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HomeMy WebLinkAbout2022RESOLUTION NO. 2022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 18-05 TO ALLOW THE SALE OF BEER AND WINE, AND ON-SITE CONSUMPTION IN CONJUNCTION WITH A NEW FULL SERVICE RESTAURANT WITH A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AT 328 E. HUNTINGTON DRIVE WHEREAS, on October 2, 2018, an application for Conditional Use Permit No CUP 18-05 was filed by the business owner, Sung Park ("Applicant') to allow the sale of beer and wine (ABC Type 41 License), and on-site consumption in conjunction with a new full service restaurant within an existing 1,335 square foot tenant space located within the Arcadia Gateway Center at 328 E. Huntington Drive (the 'Project'); and WHEREAS, on November 2, 2018, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and determined that the Project is exempt under CEQA Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and qualifies as a Class 3 Categorical Exemption under CEQA Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on November 27, 2018, a duly noticed public hearing was held before the Planning Commission on said application, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: 1 SECTION 1. The factual data submitted by the Community Development Division in the staff report dated November 27, 2018 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: 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 sale 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 uses are 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. FACT: 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 z 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, restaurants, 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 permitting 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. 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. FACT: 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; FACT: 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; FACT: 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. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: 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.). FACT: 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. s FACT: 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. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 3, Section 15303 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 18-05 to allow the sale of beer and wine (ABC Type 41 License), and on-site consumption in conjunction with a new full service restaurant within an existing 1,335 square foot tenant space located within the Arcadia Gateway Center at 328 E. Huntington Drive, subject to the conditions of approval attached hereto. 9 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 27th day of November 2018. Brad Thompson Chairman, Planning Commission ATTEST: cil Lisa L. Flor Secretary APPROVED AS TO FORM: v • t' - re Stephen P. Deitsch City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2022 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 27th day of November, 2018, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Thompson and Commissioners Lin and Wilander NOES: None ABSENT: Vice Chair Lewis and Commissioner Chan (� Lisa L. Flores Secretary of the Plar4g Commission I RESOLUTION NO. 2022 Conditions of Approval The approved hours of operation shall be limited to 11:00 a.m. to 11:00 p.m., seven days a week. 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 unit 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. 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. 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 Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building 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. 10