HomeMy WebLinkAbout1789RESOLUTION NO. 1789
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE
PERMIT NO. CUP 08 -15 AND A RELATED PARKING
MODIFICATION TO EXPAND AN EXISTING 1,006 SQUARE -FOOT
EATING ESTABLISHMENT INTO A 1,971 SQUARE -FOOT
RESTAURANT WITH BEER AND WINE SERVICE AND SEATING
FOR 33 PATRONS AT 921 S. BALDWIN AVENUE, UNITS G & H.
WHEREAS, on October 10, 2008, a Conditional Use Permit application was filed
by Terence Kwok to expand an existing 1,006 square -foot eating establishment into a
1,971 square -foot restaurant with beer and wine service and seating for 40 patrons;
Development Services Department Case No. CUP 08 -15, at property commonly known
as 921 S. Baldwin Avenue, Units G & H; and
WHEREAS, a public hearing was held by the Planning Commission on December
9, 2008, at which time all interested persons were given full opportunity to be heard and
to present evidence; and
WHEREAS, on December 9, 2008, the Planning Commission closed the public
hearing for CUP 08 -15; and
WHEREAS, based on testimony that the owner of another restaurant in the same
center had recently submitted a Conditional Use Permit to increase the number of
permitted seats in that restaurant, the Planning Commission voted to continue CUP 08 -15
to the January 27, 2009 meeting in order to review both CUP applications concurrently;
and
WHEREAS, on December 15, 2008, the owner of the restaurant proposed by CUP
08 -15 submitted a letter requesting that the Planning Commission reconsider the
continuance and act on the application as soon as possible; and
WHEREAS, on January 13, 2009, the Planning Commission reviewed the
business owner's request but voted 4 to 0, with one member absent, to reaffirm the
continuance to January 27, 2009; and
WHEREAS, a second public hearing was held by the Planning Commission on
January 27, 2009, 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 provided by the Development Services
Department in the staff reports dated December 9, 2008 and January 27, 2009 are true and
correct.
SECTION 2. This Commission finds:
1. That the granting of Conditional Use Permit No. CUP 08 -15 will not be
detrimental to the public health or welfare, or injurious to the property or improvements
in such zone or vicinity because the proposed project is a minor alteration of an existing
facility and is therefore exempt from the California Environmental Quality Act (Class 1
Categorical Exemption, Section No. 15301).
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other
features including the shared parking with the other businesses in the same center, are
adequate to adjust said use with the land and uses in the neighborhood. The proposed
2 Resolution No. 1789
project with an approved parking modification complies with all related zoning
requirements as set forth in the Arcadia Municipal Code.
4. That the site abuts streets and highways adequate in width and pavement type
to carry the kind of traffic generated by the proposed use.
5. That the granting of Conditional Use Permit No. CUP 08 -15 will not
adversely affect the comprehensive General Plan because the land use and current zoning
are consistent with the General Plan.
6. That the use applied for will not have a substantial adverse impact on the
environment, and that based upon the record as a whole there is no evidence that the
proposed project will have any potential for an adverse effect on wildlife resources or the
habitat upon which the wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants Conditional
Use Permit No. CUP 08 -15 to expand an existing 1,006 square -foot eating establishment
into a 1,971 square -foot restaurant with beer and wine service, subject to the following
conditions:
1. The business hours of the restaurant shall not exceed 11:00 a.m. to 11 :00 p.m., 7
days a week.
2. The restaurant shall be operated and maintained in a manner that is consistent
with the proposal and plans submitted and conditionally approved for CUP 08 -15 (a 1,971
square -foot restaurant with beer and wine service and seating for up to 33 patrons), subject
to the satisfaction of the Community Development Administrator.
3. The approval of CUP 08 -15 includes a parking modification to allow 50 spaces
in lieu of 75 required for the commercial center in which the subject use is located. This
3 Resolution No. 1789
parking modification is approved only for purposes of allowing the specific use approved by
CUP 08 -15.
4. Noncompliance with the plans, provisions and conditions of approval for CUP
08 -15 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the restaurant.
5. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency access, and site design shall be complied with to the
satisfaction of the Building Official, Community Development Administrator, Fire
Marshall, City Engineer, and Public Works Services Director.
6. Approval of CUP 08 -15 shall not take effect until the property owner(s), business
owner(s), and applicant have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these conditions
of approval.
7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and
its officers, employees, and agents from and against any claim, action, or proceeding against
the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of Arcadia concerning this project and/or land
use decision, including but not limited to any approval or condition of approval of the City
Council, Planning Commission, or City Staff, which action is brought within the time
period provided for in Government Code Section 66499.37 or other provision of law
applicable to this project or decision. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the project and/or land use decision and the City
shall cooperate fully in the defense of the matter. The City reserves the right, at its own
4 Resolution No. 1789
option, to choose its own attorney to represent the City, its officers, employees, and agents
in the defense of the matter.
