HomeMy WebLinkAboutAgenda Packet - Part 4 of 4 - Item Nos. 3-5DATE: July 14, 2020
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Christine Song, Associate Planner
SUBJECT: RESOLUTION NO. 2059 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 20-08 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE
SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF-SITE
CONSUMPTION AND EXTENDED HOURS OF OPERATION FOR A NEW
GROCERY STORE (DBA: GROCERY OUTLET) AT 140 E. LIVE OAK
AVENUE
Recommendation: Adopt Resolution No. 2059
SUMMARY
The Applicant, Grocery Outlet, is requesting approval of Conditional Use Permit
Application No. CUP 20-08 to allow the sale of beer, wine, and distilled spirits for off-site
consumption and extended hours of operation, for more than 16 hours per day for a new
grocery store within an existing 14,490 square foot commercial building at 140 E. Live
Oak Avenue. It is recommended that the Planning Commission adopt Resolution No.
2059 (refer to Attachment No. 1) and find that the project is Categorically Exempt under
CEQA and approve CUP 20-08, subject to the conditions listed in this staff report.
BACKGROUND
The subject property is a 1.5 acre (66,912 square feet) lot developed with a one-story,
14,490 square foot commercial building (see Figure 1). It was formally occupied by
Walgreens, which closed in December 2019. The property is located along E. Live Oak
Avenue, between 2nd Avenue and Santa Anita Avenue, and has access from either E.
Live Oak Avenue or Tyler Avenue. The property shares a parking lot with the adjacent
parcel to the east, which is developed with a drive-thru restaurant (Jack-in-the-Box). The
project site is zoned Mixed Use, MU, with a General Plan Land Use Designation of Mixed
Use - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos
of the subject property. The property is surrounded by commercial uses to the north, west,
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 2 of 9 N a vacant commercial zoned property to the east and adjacent to this property, and single
family residences to the south in the unincorporated area of Los Angeles County (outside
of Arcadia city limits).
In 2005, the Planning Commission approved Conditional Use Permit No. CUP 05-15 to
allow a new Walgreens pharmacy and drug store with a drive-thru pharmacy without the
sale of alcohol. In January of 2015, Walgreens applied for an Amendment to their CUP
to allow for the sale of beer and wine only – with a Type 20 license from the California
Department of Alcoholic Beverage Control (ABC), which was approved by the Planning
Commission. However, when the business closed in 2019 Walgreens chose not to
transfer their ABC license to Grocery Outlet. As a result, the Grocery Outlet is applying
for a new permit as they plan to takeover this space and convert it into a grocery store.
PROPOSAL
The Applicant, Grocery Outlet, is requesting approval of a Conditional Use Permit (CUP)
to allow the sale of beer, wine, and distilled spirits with a Type 21 (Off-Sale General)
license from ABC and extended hours of operation, to operate for more than 16 hours per
day for a new grocery store. The proposed business hours are from 6:00 a.m. to 11:00
p.m., daily.
The existing 14,490 square foot commercial building is currently vacant and was
previously occupied by a Walgreens pharmacy and drugstore. Grocery Outlet is a
franchise chain of grocery stores that offers discounted groceries and household products
Figure 1 - Aerial of subject site
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 3 of 9
that are of name brands. The company has over 300 stores nationwide with nearest
locations in San Gabriel, Rosemead, and Duarte. The project site will require minor tenant
improvements to accommodate the grocery store use such as installation of walk-in
refrigeration, wall racks and shelves, replacement of existing doors, remodeling of unisex
restrooms, and construction of an outdoor shopping cart corral. New signage will be
reviewed through a separate Design Review application, as noted in the conditions of
approval.
The proposed floor plan (refer to Attachment No. 3) shows the interior layout of the store
with the alcohol section in the southwest corner, adjacent to the checkout stations.
Grocery Outlet sells a wide variety of craft beers, wines, and distilled spirits which are
typically displayed on open shelves at all their store locations (see Figure 2).
ANALYSIS
The Development Code states
that any business selling
alcoholic beverages for off-site
consumption, which is open for
more than 16 hours per day (or
between midnight and 6:00 a.m.)
and is located less than 150 feet
from residentially zoned property
is subject to a Conditional Use
Permit (CUP). The purpose of
the CUP is to ensure that the
proposed alcohol sales is an
appropriate use for the property
and is compatible with other uses
in the surrounding neighborhood.
The subject property shares a
parking lot with the adjacent parcel to the east, which is developed with a drive-thru
restaurant (Jack-in-the-Box). The existing on-site parking spaces meet the current Code
requirements and provide sufficient parking for both commercial uses. The Applicant will
occupy an existing building that was previously occupied by Walgreens, who was
approved to sell beer and wine under a Type 20 ABC License.
The sale of beer, wine, and distilled spirits for off-site consumption with extended hours
of operation can be found at almost all conventional grocery stores and is not an unusual
request. As a retail use, the proposed sale of alcohol is consistent with the MU zoning of
this site. Allowing this use would not result in an adverse impact to the neighboring
businesses or properties since all development standards will be met and on-site
consumption will not be permitted. Allowing the sale of beer, wine, and distilled spirits for
off-site consumption will serve a “public convenience and necessity” and the Applicant
will be required to comply with the California Department of Alcoholic Beverage Control
(“ABC”) regulations. With regards to public safety issues, the Fire Department, Police
Figure 2 – Photo of a Grocery Outlet Store Alcohol Sales Section
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 4 of 9
Department, and Building Services have reviewed the CUP application and no objections
or concerns were raised by any of the departments for the proposed use.
