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HomeMy WebLinkAbout2060RESOLUTION NO. 2060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 20-04 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITYACT (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 WHEREAS, on February 21, 2020, an application for Conditional Use Permit No. CUP 20-04 was filed by the business owner ("Applicant") to allow the sale of beer and wine (ABC Type 41) for on-site consumption within an existing restaurant (dba: Let's Go Kebab) at 643 W. Duarte Road, Unit B (the "Project"); and WHEREAS, on June 30, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and recommends that the Planning Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on July 14, 2020, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated July 14, 2020 are true and correct. 1 SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the 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 uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The 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 2 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. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The existing restaurant 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 to the 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, 3 parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: 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; FACT: 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. C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: 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.). 0 FACT: 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. FACT: 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. 5 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 20-04 to allow the sale of beer and wine (ABC Type 41) for on-site consumption within an existing restaurant (dba: Let's Go Kebab) at 643 W. Duarte Road, Unit B, subject to the conditions of approval attached hereto. L SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of July, 2020. ATTEST: r' I, A, Lisa L. FI res Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 7 Deborah Lewis Chair, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2060 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 14th day of July, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, Vice Chair Wilander, and Commissioners Chan, Lin, and Thompson NOES: None ABSENT: None (,)j Lisa L. Flor Secretary ofhe Planning Commission RESOLUTION NO. 2060 Conditions of Approval 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 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.