Loading...
HomeMy WebLinkAboutItem No. 1 - CUP 19-01DATE: April 23, 2019 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: RESOLUTION NO. 2030 – APPROVING CONDITIONAL USE PERMIT NO. CUP 19-01 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW 2,400 SQUARE FOOT, LIMITED-SERVICE RESTAURANT WITH THE SALE OF BEER AND WINE AT 815 W. NAOMI AVENUE, UNITS C & D WITHIN THE ARCADIA HUB SHOPPING CENTER Recommendation: Adopt Resolution No. 2030 SUMMARY The applicant, Medali Gholamreza from Team Blaze, Inc, is requesting approval of Conditional Use Permit Application No. CUP 19-01 to operate a new 2,400 square foot, limited-service restaurant (Blaze Pizza) with the sale of beer and wine for on-site consumption at 815 W. Naomi Avenue, Units C and D, 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. 2030 (Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve CUP 19-01, subject to the conditions listed in this staff report. BACKGROUND The subject commercial tenant space 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 units are approximately 2,400 square feet in area, and is located within the westerly building that is adjacent to Vons supermarket. The units were previously occupied by Jenny Craig since 1985. The zoning of this 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 property is surrounded by commercial properties to the west, east, north, and south with multi-family residentially zoned properties to the southwest. CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 2 of 9 PROPOSAL Blaze Pizza is a popular pizzeria food chain restaurant that has numerous locations nationwide. The business owner currently has 15 other Blaze Pizza restaurants that are located throughout Southern California that have been in operation since 2014. The applicant is requesting approval of a Conditional Use Permit to allow a new limited-service restaurant with the sale of on-site consumption of beer and wine, pursuant to an Alcoholic Beverage Control (ABC) Type 41 license (Blaze Pizza) – see Attachment No. 3 for the Site Plan and Floor Plan. A limited-service restaurant is an eating establishment where a patron orders and pays for their meal before they receive their food. This type of business does not provide waiting services. The pizzeria will occupy Units C and D, a 2,400 square foot area, with a seating area for 53 people. The hours of operation will be from 10:00 a.m. – 12:00 a.m., seven days a week. Substantial interior remodeling is proposed, and would include a new kitchen with prep area installation of new partition walls, new restrooms, storage area as well new flooring, plumbing and electrical work. For exterior updates, staff recommends exterior façade to enhance the front of the unit. This can be handled administratively by staff during the Building plan-check process. The pizzeria is proposed within one of Arcadia’s prominent shopping centers. The Arcadia Hub Shopping Center has over ten (10) eating/drinking establishments as well * Floor Plan * Units C&D N CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 3 of 9 as personal service businesses, a fitness center, medical offices, and retail businesses. The new restaurant will be complimentary to the existing uses and will be similar in nature with the other restaurants on the site that offer alcohol beverages. All of the Blaze Pizzas in Monrovia, Pasadena, South Pasadena, and Alhambra offer the sale beer and wine on-site. The restaurant will be required to comply with applicable Health Department regulations, and with the Department of Alcoholic Beverage Control. Closing at midnight is not of concern to staff since many of the restaurants within this center close around the same time. In fact, there are four (4) other restaurants that close past midnight through a Conditional Use Permit, two of which are located in the same building. The application was reviewed by the Arcadia Police Department. The Police Department has no objections to the proposed use, and did not have any concerns with the hours of operation or the sale of beer and wine. The property owner has staffed security guards on premise that monitor the site throughout all operational hours. 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 five- year 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. This plan will end in the year of 2020. A total of 24 parking spaces are required for the restaurant, which is 1 parking space per 100 square feet of gross floor area. The parking plan applies a credit factor of 10 parking spaces (1 parking space per 250 square feet of gross floor area for the previous office use within the two units). With the applied credit of 10 parking Units C&D * Aerial view of Arcadia Hub Shopping Center N CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 4 of 9 spaces, 14 additional parking spaces are required for the proposed restaurant, which reduces the total available parking in the Arcadia Hub Shopping Center from 127 to 113 spaces. Therefore, the center has sufficient parking to accommodate the new restaurant. 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 limited-service restaurant with the sale of beer and wine for on-site consumption only is consistent with the Commercial Land Use Designation of the site. The Commercial designation 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 an ABC Type 41 License (beer and wine only), will provide the general public with additional food and beverage opportunities, and the limited-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 Hub Shopping Center) and with the other uses along the S. Baldwin Avenue and Duarte Road commercial corridors. 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 limited/full service restaurant (exceeding 2,000 square feet of gross floor area), with alcoholic beverage service with an approved Conditional Use Permit. The project would meet the minimum parking requirements of 24 spaces. The center will still have 113 parking spaces available on-site based on the approved parking plan so there is ample parking available. There are already a number of restaurants operating in the center, four of which provide alcoholic beverage service. As such, the use is compatible with the surrounding businesses. The proposal complies with all other applicable provisions of the Development Code and the Municipal Code. CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 5 of 9 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 tenant space is located within an existing multi-tenant commercial shopping center. The proposed limited-service restaurant will occupy an existing 2,400 square foot tenant space. There are already a number of restaurants located in the shopping center, four (4) of which provide alcoholic beverage service and four (4) that operate past midnight. The Arcadia Hub Shopping Center is adequate in size to accommodate the new pizzeria. The use will be similar in nature with the existing restaurants that offer alcohol sales located in the center as an ancillary to the primary restaurant use. 