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, wine and distilled spirits
in grocery stores is consistent with the Commercial Land Use Designation of the site
and it will not adversely impact the objectives of the General Plan. The Commercial
designation is intended to permit a wide range of commercial uses, which serve both
neighborhood and citywide markets. The sale of alcohol and extended hours of
operation for more than 16 hours, but up until 11:00 PM will provide the general public
the goods and services typically found near residential neighborhoods, and the
proposed request will remain as an incidental use to the grocery store. Therefore, the
grocery store along with the sale of alcohol and the extended hours of operation is
consistent with the General Plan and the following policy:
Land Use and Community Design Element
x Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
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 subject property is zoned MU, Mixed Use, which
allows for a variety of retail and commercial uses, including a grocery store that is
allowed by-right in this zone. Since the sale of the alcoholic beverages is incidental to
the grocery store, and the previous business (Walgreens) also sold alcohol on this
site, the proposed request will not change the characteristics of the area. As for the
extended hours of operating for more than 16 hours per day and until 11:00 p.m.,
these hours are typical of supermarkets to provide ongoing services to the residents.
Therefore, the proposed request complies with all the applicable provisions of the
Development Code and 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 sale of alcohol will be located within an existing
commercial building and limited to one area of the market. The proposed sale of
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 5 of 9
alcohol will not affect nor change the way a grocery store is operated. Selling alcohol
will not change the operating characteristics of a grocery store and it will be compatible
with other markets that sell alcohol such as Albertsons, which is located two blocks
from this site, or the 7-Eleven just east of this site. If anything, this would be more of
a convenience for the shoppers to purchase multiple goods in one location. This will
not create any potential negative impacts since on-site consumption is not allowed.
The Applicant’s proposed business hours are from 6:00 a.m. – 11:00 p.m., daily, which
is the same as the nearby Albertsons store. The 7-Eleven which is just east of this site
is open 24 hours. A grocery store with alcohol sales is a common commercial use
found near residential neighborhoods and commercial corridors since it provides
goods and services to the residents. Therefore, the proposal is 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 subject site is physically suitable to
accommodate the proposed use because the sale of alcohol will take place inside
the existing commercial building as part of the grocery store use. There will be a
designated area in the southwest corner of the store where the beer, wine, and
distilled spirits will be displayed on open shelves. There will be no changes or
impacts to parking since the proposed use has the same parking requirement as
the previous use that occupied the building. The site is adequate in size and shape
to accommodate the proposed use, as there will be no exterior changes to the
existing building.
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 property is located along E. Live Oak
Avenue, between 2nd Avenue and Santa Anita Avenue and has access from
either E. Live Oak Avenue or Tyler Avenue. Both streets are adequate in width
and pavement type to carry the traffic generated by the proposed use and
emergency vehicles. Therefore, 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 proposed use has been reviewed by the
Arcadia Fire and Police Departments and no safety concerns were raised from
the previous use when Walgreens sold alcohols and under this new potential
tenant.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
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 an
existing commercial building. There are adequate utilities to service this site and
business, so the proposed use will not impact the existing infrastructure as the
site is capable of handling this type of demand. 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: As a commercial use, the proposed sale of beer,
wine, and distilled spirits for off-site consumption with extended hours of operation
is consistent with the zoning of this site. Allowing the sale of beer, wine, and
distilled spirits for off-site consumption will serve a “public convenience and
necessity” and is in accordance with the City’s policies to attract new businesses
to enhance the economic base. It will improve the ability of this grocery store to
compete with other nearby stores and will not result in an adverse impact to the
neighboring businesses or properties; nor will it create a public nuisance. The
Applicant will 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.
Therefore, the proposed use will not adversely affect the public convenience,
health, interest, safety, or general welfare of adjacent uses in the vicinity and zone
of the subject property.
ENVIRONMENTAL ANALYSIS
It has been determined that the project qualifies as a Class 1 Categorical Exemption per
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No.
4).
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 July 2,
2020. As of July 9, 2020, staff has not received any comments or concerns from the public.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 7 of 9
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2059 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve Conditional Use Permit No. CUP 20-08 subject to the following
conditions of approval:
1. The use approved by Conditional Use Permit No. CUP 20-08 is limited to the sale
of beer, wine, and distilled spirits (Type 21 ABC license), for off-site consumption
within an existing 14,490 square foot commercial building. No on-site consumption
is permitted with this approval. The business shall be operated and maintained in
a manner that is consistent with the proposal and plans submitted and approved
for CUP 20-08, and shall be subject to periodic inspections, after which the
provisions of this Conditional Use Permit may be adjusted by the Planning &
Community Development Administrator, or designee, after due notice to address
any adverse impacts to the neighboring businesses and properties.
2. The business hours shall be limited to 6:00 a.m. to 11:00 p.m., daily.
3. No exterior changes to the existing building are permitted with this approval. Any
exterior changes to the building shall be subject to a Site Plan and Design Review
application.
4. No exterior signage is permitted with this approval. Any new exterior signage shall
be subject to a sign permit.
5. There shall be no excessive loitering in front of the business.
6. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
7. 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.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 8 of 9
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 be subject to building permits.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 20-
