The URL can be used to link to this page

Home My WebLink About01-13-09 (I AGENDA ARCADIA PLANNING COMMISSION Tuesday, January 13, 2009, 7:00 P.M. Arcadia Qty Council Chambers PLEDGE OF ALLEGIANCE ROLLCALL MOTION: To read the Resolutions by title only and waive reading the full text of the Resolutions. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR mOSE IN mE AUDIENCE WHO WISH TO ADDRESS mE PLANNING COMMISSION ON NON-PUBLIC HEARING ITEMS - 5 minute time limit per person. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may he limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. CUP 08-18 420 E. Huntington Drive George Tamayo (Representative of property owner, Automobile Club of Southern California) The applicant is requesting a Conditional Use Permit to allow driver safety classes with a maximum of 18 students in the conference room of an existing general office use (dba Automobile Club of Southern California). RECOMMENDATION: Approval A Resolution reflecting the decision of the Planning Commission will be presentedfor adoption at the next Commission meeting. There is afive working day appeal period after the adoption of the Resolution. DISCUSSION ITEM 2. CONDITIONAL USE PlRMIT NO. CUP 08-15 921 S. Baldwin Avenue, Units G & H Terence Kwok (Architect) The applicant is requesting a Conditional Use Permit and parking modification to expand an existing eating establishment into an adjacent unit for a combined floor area of 1,971 square feet with seating for 40 patrons. This item was originally reviewed by the Commission at the December 9, 2008 meeting. At that time a decision was made to continue the item to the January 27 meeting. The applicant is now requesting a review of this item at this meeting. CONSENT ITEMS 3. RESOLUTION NO. 1786 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 08-16 and Architectural Design Review No. ADR 08-25 for an existing restaurant (The Patio Mediterranean Cuisine) to add a patio cover to an existing deck, and to expand the live entertainment, including music and dancing. to the second floor at 21 E. Huntington Drive. RECOMMENDATION: Adopt Any writings or docwnents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423. PC AGENDA 1-13-09 4. RESOLUTION NO. 1787 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 08-17 to amend Condition No. 3A regarding a parking restriction of a previously approved Conditional Use Permit (CUP 03-06lResolution No. 1694) for a 3,300 square-foot restaurant with beer and wine service and a dining capacity of 60 people at 1038-1088 South Baldwin Avenue. RECOMMENDATION: Adopt 5. MINUTES OF DECEMBER 9, 2008 RECOMMENDATION: Approve MATTERS FROM CITY COUNCIL & PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF & UPCOMING AGENDA ITEMS ADJOURNMENT An~ writings or d?c~ents.pro?ded to a ~jority ~fthe Planning ~ommission members regarding any item on this agenda will be made aVaIlable for public mspection m the Plannmg ServIceS office at CIty Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423. PC AGENDA 1-13-09 PLANNING COMMISSION Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Public Hearin2 Procedure 1. The public hearing is opened by the Chairman of the Planning Commission 2. The Planning report is presented by staff 3. Commissioners' questions relating to the Planning report may be answered at this time. 4. The applicant is afforded the opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission (LIMITED TO 5 MINUTES). 6. Those in opposition to the proposal are afforded the opportunity to address the Commission (LIMITED TO 5 MINUTES). 7. The applicant may be afforded the opportunity for a brief rebuttal (LIMnED TO 5 MINUTES). 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then acts on the prpPOsal and either approves, approves with conditions or modifications, denies the application, or continues it to a certain date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. (There is a five working day appeal period after the adoption of the resolution). 12. Following the Commission's action on Modifications and Design Reviews, there is a five working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's considerntion at a scheduled public hearing. 14. Following the Commission's action on Tentative Trnct Maps and Tentative Parcel Maps (subdivisions) there is a ten calendar day appeal period. Any \\Titings or docwnents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423. PC AGENDA 1-13-09 STAFF REPORT Developnlent Services Department January 13, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 08-18 to allow driver safety classes with a maximum of 18 students in the conference room of an existing general office (dba: Automobile Club of Southern California) at 420 E. Huntington Drive. SUMMARY Mr. George Tamayo of the Automobile Club of Southern California submitted application no. CUP 08-18 to conduct driver safety classes at the existing general office building at 420 E. Huntington Drive. It is staff's opinion that the proposed use is appropriate for the site and would not have any negative impacts upon the neighboring properties. The Development Services Department is recommending approval of the application subject to the conditions in this staff report. GENERAL INFORMATION APPLICANT: Mr. George Tamayo (Representative of the Automobile Club of Southern California) LOCATION: 420 E. Huntington Drive REQUEST: A Conditional Use Permit to allow driver safety classes with a maximum of 18 students in the conference room of an existing general office use (dba: Automobile Club of Southern California). SITE AREA: 9.1 acres -, FRONTAGES: 874 feet along E. Huntington Drive 426.5 feet along S. Fifth Avenue EXISTING LAND USE & ZONING: The site (Arcadia Gateway Centre) is developed with the following uses: . A 48,500 sq.ft., two-story medical office building . A 67,000 sq.ft., four-story office building . A 25,200 sq.ft. three-story office