HomeMy WebLinkAboutItem 2 CUP 19-14 558 Las Tunas DrDATE: December 10, 2019
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Luis Torrico, Senior Planner
Jeff Hamilton, Contract Planner
SUBJECT: RESOLUTION NO. 2041 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 19-14 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE
SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION AND
KARAOKE WITHIN THE TWO BANQUET ROOMS WITHIN THE
EXISTING FULL-SERVICE RESTAURANT AT 558 LAS TUNAS DRIVE
Recommendation: Adopt Resolution No. 2046
SUMMARY
The applicant and business owner, LA Food Court, Inc., is requesting approval of
Conditional Use Permit Application No. CUP 19-14 to allow the sale of beer and wine for
on-site consumption and to allow karaoke within two the banquet rooms within the existing
full-service restaurant (d.b.a. Ho Kee Cafe) at 558 Las Tunas Drive. It is recommended
that the Planning Commission adopt Resolution No. 2046 (Attachment No. 1) and find
that the project is Categorically Exempt under CEQA and approve Conditional Use Permit
No. CUP 19-14, subject to the conditions listed in this staff report.
BACKGROUND
The subject site is developed with a 5,020 square-foot, one-story restaurant that is located
towards the rear of the property and is adjacent to a two-story multi-tenant commercial
building, known as Arcadia Center shopping center that has a spa, salon, dental and
professional offices (see Figure 1). The current restaurant has been in operation for nearly
a year; and the previous uses were restaurants as well. 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. The property is surrounded by commercial
properties to the west, east, north, and single-family residences to the south.
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 2 of 9
The property also has a shared parking agreement with the Arcadia Center shopping
center through a reciprocal parking agreement, and both sites have a combined total of
107 parking spaces at this center. The restaurant and commercial building were approved
with a parking modification to provide 113 parking spaces in lieu of the required 114
spaces, at the time the subject site was developed. Subsequently, another modification
was approved to reduce the parking requirement from 113 to 111 spaces to
accommodate a dental office. Over time, as uses changed in the commercial center, the
installation of handicap parking spaces were required to bring the site into compliance
with American Disability Act (ADA) requirements. Therefore, the total of parking for both
sites have been reduced to 107 spaces. The proposed sale of beer and wine and karaoke
use are not intensifying the existing use, nor will it increase the parking demand. The
center has sufficient parking for all the existing uses.
PROPOSAL
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow the sale
of beer and wine for on-site consumption within an existing full-service restaurant and to
allow karaoke within the two banquet rooms during the restaurant’s operating hours. The
restaurant has a 1,102 square foot main dining area, and three banquet rooms (see
Figure 2). No karaoke is proposed in the main dining area or within the VIP banquet room.
The option to have karaoke as an entertainment use is only proposed in two of the three
banquet rooms. The two smaller banquet rooms, provides for seating of up to 10 people
in one room and 20 people in the larger room – refer to Figure 2 below. Karaoke will only
be provided during the restaurant’s business hours which consist of Monday – Sunday
558 Las Tunas Dr.
Figure 1 - Aerial of subject site
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 3 of 9
from 9:00 a.m. to 10:00 p.m. No interior remodeling or changes to the restaurant’s
operations are proposed under this request.
ANALYSIS
The City’s Development Code requires a CUP to serve alcoholic beverages, pursuant to
an Alcoholic Beverage Control (ABC) Type 41 license in conjunction with a restaurant,
and to allow karaoke as an accessory use to an eating or drinking establishment. The
existing full-service restaurant has been operating at this location for approximately o ne
(1) year. The proposed alcohol sales will be in compliance with the Development Code,
subject to approval of the CUP. Alcohol sales will be limited to the restaurant’s hours of
operation, which consist of Monday – Sunday from 9:00 a.m. to 10:00 p.m. The service
and consumption of beer and wine is only proposed within the interior of the building.
Main Dining
Area Banquet Room Banquet Room
with Karaoke
Figure 2 – Floor Plan
Entrance
N
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 4 of 9
Per the Development Code, karaoke is allowed as accessory use to an eating or drinking
establishment, and shall not exceed 49 percent of the area devoted to seating and dining.
The existing total dining area, including the three banquet rooms, measures 2,144 square
feet. Karaoke will be provided in two banquet rooms, with a total area of 498 square feet,
which measures 23 percent of the total dining area; therefore, it will comply with the 49
percent requirement. Additionally, two conditions of approval have been placed on the
project that requires clear glass door into each of the banquet rooms and secur ity camera
are required for added safety measures for the karaoke use.
The Fire Department, Police Department, and Building Services have reviewed the
application and, with the exception of the Police Department’s request to install cameras
inside the banquet rooms that will provide karaoke, 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 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 the sale of beer and wine for on-site
consumption and karaoke in two banquet rooms in conjunction with a restaurant is
consistent with the Commercial Land Use Designation of the site. The Commercial
designation is intended to permit a wide range of commercial uses, including
restaurants and entertainment use, which serve both neighborhood and citywide
markets. The existing restaurant, which will offer the sale of alcohol with an ABC Type
41 License (beer and wine only), will be complementary to the food service that is
already provided within this restaurant, and having the option to have karaoke within
the two banquet rooms will provide additional entertainment services to their patrons.
Both the alcohol sales and karaoke use will be incidental to the restaurant, and the
karaoke use would be restricted to the two banquet rooms. The proposal will not
adversely affect the comprehensive General Plan and is consistent with the following
General Plan goals and policies:
Land Use and Community Design Element
Policy LU-6.7: Encourage a balanced distribution of commercial development
throughout the City, ensuring that neighborhoods and districts have adequate
access to local-serving commercial uses.