08 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
9. The Applicant/Property Owner 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.
10. Approval of CUP 20-08 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 20-08, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 2059 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 20-08; 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.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 9 of 9
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the July 14, 2020, hearing, please contact Associate Planner
Christine Song at (626) 574-5447, or CSong@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2059
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. 2059
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.):
MU
Number of Units:
MU
Property Characteristics
2007
14,413
0
WALGREEN CO LESSEE MEEKER FAMILY PARTNERS LP LESSOR
Site Address:
Parcel Number: 8573-024-031
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 12-Jun-2020
Page 1 of 1
Grocery Outlet
140 E. Live Oak Avenue, Arcadia, CA
Aerial Photo
Aerial Photo Close In
Grocery Outlet
140 E. Live Oak Avenue, Arcadia, CA
Front of Store
Back of the Store
Attachment No. 3
Attachment No. 3
Architectural Plans
PROPOSED GROCERY OUTLETRENEWALDATE&SM.HEALICENSEDARCHITECTSTATEOFCALIFORNIATHINNE DPROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m4/13/2020 10:23:22 AMA100SITE PLAN - FORREFERENCE ONLY140 LIVE OAK AVEARCADIA, CA 91006ILCI54367XXX1" = 1'-0"EXISTING SITE PLAN - FOR REFERENECE ONLY1NOT TO SCALE
127( 6,*10867%(3267(',1$3/$&(7+$7,6&/($5/<9,6,%/(723$752162)7+(/,&(16(635(0,6(66,*1$*(/(77(566+$//%(0,1,1+(,*+7$1'6(7$*$,167$&2175$67,1*%$&.*5281'1223(1$/&2+2/,&%(9(5$*(&217$,1(56$5($//2:('217+(6(35(0,6(6
127( 6,*10867%(3267(',1$3/$&(7+$7,6&/($5/<9,6,%/(723$752162)7+(/,&(16(635(0,6(66,*1$*(/(77(566+$//%(0,1,1+(,*+7$1'6(7$*$,167$&2175$67,1*%$&.*5281'12/2,7(5,1*,6$//2:(',1)52172)7+(6(35(0,6(6PT6FINISH LEGENDEXTERIOR WALLSMFR: BENJAMIN MOORECOLOR: SHORELINE #1471PT7MFR: BENJAMIN MOORECOLOR: GRAYSTONE #1475PT8MFR: BENJAMIN MOORECOLOR: KENDALL CHARCOAL #HC-166SHEET NOTES1. POWER WASH EXISTING EXTERIOR WALL PRIOR TO APPLICATION OF NEW PAINT.2. PATCH AND REPAIR ANY DAMAGE WALLS AS REQUIRED PRIOR TO APPLICATION OF NEW PAINT OR FINISH.3. SEE DETAILS 6 & 7/A301 FOR SIGNAGE TO BE ADDED.FINISH FLOOR0'-0"ABCDE(N) CART CORRAL BY GO(E) BRICK FEATURE TO REMAIN, TYPPT6PT6PT8PT8PT6PT8(E) CLAY TILE ROOF TO REMAIN(E) CLAY TILE ROOF TO REMAINSIGNAGE BY SIGN VENDOR, UNDER SEPARATE SUBMITTALPT6PT8PT7PT7(E) OVERHANG TO REMAINTO PARAPIT24'-0"TO STOREFRONT9'-0"(E) STONE FEATURE TO REMAIN, TYPPT7TO MEAT COOLER8'-0"FINISH FLOOR0'-0"ABCDENEW WALL OPENING TO ACCOMODATE NEW LOADING DOOR (9'-0"W X 10'-0"H) ON-GRADE(E) ROLL-UP DOOR TO BE REMOVED, INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) BRICK FEATURE TO REMAIN, TYP(N) BALE STORAGEPT6PT6PT8PT8PT6(E) CLAY TILE ROOF TO REMAINPT7PT7PT7TO PARAPIT24'-0"TO STOREFRONT9'-0"FINISH FLOOR0'-0"1234(E) PHARMACY OVERHANG TO BE REMOVED INFILL AND PATCH WALL TO MATCH ADJACENT(E) PHARMACY PICK-UP WINDOW TO BE REMOVED INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) BOLLARDS TO BE REMOVEDNEW EXIT DOOR, ON-GRADE(CONFIRM WITH GO IF THIS IS REQUIRED)(E) BRICK FEATURE TO REMAIN, TYPPT6PT8PT8PT6PT7TO PARAPIT24'-0"TO STOREFRONT9'-0"FINISH FLOOR0'-0"1234SIGNAGE BY SIGN VENDOR, UNDER SEPARATE SUBMITTAL(E) BRICK FEATURE TO REMAIN, TYPPT6PT6PT6PT8PT8(E) CLAY TILE ROOF TO REMAIN(E) CLAY TILE ROOF TO REMAINPT6PT8PT7PT7(E) OVERHANG TO REMAINTO PARAPIT24'-0"TO STOREFRONT9'-0"(E) STONE FEATURE TO REMAIN, TYPPT7RENEWALDATE&SM.HEALICENSEDARCHITECTSTATEOFCALIFORNIATHINNE DPROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m4/13/2020 10:23:52 AMA301EXTERIORELEVATIONS - FORREFERENCE ONLY140 LIVE OAK AVEARCADIA, CA 91006ILCI54367XXX1/4" = 1'-0"EXISTING EXTERIOR PHOTOS (FOR REFERENCE ONLY)5NOT TO SCALE1/8" = 1'-0"NORTH EXTERIOR ELEVATION11/8" = 1'-0"SOUTH EXTERIOR ELEVATION21/8" = 1'-0"WEST EXTERIOR ELEVATION31/8" = 1'-0"EAST EXTERIOR ELEVATION41" = 1'-0"NO ALCOHOLIC BEVERAGE SIGN61" = 1'-0"NO LOITERING SIGN7
(E) DOOR TO REMAIN, ON-GRADE(E) ROLL-UP DOOR TO BE REMOVED, INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) DOOR TO BE REMOVED, INFILL AND PATCH WALL, MATCH ADJACENT.(E) DOORS TO REMAIN(E) TRASH CHUTE OPENING TO BE REMOVED INFILL & PATCH WALL OPENING, MATCH ADJACENT.(E) ROOF ACCESS LADDER TO BE RELOCATED12345COKEGOIPEPSIGOICOKETYP3'-3"51"4-Tr51"4-Tr51"4-Tr51"4-Tr51"4-Tr51"4-TrICE CASE12' B & W CASEBACK OFFICE104 SQ. FT.FRONT OFFICE143 SQ. FT.WINE WINE WINE WINE WINEWINE TABLE WINE TABLE7'-0"5'-10"21 FT SEASONAL48" 48" 36" 36" 36" 48"PROD EUROPROD EUROFISHMEAT PRODBUNKERS5'-0"TYP4'-0"3'-2"5'-6"BARGAIN