8. A notice indicating the maximum seating capacity approved by CUP 08 -15 of
33 persons shall be conspicuously posted and maintained inside the restaurant. Said
notice shall be subject to review and approval by the Community Development
Administrator or designee prior to issuance of an occupancy permit.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 10th day of February, 2009.
ATTEST:
APPROVED AS TO FORM:
P. iae�.(-4
Stephen P. Deitsch, City Attorney
�� l3 iftxz
Chairman, Planning Commission
5 Resolution No. 1789
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1789 was passed and
adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 10th day of February 2009 and that said Resolution was adopted by the
following vote, to wit:
AYES: Comimssioners Baderian, Baerg, Hsu, Parrille and Beranek
NOES: None
?)---retary of the Planning Commission
STAFF REPORT
Development Services Department
January 27, 2009
TO:
FROM:
SUBJECT:
SUMMARY
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
By: Steven Lee, Assistant Planner
Conditional Use Permit Application No. CUP 08 -15 and a related parking
modification for a 1,971 square -foot restaurant with beer and wine service
and seating for 40 patrons at 921 S. Baldwin Avenue, Units G & H
Conditional Use Permit Application No. CUP 08 -15 was continued from the December 9,
2008 Planning Commission meeting. CUP 08 -15 proposes to expand an existing 1,006
square -foot eating establishment into an adjacent unit to create a 1,971 square -foot
dine -in restaurant with beer and wine service and seating for 40 patrons. The
Development Services Department is recommending approval of Conditional Use
Permit Application No. CUP 08 -15, subject to the conditions listed on page 6 of this
report.
GENERAL INFORMATION
APPLICANT: Terence Kwok (Architect)
LOCATION: 921 S. Baldwin Avenue, Units G & H
REQUEST: A Conditional Use Permit and parking modification to allow a 1,971
square -foot restaurant with beer and wine service and seating for 40
patrons at 921 S. Baldwin Avenue, Units G & H
SITE AREA: Approximately 29,710 square feet (0.68 acre)
FRONTAGES: Approximately 182 feet along South Baldwin Avenue and 120 feet
along Fairview Avenue
ZONING & EXISTING LAND USE:
The site is zoned C -2, General Commercial, and is developed with a
one -story 9,976 square -foot commercial strip center containing a mix
of commercial uses. A total of 50 parking spaces are provided in a
surface lot behind the building.
GENERAL PLAN DESIGNATION:
Commercial
SURROUNDING LAND USES & ZONING:
North: Bank and restaurant, zoned C -2
South: Convenience store, zoned C -2
East: Mixed commercial, zoned C -2
West: Multiple- family residential, zoned R -3
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit No. CUP 08 -15 were mailed on
November 26, 2008 to the property owners, tenants and occupants of those properties
that are within 300 feet of the subject commercial center (see attached radius map).
Because the proposed project is exempt from the requirements of the California
Environmental Quality Act (CEQA), the public hearing notice was not published in the
Arcadia Weekly newspaper. Additionally, the application was not re- noticed for tonight's
meeting because the public hearing was closed at the December 9, 2008 meeting with
discussion continued to a date certain. Staff did not receive any comments from the
neighboring residents or business owners regarding the proposed restaurant.
BACKGROUND
The subject units are located at the south end of an existing single -story 9,976 square -
foot commercial strip center constructed in 1987. Unit H is currently occupied by the
English House of Fish & Chips, and is operating under Conditional Use Permit No. CUP
87 -19 for an eating establishment with seating for 12 patrons. Unit G was previously part
of a martial arts studio (CUP 96 -01) but is currently vacant.
A public hearing on this proposal was held by the Planning Commission at its
December 9, 2008 meeting. However, because the owner of another restaurant in the
same retail center testified that she had just submitted a Conditional Use Permit
application to increase the number of permitted seats in her restaurant, the
Commission decided to continue discussion of CUP 08 -15 to tonight's meeting so that
both CUP applications could be reviewed concurrently.
On December 15, 2008, the owner of the proposed business, Dr. Nan Sook Lee,
submitted a letter explaining that the delay had put her business plans in jeopardy. Dr.
CUP 08 -15
921 S. Baldwin Avenue, Units G & H
January 27, 2009 — page 2
Lee requested that the Planning Commission reconsider the continuance and act on
the application as soon as possible. On January 13, 2009, the Planning Commission
reaffirmed the continuance to review the application at tonight's meeting.
