIIII F On I pij 1111. = Illi . (461 -Om Ilir ir. 7;, . .. -... :„. 0 k It ... +4 I �O IIiI' V h I- 1 O 1O O • C5 11 al �_ • • •I al 81 1 a MEN [0] ion ilii A I I II. 1 ip -- E •1. ►� NI' MI-ii .. it' I. . - ,:. zi O �' V 11 }a [J 1-91 ¢,q .bpl b10 Floor Plan —Attachment No. 4— Page 2 of 2 Attachment No. 5 - Page 1 of 2 - View of Subject Property from Baldwin Avenue \/ i 4 /- , !'l I• AI, ' fi J i i • I�,. - ' .. A F .__ , ., . . .x,g, , , ,,,,,, ) ,,, •.:„.,,-... .. „, Jr- , mss,- t { ; ' . 4.. Aes.. \ ,,' J Vt ,: e / 'v r ' p'. t LtU ! P _104- *` �_ ,?f D r', LL .ii - .._, .. /� . •Its T:1*,„,i- _ .., 1 .1Pi .. -..- - - e,,, s �: � , A 1, :„. ti. _ IP �.i� , yam. tom, ' ,r ' �� '`"( _ I _rrpr t , ,40 e x _ i ,_J i ' A II .4.4f Iii° Ar :11111r": ligl:.: ':I.i.-..-...'-7:. - ' • It i -4i f d.,,,, , ipi I �. am-/` . , 4,, ors; % �i`r1,/,' f 1 �r K " View of Subject Property from Baldwin Avenue Attachment No. 5- Page 1 of 2 Attachment No. 5 - Page 2 of 2 — View of Subject Property from Interior Parking Lot i •w.. , ,f4, ze t I' •1 1 ! • ..„., ... „. , ... JIL it , .. ,,, ., i ... , . , , .„ _. ..., .., ,,, i 'q 0 I L.i 3 J r---- J si • 1 .Esol I . , ,,/ , // ti i,,,,,i,,,,,,,,, ,,!'''''' li .. :kr' ,i,„ t 4 / ,. , a 1 I'll n.— cc i ilt' i �. I t--J) I t . -. View of Subject Property from Interior Parking Lot g Attachment No. 5 - Page 2 of 2 Attachment No. 6 04CITY OF ARCADIA `� 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Conditional Use Permit No. CUP 14-10 2. Project Location—Identify street 1227 S. Baldwin Avenue address and cross streets or attach (Cross streets— Duarte Road and Naomi Avenue) 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 Yvonne Lam (2) Address 1227 S. Baldwin Ave. Arcadia, CA 91007 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: 15301 - Class 1 (Existing Facility). 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: September 20, 2014 Staff: Tim Schwehr, Associate Planner FORM "A"— Preliminary Exemption Assessment Attachment No. 6 Attachment No. 7 — 300-foot Radius Map - ..ti, 1-_____ Ate. FAIRVF .. I a ------- Q- , ,_ ______ ,, , _-, -_. , , „ I .4 .4. . :4 r B +A AGDIAI _ ` .r _ al' A P I , ----- __3 i �AR CADIA `'C pp J J I © i -,p = TRAM q 1. ( AVE. + •.WWMAOy. ` � - La ..� 4B ,p t !• ! yE No i c 0 1, :, 1 1)31 a�rciz .... AeE. i zl�.�. Z , [� ° GTR/q :., `&rEEl rO ra' © ® � �JV ® ��r2 j�r� I ^ .� 19+2!1" Ft3j ® ®I e„'� p� 4 +B f1q�1($2, J i ' ' ;� 0 V. ®� 119!Q." � ° , ` 0 ... opolh 'v�,��, 109, ' 1 I. 8.4'1; C) Also qp 44.;.,.,,,,, 75- -Q7,-- --k . 0,,r.tp. i 1 0 4)115:5 f.9--1 MR aDm ®® ® Iii ®m 4 ® ci® A I DIBRTC RD. `[ABATE: • _ • aDIARTE 1 E I • • ' ,C:RD Z ,y < SANTA AN LD co TR .,� .� S % , /�ii a 'r_6:- .1 O0� �� II r�.vi, _ toe 4 ( ' ' ll'T ' 0'44 0 0 OfAlg APrali tete ,,--ii drd, .�/ ��°� s",j a 101 o ira V 00' . ,.., trayprovii ,f .„ _'-aiy.,E"..' ' ''''' fit,p.,_44:•.:0101!"0"r4 9 ,D � 1 . IL/Pikff'' � pi � A/ ,p, — E 0 hi • a dr ' /r ' A°' A __ .A ,4 MCA +NWDUI •ANEW 4 i . t:MatntY i:" wErci . _ , c)......._, 0 ,'��'/J(�y��\ SHfFI 1 4, ,itozi , ._. o . egos a i , _ 70- 1 m0 ® ©N� ° � a F..„,.. co 1111111MINIPInimi.,—. i ; -Au\,-:.;-::..- "Ix c5.- 7,-- SHECT _ _ aft, ,�i Ng VC`,°WIND REAL , . 1 CAMINO REAL _ _ .n= E 1� °' A r :1,1,1_ ..F'.yag., 11�. i e Ok i© ® cT .I.°f ,.., .out o. r7._® ° I c� d 1 z a i_- ' R �- are SUE MORENO PROJECT INFORMATION ,N 4,erniCet (626)350-5944 1227 S. BALDWIN AVE. 4 rnormarnolattstnnglotml net OWNERSHIP/OCCUPANTS LIST RADIUS MAPS-LAND USE-PLANS ARCADIA, CA. MUNICIPAL COMPLIANCE CONSULTING 14-267 I110!LAMEST Wtf IIpUE.CA OIL.iM MEOW ED 300-foot Radius Map —Attachment No. 7