PROMO
BARGAIN
PROMO
BARGAIN
PROMO
84"84"84"ADA CARTFLORAL FLORAL9'-0"11'-0"8'-7"4'-6"BORRAY BINBORRAY BINBORRAY BINSODA / WATER / PET72X30 UPRIGHTSWINE4'-8"102"102"102"42"X72"(2) TIERBARGAIN PROMO84"4'-0"4'-9"3'-10"102"102"9'-0"BREAK AREA179 SQ. FT.UNISEX63 SQ. FT.UNISEX63 SQ. FT.HALLWAY 93 SQ. FT.1'-1"9'-0"9'-2"12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE12 FT PRODUCE 12 FT PRODUCE12 FT SALAD 12 FT MEAT2'-3"6'-7"BAKERY TABLEBANANA TREENEW WALL OPENING TO ACCOMODATE NEW LOADING DOOR (9'-0"W X 10'-0"H)ON-GRADEAHU (SUSPENDED)102"2- Tr102"2- Tr102"2- Tr72"1- TrDAIRY COOLER585 SQ. FT.(10 DOORS)102"1- Tr102"1- Tr102"2- Tr102"2- Tr102"2- TrFREEZER 360 SQ. FT.MEAT COOLER 212 SQ. FT.102"1- Tr102"1- TrMEAT SCALEWINEEXISTING ELECTRICAL ROOM 104 SQ.FT.(E) ELECTRICAL EQUIP. ROOM 26 SQ.FT.1234ABCDE35'-10" 34'-8" 33'-2" 34'-4"138'-0"33'-0" 36'-0" 36'-0"9'-1"PROD SLANT RACKS7'-0"9'-7"8'-0"BALERCHARGING STATIONS & EYEWASHSTOCK 1,579 SQ. FT.SALES 10,052 SQ. FT.12'-0"MERCHANDISING CREEPS(N) CART CORRAL BY GOEXISTING SIDEWALK(E) FLUSH CURB TO REMAIN7'-0"7'-0"124678(E) FLOOR DRAIN TO BE REMOVED, CAP (E) LINE AS REQUIRED(E) SINK TO BE REMOVED, CAP (E) LINE AS REQUIRED9'-0"PROPOSED CONCRETE PAD EXTENSIONBALE STORAGE 136 SQ. FT.NEW EXIT DOOR, ON-GRADE(CONFIRM WITH GO IF THIS IS REQUIRED)13'-3"8'-2"EXISTING SIDEWALK(2) WAY DRIVE AISLE(E) WATER HEATER TO BE REMOVED(E) SPRINKLER RISER TO REMAIN(E) SOFFIT TO BE REMOVEDSLOPE DOWN (E) TRASH ENCLOSURE 113 SQ. FT.PROPOSED HOSE BIB LOCATIONFIRE RISER ROOM 62 SQ. FT.(E) CHARGING STATION TO REMAIN(E) TRUNCATED DOMES SURFACE TO REMAIN(E) PHARMACY OVERHANG TO BE REMOVED INFILL AND PATCH WALL TO MATCH ADJACENT(E) OVERHANG TO REMAIN(E) OVERHANG TO REMAIN(E) OVERHANG TO REMAIN36"9'-0"BEER TABLE WINE TABLE5'-6"(E) PHARMACY PICK-UP WINDOW TO BE REMOVED INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) BOLLARDS TO BE REMOVEDNEW ROOF ACCESS LADDER BY GO72"36"36"5'-11"JANITOR'S/ EVAC72 SQ.FT.2'-0"NOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNEW EQUIPMENT PLATFORM ABOVE BY GO (FOOTPRINT SHOWN HATCHED); TOP OF PLATFORM @ 9'-6" AFF.NEW EQUIPMENT PLATFORM ACCESS LADDER BY GO4'-0"102"1- TrFRTIO LAY FRITO LAY7'-0"8'-6"10'-2"3(E) COLUMN TO REMAIN102" 102" 84" 84"BORRAY BINS42"X72"(2) TIER7'-0"7'-6"24"X60"24"X48"6'-0"7'-0"542"X72"(2) TIER102" 102"42"X72"(2) TIER84" 84"28"X48"GM GM GM GM GM GM GM GM6'-10"102" 102" 84" 84"42"X72"(2) TIER42"X72"(2) TIER24"X60"28"X48"6'-10"102"102" 102" 102"2 DRREACH-IN2 DRREACH-IN4 DR REACH-IN 5 DR REACH-IN5 DR REACH-IN6'-10"4 DR REACH-IN 5 DR REACH-IN5 DR REACH-IN2 DRREACH-IN102"102" 102" 102"2 DRREACH-IN12'-3"7'-0"102"102"102"102"102"102"72"72"42"X72"(2) TIER42"X72"(2) TIER7'-0"7'-1"7'-6"7'-10"8'-4"7'-9"5'-4"3'-2"2'-8"10'-8"105'-0"4'-5"2'-0"7'-0"2'-6"3'-0"36"5'-1"2'-9"8'-5"7'-0"5'-0"5'-0"7'-4"72"1- TrGROCERY OUTLET - STORE #XXXXARCADIA (LIVE OAK), CAFINAL VERSION #7 - 04/08/20BUILDING AREAS (GROSS)SALE 10,309 SQ.FT.B.O.H.UTILITES (RESTROOMS, OFFICES, HALLWAY & 832 SQ.FT.EMPLOYEE/ BREAK AREA)STOCK + RECEIVING + VOID 3,236 SQ.FT.SHELL 14,377 SQ.FT.BUILDING AREAS (NET)MERCHANDISING 10,052 SQ.FT.STOCK ROOM #1 & #2 &RECEIVING(EXCLUDING WALK-INS & 1,579 SQ.FT.JANITOR'S/ EVAC AREA)LEGENDSYMBOL DESCRIPTIONBUMPBRASS BELL (AT CHECKSTAND #1)ECO BAG GRIDS (3 PER PLAN)ABS BROOM HOLDERS (4 PER PLAN AT CLEANER AISLE)APPAREL RACKS (PROMOTIONAL EVENTS)BUMP OUT SECTIONS (12 @ HBC - PER PLAN)SECURITY CAMERA (SINGLE DIRECTION)SECURITY CAMERA (360 DEGREE)GENERAL MERCH HBC PERIMETERSEASONAL CANDY PERIMETERINT. SIGNAGE WINE PERIMETERALCOHOL SALES HOLDING BOXESBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 24"SAHARA COLORBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 20"SAHARA COLORBO LIGHTING @ 14'-0"BASE DECKS 24"SHELVES 20"BLACK COLORBEER & WINEALLOCATED FLOOR AREA: 395 SFRATIO TOTOTAL SALES FLOOR: 3.9%FREEZER: 360 SFDAIRY: 585 SFMEAT: 212 SFREFRIGERATION SYSTEMTRADITIONALPROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m4/17/2020 8:43:10 AMFIXTFIXTURE PLANMERCH. LABELS140 LIVE OAK AVEARCADIA, CA 91006AuthorChecker54367XXX),1$/904/17/20 FOR CUP EXHIBITPLAN NORTHTRUE NORTHSPIRITSSPIRITS
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 20-08 - Conditional Use Permit with a Categorical
Exemption under the California Quality Act ("CEQA") Section
15301(a) to allow the sale of beer, wine, and distilled spirits for
off-site consumption at 140 E. Live Oak Avenue.