PROPOSAL AND ANALYSIS
The applicant is proposing to expand an existing eating establishment into an adjacent
unit to create a 1,971 square -foot dine -in restaurant (dba Happy Blues Crab) with beer
and wine service and seating for 40 patrons. The proposed hours of operation are 11:00
a.m. to 11:00 p.m., 7 days a week. According to Arcadia Municipal Code Section
9275.1.53.5, a restaurant is permitted in the C -2 zone with an approved Conditional Use
Permit. The proposed restaurant would be located at the south end of the multi- tenant
commercial strip center on the northwest corner of Baldwin Avenue and Fairview
Avenue. The commercial center currently contains a mix of retail uses, restaurants, and
a dental office. Several Conditional Use Permits and Parking Modifications have been
approved for this center over the last 20 years, resulting in an overall parking deficiency
at the site. The current uses and parking requirements of the center are summarized in
the table below:
Unit #
A
13
C
D
E
F
G*
H*
Totals:
921 S. Baldwin Avenue — Existing Uses and Parking
Parking
Required
Current Use
Restaurant
Restaurant
Dental office
Fitness gym
Flower shop
Day spa
Vacant (presumed retail)
Eating establishment
*Subject units
Sq. Ftg.
1,358
1,393
1,447
1,563
1,075
1,169
965
1,006
9,976
Requirements
Notes
13.6
13.9
8.7
7.8
5.4
5.8
4.8
10.06
70
CUP 94 -01 (max 8 seats)
CUP 89 -19 (max 40 seats)
MC 91 -08
CUP 87 -19 (max 12 seats)
With a parking requirement of 70 spaces and only 50 spaces provided on -site, the
center is currently deficient by 20 parking spaces. Approval of the proposed restaurant
would further increase the deficiency because the proposal involves converting a
general retail space (Unit G) into a restaurant use, and the parking requirement is
greater for restaurants than for retail uses (10 spaces per 1,000 square feet of floor area
for restaurants /eating establishments versus 5 spaces per 1,000 square feet for retail).
Pursuant to the City's parking regulations, a 1,971 square -foot restaurant would require
20 parking spaces, or 5 spaces more than would be required if unit G were to remain
retail and unit H were to remain an eating establishment. As a result, the parking
deficiency at the center would increase from 20 to 25 spaces; 50 spaces in lieu of 75
spaces required overall.
In order to assess the actual parking situation at the site, the Development Services
Department asked the applicant to provide a parking survey tracking the number of
vacant parking stalls at the site at different times of the day. The attached survey was
CUP 08 -15
921 S. Baldwin Avenue, Units G & H
January 27, 2009 — page 3
conducted between Thursday, September 11, 2008 and Sunday, September 21, 2008.
The applicant recorded the number of unoccupied parking spaces at hourly intervals
between 10 :00 a.m. and 9:00 p.m. Staff visited the site on multiple occasions and
verified that the survey data is accurate. As expected, parking demand was highest
during the lunch and dinner hours due to the numerous restaurants at the center.
Parking availability ranged from 47 vacant spaces at 10:00 a.m. on a Sunday to only 2
vacant spaces at 7:00 p.m. on a Friday. The parking shortage was particularly severe
during weekend dinner hours when the parking lot was consistently over 90 percent
occupied.
Under the current parking conditions, staff believes the opening of a new 40 -seat
restaurant has the potential to create a serious parking shortage at the site. However,
while researching the files for the subject property, staff discovered that the restaurant in
unit A (dba Dumpling House) is only permitted to have seating for 8 patrons in
accordance with Conditional Use Permit No. CUP 94 -01, which was originally granted
for a Mexican fast -food restaurant. According to the City's business license records,
there have been at least two other restaurants in the unit prior to Dumpling House, but
staff is unaware of whether or not they were operating in compliance with the seating
condition. Unfortunately, the dumpling restaurant has been operating with 44 seats
since it opened in 2006. As a result, the owner of Dumpling House recently submitted a
Conditional Use Permit application (CUP 08 -19) to revise the previously approved CUP
and increase the number of permitted seats from 8 to 37. Both Conditional Use Permit
applications are under consideration at tonight's hearing.
