HomeMy WebLinkAboutItem 1- CUP 18-05 328 E. Huntington DriveDATE: November 27, 2018
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Luis Torrico, Senior Planner
SUBJECT: APPROVING CONDITIONAL USE PERMIT NO. CUP 18-05 WITH A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW THE SALE OF
BEER AND WINE AND ON-SITE CONSUMPTION IN CONJUNCTION
WITH A NEW FULL SERVICE RESTAURANT AT 328 E. HUNTINGTON
DRIVE
Recommendation: Adopt Resolution No. 2022
SUMMARY
The applicant, Sung Park, has requested approval of Conditional Use Permit to allow the
sale of beer and wine (Alcoholic Beverage Control Type 41 License) and on-site
consumption in conjunction with a new full service restaurant (dba: Ramen House) that
is located at 328 E. Huntington Drive, within the Arcadia Gateway Shopping Center. The
restaurant will occupy an existing unit that is approximately 1,335 square feet in floor area
and will provide up to 50 seats. As an existing facility, the request qualifies for a
Categorical Exemption Section 15301(a) under the California Environmental Quality Act
(CEQA). It is recommended that the Planning Commission approve CUP 18-05 subject
to the conditions of approval listed in this staff report, and adopt Resolution No. 2022
(Attachment No. 1).
BACKGROUND
The proposed restaurant is located within the Arcadia Gateway Shopping Center
(“Center”) which measures approximately nine (9) acres in lot area (see Figure 1) and
has a zoning designation of General Commercial (C-G). The subject site is developed
with a variety of retail, service, office and restaurant uses. The proposed restaurant will
be located in the commercial building located at the northwest end of the center, fronting
on Huntington Drive (see Figure 1). Photos of the of the tenant space and center are
attached to the staff report as Attachment No. 2.
Restaurants that are less than 2,000 square feet in floor area are classified as small
restaurants and are permitted by right in the General Commercial (C-G) zone. Therefore,
the 1,335 square foot restaurant is permitted by right; however, the sale of beer and wine
in association with a full service restaurant requires approval of a Conditional Use Permit.
Resolution No. 2022
CUP 18-05
328 E. Huntington Drive
November 27, 2018 – Page 2 of 8
Figure 1 - Aerial of subject site
ANALYSIS
The request is to allow a Conditional Use Permit for the on -site sale, service, and
consumption of beer and wine, pursuant to an Alcoholic Beverage Control (ABC) Type
41 license in conjunction with a new restaurant (Ramen House). The new restaurant will
be located within an existing unit that was previously occupied by Scottrade, a financial
brokerage office. The restaurant will consist of a 608 square foot dining area that can
accommodate up to 50 seats, a 618 square foot kitchen area and a 109 square foot
restroom for a total floor area of 1,335 square feet (see Attachment No. 3).
The restaurant will employ three full-time employees and two part-time employees for a
total of five employees. The hours of operation will be from 11:00 a.m. - 11:00 p.m., seven
days a week. Alcohol sales will be limited to the approved hours of operation. The
proposed hours of operation will be similar to those of existing restaurants located within
the Center. The service and consumption of beer and wine is only proposed within the
interior of the building.
The Center was developed with a retail parking ratio requirement of one (1) space for
every 200 square feet of floor area and provides a total of 814 parking spaces throughout
the site. The 1,335 square foot unit has a parking requirement of seven spaces. Small
restaurants have the same parking requirement as a retail use; therefore, no additional
parking spaces will need to be provided for the proposed restaurant. While the unit was
previously occupied by an office use, which has a less stringent parking requirement of
Huntington Drive 5th Avenue 328 E. Huntington Dr. 2nd Avenue
Resolution No. 2022
CUP 18-05
328 E. Huntington Drive
November 27, 2018 – Page 3 of 8
one (1) space for every 250 square feet of floor area, the center was originally developed
at for retail, therefore no additional parking is required.
The Fire Department, Police Department, and Building Services have reviewed the
application and no concerns were raised by any of the departments for the proposed
request. However, conditions from all applicable City departments have been
incorporated, and are recommended as provided in this staff report, to mitigate any
potential impacts. In addition, the proposed restaurant and alcohol sales will be subject
to compliance with the State Department of Alcoholic Beverage Control and the Los
Angeles County Health Department.
FINDINGS
Section 9107.09.050(B) of the Development Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite findings can be
made:
1. The proposed use is consistent with the General Plan and any applicable specific
plan.