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):
140 E. Live Oak Avenue
(cross streets: E. Live Oak Avenue and Tyler Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Grocery Outlet
(2) Address 26023 Jefferson Ave., Suite D
Murrieta CA 92562
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:
June 25, 2020
Staff:
Christine Song, Associate Planner
DATE: July 14, 2020
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Luis Torrico, Senior Planner
SUBJECT: RESOLUTION NO. 2061 – APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. CUP 11-11 WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) TO ADD WHISKY TO THE EXISTING WINE TASTING
ROOM, AND EXPAND THE HOURS OF OPERATION AT 16 N. 1ST
AVENUE
Recommendation: Adopt Resolution No. 2061
SUMMARY
The Applicant and business owner, Lenore Jiao, is requesting approval to amend
Conditional Use Permit No. CUP 11-11 to add whisky to the existing wine tasting room
(dba: N16 Cellars) and expand the hours of operation from 1:00 p.m. to 11:00 a.m., to
11:00 a.m. to 11:00 p.m., daily at 16 N. 1st Avenue. It is recommended that the Planning
Commission adopt Resolution No. 2061 (Attachment No. 1) and find that the project is
Categorically Exempt under CEQA and approve the Amendment to Conditional Use
Permit No. CUP 11-11, subject to the conditions listed in this staff report.
BACKGROUND
The subject property is approximately 7,322 square feet in lot area and is developed with
an existing 4,900 square foot two-story commercial building comprised of two commercial
units on the ground floor totaling 3,900 square feet, and a 1,000 square foot residential
unit on the second floor (see Figure 1). The wine tasting room occupies one of the two
units on the ground floor. The property is zoned Central Business District (CBD) with a
General Plan Land Use Designation of Downtown Mixed Use - refer to Attachment No. 2
for an Aerial Photo with Zoning Information and Photos of the subject property. The
property is surrounded by commercial uses to the south, east, and west. The uses to the
north, across the alley, are also commercial use, but the properties are zoned Downtown
Mixed Use (DMU).
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 2 of 9
In 2011, the Planning Commission approved Conditional Use Permit No. CUP 11-11 for
a wine tasting room with retail sales (refer to Attachment No. 4 - the September 13, 2011
Planning Commission Staff Report). The use was approved with a parking modification,
but no changes will occur to the parking since the use will remain the same.
For nearly a decade, the former owner never opened his business to the public, even
though the business license was active this entire time. Then in late 2019, the business
was sold to Ms. Jiao, who took over in January 2020 and has since opened the tasting
room to the public. Staff did visit the site on a regular basis prior to COVID-19, to ensure
that the business was in full operation. Although the owner cannot open her business
during this time, she would like to expand the tasting room to serve whisky along with
wine.
PROPOSAL
The Applicant is requesting approval to add whisky to the existing wine tasting room to
offer a couple of options to her patrons and increase sales. The current business operates
with a Type 42 license from the California Department of Alcoholic Beverage Control
(ABC), which limits the business to wine tastings and specialty retail sales of wine. The
existing ABC license will be replaced with a Type 48 license to allow the sale of both,
wine and whisky. The new ABC license will continue to allow the sale of wine bottles for
off-site consumption. The Applicant would also like to open the business two hours earlier
at 11:00 a.m. rather than 1:00 p.m. until 11:00 p.m. The existing CUP currently limits the
hours of operation from 1:00 p.m. to 11:00 p.m., daily.
Figure 1 - Aerial of subject site
Huntington Dr. N. 1st Ave. Alley
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 3 of 9
Figure 2 – Photos of the Interior
As previously conditioned, the business will not sell any other types of distilled alcohol,
nor will it provide live music or entertainment. No changes to the existing site plan or floor
plan (refer to Attachment No. 3) are proposed. For interior photos of the business refer to
Figure 2 below. The business has a total of three (3) employees, one (1) full time and two
(2) part time employees.
ANALYSIS
A wine and whisky tasting room use is an allowed use in the Central Business District
(CBD) subject to a Conditional Use Permit. In this case, since the Applicant is adding
whisky to the existing tasting room it is considered an Amendment to the original CUP.
The Type 48 ABC license authorizes the sale of beer, wine and distilled spirits for on-site
consumption, and the sale of beer and wine for off-site consumption, however, this CUP
will limit it to wine and whisky. A condition of approval to this effect has been proposed.
Since the business was taken over by the current owner, the business has been open to
the public. In an effort to bring in additional clientele and provide additional services, the
current owner is proposing to add whisky to their tastings and extend their business hours.
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 4 of 9
The amendment will not significantly change the business operation and it will still be
compatible with the other businesses in the area such as Vendome Wine & Spirits, and
The Tap Lounge located at 57 Wheeler Avenue, which was recently approved by the
Planning Commission. The proposed hours of operation are from 11:00 a.m. to 11:00
p.m., daily, which will be compatible with the other restaurants, bars, and microbrewery
in the Downtown area that typically close at midnight. The existing business has an
existing alarm and surveillance camera system that provides an added safety measure.
While the current COVID-19 restrictions do not allow the tasting room to be open, the
Applicant is hoping to have this approved before the L.A. County health order is lifted.
With regards to public safety issues, the Fire Department, Police Department, and
Building Services have reviewed the Amendment to the CUP and no objections or
concerns were raised by any of the departments for the proposed request.
