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HomeMy WebLinkAboutPlanning Commission Agenda Item No. 5 CUP 20-04 643 W. Duarte Road, Unit BDATE: 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 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 fence s, 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 th e 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 Commissio n 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 Attachment No. 1 Resolution No. 2060 Attachment No. 1 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and the Surrounding Properties Attachment No. 2 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 Attachment No. 3 Floor Plan and Site Plan Attachment No. 3 Existing Site Plan Scale: 1/32"=1'-0" Job No. Sheet No. Plot Date Scale Job Begin 1/18/2020 1 2 REVISIONS: 178 LADERA STREET MONTEREY PARK, CA 91754 Tel: (626) 476-0518 EMAIL: TIANMUS@GMAIL.COM Interior Design, Inc. 3 4 LET'S GO KEBAB RESTAURANTRestroom Remodel643 DUARTE ROAD, UNIT #BARCADIA, CA 910071/20/2020 HEALTH DEPT CORRECTION BUILDING DEPT CORRECTION 1 3 2 4 Store unit numbers. PROJECT SUMMARY LANDLORD: KJR EASTERN ENTERPRISES, INC. ARCADIA CENTER 159 E. HUNTINGTON DR., #7 ARCADIA, CA 91006 TENANT / APPLICANT: LET'S GO KEBAB RESTAURANT 643 W DUARTE RD, UNIT B ARCADIA, CA 91006 YAN ZHEN WU TEL: (626)632-8761 OCCUPANCY GROUP: B TYPE OF CONSTRUCTION: TYPE V-SPRINKLER (EXISTING) EXISTING USE: RESTAURANT BUILDING INFORMATION : BUILDING NUMBER OF STORIES: ONE FLOOR AREA: 1,272 SQ.FT. GENERAL INFORMATION: PROPOSED JOB SITE Floor Plan Scale: 1/4"=1'-0" Attachment No. 4 Preliminary Exemption Assessment Attachment No. 4 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