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HomeMy WebLinkAboutItem 2 - CUP 17-09, 1205-A S. Baldwin AvenueDATE: November 14, 2017 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning/Community Development Administrator By: Jordan Chamberlin, Associate Planner SUBJECT: RESOLUTION NO. 2005 – APPROVING CONDITIONAL USE PERMIT NO. CUP 17-09 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW RESTAURANT WITH ALCOHOLIC BEVERAGE SERVICE, KARAOKE, AND EXTENDED HOURS OF OPERATION AT 1205-A S. BALDWIN AVENUE IN THE ARCADIA HUB SHOPPING CENTER Recommendation: Adopt Resolution No. 2005 SUMMARY The applicant, Kai Wing Wai, is requesting approval of Conditional Use Permit Application No. CUP 17-09 to operate a full service restaurant with alcoholic beverage service, 10 private dining/karaoke rooms, and extended hours of operation (until 2:00 a.m., seven days a week) within the existing 4,888 square foot unit at 1205-A S. Baldwin Avenue, in the Arcadia Hub Shopping Center. The project has been found to be a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA) as the use of an existing building. It is recommended that the Planning Commission adopt Resolution No. 2005 (Attachment No. 1) to find that the project is Categorically Exempt under CEQA and approve CUP 17 -09, subject to the conditions listed in this staff report. BACKGROUND The subject commercial unit is located in the Arcadia Hub Shopping Center, an approximately 772,134 square foot site with 349,768 square feet of commercial floor area that fronts Duarte Road, Baldwin Avenue, and Naomi Avenue. The subject unit is located in the northeast portion of the site on the second level above Burlington. The zoning of this portion of the property is C-G, General Commercial – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property and surrounding properties. The properties across the street from this center along West Duarte Road are also zoned C-G. The uses include office, commercial, and retail. At 753 W. Duarte Road, northwest of the subject site, there is a senior living facility. Further west along W. Duarte Road, the zoning changes to R-3, Multiple-Family zoned properties with residences. CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 2 of 12 The subject unit is 4,888 square f eet and this unit and the one next door was previously occupied by Jo-Ann Fabrics. In 2014, the unit was divided into two units; the subject unit has been vacant since then, and the other unit is occupied by Daiso (a retail store). There are 1,138 parking spaces within the surface parking lots and in the parking structure adjacent to the Burlington. In 2015, the Planning Commission approved a parking plan for the center that would allow the property owner to repurpose the buildings with the right mix of uses for this center while still complying with the parking requirements based on the existing available parking supply. If this use is approved, there will be 127 available parking spaces available on site. PROPOSAL The applicant is requesting approval of a Conditional Use Permit to operate a full service restaurant with alcoholic beverage service, 10 private dining/karaoke rooms, and extended hours of operation – see Attachment No. 3 for the Site Plan, Floor Plan, and Interior Elevations. The restaurant would provide an Asian fusion menu serving lunch, afternoon tea, dinner, and late supper. The business owner currently has two other restaurants/karaoke businesses located in Alhambra and Hacienda Heights that have been in operation since 2003 and 2014, respectively. This would be the applicant’s third restaurant/karaoke location. The proposed restaurant will have a 1,613 square foot main dining area, and 10 private karaoke rooms where the patrons can sing and dine – refer to Figure 1 below. No karaoke is proposed in the main dining area. The private dining/karaoke rooms will seat between six to 13 people. The entire unit will provide seating for approximately 150 people and the maximum occupancy for the unit is 200 people. The proposed business hours are from 11:00 a.m. to 2:00 a.m., seven days a week. There will be six employees and a uniformed security guard that will be on-site from 9:00 p.m. until closing. Figure 1. Proposed Floor Plan CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 3 of 12 No major structural remodeling is proposed to accommodate the use. However, extensive interior remodeling is proposed, and would include installation of new partition walls, installation of equipment and new flooring, plumbing and electrical work. Except for signage, no significant exterior changes are proposed to the building. ANALYSIS The City’s Development Code requires a Conditional Use Permit for any restaurant that is larger than 2,000 square feet in area, serves alcohol ic beverages, has karaoke as part of the restaurant operation, and operates past midnight (propose d to open until 2:00 a.m.). Restaurant & Karaoke Use The proposed business location is on the upper level of the Arcadia Hub Shopping Center. This area is somewhat isolated from the rest of the center. According to Development Code Section 9104.02.190, karaoke is only permitted as an accessory use to