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 an Amendment to CUP 11-11 is
compatible with the General Plan and it will not adversely impact the objectives of the
General Plan since the existing use will remain the same, and adding whisky to the
tasting room and changing their hours of operation to open earlier will not change the
overall use. It was determined back in 2011, when the tasting room was approved,
that the use was consistent with the General Plan, and it continues to be consistent
since the business will help bring vitality and nightlife to the downtown area. Therefore,
the Amendment to the CUP is consistent with General Plan and the following policy:
Land Use and Community Design Element
x 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.
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 Central Business District
(CBD). Arcadia Development Code Section 9102.05.020, Table 2-10, allows tasting
rooms in the CBD zone subject to the approval of a Conditional Use Permit. The
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 5 of 9
amendment to the current CUP to add whisky and expand the operating hours will
continue to be the same use that was previously approved. The existing use was
determined to have sufficient parking on-site as the patrons can either park in the rear
parking lot or in one of the two public parking lots. Therefore, the proposed use
complies with the applicable provisions of the Development Code and 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 wine tasting room is located within an
existing commercial unit on the ground floor of a commercial building. The proposed
amendment would allow the current business owner to expand their existing tasting
room by including whisky to their tastings, which will provide additional opportunities
to their business and within the Downtown area. The amendment would also expand
the hours of operation from 1:00 p.m. to 11:00 p.m., to 11:00 a.m. to 11:00 p.m., which
will be similar to other bars, pubs, and restaurants hours of operation in the Downtown
area. The existing business has an existing alarm and surveillance camera system
which will continue to provide an added safety measure. Therefore, the proposed
changes will not alter the characteristics of the business and it will still be compatible
with the surrounding uses.
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 tasting room occupies an existing
1,700 square foot ground floor commercial unit within an existing commercial
building. Adequate parking, as determined by a parking study and parking
modification, is provided for all uses on the subject site, including the tasting
room. The amendment to the CUP to include whisky as part of their tastings
and expanding their hours of operation will not intensify the parking demand;
therefore, Staff does not have any concerns with parking.
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 property is located along N. 1st Avenue,
just north of E. Huntington Drive. Access to the site is provided from N. 1st
Avenue and the alley north of the site. Both N. 1 st Avenue and E. Huntington
Drive are adequate in width and pavement type to carry the traffic generated
by the proposed expansion and emergency vehicles. Therefore, the proposed
amendment to CUP 11-11 will not impact these rights-of-way.
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 6 of 9
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The existing tasting room is located within an
existing commercial building. Conditions of approval have been included to
ensure the expansion to the tasting room will be operated in a safe manner,
and not impact public protection service. The request has been reviewed by
the Fire Department and Police Department, and neither department raised
concerns. 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 subject property is developed with an
existing commercial building, which is adequately serviced by existing utilities.
The amendment to the CUP 11-11 does not include new construction that will
impact provision of utilities, nor will the tasting room 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 proposed amendment to CUP 11-11 to
expand an existing wine tasting room by including whisky and expanding the hours
of operation will not be detrimental to the public health or welfare, or the
surrounding properties. The size and nature of the operations of the use will not
negatively affect the existing uses in the commercial building, or the surrounding
businesses and properties. A condition of approval has been placed on the Project
to not allow the sale of beer for on-site and off-site consumption, which is
compatible with the previously approved CUP. In addition, the tasting room will be
required to comply with the California Department of Alcoholic Beverage Control
(“ABC”) regulations. Therefore, no impacts a re anticipated from the proposed
amendment to CUP 11-11.
ENVIRONMENTAL ANALYSIS
It has been determined that the project qualifies as a Class 1 Categorical Exemption per
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No.
5).
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 7 of 9
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 July 2,
2020. As of July 10, 2020, staff has not received any comments or concerns from the public.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2061 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve an amendment to Conditional Use Permit No. CUP 11-11 subject
to the following conditions of approval:
1. The original conditions that was approved under CUP 11-11 shall remain in effect,
with the exceptions of the conditions below that amends the original approval.
2. Alcoholic beverage service shall be limited to wine and whisky and shall only be
served during the approved hours of operation. No sales, service, and on-site
consumption of wine and whisky are permitted outside of interior walls of this unit.
Alcoholic beverages shall not be served in disposable containers.
3. The business hours shall be limited to 11:00 a.m. to 11:00 p.m., daily. Any
modifications to the hours of operations shall be reviewed and approved by the
Planning & Community Development Administrator.
4. The existing alarm and surveillance camera system shall remain operational as
part of the business. Any changes to the system shall be subject to review and
approval by the Planning and Community Development Administrator, or
designee.
5. There shall be no excessive loitering in front of the business.
6. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
7. 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
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 8 of 9
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 be subject to building permits.
8. Noncompliance with the plans, provisions and conditions of approval for the
amendment of CUP 11-11 shall be grounds for immediate suspension or
revocation of any approvals, which could result in the closing of the business.