building (subject building) . A 26,900 sq.ft. one-story multi-tenant retail building . A 7,371 sq.ft. one-story restaurant (BJ's Pizza, Grill & Brewery) . A 9,200 sq.ft. two-story restaurant (Olive Garden) . A three-story parking structure with 237 spaces, in addition to 585 surface parking spaces. The property is zoned CPD-1 (Commercial Planned Development) and is located within the Central Redevelopment Project Area. SURROUNDING LAND USES & ZONING: No rt h : South & West: East: Hotels & restaurants - zoned CPD-1 Railroad right-of-way - unzoned 3-story office building - zoned CPD-1; & across Fifth Avenue are a self-storage facility and an office building in the City of Monrovia GENERAL PLAN DESIGNATION: Commercial - provides for the development of general commercial and professional offices. BACKGROUND The subject Automobile Club of Southern California office building is located in the Arcadia Gateway Centre, which was built in the late 1980s. The center has one (1) medical office building, two (2) general office buildings, two (2) freestanding restaurants, a multi-tenant retail building, a three-level parking structure with 237 spaces, and 585 surface parking spaces. At the time of construction, a parking modification of approximately 10% was granted based on the "shared-use" of the parking by the various tenants of the center. Subsequent parking modifications were granted for a dental office (MC 04-039) and for restaurants and eating establishments including Togos, Sesame Grill, Nirvana, Starbucks, and Olive Garden. The approvals were based upon the finding that they would secure an appropriate improvement and that there is adequate on-site parking on the subject property. ":<. CUP 08-18 January 13, 2009 Page 2 PROPOSAL AND ANALYSIS The proposal is for the Automobile Club of Southern California to conduct teen driver safety classes in a 493 square-foot conference room on the second floor of an existing 3-story, 25,200 square-foot general office building at 420 E. Huntington Drive. These classes are for teenagers who are in the process of obtaining a driver's license and the students are expected to be dropped off and picked up at the facility. A maximum of 18 students will be in class at anyone time. There will be two (2) classes each week, and class hours will be limited to 6:30 p.m. to 8:30 p.m., Monday through Thursday. A teen driver safety program is a permitted use in the CPD-1 zone with an approved conditional use permit. ParkinQ The subject site has a total of 822 on-site parking spaces, consisting of 585 surface parking spaces, and a parking structure with 237 spaces. These spaces are shared by 3 office buildings, 2 freestanding restaurants, and a multi-tenant retail building. By Code, a 493 square-foot learning center with only students of non-driving age is required to provide 1 space per employee plus 1 space for every 5 students. Under this regulation, the proposed teen driver safety program with 18 students and 1 instructor would be required to provide five (5) parking spaces. In comparison, two (2) spaces are required for 493 square feet of general office space (4 spaces per 1,000 sq.ft. of gross floor area). As a result, the proposed use increases the parking requirement by three (3) spaces. All of the existing uses at this center have a combined parking requirement of 1,130 spaces. Therefore, with 822 on-site parking spaces, the site has a parking deficiency of 308 spaces. With the additional three (3) spaces required for the proposed use, a total of 1,133 spaces are required. Approval of this proposal would result in an overall parking deficiency of 311 spaces. Although there is a significant parking deficiency based on code requirements, it is staff's opinion that the proposed use would not have an impact upon the neighboring uses. The classes are to be held twice a week between 6:30 p.m. to 8:30 p.m. on a weekday from Monday to Thursday, which is after the AAA office closes (5:00 p.m.) In addition, the classes are to be held in an existing conference room that has a maximum occupancy limit of 32 people, and since classes are to be limited to a maximum of 18 students, this proposal could lower the overall occupancy of the existing office use. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, emergency egress, occupancy limits, building safety, parking and site design shall be complied with to ':h CUP 08-18 January 13, 2009 Page 3 the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and City Engineer. CEQA This project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15322 of the CEQA Guidelines. This section exempts projects for educational or training programs involving no physical changes. The Development Services Department has prepared a preliminary exemption assessment to document this determination. FINDINGS Section 9275.1.2 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. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 08-18, subject to the following conditions: 1. There shall not be more than eighteen (18) students in class at anyone time for the teen driver safety classes. 2. The class hours shall be limited to 6:30 p.m. to 8:30 p.m., Monday through Thursday. -" CUP 08-18 January 13, 2009 Page 4 3. The use approved by CUP 08-18 is limited to the proposed teen driver safety program. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 08- 18. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 08-18 shall be grounds for immediate suspension or revocation of any approvals, which could result in the suspension of the teen driver safety classes. 5. Approval of CUP 08-18 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 08-18, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 08-18, state the finding(s) that the proposal does not satisfy, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision and specific findings. 