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HomeMy WebLinkAbout7276 RESOLUTION NO. 7276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MINOR USE PERMIT NO. MUP 18-06, ARCHITECTURAL DESIGN REVIEW NO. ADR 18-19, AND PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC AM 18-02, WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"), TO CONVERT 5,849 SQUARE FEET OF AN EXISTING 38,761 SQUARE FOOT, SELF- STORAGE BUILDING INTO A MULTITENANT FOOD HALL WITH A 1,326 SQUARE FOOT INCIDENTAL OUTDOOR DINING AND SEATING AREA AT 33-35 W. HUNTINGTON DRIVE WHEREAS, on November 15, 2018, an application was submitted for Minor Use Permit No. MUP 18-06, Architectural Design Review No. ADR 18-19, Planning Commission Administrative Modification No. PC AM 18-02, and Development Agreement No. DA 19-01 to convert a portion of the existing 38,761 square foot, self-storage building into a multitenant food hall and add an incidental outdoor dining area at the rear of the building at 33-35 W. Huntington Drive (the "Project"); and WHEREAS, on June 3, 2019, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA"), and on September 10, 2019, Planning Services updated the environmental assessment based on changes to the Project and recommends that the City Council determine that the Project qualifies as a Class 3 Categorical Exemption under CEQA pursuant to Section 15303 of the CEQA Guidelines as a conversion of small structures; and WHEREAS, on July 9, 2019, a duly noticed public hearing was held before the Planning Commission on said applications to provide their recommendations and comments to the City Council, at which time all interested persons were given full opportunity to be heard and to present evidence; and 1 WHEREAS, on October 1, 2019, a duly noticed public hearing was held before the City Council on said applications, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Development Services Department in the staff report dated October 1, 2019 are true and correct. SECTION 2. The City Council finds that based upon the entire record, including all written and oral evidence presented, pursuant to the Arcadia Development Code, all of the following findings can be made. Minor Use Permit Findings: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: The proposed food hall use with late night operating hours and an incidental outdoor dining area with greater than 12 seats is consistent with the Commercial Land Use Designation of the site, and the General Plan's Downtown Arcadia Land Use Focus Area, including the following goals and policies: Goal LU-10: A thriving Downtown, with healthy commercial areas supported by high-quality, residential uses and supportive of the Metro Gold Line transit station. • Policy LU-10.2: Promote the Metro Gold Line Extension and establishment of a transit station in Downtown Arcadia, and take full advantage of the opportunities the Gold Line station will bring to Downtown and the City as a whole. 2 • Policy LU-10.4: Establish commercial uses that complement the vision of the Downtown core with opportunities for more intense, quality development at key intersections that are unique from the regional offerings at the regional mall. • Policy LU-10.10: Establish a "park once" system in Downtown with a collection of shared surface and parking structures. • Policy LU-10.14: Create a high-quality pedestrian experience in Downtown through the use of street trees, public art, street furniture, and public gathering spaces. Using signage, art, and unique uses, entice and encourage people to walk and explore the commercial core of Downtown. Goal ED-2: Re-creation of Downtown as the social and symbolic "Heart of the City". • Policy ED-2.3: Adjust parking standards for Downtown to allow for shared parking arrangements, use of public parking lots and structures, and reduced parking requirements. • Policy ED-3.2: Promote the commercial reuse of key vacant commercial properties within the City through a program of active solicitation of prospective users, particularly in those retail sectors for which the City is underserved and currently experiencing leakage of sales tax dollars, and through the provision of appropriate development incentives. Goal ED-4: Continued revitalization of public infrastructure and private properties within the redevelopment project area • Policy ED-4.7: Adjust development standards as needed to ensure that parking and zoning regulations enhance redevelopment opportunities and do not preclude project feasibility. 