9. The Applicant/Property Owner 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.
10. Approval of the amendment of CUP 11-11 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 the amendment of Conditional Use Permit No. CUP 11-11,
stating that the proposal satisfies the requisite findings, and adopt the attached Resolution
No. 2061 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 the amendment to Conditional Use Permit No. CUP 11-11; state the
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 9 of 9
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 July 14, 2020, hearing, please contact Senior Planner
Luis Torrico at (626) 574-5442, or ltorrico@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2061
Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property
Attachment No. 3: Site Plan/Floor Plan
Attachment No. 4: September 13, 2011 Planning Commission Staff Report &
Attachments
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2061
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
Yes
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
CBD
Number of Units:
C 1.0
Property Characteristics
1949
5,445
0
CHENOWETH,WILLIAM M
Site Address:16 N 1ST AVE
Parcel Number: 5773-010-004
N/A
Zoning:
General Plan:
Yes
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
Yes
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
N/A
Special Height Overlay:
Yes
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 06-Jul-2020
Page 1 of 1
16 N. 1st Avenue
Attachment No. 3
Attachment No. 3
Site Plan / Floor Plan
Attachment No. 4
Attachment No. 4
September 13, 2011 Planning Commission
Staff Report & Attachments
Attachment No. 5
Attachment No. 5
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: An amendment to Conditional Use Permit No. CUP 11-11 to
allow the existing wine tasting room (dba: N16 Cellars) to serve
whisky and wine since the CUP currently limits the tasting room
to wine only at 16 N. 1st Avenue. The Applicant is also
requesting a change in their business hours from 1:00 p.m. to
11:00 a.m., to 11:00 a.m. to 11:00 p.m., daily. with a
Categorical Exemption under the California Environmental
Quality Act (“CEQA”)
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):
16 N. 1st Avenue (E. Huntington Dr. & N. 1st Ave.)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Lenore Jiao, Applicant
(2) Address 16 N. 1st Avenue
Arcadia, CA 91006
4.Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of thi s 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:
July 14, 2020
Staff:
Luis Torrico, Senior Planner
DATE: July 14, 2020
TO: Honorable Chair and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Vanessa Quiroz, Associate Planner
SUBJECT: RESOLUTION NO. 2060 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 20-04 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 RESTAURANT (DBA: LET’S GO KEBAB) AT 643 W. DUARTE
ROAD, UNIT B WITHIN THE ARCADIA CENTER
Recommendation: Adopt Resolution No. 2060
SUMMARY
The Applicant, Duo Zhang, is requesting approval of Conditional Use Permit No. CUP 20-
04 to allow the sale of beer and wine (Type 41) for on-site consumption within an existing
restaurant (dba: Let’s Go Kebab) at 643 W. Duarte Road, Unit B, in the Arcadia Center.
The project has been found to be a Class 1 Categorical Exemption under the California
Environmental Quality Act (CEQA) as the use is within an existing building. It is
recommended that the Planning Commission adopt Resolution No. 2060 (Attachment No.
1) and find that the project is Categorically Exempt under CEQA and approve CUP 20-
04, subject to the conditions listed in this staff report.
BACKGROUND
Let’s Go Kebab, a Chinese skewer restaurant, has been in operation at the Arcadia
Center since August of 2019 and currently occupies one of the units within the east side
of the center. The restaurant is 1,272 square feet in size and has a total of 42 seats. The
restaurant at full operation has up-to six (6) employees and operates from 10:00 a.m. –
10:30 p.m., seven days a week. However, due to the Covid-19 pandemic, the restaurant
operates from 5:30 p.m. to 10:30 p.m., seven days a week with take-out services only at
this time.
Resolution No. 2060 - CUP 20-04
643 W. Duarte Road, Unit B
July 14, 2020
Page 2 of 7
The Arcadia Center is approximately
110,932 square feet (2.25 acres).
The center has 20 units of which
consist of several restaurants, retail
stores, Cathay Bank, an optometrist
office, a pharmacy, and Arcadia
Supermarket. The site has access off
of W. Duarte Road and Arcadia
Avenue to the rear with 213 parking
spaces. The site is zoned C-G,
General Commercial and the Land
Use Designation is Commercial –
refer to Attachment No. 2 for an
Aerial Photo with Zoning Information
and Photos of the subject property
and surrounding properties and
Figure No. 1 on the right for an aerial
view of the Arcadia Center. The
property is surrounded by
commercial properties to the west
and south and with multi-family residentially zoned properties to the north and east.
PROPOSAL/ANALYSIS
The Applicant is requesting a Conditional Use Permit to allow the sale of on-site
consumption of beer and wine within their existing restaurant a Type 41 license from the
California Department of Alcoholic Beverage Control (ABC) - see Attachment No. 3 for
the Site Plan and Floor Plan and Figure No. 2 below for the existing floor plan. No interior
renovations are proposed with this application.
N
Figure 2: Existing Floor Plan
Figure No. 1: Aerial view of the Arcadia Center
N
Unit B Unit B
Resolution No. 2060 - CUP 20-04
643 W. Duarte Road, Unit B
July 14, 2020
Page 3 of 7
The Arcadia Center has eight (8) restaurants and one other restaurant, Chang’s Garden,
offers alcoholic beverages for on-site consumption through an approved Conditional Use
Permit. With the added service, the restaurant will continue to be compatible use at this
center. The application was reviewed by the Arcadia Police Department, and no concerns
were raised with the current operator. Parking for the existing restaurant will remain the
same as the use is not changing.
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 is consistent with the Commercial Land Use Designation of the site and
it will not adversely impact the objectives of the General Plan. The Commercial
designation is intended to permit a wide range of commercial uses, which serve both
neighborhood and citywide markets. The existing restaurant with alcoholic beverage
service will provide the general public with food and beverage opportunities, and the
restaurant will continue to 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 existing restaurant, which is the primary use and it will
complement the other uses and restaurants within this commercial center (referred to
as the Arcadia Center) as well as the other commercial uses along the W. 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 subject property is zoned C-G, Commercial-
General. Arcadia Development Code Section 9102.03.020, Table 2-8, allows alcoholic
beverage services within an existing restaurant with an approved Conditional Use
Permit. The primary restaurant use will remain the same. The sale of beer and wine
will be an ancillary use to the existing restaurant. As such, the amount of parking
required will remain the same and the new ancillary use will not impact the parking of
the commercial center. The use is compatible with one other restaurant at the
commercial center that also offers alcoholic beverage services. The proposal complies
with all other applicable provisions of the Development Code and the Municipal Code.
Resolution No. 2060 - CUP 20-04
643 W. Duarte Road, Unit B
July 14, 2020
Page 4 of 7
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 occupies a tenant space
within an existing multi-tenant commercial center. The restaurant has been in
operation at the subject site since August of 2019. The project is the addition of an
ancillary use of alcoholic beverage service to an existing restaurant business. The
restaurant will operate in a similar manner as other existing restaurant at this center
and throughout the City. The proposal does not include interior and exterior changes
to the existing business. The required parking for the use will remain the same. The
Arcadia Center will continue to adequately accommodate the existing restaurant
business and the other existing tenants. The restaurant will continue to 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).