Although the Municipal Code's parking requirement for restaurants and eating
establishments is based on gross floor area and not the number of seats, staff believes
that limiting the number of tables and chairs available for customer use could reduce the
demand for parking. The subject commercial center currently has three restaurants and
eating establishments with a total of 96 seats. Staff finds the two CUP requests to be
acceptable provided that the aggregate number of restaurant seats at the center does
not increase. Eliminating the existing 40 -seat Japanese restaurant in unit B from the
equation, there are a total of 56 seats available for Dumpling House and the proposed
Happy Blues Crab restaurant. Staff recommends allocating the 56 seats proportionally
based on each unit's square footage. Unit A (Dumpling House) is 1,358 square feet in
area and Units G & H, when combined, would be 1,971 square feet, or approximately 45
percent larger than unit A. Therefore, unit A should be allocated 23 seats and units G &
H should be allocated 33 seats (approximately 45 percent more). The existing and
proposed seating capacities are summarized in the following table:
Restaurant seating capacities at 921 S. Baldwin Avenue
Current conditions Proposed
Unit A (Dumpling House) ..44 seats Unit A (Dumpling House) 23 seats
Unit B (Japanese Restaurant).....40 seats Unit B (Japanese Restaurant) 40 seats
Unit H (Fish & Chips) 12 seats Units G & H (Happy Blues Crab)....33 seats
Total 96 seats Total 96 seats
CUP 08 -15
921 S. Baldwin Avenue, Units G & H
January 27, 2009 — page 4
Though approval of this CUP will further increase the parking deficiency at the site by
five (5) parking spaces, staff believes the actual parking situation will not be significantly
affected provided that the restaurants strictly adhere to the approved seating limits. This
will obviously require monitoring by staff. Additionally, it is staffs opinion that allocation
of the seats to each restaurant based on its square footage is equitable to both parties,
and will help ensure that all of the businesses at the center can continue to operate with
adequate parking for their customers and employees.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, emergency access, and site design shall be complied with to the satisfaction of
the Building Official, Community Development Administrator, Fire Marshall, City
Engineer, and Public Works Services Director.
CEQA
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the
Development Services Department has determined that the proposed project is a minor
alteration of an existing facility, and is therefore categorically exempt from CEQA (Class
1, Section 15301). A Preliminary Exemption Assessment is attached.
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.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and
other features required to adjust said use with the land and uses in the
neighborhood.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
CUP 08 -15
921 S. Baldwin Avenue, Units G & H
January 27, 2009 — page 5
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 08 -15, subject to the following conditions:
1. The business hours of the restaurant shall not exceed 11:00 a.m. to 11:00 p.m., 7
days a week.
2. The restaurant shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and conditionally approved for CUP 08 -15 (a
1,971 square -foot restaurant with beer and wine service and seating for up to 33
patrons), subject to the satisfaction of the Community Development Administrator.
3. The approval of CUP 08 -15 includes a parking modification of 50 spaces in lieu of
75 required. This modification is approved only for the specific combination of uses
approved by CUP 08 -15, and not for the building and/or site in general.
4. Noncompliance with the plans, provisions and conditions of approval for CUP 08-
15 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the restaurant.
5. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency access, and site design shall be complied with to the
satisfaction of the Building Official, Community Development Administrator, Fire
Marshall, City Engineer, and Public Works Services Director.
6. Approval of CUP 08 -15 shall not take effect until the property owner(s), business
owner(s), and applicant have executed and filed the Acceptance Form available
from the Development Services Department to indicate awareness and acceptance
of these conditions of approval.
7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and/or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
CUP 08 -15
921 S. Baldwin Avenue, Units G & H
January 27, 2009 — page 6
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 08 -15, state the supporting findings,
and direct staff to prepare a resolution incorporating the Commission's decision, specific
determinations and findings, including the CEQA exemption, and the conditions of
approval, for adoption at the next meeting.
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional Use Permit Application No. CUP 08 -15, state the finding(s) that the
proposal does not satisfy, and direct staff to prepare a resolution incorporating the
Commission's decision and specific findings, for adoption at the next meeting.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the January 27th meeting, please contact Steven Lee,
Assistant Planner, at (626) 574 -5444 or via email at slee{cr�.ci.arcadia.ca.us.
Approved by:
,•Irrasama, Community Development Administrator
Attachments: Aerial Photo with Zoning Information
Radius Map
Plans
Parking Survey
Photos
Preliminary Exemption Assessment
CUP 08 -15
921 S. Baldwin Avenue, Units G & H
January 27, 2009 — page 7
CUP 08-15 - 921 S. Baldwin Ave., Units G & H
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Subject commercial strip center —south side
Subject commercial strip center —north side
Shared parking lot at rear — looking north
Shared parking lot at rear — looking south
Subject units ---G & H
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 08 -15 and the related parking modification for a 1,971 square -foot
restaurant with beer and wine service with meals and seating for 40 patrons at 921 S. Baldwin Avenue, Units G
& H.
2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 772' topographical map identified by quadrangle name):
921 S. Baldwin Avenue, Units G & H (at Fairview Avenue)
3. Entity or person undertaking project: El A. City of Arcadia
El B. Other (Private)
(1) Name: Terence Kwok
(2) Address: 260 E. Garvey Avenue
Monterey Park, CA 91755
(3) Phone: (323) 697 -2120
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City'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.
G. ❑ The project is an Emergency Project.
d. ❑ The project constitutes a feasibility or planning study.
e. ® The project is categorically exempt. Applicable Exemption Class: 1
Section No.: 15301
f. ❑ The project is statutorily exempt. Applicable Exemption:
Section No.:
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: November 28, 2008 Staff: Steven Lee, Assistant Planner