3 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Minor Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The site is zoned CBD, Central Business District. Per Arcadia Development Code Section 9102.05.020, Table 2-10, the proposed food hall (small restaurants) with alcoholic beverage service and located greater than 300 feet from any residentially zoned properties is permitted by-right. A Minor Use Permit is required to approve the late night operating hours on Friday and Saturday nights and the incidental outdoor dining area with more than 12 seats. The late night operating hours and incidental outdoor dining area will comply with all applicable code provisions and requirements. As a condition of approval, the food hall will be required to have private security personnel monitor the rear parking lot and outdoor dining area during evening and late night hours. With approval of the proposed Administrative Modification for reduced on-site parking, the proposed uses comply with all applicable provisions of the Development Code and the Arcadia 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 Food Hall with late night operating hours and an incidental outdoor seating area with more than 12 seats is a commercial use consistent with the CBD, Central Business District zoning of the property and is consistent with the General Plan goals and policies for the Downtown Arcadia District. All operating characteristics will be compatible with existing and future land uses in the vicinity. As a condition of approval, the food hall will be required to have private security personnel monitor the rear parking lot and outdoor dining area during evening hours. A parking 4 analysis and traffic analysis were conducted for the project by Gibson Transportation Consulting Inc. to evaluate the estimated parking and traffic demands of the proposed uses and project. The traffic analysis finds no significant impacts resulting from the project. With the parking measures included with this proposal in the Arcadia Commons Parking Management Plan, there will be adequate parking resources for the subject property and 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 proposed food hall use includes parking measures to ensure adequate parking resources for the subject property and those in the immediate vicinity, including the late night operating hours and incidental outdoor dining area with greater than 12 seats. A parking analysis and traffic analysis were conducted for the project by Gibson Transportation Consulting Inc. to evaluate the estimated parking and traffic demand of the uses and project. The traffic analysis finds no significant impacts resulting from the project. With the parking measures included with this proposal in the Arcadia Commons Parking Management Plan, there will be adequate parking resources for the subject property and existing and future land uses in the vicinity. The site and existing commercial building is physically suitable per design, location, shape, size, and operating characteristics to accommodate the proposed adaptive reuse project. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. 5 Facts to Support This Finding: This is a midblock property with frontages on Huntington Drive to the south and Morlan Place to the north. Both streets are designated and designed with the capacity to accommodate both public and emergency vehicles. These streets are adequate in width and pavement type to carry the traffic that could be generated by the amended commercial uses. A traffic analysis was conducted for the project by Gibson Transportation Consulting Inc. to evaluate the estimated traffic demand of the uses and project. The traffic analysis finds no significant impacts resulting from the project. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is currently developed with a commercial building that complies with all safety requirements. The proposed adaptive reuse project will require extensive interior tenant improvements as well as minor façade improvements. The required construction and the operation of the building will comply with all public safety requirements needed to convert a portion of this building into a multitenant Food Hall. The City's Fire and Police Departments have reviewed the proposal, including the late night operating hours and incidental outdoor dining area with greater than 12 seats, and have no objection to the project as there are adequate services in place to handle the anticipated needs of this project. 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 currently includes water, solid waste collection and disposal, and other utilities. The proposed project will update existing on-site infrastructure to accommodate food and beverage uses, and will include the addition of a new covered trash and recycling enclosure at the north-end of the parking 6 lot. There are adequate utilities to service the new project and no additional impact to utilities from the proposed amendment. 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: As a commercial use allowed in the CBD Zone, the proposed food hall with late night operating hours and an incidental outdoor dining area with greater than 12 seats is consistent with the character of the commercial district. The size and operating characteristics of the food hall are complementary and compatible with the uses and improvements in the vicinity. As a condition of approval, the food hall will be required to provide private security personnel to monitor the parking lot and outdoor dining area during evening hours. With the proposed parking measures, the site is able to accommodate the food hall use without being injurious to the improvements, persons, property, or uses in the vicinity and zone in which the subject property is located. The proposal is also consistent with the General Plan designation of the site and the goals and policies of the Downtown Arcadia General Plan Land Use Focus Area. With the parking measures included with this proposal in the Arcadia Commons Parking Management Plan, there will be adequate parking resources for the subject property and existing and future land uses in the vicinity. 