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