'h CUP 08-18 January 13, 2009 Page 5 If any Planning Commissioner, or other interested part~ has any questions or comments regarding this matter prior to the January 13 public hearing, please contact Associate Planner, Thomas Li at (626) 574-5447. Approved by: Jim a Co unity Development Administrator Attachments: Aerial Photo with zoning information Plans Photos Preliminary Exemption Assessment "- CUP 08-18 January 13, 2009 Page 6 420 E. Huntington Drive CUP 08-18 ..' :~~..~~: SN:iHd:ilS ltnHJ.lIV lJUO'f'I'Wl' .J :. . .. ! 'I :. .. . ::~~ :.~:~ '11 :I 1 1 il n W HiM ~L... ...- ""-.rc.lA:l~ '" -- ...,. ,.~,' 7; ill'" --t U ~m ~ ~,~ 2~ ~ ~ ~ ~ I~ ~ 'v '~ ",,-. -un !~~a r~1H !~tH -'j't!~ lt~~i !ll-h e aU - 'r5i l ~u. i I 1 1 ! ' , f . _,~~,-----__J.__."~___ ~._ __~ ~_-'- -..,..- _L...../ .--.--- ~ '" ~ . :i, r ~ . !! ~ l .'~! ~ n! t ij~ . ~ ~ 1. a ! H ~ "'] 1ft · ~ ~J.I!lfgj~! Hii ~IHh~Li.l'!! ~ .1::;~il.tt!l:!lt, ,~ Ht'. .lhi1th . tHlt Jlq x ~'lt ill! i tt~ 'ih.~t!i -1-~1 ~.i~ ~ _Ullh~ih!ni nUUtlHU hiH~ii!i 1~ lit1! ::llI! ".t11 i -l~!~"l~ ~-t 1 i t'l !i~iali ~L;<'~~~ :i.t_.~.~(i'~ S!i!~ ~;:,i;t~:~~it i:~1i!_L ct.f:.~ _iit.I\_tti. ~~c:7U..""9'I~'V' : '~",loN ,,"'-.l<3r-<~ . "ii" '}c '36NI ' r<Y1<! -<l.\Jo/ E ~ ::0 Ji~ c ~( ~~ 1]) -~ ~-' if) .. -<t. u~ & ' " ~ ~ 1 ~ft flit Uitl ! ihi!bi~! ~l t;ilU)c~~inl ~Uiht~UIH ';i , ~ <= ~hHHh~ 1H'h; h,,~{~~~a1H l r~ I ~ i " . l ~ d II 1! 'ff. tl " F-i i ~ ~ ~ iltlli!ill!I~IIIit1irt{iitflilli l\ ,.' : .,' .J ....'l'~ r,,1-~, ~. ~f.h.~~_Hh;i'ih'ihtgh"-i.'lHhH '4 _. \> t 5' ., l ~ s- i iJ -\ ~h K'!~ ~~..L h'd H 4 ~i:liiilj!iltllllltiiliiiIlillil i~~j~a}!i~~'li~~~iii~ij~~ttI$~i~ It !tj iit fl tilJii l ill~ flll !~.... h i~l~ t~ d~!lt ~~ji tl iiri ~h,'. l!l.::~i. ~illi ~1 ii~t ur t11 ilhi ti~~ ~ itliSt}t ;l~ h~14iH S~hhU n! s = 1\ ~ :i ,.' , J i I If - liO t h' I I $ i fli ih hlilflH ~ lfI1;l' tl! ~ t t H II ~!<J 1t-1; t It i;~lt . f ~ t!~ n !~ HII'hl i U !~l;r:.! ~ ttH~ It lih I~h i tl t~lfth!~it ~ IU h ii hit Hi! ~ h U~n:lil ~ 1 1J 011 -.r- it: " ...=-, " ~ ~~ ! ~ : . .t ... CI! <[0 f-f0 ~t:: <[I::l uZ !yO <[~ V'l .. 1:1; ~tj . tl:;t i!!lil M m a ;::: o o ~ CJ) CI! 0 0 ....J u.. I::l Z 0 U W V'l ~~ <[ CI! 0 f-f 0 ~ ....J <[ u.. U I::l !Y z 0 <[ U :: w V'l, &? O!!l O. ....J~ u...li \!J ... M # V'l ~ <[ ....J U >- f- d U <I:W u..~ <[~ 8~ <[2 UW 'k:-;i <[~ .... View of the parking area in front of the subject building View of the parking area northeast of the subject building View of the subject building View of the parking area west of the subject building View of the parking area in front of the subject building " View of the parking area northeast of the subject building View of the adjacent office building to the east .."', View of the parking area northwest of the subject building PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination when attached to Notice of Exemption) 1. Name or description of project: CUP 08-18 2. Location: 420 E. Huntinaton Drive 3. Entity or person undertaking project: A. X B. Other (Private) (1) Name:Georae Tamayo of Automobile Club of Southern Calif. (2) Address: 3333 F airview Road - A 193 Costa Mesa. CA 92626 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. b. c. d. e. -L f. g. h. The proposed action does not constitute a project under CEQA. The project is a Ministerial Project. The project is an Emergency Project. The project constitutes a feasibility or planning study. The project is categorically exempt. Applicable Exemption Class: 22 The project is statutorily exempt. Applicable Exemption: The project is otherwise exempt on the following basis: The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: December 17. 2008 Thomas P. Li Staff 'h 7/02 MEMORANDUM Development Services Department January 13, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Steven Lee, Assistant Planner SUBJECT: Reconsideration of continuance of Conditional Use Permit Application No. CUP 08-15 and the related parking modification for a 1,971 square-foot restaurant with beer and wine service and seating for 40 patrons at 921 S. Baldwin Avenue, Units G & H SUMMARY Conditional Use Permit Application No. CUP 08-15 proposes to expand an existing eating establishment into an adjacent unit to create a 1,971 square-foot dine-in restaurant with beer and wine service and seating for 40 patrons. A public hearing on this proposal was held by the Planning Commission at its December 9, 2008 meeting. However, because the owner of another restaurant in the same retail center testified that she had just submitted a Conditional Use Permit application to increase the number of permitted seats in her restaurant, the Commission decided to continue CUP 08-15 to the January 27, 2009 meeting so that both CUP applications could be reviewed concurrently. On December 15, 2008, the applicant, Dr. Nan Sook Lee, submitted the attached letter explaining that the delay has put her business plans in jeopardy. Dr. Lee is therefore requesting that the Planning Commission reconsider its continuance and act on the application at tonight's meeting. The City Attorney has determined that the Commission acted legally when it continued the CUP application to January 27th; however, because the public hearing was closed at the December 9th meeting, the Commission may consider the applicant's request for reconsideration of the continuance and act on the application. The Commission may approve, conditionally approve, or deny the project; or reaffirm its decision to consider the item at the January 27, 2009 meeting. RECOMMENDATION The Development Services Department recommends that the Planning Commission reaffirm the continuance and defer action on Conditional Use Permit Application No. CUP 08-15 to the January 27,2009 meeting. Approved by: ma, Community Development Administrator Attachments: Letter from Applicant December 9,2008 Staff Report Dr. Nan Sook Lee, Ph.D. 1285 N. Hill Ave. Pasadena, CA911 04 Phone: (626) 824-3058 Michelle Lee 441 Fairview Ave. Unit #10 Arcadia, CA 91007 Sue