7 Administrative Modification Findings: 6. An Administrative Modification allowing 20 on-site parking spaces in lieu of 54 spaces required by the Arcadia Development Code satisfies at least one of the following findings: a. Promotes uniformity of development; b. Prevents an unreasonable hardship; or c. Secures an appropriate improvement of a parcel Facts to Support This Finding: Based on Gibson Transportation Consulting Inc.'s parking analysis and recommendations, the Arcadia Commons Parking Management Plan has been prepared for the project that addresses potential parking deficiencies and impacts to the area. The Parking Management Plan includes items that will increase the efficient use of the on-site parking lot, increase the total number of public parking spaces in the vicinity of the site, and with time-limits make use of the public parking spaces more efficient, as well as other operational conditions of the proposed Food Hall use that address potential impacts to surrounding properties and public right-of-ways. The implementation of the specific measures in the Parking Management Plan are required as part of the Development Agreement and/or in the project's conditions of approval. Due to the subject property's location on Huntington Drive, one of the City's main commercial thoroughfares, and in the Downtown Arcadia commercial district, the proposed food hall is a much more appropriate use of the site as opposed to continuation as a light industrial use. Consistent with the City's General Plan goals and policies for the Downtown Arcadia commercial district, the proposed adaptive reuse project utilizes shared parking strategies, public parking resources, and other measures outlined in the Parking Management Plan to facilitate adaptive reuse of the existing building and parcel with a more appropriate use 8 for the site and the surrounding commercial district. Based on the above, the proposed Administrative Modification will secure an appropriate improvement of this parcel. 7. The proposed exterior changes to the building meet each of the following requirements for approval of an Architectural Design Review Application: a. Be allowed within the subject zone; b. Be in compliance with all of the applicable design review criteria identified in the Development Code; c. Be in keeping with the character of the neighborhood, in terms of the structure(s) general appearance; and d. Not be detrimental to the harmonious and orderly growth of the City. Facts to Support This Finding: The proposed exterior changes to the building consist of new storefront glass along the Huntington Drive frontage and at the rear of the building, a new exterior patio at the rear of the building, and cosmetic changes to the exterior walls of the building. Elevations and renderings have been provided with the project application showing the proposed exterior changes. The proposed project is allowed within the CBD Zone. The proposed changes are in compliance with the design review criteria identified in the City's Architectural Design Guidelines and Development Code. The existing storefront has been dormant and unproductive for many years, and the new design and aesthetic will assist in making this a useful commercial space. The proposed design changes are also in keeping with the character of the neighborhood, and will not be detrimental to the harmonious and orderly growth of the City. The proposed design meets the prerequisite findings for approval of Architectural Design Review No. ADR 18-19. 9 SECTION 3. For the foregoing reasons the City Council of the City of Arcadia determines that the Project is Categorically Exempt per Class 3, Section 15303 of the California Environmental Quality Act ("CEQA") Guidelines, and approves Minor Use Permit No. MUP 18-06, Architectural Design Review No. ADR 18-19, and Planning Commission Administrative Modification No. PC AM 18-02 to convert 5,849 square feet of the existing 38,761 square foot, self-storage building into a multitenant food hall with a 1,326 square foot incidental outdoor dining and seating area at the rear of the building at 33-35 W. Huntington Drive, subject to the conditions of approval attached hereto. SECTION 4. This Resolution shall take effect upon the adoption of Ordinance No. 2364. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 1st day of October , 2019. i 4/ I,4 ehizar Ma-y/ of City of Arcadia ATTEST: f ide ,,„,d p Air 4 e.0.0-------- City Clerk 1r APPROVED AS TO FORM: f Ste �hen P. Deitsch City Attorney 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7276 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 1st day of October, 2019 and that said Resolution was adopted by the following vote, to wit: AYES: Amundson, Beck, Tay, and Chandler NOES: None ABSENT: None ABSTAIN: Verlato C f erk of the'"y of Arcadia 11 RESOLUTION NO. 7276 Conditions of Approval 1. The use approved is limited to a 5,849 square foot multitenant food hall on the ground floor consisting of small restaurant uses/food vendors, the sale of beer, wine, and alcoholic beverages for on-site consumption, late night operating hours, and a 1,326 square foot outdoor seating area with seating for up to 60 patrons. The approved use shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved by Minor Use Permit No. MUP 18-06. City Staff shall conduct periodic inspections, after which the provisions of this Minor Use Permit, including the late night operating hours and/or number of seats in the outdoor dining area, may be adjusted after due notice to address any potential impacts it may have to the neighboring properties/businesses. Any adjustments can be made by the Planning & Community Development Administrator. The remainder of the building shall continue to be used as self- storage. 