an eating or drinking establishment, and cannot exceed more than 49 percent of the seating and dining area. The applicant is proposing karaoke in the 10 private rooms only; there is no karaoke proposed in the main dining area. The total seating and dining area for the restaurant is 2,931 square feet. The main dining area is 1,613 square feet and the combined square footage of the 10 private rooms is 1,318 square feet. The total seating and dining area would be devoted to karaoke uses is 45 percent, which is less than the maximum 49 percent allowed. As required in the Code and shown on the interior elevations each room will have a clear glass window and glass door that allows for observation outside of the room - refer to the Attachment No. 3 for the interior elevations. As a condition of approval, the windows shall remain unobstructed to allow easy viewing from the hallway into the private rooms. Alcoholic Beverage Service The applicant is also requesting approval of alcoholic beverage service for beer, wine, and liquor. The applicant’s current business in Hacienda Heights offers beer and wine Figure 2. Example of private dining/karaoke room Figure 3. Example of main dining room CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 4 of 12 service. According to the California Department of Alcoholic Beverage Control (ABC) records, there is no history of disciplinary action relating to the applicant’s beer and wine service. The proposed restaurant will be required to comply with applicable Health Department regulations, and with the Department of Alcoholic Beverage Control. As mentioned above, each private dining/karaoke room will have windows looking into the room which allows monitoring of the rooms by staff members to prevent underage drinking. The applicant states that after 9:00 p.m., all underage persons will need to be accompanied by an adult and wristb ands will be provided so they can be easily identified. Surveillance cameras are also proposed in each karaoke room, in the hallway, and in the main dining area so management can view real-time activities inside and outside of the karaoke rooms. The applicant will provide a security guard after 9:00 p.m. until closing. Staff also recommends that the alcohol beverage service end one hour before closing to help minimize nuisance activity. These safety measures have been included as conditions of approval. Extended Hours of Operation Extended hours of operation are considered anytime a business is open between midnight and 6:00 a.m. The Applicants proposed hours of operation are from 11:00 a.m. to 2:00 a.m., seven days a week. Late hours of operation are not uncommon at full-service restaurants and this will not be the first restaurant in the Arcadia Hub Shopping Center with extended hours. In fact, there are two other restaurants that have been approved to operate past midnight. The applicant currently operates two restaurant/karaoke businesses in other cities, both of which are open between 2:00 a.m. and 3:00 a.m. seven days a week. The property owner currently provides security for the site. The applicant is also proposing a uniformed security guard after 9:00 p.m. until closing, every day. The closest residential uses are about 300 feet away from the unit along Duarte Road. Due to its location and the fact that it is secluded away from most of the businesses at this center, there should be minimal impact to the surrounding businesses and residents. Security will be provided by the applicant and the property owner to help minimize disturbances. As an added condition of approval, no music from the business should be audible outside of the tenant space. The application has been reviewed by the Arcadia Police Department. The Police Department communicated with the Alhambra Police Department and the Los Angeles County Sheriff Department regarding the Applicant’s existing businesses, and found that there have been no police related issues at either one of their existing businesses. The Police Department has no objections to the requested hours of operation or the alcoholic beverage service. The Economic Development Division also reviewed the proposal and supports the proposed use and states that as the retail sector continues to evolve, it is important to be flexible with the type of uses that fill vacancies, particularly spaces that ar e not in CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 5 of 12 premium locations. The security measures that have been proposed by the applicant, and included as conditions of approval, are appropriate. The proposed full service restaurant with karaoke is appropriate for the site. Parking A total of 49 parking spaces are required for the restaurant, which is 1 parking space per 100 square feet of gross floor area. The parking plan approved in 2015 applies a credit factor of 1.85 parking spaces per 1,000 square feet of gross floor area for the previous use which was retail. With the applied credit, 40 parking spaces are required for the proposed restaurant, which reduces the total available parking in the Arcadia Hub Shopping Center from 167 to 127 spaces. Therefore, the center still has sufficient parking if the proposed restaurant is approved, and it will not negatively impact neighboring uses or properties. However, the adjacent parking area on the upper deck level of the parking structure needs to be resurfaced and restriped . Additionally, the trash enclosure needs to be brought up into compliance with solid roof for runoff. As a result, a condition of approval has been placed on the project that addresses both these issues. FINDINGS Section 9107.09.050 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. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of a restaurant with alcoholic beverage service, 10 private dining/karaoke rooms, and extended hours of operation, such as proposed, is consistent with the Commercial Land Use Designation of the site. The Commercial designation is intended to perm it a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants and entertainment uses. The proposed business will occupy a unit that is currently vacant, in a location that is secluded from other business and underutilized. As the retail sector continues to evolve, it’s important to be flexible with the type of uses that fill vacancies, particularly spaces that are not in premium locations. The prop osal will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element  Policy LU-6.8: Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 6 of 12 uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. Economic Development Element  Goal ED-1: A mix of land uses and development incentives th at work to retain existing business and attract new enterprises that generate tax revenues and high-quality jobs  Goal ED-3: A strong commercial and industrial economic base  Policy ED-3.2: Promote the commercial reuse of key vacant commercial properties within the City through a program of active solicitation of prospective users, particularly in those retail sectors for which the City is underserved and currently experiencing leakage of sales tax dollars, and through the provision of appropriate development incentives. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The zoning of the site is C-G, Commercial- General. Arcadia Development Code Section 9102.03.020, Table 2 -8, allows a large restaurant (exceeding 2,000 square feet of gross floor area), with alcoholic beverage service, karaoke, and that is open between midnight and 6:00 a.m., in the C-G zone with an approved Conditional Use Permit. The project would meet the minimum parking requirements of 40 spaces. The center will still have 127 parking spaces available on-site based on the approved parking plan so there is am ple parking available. There are already a number of restaurants operating in the center, four of which provide alcoholic beverage service and two that operate past midnight. As such, the use is compatible with the surrounding businesses. The unit is curre ntly vacant and located in an underutilized portion of the center. The proposed use will fill a vacancy and help activate this portion of the center. The proposal complies with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The subject unit is located within an existing multi- tenant commercial shopping center. No exterior changes are proposed to accommodate the use. There are already a number of restaurants located in the shopping center, four of which provide alcoholic beverage service and two that operate past midnight. The unit, which is located on the upper level of the center, is somewhat isolated and underutilized. The impact to surrounding businesses from the proposed use will be limited because most operate within normal business hours, closing at 9:00 p.m. The added conditions of ap proval requiring that a security guard be on site from 9:00 p.m. until closing and that no music be audible from CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 7 of 12 outside of the unit, will ensure that the adjacent commercial and residential properties will not be adversely affected and that the proposed u se will be compatible with the other existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The proposed restaurant with alcoholic beverage service, 10 private dining/karaoke rooms, and extended hours of operation will occupy a 4,888 square foot unit located in the Arcadia Hub Shopping Center. The subject unit is located in the northeast portion of the site on the second level above Burlington and is surrounded b y other commercial uses. The upper deck of the parking structure provides the closest parking location for patrons. The commercial property is improved with parking and landscaping, and other features typical of commercial developments. A total of 40 parking spaces are required for the proposed restaurant, which reduces the total available parking in the Arcadia Hub Shopping Center from 167 to 127. The required parking for the proposed restaurant can be accommodated by the existing parking and will not negatively impact neighboring uses or properties. The adjacent parking area, the upper deck of the parking structure, is in poor condition and needs to be resurfaced and restriped. The existing trash enclosure does not comply with the current Development Code regulations or with the National Pollutant Discharge Elimination System (“NPDES”) requirements. With the conditions of approval that the upper deck of the parking structure be resurfaced and restriped and a fully-roofed trash and recyclables enclosure be constructed, the site will be suitable for the proposed use. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along West Duarte Road 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 proposed use, any other use that may occupy the site, and any emergency services that may need to access the site. The proposed use will not impact these rights-of-way. CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 8 of 12 c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is developed with existing multi-tenant commercial buildings that comply with current safety requirements. The application was reviewed by the Arcadia Police Department. The Police Department has no objections to the proposed use. There will be no impact to public safety services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject property is developed with multi-tenant commercial buildings. There are adequate utilities to service this site. The site and building are in compliance with current health and safety requirements. There will be no impact to utilities or the City’s infrastructure from the proposed use. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The unit is located within an existing multi-tenant commercial shopping center where numerous restaurants are already loc ated. The proposed business location on the upper level of the Arcadia Hub Shopping Center is somewhat isolated from the rest of the Center and underutilized by patrons. There is ample space to accommodate the new use. Karaoke is proposed as an accessory use to the full service restaurant and will be offered in the 10 private rooms only; no karaoke will be offered in the main dining area. Windows will be provided in the walls and doors of each private dining/karaoke room to allow for observation from the outside. The condition of approval that the windows remain unobstructed to allow easy viewing from the hallway into the private rooms will deter undesirable activities from occurring in the private rooms. Alcoholic beverage service is common for full service restaurants and karaoke businesses. Surveillance cameras will be installed in each private dining/karaoke room, the hallway, and main dining area. After 9:00 p.m. all underage persons will be accompanied by an adult and wristbands will be provided so the y can be easily identified. A security guard will be on site from 9:00 p.m. until closing. The restaurant will also be required to be in compliance with the California Department of Alcoholic Beverage Control (“ABC”) regulations. These measures, which have been included as conditions of approval, will help deter underage drinking. The proposed use would serve as a public convenience and would not be detrimental to the area or create a public nuisance. CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 9 of 12 Due to the somewhat isolated location of the unit, the e xtended hours of operation will not negatively impact the surrounding units. The property owner currently provides security of the site and the applicant will be providing security guard for the business from 9:00 p.m. until closing. With the condition of approval that no music from the business is audible from outside of the unit, combined with the security guard provided by the applicant and property owner, any nuisance activity associated with the extended hours of operation will be minimized. The Arcadi a Police Department reviewed the application and did not have any concerns with the hours of operation or the alcoholic beverage service. In addition, the City has the ability to adjust the provision of the Conditional Use Permit to address any adverse impacts to the neighboring businesses and properties. The intensification in use from retail to a large restaurant with alcoholic beverage service, 10 private dining/karaoke rooms, and extended hours of operation will not adversely affect the public convenience, health, interest, safety, or general welfare or the surrounding businesses or residents. The proposed project, with the recommended conditions of approval will satisfy each prerequisite condition, and all City requirements regarding disabled a ccess and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Buildin g Official, City Engineer, Planning/Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project, as a use of an existing facility, qualifies as a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines. Refer to Attachment No. 4 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in Arcadia Weekly on November 2, 2017. As of November 11, 2017, staff has not received any comments from the public. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2005 to find that this project is Categorically Exempt under the California Environmental Quality Ac t (CEQA), and to approve Conditional Use Permit No. CUP 17-09 subject to the following conditions of approval: CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 10 of 12 1. The use approved by CUP 17-09 is limited to a 4,888 square foot, full service restaurant with alcoholic beverage service, 10 private dining/karao ke rooms, and extended hours of operation until 2:00 AM, every day. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 17 -09, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted by the Planning/Community Development Administrator, or designee, after due notice to address any adverse impacts to the neighboring businesses and properties. 2. Prior to issuance of a Certificate of Occupancy from the Building Division, the applicant/property owner shall resurface and restripe the upper deck of the parking structure and construct a new trash enclosure in compliance with Development Code Section 9103.01.130. The parking lot shall be restriped to match the existing parking stall configuration and provide accessible ADA parking spaces on the upper deck of the parking structure. The design and location of the new trash enclosure and parking lot resurfacing and restriping is subject to review and approval by the Planning/Community Development Administrator, or designee prior to a Certificate of Occupancy 3. The business hours shall be limited to 11:00 a.m. to 2:00 a.m., daily. 4. Alcoholic beverage service shall end at 1:00 AM, one hour prior to closing. 5. The windows and glass doors into each private dining/karaoke room shall remain unobscured to allow easy viewing from the hallway into the private rooms. 6. Surveillance cameras shall be provided in each private dining/karaoke room, hallway, and main dining area. The location and number of cameras shall be subject to review by the Planning/Community Development Administrator or designee prior to issuance of a Certificate of Occupancy. 7. A licensed security guard shall be on site every day from 9:00 p.m. to closing. 8. No music from the business operations shall be audible outside of the unit. 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, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, and may subject to building permits. CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 11 of 12 10. Noncompliance with the plans, provisions and conditions of approval for CUP 17 - 09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the training facility. 11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 12. Approval of CUP 17-09 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 Planning/Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should pass a motion to approve Conditional Use Permit No. CUP 17 -09, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2005 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 pass a motion to deny Conditional Use Permit Application No. CUP 17 -09; 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 incorpora tes the Commission’s decision and specific findings. CUP 17-09 1205-A S. Baldwin Avenue November 14, 2017 Page 12 of 12 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the November 14, 2017, hearing, please contact Assistant Planner, Vanessa Quiroz at (626) 574-5422, or VQuiroz @ArcadiaCA.gov. Approved: Lisa L. Flores Planning/Community Development Administrator Attachment No. 1: Resolution No. 2005 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site Plan, Floor Plan, and Interior Elevations Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2005 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Properties N/A N/A N/A N/A N/A Property Characteristics Zoning: C-G General Plan: C Lot Area (sq ft): 772,134 Main Structure / Unit (sq. ft.): 349,768 Year Built: 1958 Number of Units: Overlays Architectural Design Overlay: N/A Downtown Overlay: N/A Downtown Parking Overlay: N/A Parking Overlay: N/A Racetrack Event Overlay: N/A Residential Flex Overlay: N/A Special Height Overlay: N/A Site Address: 1201-A S BALDWIN AVE Parcel Number: 5383-035-031 Property Owner(s): BALDWIN ARCADIA CENTER LP Selected parcel highlighted Parcel location within City of Arcadia This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 06-Nov-2017 Page 1 of 1 Photo of the subject unit, 1205-A S. Baldwin Avenue, and neighboring unit, 1205 S. Baldwin Avenue (dba: Daiso Japan) Photo of the neighboring unit to the north, 1201 S. Baldwin Avenue (dba: Burlington) Photo of neighboring property to the north, 735 W. Duarte Road Photo of neighboring property to the northwest, 747W. Duarte Road Photo of neighboring retirement community to the northwest, at 753 W. Duarte Road Attachment No. 3 Attachment No. 3 Site Plan, Floor Plan, and Interior Elevations Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 17-09 to operate a 4,888 square foot, full service restaurant with alcoholic beverage service, 10 private dining/karaoke rooms, and extended hours of operation (until 2:00 AM, seven days a week) 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 1205-A S. Baldwin Avenue (between W. Duarte Road and W. Naomi Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Kai Wing Wai (2) Address 1500 Garfield Avenue San Marino, CA 91108 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: Section 15301(a) (Class 1, Use of an 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: October 3, 2017 Staff: Jordan Chamberlin, Associate Planner