HomeMy WebLinkAbout2046RESOLUTION NO. 2046
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, 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 WITHIN AN EXISTING FULL-
SERVICE RESTAURANT AND TO ALLOW KARAOKE WITHIN TWO
BANQUET ROOMS DURING THE RESTAURANT BUSINESS HOURS AT
558 LAS TUNAS DRIVE
WHEREAS, on September 3, 2019, an application for Conditional Use Permit No
CUP 19-14 was filed by the business owner, LA Food Court, Inc. ("Applicant"), to allow the
sale of beer and wine (ABC Type 41 License), for on-site consumption at an existing 5,020
square foot restaurant, and to allow karaoke within two banquet rooms during the restaurant's
business hours located within the Arcadia Center commercial development at 558 W. Las
Tunas Drive (the "Project"); and
WHEREAS, on November 18, 2019, 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 1 Categorical Exemption under
CEQA Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility;
and
WHEREAS, on December 10, 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:
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SECTION 1. The factual data submitted by the Community Development Division in
the staff report dated December 10, 2019 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: Approval of the Project 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 Project 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.
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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 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, 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 Project 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 Project 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 existing restaurant is located within an existing commercial center with
shared parking that adequately serves all the uses in the center. The proposed Project 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 —
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Sunday from 9:00 a.m. to 10:00 p.m. Therefore, the proposed Project, 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 existing restaurant will not be enlarged as part of the proposed Project. The
existing parking in the center is not anticipated to be impacted by proposed 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;
FACT: 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
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 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 Project
has been reviewed by the Fire and Police Department and, with the exception of the Police
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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.).
FACT: 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.
FACT: The Project 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.
SECTION 3. 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 4. For the foregoing reasons the Planning Commission determines that
the Project is Categorically Exempt under the California Environment Quality Act (CEQA)
Section 15301, Class 1, and approves Conditional Use Permit No. CUP 19-14 to allow the
Project located at 558 Las Tunas Drive 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 10th day of December, 2019.
Chair, Planning Commission
ATTEST:
P�A� -
Lisa L. Fiore
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. 2046 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 10'h day of December, 2019,
and that said Resolution was adopted by the following vote, to wit:
AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson
NOES: None
ABSENT: None
0) /�- --1
Lisa L. Flore
Secretary of the tanning Commission
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RESOLUTION NO. 2046
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.
3. 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.
4. Glass doors into the 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.
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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 19-14 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.
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