park 921 S. Baldwin Ave. Unit #H (Fish&Chips) Arcadia, CA December 15,2008 TO: Arcadia Planning Commission RE: CUP No. 08-15 (921 S. Baldwin Ave.) Dear Planning Commissioners, I am writing to request your approval of CUP No. 08-15 (921 South Baldwin Avenue) for development of a new Cajun seafood restaurant in Arcadia. At the December 9, 2008 public hearing of our application you decided to delay approval of our CUP application by continuing any action on it until your next meeting on January 27,2009. This delayed action affects our business plans in an adverse way and if our interpretation of the substance of the public hearing is correct seems somewhat unfair to us necessitating this appeal. We request that you reconsider the continuance and approve our application as soon as possible. We would be happy to meet with you at your convenience and answer any additional questions you may have. We realize that we were afforded a chance to speak: at the public hearing but relied instead on our architect who spoke on our behalf. We were advised that since our application was recommended for approval and no public objections were raised that we would likely be approved and thus proceed with our plans based on this erroneous assumption. Since we did not anticipate any problems with our application we were not prepared to speak: at the hearing. Our application was recommended for approval by the Development Services Department staff after a thorough investigation of parking related issues. We conducted a one week parking survey as requested as part of our application process. The results of our survey found no major parking problems at the proposed site and these real world findings certainly formed part of the basis for your staffs recommendation to approve our application. In spite of this data, problems arose at the public hearing with our application apparently with respect to reservations of some commissioners that parking for our proposed use was inadequate. The main issue seemed to relate to another restaurant unit in the same complex apparently operating in violation of their city approved seating capacity. The owner of this other business spoke at the hearing and explained that she is in the process of applying for a new CUP to bring her business into compliance with Arcadia regulations. We were unaware of her violation of Arcadia City regulations until reading the written report from your staff regarding our application. It seems a bit unfair to delay our plans because of another businesses non-compliance with Arcadia regulations. Additionally, our parking survey data were obtained (September 11- 21, 2008) while this other business was operating with over 5 times their approved seating capacity. Finally, no one spoke against our application at the public hearing. Unfortunately, your decision at the public hearing to continue our application for an additional 7 weeks adversely affects our business plans. We have been developing our plans for a new restaurant for more than 1 year now. The landlord ofthe complex has been eager to rent both units G and H to us since we first approached him with our idea in April, 2008. He is now dismayed to find that our application is still not approved and is dissatisfied with the additional loss of rent he will suffer for one of the units we need since this unit has already remained vacant for many months. Weare thus worried that the additional delay we face may cause us to lose this ideal space for our purpose. We planned to begin the extensive remodeling that is necessary before we can open our business immediately after the public hearing. Sue Park, an investor for our business, has been doing the "Fish & Chips" business at the unit H of this complex since 1993. Without CUP approval we will be forced to delay this already planned work as well as our projected opening date. Finally, our investors are not happy about this additional unanticipated delay and we are worried about losing this source of capital as the general economy continues to deteriorate. All ofthese reasons necessitate this urgent appeal to you for a more timely approval of our application. Finally, I would like to take this opportunity to introduce you to our restaurant concept since we believe that this type of business will be an asset to an upscale multicultural city such as Arcadia. Our plan is to develop a Cajun style seafood restaurant named the "Happy Blues Crab". Our market research indicates that this type of culinary experience appeals to young upper-middle class families that make Arcadia such an attractive place to live and do business. Seafood is healthful and the Cajun style we will cook with appeals to many types of people with diverse ethnic backgrounds and is international in its renown. We will maintain high standards of culinary excellence and provide a classy but casual atmosphere for our customers. We believe our concept will not only serve the current residents of Arcadia but also be able to attract out of town patrons. Our hope is that we can help stimulate the currently depressed economic situation and serve as an economic asset for the City of Arcadia. Thank you for your timely consideration of this urgent matter. I can be reached by telephone (626-824-3058) or email (nansooklee@sbcgloba1.net) and look forward to trying to resolve this dilemma. Sincerely, Nan Sook (Nancy) Lee with Michelle Lee & Sue Park STAFF REPORT Development Services Department December 9, 2008 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Steven Lee, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 08-15 and the related parking modification for a 1,971 square-foot restaurant with beer and wine service and seating for 40 patrons at 921 S. Baldwin Avenue, Units G & H SUMMARY Conditional Use Permit Application No. CUP 08-11 proposes to expand an existing eating establishment into an adjacent unit to create a 1,971 square-foot