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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 CUP 08- 99.929 S. Baldwin Ave., Unit A ) S2 50 -----, 19 - 6 tt-60 vs n N. 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TER5HOE ARGHi17 - 61.16 I AN INSTRWEIIT QP SER.VhCE pRovVED T-OR 11 THE snow-4. p7o.a.50- ipENTIFIEP, P.7-15THER PROJEGT 15 OONPLETEO. soarreFr THE AININES 7E510N SHALI- 5E. i..5Er; OH 011-15R fROJE51-5 OR ON .45 T5 OR MOOIFILATiONS Q THk5 FRQ,.157 1111140uT T5N CoN5E1T OF TERFHog AROHITEGT, o APPROFRIMELY COMPEN5A-1:17 FOR RICH LVE.' 1661 TERENCE KJAIOK..ARCHITECT 260 E. GIARVEY AVE, MONTERE:1' PAR, A c11-155 52S-6°M-2120 :Ks 1 Parking Study for 921 Baldwin Ave., CA 91007 From 9/11/2008 to '912112008 co °Ncc)r') — rs1e en ai • co N N co ti co S'7 C=i N N N A 9 Ia.. N G7 C3 C7 N FJi to C] C? ea 0) 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