Facts to Support This Finding: The subject site has a Commercial Land Use
designation, which is intended to permit a wide range of commercial uses which serve
both neighborhood and citywide markets. The proposed restaurant, which will offer
the sale of alcohol with a ABC Type 41 License (beer and wine only), will provide the
general public with additional food and beverage opportunities , and the full service
restaurant will comply with General Plan Policy LU-6.7 of the Land Use and
Community Design Element by encouraging a balanced distribution of local-serving
commercial uses. The proposed sales of beer and wine is limited as an incidental use
to the restaurant, which is the primary use and it will complement uses within this
commercial center (refer to as Arcadia Gateway Center) and with the other uses along
the Huntington Drive commercial corridor
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 subject site is located within the General
Commercial Zone (C-G). Per Development Code Section 9102.03.020, Land Use
Regulations and Allowable Uses, a full or limited service restaurant serving alcohol is
allowed with the approval of a Conditional Use Permit. The proposed use for the sale
of beer and wine, and on-site consumption is compatible with the existing commercial
uses in the commercial center such as retail stores, re staurants, and offices. It
provides for the on-site sales, services, and consumption of beer and wine within the
interior of the restaurant, and the proposed conditions will provide for the business
needs of a successful restaurant establishment by permitt ing the sale of alcoholic
beverages in a safe manner for customers and residents of the surrounding area. In
addition, the full service restaurant will be in compliance with all other applicable
provisions of the Development Code and the Municipal Code.
Resolution No. 2022
CUP 18-05
328 E. Huntington Drive
November 27, 2018 – Page 4 of 8
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 proposed full service restaurant, which will offer
the sale of beer and wine, and on-site consumption, will occupy an existing 1,335
square foot tenant space. The unit is located within the Arcadia Gateway Center,
which is adequate in size for the proposed use. The proposed use will be similar in
nature with the existing restaurants that offer alcohol sales located in the center, in
that it is ancillary to the primary restaurant use and will serve to augment the overall
dining experience. In addition, the restaurant will be compatible with the existing
commercial and service uses located within the center and adjacent commercial
developments located within the General Commercial Zone (C-G). The restaurant will
operate seven days a week between the hours of 11:00 a.m. and 11:00 p.m., which
will be compatible with the other restaurants in the center, including Starbucks. The
proposed sale of beer and wine, and on-site consumption in conjunction with the
operation of a full service restaurant will be compatible with the 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 site is physically suitable to accommodate
and support the proposed use. The proposed use for the sale of beer and wine,
and on-site consumption in conjunction with a full service restaurant will occupy a
1,335 square foot unit located within the Arcadia Gateway Center. The request will
be compatible and operated in the same manner as other restaurants in the center
that offer the sale of beer and wine, and on -site consumption. The subject unit is
located at the northwest portion of the center, fronting on Huntington Drive. Interior
improvements will be completed to convert the unit from an office use to a
restaurant use and will accommodate up to 50 customers. No additional parking
or site improvements will be required 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 sale of beer and wine, and on-site
consumption with the proposed full service restaurant will be located within the
Arcadia Gateway Center, which is serviced by Huntington Drive and 5th Avenue.
Majority of vehicular traffic for the center comes from Huntington Drive, which is
adequate in width and pavement type to support the traffic generated by the
customers generated by the proposed use and existing uses in the center, and to
support emergency vehicle access.
Resolution No. 2022
CUP 18-05
328 E. Huntington Drive
November 27, 2018 – Page 5 of 8
c. Public protection services (e.g., fire protection, police protection, etc.); and
Facts to Support This Finding: The request to allow the sale of beer and wine,
and on site consumption in conjunction with a new full service restaurant will not
impact public protection services. The proposed restaurant will occupy an existing
tenant space located within an existing commercial center. Conditions of approval
have been included to ensure the sale and consumption of beer and wine will be
operated in a safe manner, and not impact public protection service. The request
has been reviewed by the Fire Department and Police Department, and neither
department raised concerns. In addition, the sale of beer and wine, and on site
consumption will be subject to compliance with the State Department of Alcoholic
Beverage Control. Therefore, no impacts to public protection services are
anticipated.
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 proposed restaurant, which will offer the sale
of beer and wine, and on site consumption, will occupy an existing tenant space
located within an existing commercial center. The center is adequately served by
existing utilities. The request does not include new construction that will impact the
provision of utilities, nor will it be operated in a manner that will impact the
provisions of utilities. Therefore, no impacts to the provision of utilities are
anticipated.
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 request to operate a full service restaurant with
the sale of beer and wine, and on site consumption will be consistent with similar
previously approved uses in the Arcadia Gateway Center and adjacent commercial
developments. The sale and consumption of beer and wine will be done so in a
manner that is safe for customers of the restaurant and will not adversely affect the
public convenience, health, interest, safety, or general welfare of adjacent uses in the
vicinity and zone of the subject site. In addition, conditions of approval, such as
requiring periodic inspections to assess any adverse impacts, have been included to
mitigate any potential impacts.