dine-in restaurant with beer and wine service with meals and seating for 40 patrons. The Development Services Department is recommending approval of Conditional Use Permit Application No. CUP 08-15, subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Terence Kwok (Architect) LOCATION: 921 S. Baldwin Avenue, Units G & H REQUEST: A Conditional Use Permit and parking modification to allow a 1,971 square-foot restaurant with beer and wine service with meals and seating for 40 patrons at 921 S. Baldwin Avenue, Units G & H SITE AREA: Approximately 29,710 square feet (0.68 acres) FRONTAGES: Approximately 182 feet along South Baldwin Avenue and 120 feet along Fairview Avenue ZONING & EXISTING LAND USE: The site is zoned C-2, General Commercial, and is developed with a commercial strip center containing a mix of commercial uses. A total of 50 parking spaces are provided on-site. GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES & ZONING: North: Bank and restaurant, zoned C-2 South: Covenience store, zoned C-2 East: Mixed commercial, zoned C-2 West: Multiple-family residential, zoned R-3 PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit No. CUP 08-15 were mailed on November 26, 2008 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject commercial center (see attached radius map). Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND The subject units are located within an existing commercial strip center constructed in 1987. Unit H is currently occupied by the English House of Fish & Chips, and has a Conditional Use Permit (CUP 87-19) for an eating establishment with seating for 12 patrons. Unit G was previously part of a martial arts studio (CUP 96-01) but is currently vacant. PROPOSAL AND ANALYSIS The applicant is proposing to expand an existing eating establishment into an adjacent unit to create a 1,971 square-foot dine-in restaurant with beer and wine service with meals and seating for 40 patrons. The proposed hours of operation are 11 :00 a.m. to 11 :00 p.m., seven days a week. According to Arcadia Municipal Code Section 9275.1.53.5, a restaurant is permitted in the C-2 zone with an approved Conditional Use Permit. The proposed restaurant would be located at the south end of a multi-tenant commercial strip center on the northwest corner of Baldwin Avenue and Fairview Avenue. The commercial center currently contains a mix of retail uses, restaurants, and a dental office. Several Conditional Use Permits and Parking Modifications have been approved for this center over the last 20 years, resulting in an overall parking deficiency CUP 08-15 921 S. Baldwin Avenue. December 9,2008 - page 2 at the site. The current uses and parking requirements of the center are summarized in the table below: 921 S. Baldwin Avenue - Existing Uses and Parking Requirements Parking Unit # Current Use Sa. Fta. Reauired Notes A Restaurant 1,358 13.6 CUP 94-01 (max 8 seats) B Restaurant 1,393 13.9 CUP 89-19 (max 40 seats) C Dental office 1,447 8.7 Me 91-08 D Fitness gym 1,563 7.8 E Flower shop 1,075 5.4 F Day spa 1,169 5.8 G* Vacant (presumed retail) 965 4.8 H* Eatina establishment 1.006 10.06 CUP 87-19 (max 12 seats) Totals: 9,976 70 *Subject units With a parking requirement of 70 spaces and only 50 spaces provided on-site, the . center is currently deficient by 20 parking spaces. Approval of the proposed restaurant would further increase the deficiency because the proposal involves coverting a general retail space (Unit G) into a restaurant use, and the parking requirement is greater for restaurants than for retail uses (10 spaces per 1,000 square feet of floor area for restal!rants/eating establishments and 5 spaces per 1 ,000 square feet for retail). Pursuant to the City's current parking regulations, a 1,971 square-foot restaurant would require 20 parking spaces, or 5 spaces more than would be required if unit G were to remain retail and unit H were to remain an eating establishment. As a result, the parking deficiency at the center would increase from 20 to 25 spaces; 50 spaces in lieu of 75 spaces required overall. In order to more accurately assess the current parking situation, the Development Services Department asked the applicant to provide a parking survey tracking the number of vacant parking stalls at the site at different times of the day. The attached survey was conducted between Thursday, September 11, 2008 and Sunday, September 21, 2008. The applicant recorded the number of vacant parking spaces at hourly intervals, between 10:00 a.m. and 9:00 p.m. Staff visited the site on multiple occasions and verified that the survey data is accurate. As expected, parking demand was highest during the lunch and dinner hours due to the numerous restaurants at the center. Parking availability ranged from 47 vacant spaces at 10:00 a.m. on a Sunday to only 2 vacant spaces at 7:00 p.m. on a Friday. The parking shortage was particularly severe during weekend dinner hours, when the parking lot was consistently over 90 percent occupied. Under normal circumstances, staff would recommend denial of this application due to the parking shortage. However, while researching the files for the subject property, staff discovered that the restaurant in unit A is only permitted to have seating for eight (8) patrons in accordance with Conditional Use Permit No. CUP 94-01. Unfortunately, the restaurant is currently operating with 44 seats and is therefore in violation of its CUP. Planning staff has notified code services and this violation is being addressed. CUP 08-15 921 S. Baldwin Avenue. December 9, 2008 - page 3 Once the restaurant in unit A is in compliance with its Conditional Use Permit, staff anticipates an improvement in the parking situation. To evaluate the effects of a reduction of seats in unit A, staff has prepared the following table: Restaurant seating capacities at 921 S. Baldwin Avenue Current conditions Unit A (Dumpling House)..... .......44 seats Unit B (Japanese Restaurant).....40 seats Unit H (Fish & Chips).................12 seats Total.... ............................ .... .96 seats ProDosed Unit A (Dumpling House)............ 8 seats Unit B (Japanese Restaurant).... 40 seats Units G & H (New Restaurant)....40 seats Total................. .................... 88 seats The commercial center currently has a total of 96 restaurant seats. Once the restaurant in unit A is in compliance with its approved CUP and units G and H are combined to create a new 40-seat restaurant, the aggregate number of restaurant seats at the center will decrease from 96 seats to 88 seats. . Therefore, staff finds the proposed seating capacity of 40 to be acceptable. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director. CEQA Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department has determined that the proposed project is a minor alteration of an existing facility, and is therefore categorically exempt from CEQA (Class 1, Section 15301). A Preliminary Exemption Assessment is attached. FINDINGS Section 9275.1.2 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. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and CUP 08-15 921 S. Baldwin Avenue. December 9,2008 - page 4 other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 08-17, subject to the following conditions: 1. The business hours of the restaurant shall not exceed 11 :00 a.m. to 11 :00 p.m., seven days a week. 2. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans (a 1,971 square-foot restaurant with beer and wine service with meals and seating for up to 40 patrons) submitted and conditionally approved for CUP 08-17, subject to the satisfaction of the Community Development Administrator. 3. The approval of CUP 08-17 includes a parking modification of 50 spaces in lieu of 75 required. This modification is approved only for the specific combination of uses approved by CUP 08-17, and not for the building and/or site in general. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 08- 17 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director. 6. Approval of CUP 08-17 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government CUP 08-15 921 S. Baldwin Avenue. December 9, 2008 - page 5 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 officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 08-15, state the supporting findings, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval, for adoption at the next meeting. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 08-15, state the finding(s) that the proposal does not satisfy, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings, for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the December 9th public hearing, please contact Steven Lee, Assistant Planner, at (626) 574-5444 or via email atslee@ci.arcadia.ca.us. sarna, Community Development Administrator Attachments: Aerial Photo with Zoning Information Radius Map Plans. Parking Survey Photos Preliminary Exemption Assessment CUP 08-15 921 S. Baldwin Avenue. December 9,2008 - page 6 921 S. Baldwin Avenue, Units G & H CUP 08-15 i 202 211.16 ../ 6'l50 5U5 !l5 ~ TRACT NO 6985 Ii l'l .1 N ~ 7 0 POR g Z ~j -: @ " " (17) 1<:... :no 43 Zl~ ~) 1701 _0 8@ 6 5 4 :t POR '- 647 62.110 b3.15 03.15 53 il Il() 86 I- 2' ~ ~ ~ 0 -' ~ l- S <:: 8 Q) .J, 116 t;~~, ..;; .21 a:l IIlI5ll<8F N @~ ~o ~ lS 1;:0 I ",01; @ ,- ~ ~z ", en ~ ~z ..... ... lX)'" 76 N Ie ..... ~ ~ SHEET 7 ~ CO 9 1168aiSF Q :2 .~ ~ 0; -:! o .26 ~r. &HEE lr) I '\ ~@ ,. M .1#. FA IRVIEW 125 1IO NO 2731 0 '<t en M " 71 1 It:l .., 1; to.. ~ ... PeR . 0 @ ~ ..... W W :t: CO rtJ ::! 125 140 ~,~ /: r., J.,~l .' .."..-.; ...~-:-.. " "...- ~~ SHEET 2 l ~ , / , , ",.~ In Z4AlJI r J '.. . it.', ..} I J" I... ~." I ~J. ,.~ 140 4' .' I:' I' 4\.. -- - .- -.. . ~jl'. , !'!l . P::5;-/t ,(6?J.-.r : I . V' ~{,.; ,. I ~ : ~ - J' . :~.\ '_... I (.-1',.1 .:...-J.;._.~ : ' " . i ~I~ _ I'j:''i,.'' ~~ ../' [.,.' r r<- ;/~,;; ~ ,.. ..' ~I" ~t ~"J f@7?~2.hlH~f..: b.. ~n ~7 I . ~ /"u ._ b, " --. ~~~M_.~~L- . \\ I ',\ ~5 --7'5 '- 17tUI~ -?I :<<>1 NO t @ ~l @ ~ 6 ~ rfJ II d' ". @ 5220 1 '8200.sF POR @) @j) '''3.10 ~ ~~ 75 SL. -2~~~.~ --- - PeR I'f?aJ 6 ~ 3~ 226.44 ':!.J 1IO 95 115.10 , 2lI , ------~R---- @) : '"'0dF 212.19 I I tit <,,, I 95.09 ..... CO en t-- U') M ('f') .... rn ~ M It) ~ r- ----------- ,'t~ g~ '.~ \t\ ~..,' \ ~ \4: '" ; , , . .ff ~, 'J ~ ,:.; < f," ...".~ ...._.......-~,. .." ~ ' ,f :,. ~..::'l'",'~:~;:,;",""""~"".,,'.:.-:.:~~::-.J::.l..:.,..~":;~ =1'::=..==-..:"'t~""':'=';;~"";"l :i~ ~-- f "\ '~l ,~ ~; t-.~--r - ~: I' , . I. : ;1 f-~~~~ j"i i II ~---_-.:.- ....... - I; . .~~~ ---~t=:-.:'. 11 ! :;. ;.;"', ~. "..:..:...- I. ~--._.'i ~._,{ ~! \.~fu -t..-- r---15~ I ~ i_.._..__..&l.:.-.. " !t. 1; i :; I :;-......- ..- !........_-- I !: ; (l-:--~- , ~ P.:; i :~.- - ----r- .----.....-- ~"'!.' .A'D:5.:..Lh'Q :j I ' ~'-,r---~'- :~,' ~'f- _;-u. i~_,_ .no_-2_ ,! I. ,. I ~ ' ~~ -. ... --- .~..- fo<:.r'..r-l-=-,t---- I" " jl;! ;5: t-1c- r~_ I: ,::. ~! _. '-ll_-:" ~! :t.. ;", . __'h' I!' ~i '_..___--;..-..- .1:.-:':'~ :!... f(A1.O.- , , ~--_.. --i-- tc~t~~:~- ["---:--- I; I . J:t----~. 1t---1-.---j-- - II l.~_... i ',J;. '-i I "'~c..~!'.l: ,~ .__:..!fid:...___, ._~ .-------' ,--,,~.._- ~. .' lIi: -f r,' :~:- ~; Fol.-- ." :ll -'-!:.~.":Il~.'- ..._.~~~~ '. ri --'--~'-----=-.;,...-.-------.J-- :~' Ji;:;.T.:.'~~t~\- :~se. ~,f -~lLi ;~ " "4J r- , --L liJT- ,~.: 'r--;' ----.-..-...--- I .-~c'.-..--J I. I ~--=r- -:i"--;-, I 'l' .; ;\1 I. ~ :Ii ,:'., ;",~,,,; I L.: jJ ,- .-. '-f___1 ;J---. .-------- ---- ~:;,,-h :i....~ l :3; -..,........ . -' l-i.~/.;:)!lb <.,I-f'l.J..." " :.5 f..~ 'Ar ~ ~; ".::TU.a..,,':' .~.,t. H ,j!';.! 'C ;;: OE'-tT.~ CFf:'::E ~.:..;., 5.=" t~. ~""'" :'..:.t..~'.:. ';e: ;.1= .;,{:":' 1: E' ....ET"';~ 'C";5!.F ~~.,':' ? :r:. &:R'v',C:;-i5-rv.\'. e-:=.;, '..t~ s:p i,..tH~' of! or.l=,;r: TO E.e CCI\/'JR"!C' ;0 C(E.!