2. The Food Hall operating hours shall not exceed Sunday—Thursday from 6:00 AM to 12:00 AM (midnight), and Friday & Saturday from 6:00 AM to 2:00 AM. 3. The food hall operator shall be required to lease a minimum of 10 off-site private parking spaces at the adjacent Elks Lodge property at 27 W. Huntington Drive, or another property within 1,4-mile of the subject site, for use by employees and operators of the food hall and self-storage businesses, and then adjusted at the discretion of the Planning & Community Development Administrator, or designee, as determined to be needed to provide adequate parking for employees. 4. During the self-storage business' operating hours, portable signage shall be used to label "self-storage loading/unloading only" for the two closest non-ADA parking spaces to the building. This signage shall be removed or obscured from public view during all hours that the self-storage business is closed. Additionally, the width of these two parking spaces shall be increased on the final construction drawings as determined to be feasible during plan-check review with the specific width of these two spaces subject to approval of the Development Services Department. 5. Prior to opening 50% or more of the food hall vendor spaces, the food hall operator shall be required to begin providing security personnel to monitor parking and security in the subject parking lot, outdoor dining area, and adjacent private parking lots during specified evening and late night hours. Security personnel shall initially be on-duty daily beginning at 11:00 AM and extending until 30 minutes after close of the food hall, and then adjusted at the discretion of the Planning & Community Development Administrator, or designee, as determined to be needed to adequately monitor and enforce parking and public safety. 12 6. The Applicant shall enter into a no-fee lease agreement to allow the City of Arcadia to maintain its existing traffic-related mechanical equipment on the rooftop of the building. This agreement shall be executed within 120 days of approval of the proposed project. 7. Additional exterior lighting shall be added to the rear of the building and/or in the rear parking lot to better illuminate the on-site parking during evening hours. Details of the additional exterior lighting shall be submitted concurrently with building permit plans for city review and permit issuance, and subject to city design criteria, building and safety regulations, and other applicable requirements. 8. Prior to issuance of the first building permit for the new food hall, the Applicant shall grant a nonexclusive easement for vehicular access at the northwest corner of the Subject Property for the benefit of the adjacent property to the west (Rod's Grill), consistent with the existing de facto vehicular connection. Such grant of easement shall be subject to the approval of the City Attorney prior to recordation. In the event the Applicant is prevented from granting or perfecting the vehicular access easement, the Applicant shall nonetheless continue to maintain the de facto vehicular connection at the northwest corner of the property. 9. Prior to issuance of a Certificate of Occupancy from the Building Division, the Applicant/Property Owner shall upgrade the existing trash and recyclables enclosure in compliance with Development Code Section 9103.01.130, subject to review and approval by the Planning & Community Development Administrator, or designee. The enclosure shall provide adequate room for a trash container, a recycling container, and a 64-gallon organic recycling cart. 10.A11 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, including but not limited to those listed on the Public Works Services Department, Building Division, and Fire Department review memorandums for this project and/or as otherwise amended during plan-check review. 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. 11.Noncompliance with the plans, provisions and conditions of approval for DA 19- 01, MUP 18-06, PC AM 18-02, and/or ADR 18-19 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the food hall. 12.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 13 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. 13.Approval of MUP 18-06, PC AM 18-02, and ADR 18-19 shall not be of effect until Development Agreement No. DA 19-01 has also been approved and fully executed. Additionally, on or before 60 calendar days after City Council adoption of Resolution No. 7276, the Applicant/Property Owner shall also execute and file an Acceptance Form with the Development Services Department to indicate awareness and acceptance of these project conditions of approval. 14. The Applicant shall provide a ridesharing drop-off location serving the site. 14