Therefore, the proposal is 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 restaurant will continue to occupy an
existing 1,272 square foot tenant space located in the Arcadia Center. The site
will continue to accommodate the size and operating characteristics of the
business. No additional parking is required as a result of the new ancillary
service. Therefore, the site is physically suitable for the restaurant with
alcoholic beverage services and the new use 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 Duarte Road
with access from West Duarte Road and Arcadia Avenue. These streets are
adequate in width and pavement type to carry the traffic generated by the
proposed restaurant and the other uses that occupy the site as well as any
emergency services that may need to access the site. The proposed use will
not impact these rights-of-way.
Resolution No. 2060 - CUP 20-04
643 W. Duarte Road, Unit B
July 14, 2020
Page 5 of 7
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The subject property is developed with a
multi-tenant commercial center that complies with current safety requirements.
The application was reviewed by the Arcadia Police Department, and the
Arcadia Police Department did not have any objections or concerns with the
proposed use. Thus, 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.).
Facts to Support This Finding: The subject property is developed with a
multi-tenant commercial center. There are adequate utilities to service this site.
The site and building are in compliance with current health and safety
requirements. The proposed use will not impact the existing infrastructure as
the site is capable of handling this type of demand. 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 is to allow an ancillary service to an
existing restaurant that has operated at the site since 2019. The sale of beer and wine
for on-site consumption is consistent with another existing restaurant at the Arcadia
Center. The sale and consumption of beer and wine will be done in a manner that is
safe for customers of the restaurant and that 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 be required to be in compliance with
the California Department of Alcoholic Beverage Control (“ABC”) regulations. The
Arcadia Police Department reviewed the application and did not have any concerns
with the alcoholic beverage service. Therefore, the proposed use will not adversely
affect the public convenience, health, interest, safety, or general welfare of adjacent
uses in the vicinity and zone of the subject property.
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.
Resolution No. 2060 - CUP 20-04
643 W. Duarte Road, Unit B
July 14, 2020
Page 6 of 7
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 July 2,
2020. As of July 10, 2020 staff has not received any comments from the public.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2060 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve Conditional Use Permit No. CUP 20-04 subject to the following
conditions of approval:
1. The business shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and approved for Conditional Use Permit No.
CUP 20-04.
2. The sale of beer and wine shall be limited to Type 41 License from the California
Department of Alcoholic Beverage Control and shall be limited to on-site
consumption only.
3. 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.
4. Noncompliance with the plans, provisions and conditions of approval for CUP 20-
04 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the restaurant.
5. The Property Owner/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
Resolution No. 2060 - CUP 20-04
643 W. Duarte Road, Unit B
July 14, 2020
Page 7 of 7
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.
6. Approval of CUP 20-04 shall not be in effect unless the Property Owner and
Applicant have executed and filed the Acceptance Form with the City on or before
30 calendar days after the Planning Commission has adopted the Resolution. The
Acceptance Form to the Development Services Department is to indicate
awareness and acceptance of the 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 20-04, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 2060 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 20-04; 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 July 14, 2020, hearing, please contact Associate
Planner, Vanessa Quiroz at (626) 574-5422, or vquiroz@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2060
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
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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
1959
6,100
0
KJR EASTERN ENTERPRISES INC AND LINYAN HOLDINGS LLC C/O IIBC PROPERTY
MANAGEMENT
Site Address:635 W DUARTE RD
Parcel Number: 5778-007-012
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:
H-4
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 28-Jun-2020
Page 1 of 2
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 28-Jun-2020
Page 2 of 2
Subject Restaurant (dba: Let’s Go Kebab)
Supermarket at the Arcadia Center
East building of the Arcadia Center
West building of the Arcadia Center
Parking lot at the rear of the Arcadia Center
Parking lot in the front area of the Arcadia Center
Commercial Center to the west
Commercial property to the west
Commercial property across the street
Commercial property across the street
Commercial property across the street
Commercial property across the street
Commercial property across the street
Commercial property across the street
Commercial property across the street
Commercial property the east
Retirement facility to the east
Commercial property to the east
Retirement facility to the east
Multi-family property to the east
Commercial property to the rear
Multi-family property to the rear
Multi-family property to the rear
Multi-family property to the rear
Multi-family property to the rear
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Existing Site PlanScale: 1/32"=1'-0"Job No.Sheet No.Plot DateScaleJob Begin1/18/202012REVISIONS:178 LADERA STREETMONTEREY PARK, CA 91754 Tel: (626) 476-0518EMAIL: TIANMUS@GMAIL.COMInterior Design, Inc.34LET'S GO KEBAB RESTAURANTRestroom Remodel643 DUARTE ROAD, UNIT #BARCADIA, CA 910071/20/2020HEALTH DEPT CORRECTIONBUILDING DEPT CORRECTION1324Store unit numbers.PROJECT SUMMARYLANDLORD:KJR EASTERN ENTERPRISES, INC.ARCADIA CENTER159 E. HUNTINGTON DR., #7ARCADIA, CA 91006TENANT / APPLICANT:LET'S GO KEBAB RESTAURANT643 W DUARTE RD, UNIT BARCADIA, CA 91006YAN ZHEN WUTEL: (626)632-8761 OCCUPANCY GROUP: BTYPE OF CONSTRUCTION: TYPE V-SPRINKLER (EXISTING) EXISTING USE: RESTAURANT BUILDING INFORMATION :BUILDING NUMBER OF STORIES: ONE FLOOR AREA: 1,272 SQ.FT. GENERAL INFORMATION:PROPOSEDJOB SITEFloor PlanScale: 1/4"=1'-0"
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Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 20-0 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 within an existing restaurant (dba: Let’s Go
Kebab)
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):
643 W. Duarte Rd, Unit B – The business is located at the
Arcadia center on the North side of W. Duarte Road, between S.
Baldwin Avenue and Lovell Avenue.
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Duo Zhang
(2) Address 643 W. Duarte Rd, Unit B
Arcadia, CA 91007
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:
June 30, 2020
Staff:
Vanessa Quiroz, Associate Planner