ENVIRONMENTAL ASSESSMENT
It has been determined that the project 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 the use of an existing facility. See Attachment No. 4
for the Preliminary Exemption Assessment.
Resolution No. 2022
CUP 18-05
328 E. Huntington Drive
November 27, 2018 – Page 6 of 8
PUBLIC NOTICE/COMMENTS
A public hearing notice for this item was published in Arcadia Weekly and mailed to the
property owners located within 300 feet of the subject property on November 15, 2018.
As of November 22, 2018, no comments were received regarding this project.
RECOMMENDATION
It is recommended that the Planning Commission approve Conditional Use Permit No.
CUP 18-05 and find that the project is Categorically Exempt from the California
Environmental Quality Act (CEQA), and adopt Resolution No. 2022, subject to the
following conditions of approval:
1. The approved hours of operation shall be limited to 11:00 a.m. to 11:00 p.m., seven
days a week.
2. Alcoholic beverage service shall be limited to beer and wine (ABC Type 41 License)
and shall only be served during the approved hours of operation. No sales, service,
and on-site consumption of beer and wine is permitted outside of interior walls of
this unit.
3. Tenant improvements to the interior of the commercial un it shall be consistent with
the approved floor plan, and shall comply with the 2016 California Building Code to
the satisfaction of the City Building Official or designee.
4. The Best Management Practices (BMPs) required of restaurants by the NPDES
shall be complied with by the applicant/property owner to the satisfaction of the
Public Works Services Director, or designee. Any changes to the facility may be
subject to permits and having fully detailed plans submitted for plan check review
and approval by all City, County, regional, State, and federal agencies having
jurisdiction for compliance with any and all applicable regulations.
5. The use approved by Conditional Use Permit No. CUP 18-05 is limited to a
restaurant with beer and wine service and shall be operated and maintained in a
manner that is consistent with the proposal and plans submitted and approved for
Conditional Use Permit No. CUP 18-05, 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 and properties.
6. Noncompliance with the plans, provisions and conditions of approval for Conditional
Use Permit No. CUP 18-05 shall be grounds for immediate suspension or revocation
of any approvals, which could result in the closing of the restaurant.
7. The applicant/property owner shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollut ant
Discharge Elimination System (NPDES) measures to the satisfaction of the Building
Resolution No. 2022
CUP 18-05
328 E. Huntington Drive
November 27, 2018 – Page 7 of 8
Official, Fire Marshal, Public Works Services Director, and Planning & Community
Development Administrator. Compliance with these requirements is to be
determined by having fully detailed construction plans submitted for plan check
review and approval by the foregoing City officials and employees.
8. The applicant/property owner 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.
9. Approval of Conditional Use Permit No. CUP 18-05 shall not take effect until the
applicant/property owner has executed and filed with the City on or before 30
calendar days after the Planning Commission adoption of the Resolution, an
Acceptance Form available from the Development Services Department to indicate
acceptance of the conditions required by this approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should move
to approve Conditional Use Permit No. CUP 18-05, state that the proposal satisfies the
requisite findings, and adopt the attached Resolution No. 2022 that incorporates the
requisite environmental, 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 is to deny this project, the Commission should state the
specific findings that the proposal does not satisfy based on the evidence presented with
specific reasons for denial, and move to deny Conditional Use Permit No. CUP 18-05 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 has any questions or comments
regarding this matter prior to the November 27, 2018, Planning Commission Meeting,
please contact Senior Planner, Luis Torrico at (626) 574-5442, or
ltorrico@ArcadiaCA.gov.
Resolution No. 2022
CUP 18-05
328 E. Huntington Drive
November 27, 2018 – Page 8 of 8
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2022
Attachment No. 2: Photos of the Subject Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2022
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Property
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
N/A
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
C-G
Number of Units:
C
Property Characteristics
1989
60,078
1
JLJ USA INVESTMENTS LLC
Site Address:440 E HUNTINGTON DR
Parcel Number: 5773-015-055
N/A
Zoning:
General Plan:
N/A
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:Yes
N/A
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
Yes
Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
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 16-Nov-2018
Page 1 of 1
328 E Huntington, Exhibit A –Site Photos With Map Key
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Exhibit A –Site Photos With Map Key
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Exhibit A –Site Photos With Map Key
3
4
3
Exhibit A –Site Photos With Map Key
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Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 18-05 - Conditional Use Permit with a Categorical
Exemption under the California Quality Act ("CEQA") Section
15301(a) to allow the sale of beer and wine, and on-site
consumption in conjunction with a new full service restaurant,
at 328 E. Huntington Drive
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):
328 E. Huntington Drive
(cross streets: Huntington Drive and 5th Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Sung Park, Business Owner
(2) Address 328 E. Huntington Drive
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(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:
November 27, 2018
Staff:
Luis Torrico, Senior Planner