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 5 of 9
Economic Development Element
Goal ED-1: A mix of land uses and development incentives that work to retain
existing businesses and attract new enterprises that generate tax revenues and
high-quality jobs.
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, General Commercial.
Arcadia Development Code Section 9102.03.020, Table 2-8, allows the sale of alcohol
and karaoke in conjunction with a restaurant with an approved CUP. The addition of
alcohol sales and karaoke in two banquet rooms to the existing restaurant will be
consistent with other restaurants, with similar amenities, in the C-G zone, and will be
compatible with the surrounding businesses in the center and general area. The
Development Code limits karaoke uses to no more than 49 percent of the total dining
area. The karaoke use will measure approximately 23 percent of the total dining area;
therefore, will be in compliance with the 49 percent requirement. In addition, glass
doors to allow observation into the banquet rooms that offer karaoke will be required.
Therefore, the addition of alcohol sales and karaoke 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.
Facts to Support This Finding: The existing restaurant is located within an existing
commercial center with shared parking that adequately serves all the uses in the
center. The proposed sale of beer and wine and karaoke in two banquet rooms will be
ancillary to the primary restaurant use and will serve to augment the overall dining
experience, which will be similar to other restaurants offering similar amenities in the
area. Alcohol sales and karaoke will be limited to the restaurant’s business hours,
which consist of Monday – Sunday from 9:00 a.m. to 10:00 p.m. Therefore, the
proposed sale of beer and wine, and on-site consumption, and karaoke 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 existing restaurant will not be enlarged
as part of the proposed sale of alcoholic beverages and karaoke use. The
existing parking in the center is not anticipated to be impacted by proposed
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 6 of 9
request, and no site improvements are proposed or required; therefore, no
impacts are anticipated to the 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 subject site is located along Las Tunas
Drive with access to the project from that street. The street is adequate in width
and pavement type to carry the traffic generated by the existing restaurant and
uses in the center, any other use that may occupy the site, and any emergency
services that may need to access the site. The proposed use will no t 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 an
existing restaurant and an existing multi-tenant commercial building that
comply with current safety requirements. No improvements to the restaurant or
the site are proposed as part of this request. The proposed alcohol sales and
karaoke in two banquet rooms have been reviewed by the Fire and Police
Department and, with the exception of the Police Department’s request to
install cameras inside the banquet rooms that will provide karaoke, no concerns
were raised by any of the departments. 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 existing restaurant is located within an
existing commercial center. The center is adequately served by the 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
provision 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 allow the sale of beer and wine
for on-site consumption and to allow karaoke within two banquet rooms within an
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 7 of 9
existing restaurant will be consistent with similar previously approved uses in the
C-G zone. The sale and consumption of alcohol and karaoke use will be done 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
comply with the California Department of Alcoholic Beverage Control (“ABC”)
regulations. In addition, the Arcadia Police and Fire Departments have reviewed
the application and did not have any concerns. Lastly, conditions of approval, such
as requiring security cameras in the banquet rooms that offer karaoke, requiring
that windows or other openings that allow observation into the banquet rooms that
offer karaoke be provided, and requiring periodic inspections to asses any adverse
impacts have been included to mitigate any potential impacts.
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 W eekly on
November 28, 2019. As of December 5, 2019, staff has not received any comments from
the public.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2046 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve Conditional Use Permit No. CUP 19-14 subject to the following
conditions of approval:
1. The business shall be maintained by the applicant/owner in a manner that is
consistent with the plans submitted and conditionally approved for CUP 19-14, and
shall be subject to periodic inspections. The approval is limited to only the sale of
beer and wine for on-site consumption within the existing restaurant, and karaoke
use within the two (2) banquet rooms.
2. The business hours shall be limited to Monday through Sunday from 9:00 a.m. to
10:00 p.m. Any changes to the hours of operations and/or the days, shall be
subject to review and approval by the Planning & Community Development
Administrator, unless significant modifications are proposed; in which case, the
application may be referred to the Planning Commission.
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 8 of 9
3. Alcoholic beverage service shall be limited to bee r 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.
4. Glass doors into the two banquet rooms shall be provided, and shall remain
unobstructed to allow easy viewing from the hallway into the banquet rooms for
the karaoke use.
5. Surveillance cameras shall be provided in each banquet room. The location and
number of cameras shall be subject to review and approval by the Police Chief or
designee, prior to commencement of the karaoke use.
6. No music from the business operations shall be audible outside of the restaurant.
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-
14 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the termination of alcohol sales and/or karaoke.
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.
CUP 19-14
558 Las Tunas Dr.
December 10, 2019
Page 9 of 9
11. Approval of CUP 19-14 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.
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 19-14, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 2046 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 19-14; 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 December 10, 2019, hearing, please contact Lisa Flores
at (626) 574-5445 or by email at lflores@arcadiaca.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2046
Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2046
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information &
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.):
Number of Units:
C-G
C
Property Characteristics
1991
5,020
0
SIEN,RICHARD AND GRACE TRS ET AL R AND G SIEN TRUST AND HSIEH,DAVID
Site Address:558 LAS TUNAS DR
Parcel Number: 8586-001-010
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 18-Nov-2019
Page 1 of 1
WŚŽƚŽ<ĞLJϯ
3KRWR3KRWR
3KRWR
Attachment No. 3
Attachment No. 3
Architectural Plans
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 19-14 - 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 an existing full service
restaurant, at 558 Las Tunas 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):
558 Las Tunas Drive
(cross streets: Las Tunas Drive and Baldwin Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name LA Food Court, Inc., Business Owner
(2) Address 558 Las Tunas 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:
December 10, 2019
Staff:
Jeff Hamilton, Contract Planner