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HomeMy WebLinkAboutDecision Letter City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ArcadiaCA.gov February 20, 2019 Eun Hee Lee 101 S. 1st Avenue Arcadia, CA 91006 SUBJECT: Minor Use Permit No. MUP 18-07 PROJECT ADDRESS: 101 S. 1st Ave (dba: Shabu Lin) Dear Mr. Lee, The public comment period for Minor Use Permit No. MUP 18-07 ended on February 4, 2019. Staff did not receive any comments during the public comment period. The Development Services Department has conditionally approved the Minor Use Permit to allow the sale of alcoholic beverages for on-site consumption at 101 S. 1st Ave for the Shabu Lin restaurant. This approval is subject to the conditions of approval listed below. Approval of the Minor Use Permit is to allow a new restaurant to sale and serve beer and wine for on-site consumption. The business is located within a multi-tenant commercial building in the Arcadia Downtown area. The proposed business hours are from 11:00 AM to 11:00 PM, Sunday through Thursday, and 11:00 AM to 12:00 AM on Fridays and Saturdays. The subject site is located within the Downtown Parking Overlay and is located within a quarter of a mile from the light rail transit station. The parking requirement for the restaurant is the same as the previous restaurant tenant; therefore, no additional parking is required by Code. Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may be approved if all of the following findings can be made: 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. 2. That, subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. 3. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. 4. That the site is physically suitable in terms of 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; streets and highways are adequate in width and pavement type to accommodate public an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. MUP No. 18-07 101 S. First Avenue 5. That the type, density, and intensity of use 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. Based on the information available, the approved project, as conditioned, satisfies all the required findings necessary to grant a Minor Use Permit (refer to Attachment 1). The proposed project qualifies as a Class 1 Categorical Exemption for the use of existing facilities from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Conditions of Approval 1. The approved hours of operation shall be limited to 11:00 AM to 11:00 PM, Sunday through Thursday, and 11:00 AM to 12:00 AM on Fridays and Saturdays. 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. The use approved by Minor Use Permit No. MUP 18-07 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 Minor Use Permit No. MUP 18-07, and shall be subject to periodic inspections, after which the provisions of this Minor 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. 4. 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 5. Noncompliance with the plans, provisions and conditions of approval for MUP 18-07 shall be grounds for immediate suspension or revocation of any approvals. 6. 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. MUP No. 18-07 101 S. First Avenue 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. There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $600.00 appeal fee by 5:30 p.m. on Monday, March 4, 2019. Approval of Minor Use Permit No. MUP 18-07 shall not be of effect unless the property owner and applicant have executed and filed the enclosed Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance Form is due now and if it is not received by March 22, 2019, this approval will become null and void. This approval shall expire in one year (March 5, 2020) from the effective date unless plans are submitted to Building Services for plan-check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved plans and any conditions of approval. Any inconsistency from the approved plans may preclude the issuance of a building permit. An extension may be granted by the Development Services Director or designee, or the Review Authority that approved the project for a maximum period of one (1) year from the initial expiration date. An extension can only be granted if the required findings can be made. Please note that acceptance of an extension request does not indicate approval of an extension. A building permit and inspection may be required for construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation and permits needed. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter. If you have any questions regarding this approval, please contact me at (626) 574- 5422 or by email at VQuiroz@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Vanessa Quiroz Associate Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: 60 Alta, LLC., Property Manager Kevin Franklin, Liquor Specialist Lisa Flores, Planning & Community Development Administrator MUP No. 18-07 101 S. First Avenue Attachment 1: Required Findings for Approval of a Minor Use Permit Pursuant to Development Code Section 9107.09.050 FINDINGS YES NO 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. The subject site has a Mixed-Use Land Use designation, which provides opportunities for commercial and residential mixed-use developments, and supports commercial uses that integrate well with residential activity. The proposed sale of beer and wine is limited as an incidental use to the restaurant, which is the primary use that will also complement the existing uses within the Arcadia Downtown area. Thus, the granting of the Minor Use Permit is consistent with the General Plan. ☒ ☐ 2. That, subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. The zoning of the site is Mixed Use (MU) and the Arcadia Development Code Section 9102.05.020 allows a restaurant to serve alcohol beverages subject to a Minor Use Permit. The proposed use for the sale of beer and wine, for on-site consumption, is compatible with the existing commercial uses along S. Frist Avenue. The on-site sales, services, and consumption of beer and wine shall be limited within the interior of the restaurant. Therefore, the proposed use will be in compliance all applicable provisions of the Development Code and Municipal Code. ☒ ☐ 3. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. 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. The proposed full service restaurant will occupy an existing 3,591 square foot restaurant tenant space. The proposed use will be an ancillary to the primary restaurant use and will serve to augment the overall dining experience and will be compatible with the existing commercial and service uses located within downtown area. ☒ ☐ MUP No. 18-07 101 S. First Avenue 4. That the site is physically suitable in terms of 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; streets and highways are adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. The proposed use for the sale of beer and wine, and on-site consumption in conjunction with a full service restaurant will occupy an existing tenant space located within the Arcadia Downtown area. No additional parking or site improvements will be required for the proposed use. Parking for the proposed use will be provided through a parking lot at the rear of the site. The site is served by public parking spaces along S. First Avenue and Alta Street. Thus, the site is physically suitable in size and shape to accommodate a full service restaurant. ☒ ☐ CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 2/19/19 APPLICATION NO.: Minor Use Permit No. MUP 18-07 SUBJECT PROPERTY: 101 S. 1st Ave (dba: Shabu Lin) I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and if it is not received by (March 22, 2019), this approval will become null and void and all fees will be forfeited.