-7 ~lft:,~<r qtr5 5.F ~t,-';" 'M .E.f\!:5T~.\,'j'" l,OC-t !>f --J '"_..~_..--~._, :1 :r; . .. ~~" ~"'!:J:<=I\:: No.........-........ . .--.......~i't.t~~-~--~~:;~p.~~t 1- r'. "-'f..:'-:'l~ 1'l.l..:J..._~ .';:: ~:...~~: CCc.:\'Ei'\...... ....~.J...:."'l ;::';'~'.J:Ei"l A'IE _2_...-_b_ !~~~~ti,. '~.! '::,(,.I>,i..::: '- "f;'-O' ...- :.-7~'-:-. --;r 'IY. ':':.J~L:':' j .. ~ if' ;q '.<r;r,:.'~ A,~:<,.. .~:r ~~.~.,.!!:- ,:.~r:.1 ~ -.... ~. . '_" -:.; l.J ,~. ':'1" ,~ li ;;-: ~ C.) --I -r 1.0 . ~:7n."!!' .~'.1~" ~,.., <.:;1:: :....+'-., "" I 'I:: ": +-- ! I I ~ I-J : i'i': i~.:. : *" .1 j I ,/ II Ii. _ , ,--...-.. ;1 Ii 1 I: ; ! I I ! Ii I! . I Ii " ;1 ___\-J @ - --iElc..oKC,~o\l.J.: ~IN~ IS A FROI'fRTY OF. TCRENC.E KI'IOh. AR.:.llI'IE(:., 11116 IS AN lNstRlJ1'1Em OFSERvlc.e ~OvIDW FO"- N '11-1!: SPEC.IFIC. ~JEC.T,IDEIITIFIEO, ~R ,olE l'ROJEc. T IS GOMP.e:W. telnlER THE DRMIN6S ,es16N SHAU.'llE,'vseDON OTI-lER I;'ROJEC.T~, OR ON ,'IS TO OFt MODlflGATlOIls OF 1ll'S l'RO.Ec.T r\ITHOUT ;eN GONSEK{OFl!ReIjCE~, A~HI'!'EC.T, ~O ! ,AFl'RbPRl"'m"'c.o~A'!l:D FOR 5Uc.H L'SE. h'Tt?:'i?Orn' . . TERENCE KY'lOK, .ARC.HI TEC. T 260 E. 6.ARVEY AVE:., MONTEREY PARK, c..A, C!!155 32S-6C!1-2120 \~ I I I 1 ! i ~I ,-;;'" ~ ~ , I ~ lH-f- -~ ,..... 0 0 ~ en () ex) - 0 ~ 0 ~ ~ c: ~ 'i en 32 .8 m ex) CO 0 ~ 0 N ~ en ~ I- ~ .E 0; >. E "0 :::s e - LL (f) 0) c: 32 ?- m c.. co '>'0 mo -g~ "- ('t) GO ,.... N co 0 It) 0 ('t) <0 N :::1- ~ ~ N N ('t) ('t) ('t) N N ..... N (I)~ CJ) ,>,co mO 'E~ co 'I:t It) co <0 ~ It) It) It) "- 0 N :::10 ('t) N - - - N N N - N 16N (1)(;5 co '>'8 {gN It) It) <0 0 ~ 0 ~ ~ ('t) N <0 ~ '1: as ('t) N ..... ..... - ('t) ..... N u....... as ,>,co mo "OQ C7.l ~ ,.... ~ co 0 'V ex) It) f!?~ ..... ..... ..... :::I co ('t) N ..... N ('t) N N .... ..... N ~ai '>'co mo io ~ co C7.l It) It) ('t) g co ('t) !s::! ,.... <0 ,.... ,.... N ..... ..... C"II ('t) N N ~ai >.co mO i~ co 0 co co ~ ~ co ,.... .... It) N N COco ('I) ('t) N N N N .... ..... N :::I..... I-as >.co m8 -g~ .... ~ It) It) It) 0 g ~ 0 co C7.l ~ Oll) 'I:t ('t) N ('t) ('t) ('t) ('t) ('I) :iai >.co {g8 It) co C7.l ('t) N C7.l ~ It) "- ~ c~ 'It ('t) N N N N N ..... co ('t) :::I~ (I).... Oi >.co m8 'EN "- <0 N It) It) 0 ,.... ('t) "- ~ It) 0 .ac;s ('t) N N ..... ..... N N N ..... m..... (1)0; co >.0 mO ('I) ('t) It) It) It) 0 C7.l N C7.l "- "O~ It) CJ) '1: ('I) ('t) ..... N ('t) ('t) N ..... ..... .... u..... Oi >.co mo "00 ~ ,.... (Y) "- It) f!?~ ~ ,.... co ~ ('t) N ~ :::I.... N - N ('I) ('t) N N N .c ..... 1-0; E E ~ I~ ~ I~ a la !i ! I~ & ~ ! 0 0 0 0 0 0 0 0 0 0 ~. 0 ~ 0 0 0 0 0 0 0 0 0 ..... N ..... N M .o:t lO .<0 r..: co a; .... - .... - o Il) ! - o 8 ! o C) c :g m . ~1 -:::I iO' oa; ! >c ~8. C:::l m~ !.o c..m !7ii f!!i; ! .!l ES :::1m c"O COCO .c .c 1-1- .. .. Subject commercial strip center-south side Subject commercial strip center-north side Shared parking lot at rear-looking north Shared parking lot at rear-looking south Subject units-G & H PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 08-15 and the related parking modification for a 1,971 square-foot restaurant with beer and wine service with meals and seating for 40 patrons at 921 S. Baldwin Avenue, Units G &H. 2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map identified by quadrangle name): 921 S. Baldwin Avenue, Units G & H (at Fairview Avenue) 3. Entity or person undertaking project: 0 A. City of Arcadia IZI B. Other (Private) (1 ) Name: Terence Kwok (2) Address: 260 E. Garvev Avenue Monterev Park. CA 91755 (3) Phone: (323) 697-2120 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEOA)" has concluded that this project does not require further environmental assessment because: a. 0 b. 0 c. 0 d. 0 e. [gI f. 0 g. 0 The proposed action does not constitute a project under CEQA. The project is a Ministerial Project. The project is an Emergency Project. The project constitutes a feasibility or planning study. The project is categorically exempt. Applicable Exemption Class: Section No.: 15301 The project is statutorily exempt. Applicable Exemption: Section No.: The project is otherwise exempt on the following basis: h. 0 The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: November 28. 2008 Staff: Steven Lee. Assistant Planner RESOLUTION NO. 1786 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 08-16 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 08-25 FOR AN EXISTING RESTAURANT (THE PATIO MEDITERRANEAN CUISINE) TO ADD A PATIO COVER TO AN EXISTING DECK, AND TO EXPAND THE LIVE ENTERTAINMENT, INCLUDING MUSIC AND DANCING, TO THE SECOND FLOOR AT 21 E. HUNTINGTON DR. WHEREAS, on October 14, 2008, a conditional use permit application was filed by Bedros Darkjian of The Patio Mediterranean Cuisine to add a patio cover to an existing deck, and to expand the live entertainment, including music and dancing, to the second floor, Development Services Department Case No. CUP 08-16 and ADR 08-25, at property commonly known as 21 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on December 9, 2008, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated December 9, 2008 is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the project is exempt from the requirements of the California Environmental Quality Act per Section No. 15301, for projects at an existing facility involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 2 1786 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 08-16 and Architectural Design Review No. ADR 08-25 for an existing restaurant to add a patio cover to an existing deck, and to expand the live entertainment, including music and dancing, to the second floor at 21 E. Huntington Drive, subject to the following conditions: 1. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 08-16 and ADR 08-25 and CUP 07-04. 2. Any and all amplified sound shall be limited to the indoor portions of the subject restaurant. 3. No dancing shall be allowed at the outdoor dining areas. 