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HomeMy WebLinkAbout2030RESOLUTION NO. 2030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, 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 FOR ON-SITE CONSUMPTION AT 815 W. NAOMI AVENUE, UNITS C & D WITHIN THE ARCADIA HUB SHOPPING CENTER WHEREAS, on February 12, 2019, an application for Conditional Use Permit No CUP 19-01 was filed by the business owner, Medali Gholamera ("Applicant') to allow a new 2,400 square foot, limited -service restaurant with the sale of beer and wine (ABC Type 41 License), for on-site consumption located within the Arcadia Hub Shopping Center at 815 W. Naomi Ave, Units C and D (the "Project'); and WHEREAS, on March 18, 2019, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and recommends that the Planning Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on April 23, 2019, 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: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April 23, 2019 are true and correct. 1 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: Approval of a limited -service restaurant with the sale of beer and wine for on-site consumption 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 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 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 2 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 (4) 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. 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 subject tenant space is located within an existing multi -tenant commercial shopping center. The proposed limited -service restaurant, which will offer the sale of beer and wine for on-site consumption only, 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; 3 FACT: 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; FACT: 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.); and FACT: 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.). FACT: 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, 4 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. FACT: 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. 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 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. 5 CUP 19-01 to allow a new 2,400 square foot, limited -service restaurant with sale of beer and wine (ABC Type 41 License) for on-site consumption within located at the Arcadia Hub Shopping Center at 815 W. Naomi Ave, Units C and D, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 23rd day of April 2019. Brad Thompson Chairman, Planning Commission ATTEST: Lisa L. Fl( Secretary APPROVED AS TO FORM: 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. 2030 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 23rd day of April, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan, and Wilander NOES: None ABSENT: Commissioner Lin Lisa L. Flores Secretary of the Planning Commission 7 RESOLUTION NO. 2030 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 fagade 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. 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 9 this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project andlor 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 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. 0