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). 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 new limited-service restaurant with alcoholic beverage service will occupy a 2,400 square foot tenant space located in the Arcadia Hub Shopping Center. The required 24 parking spaces for the new restaurant can be accommodated by the existing parking and will not negatively impact neighboring uses or properties. 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 Naomi Ave 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. 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. CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 6 of 9 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 tenant space is located within an existing multi-tenant commercial shopping center where numerous restaurants are already located. The request to operate a limited-service restaurant with the sale of beer and wine for on-site consumption will be consistent with similar previously approved uses in the Arcadia Hub Shopping 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. The restaurant will also be required to be in compliance with the California Department of Alcoholic Beverage Control (“ABC”) regulations. The property owner currently provides security of the site. The Arcadia Police Department reviewed the application and did not have any concerns with the hours of operation or the alcoholic beverage service. 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 April 11, 2019. As of April 19, 2019, staff has not received any comments from the public. RECOMMENDATION CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 7 of 9 It is recommended that the Planning Commission adopt Resolution No. 2030 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 19-01 subject to the following conditions of approval: 1. The limited-service restaurant is limited to 2,400 square feet in area, with the sale of beer and wine for on-site consumption. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 19-01. 2. The sale of beer and wine shall be limited to Type 41 License from the Alcoholic Beverage Control, and shall only be served during the approved hours of operation. 3. If the sale of beer and wine becomes an issue to the adjacent neighbors and/or business owners, the Planning & Community Development Administrator has the ability to adjust the operating hours, and/or remand this issue to the Planning Commission for reconsideration. 4. The business hours shall be limited to 10:00 a.m. to 12:00 a.m., daily. 5. Any new façade improvements shall be handled administratively prior to submitting the plans to Building Services for plan-check. 6. The applicant shall provide one (1) 64-gallon bin for organic waste and one (1) 3- yard bin for recycling materials within the existing trash enclosures designated for the building. 7. The Best Management Practices (BMPs) required of restaurants by the National Pollutant Discharge Elimination System (NPDES) shall be complied with by the applicant/property owner to the satisfaction of the Public Works Services Director, or designee. 8. 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. 9. Noncompliance with the plans, provisions and conditions of approval for CUP 19- 01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the training facility. CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 8 of 9 10. 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. 11. Approval of CUP 19-01 shall not be of effect unless on or b efore 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 19-01, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2030 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 19-01; 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 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 April 23, 2019, hearing, please contact Associate Planner, Vanessa Quiroz at (626) 574-5422, or VQuiroz@ArcadiaCA.gov. CUP 19-01 815 W. Naomi Ave, Units C & D April 23, 2019 Page 9 of 9 Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2030 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment $WWDFKPHQW1R 5HVROXWLRQ1R $WWDFKPHQW1R $WWDFKPHQW1R $HULDO3KRWRZLWK=RQLQJ,QIRUPDWLRQ DQG3KRWRVRIWKH6XEMHFW3URSHUWLHV DQG9LFLQLW\ $WWDFKPHQW1R 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 1986 20,172 0 BALDWIN ARCADIA CENTER LP Site Address: Parcel Number: 5383-035-034 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A 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 15-Apr-2019 Page 1 of 1 Subject tenant space – Units C &D Adjacent units to the North Adjacent units to the South Front view of building Shopping center tenant Shopping center parking lot and tenants Shopping center located across the to the South of the site Shopping center located across the to the South of the site Multifamily residential developments across a street on Naomi Avenue Multifamily residential developments across a street on Naomi Avenue Multifamily residential developments across a street on Naomi Avenue Multifamily residential development to the rear of the shopping center President Square Shopping Center to the rear of the site President Square Shopping Center to the rear of the site $WWDFKPHQW1R 6LWH3ODQDQG)ORRU3ODQ $WWDFKPHQW1R $WWDFKPHQW1R 3UHOLPLQDU\([HPSWLRQ$VVHVVPHQW $WWDFKPHQW1R Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 19-01 Conditional Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15301(a) to allow the sale of beer and wine for on-site consumption at a new restaurant with extended hours of operation. 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): 815 W. Naomi Ave Unit C&D 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Medali Gholamreza, Team Blaze (2) Address 3210 Abbey Lane Orange, CA 92807 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: March 18, 2019 Staff: Vanessa Quiroz, Associate Planner