3 1786 4. All doors that open to the outside and any operable windows shall remain closed while live entertainment or amplified sound is provided. 5. Employees and patrons of the subject restaurant shall not park on any private property or in any private parking lots. 6. The hours for live entertainment, including music and dancing, shall be limited to the indoor areas of the restaurant and to the following times: From 9:00 p.m. to 1 :00 a.m. on Fridays and Saturdays, and from 8:00 p.m. to 12:00 midnight on Sundays. 7. A uniformed security guard shall be present during the times whenever there is live entertainment and/or dancing, and the security guard's duties shall include ensuring that people will not loiter in the areas around the restaurant, that the neighboring private parking spaces are not used by the restaurant's patrons and employees, and that the restaurant patrons do not cause any unnecessary noise or disturbances. 8. All of the entertainers are to obtain a Business License prior to performing at the subject restaurant. 9. A separate Business License shall be obtained for the dance floor(s). 10. The Entertainment Permit and the approval of the entertainment by this Conditional Use Permit are not transferrable. Any change in 4 1786 ownership and/or operators of the subject restaurant shall be subject to a new EntertainmentPermit and/or Conditional Use Permit. 11. The operation of the restaurant, including the entertainment, must be in compliance with noise limits of Arcadia Municipal Code Section 4610.3, as it may subsequently be superseded or amended by the City. 12. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Development Services Director, Fire Marshal, and Public Works Services Director. 13. Approval of CUP 08-16 and ADR 08-25 shall not take effect until the property owner( s), business owner( s) and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 14. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 5 1786 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 officers, employees, and agents in the defense of the matter. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 13th day of January, 2009. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: ... ~9..~ Stephen P. Deitsch, City Attorney 6 1786 RESOLUTION NO. 1787 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 08-17 TO AMEND CONDITION NO. 3A REGARDING A PARKING RESTRICTION OF A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (CUP 03-06 / RESOLUTION NO. 1694) FOR A 3,300 SQUARE-FOOT RESTAURANT WITH BEER AND WINE SERVICE AND A DINING CAPACITY OF 60 PEOPLE AT 1038-1088 S. BALDWIN AVENUE. WHEREAS, on October 17,2008, a Conditional Use Permit application was filed by Frank Yang to amend condition no. 3A regarding a parking restriction of a previously approved Conditional Use Permit (CUP 03-06/ Resolution No. 1694) for a 3,300 square- foot restaurant with beer and wine service and a dining capacity of 60 people; Development Services Department Case No. CUP 08-17, at property commonly known as 1038-1088 S. Baldwin Avenue; and WHEREAS, a public hearing was held by the Planning Commission on December 9, 2008, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated December 9, 2008 is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing facility and is therefore exempt from the California Environmental Quality Act (Class 1 Categorical Exemption, Section No. 15301). 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use IS adequate in SIze and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 08-17, to amend condition no. 3A of Resolution No. 1694 (CUP 03- 06) to read as follows: 3A. 64 parking spaces with no more than ten (10) spaces closest to the automatic-teller-machines (ATMs) to be designated for exclusive use by the bank during 2 1787 ... its business hours in lieu of all 64 spaces to be shared without restrictions by the bank and restaurant. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 13th day of January, 2009. ATTEST: Chairman, Planning Commission Secretary, Planning Commission APPROVED AS TO FORM: ~p~ Stephen P. Deitsch, City Attorney 3 1787 MINUTES ARCADIA PLANNING COMMISSION Tuesday, December 9, 2008, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, December 9, 2008 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Beranek presiding. PLEDGE OF ALLEGIANCE led by Commissioner Hsu ROLL CALL: PRESENT: ABSENT: Commissioners Baderian, Baerg, Hsu and Beranek Commissioner Parrille OTHERS ATTENDING Community Development Administrator Jim Kasama Senior Planner Lisa Flores Associate Planner Tom Li Assistant Planner Steven Lee Senior Administrative Assistant Billie Tone MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to excuse Commissioner Parrille from the meeting. The motion passed by voice vote with none dissenting. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian, to read the Resolutions by title only and waive reading the full text of the Resolutions. The motion passed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR mOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS - Five-minute time limit per person None PUBLIC HEARINGS 1. MODIFICATION NO. MC 08-42 - Continued from November 25, 2008 715 S. First Ave.l57 Alice St. Twen Ma (Architect) The applicant is requesting a Modification for 34 on-site commercial parking spaces in lieu of 38 spaces required to allow a 2,550 square-foot dental office in a general office space within a newly constructed mixed-use building. Associate Planner Thomas Li presented the staff report. Commissioner Baderian asked if it is necessary for none of the findings to be satisfied for the Commission to deny the project. Mr. Kasama explained that there is grounds for denial when the proposal cannot satisfy any of the findings. Commissioner Baerg asked if street parking is taken into consideration when staff calculates parking requirements. Mr. Li said that only on-site parking is used in the calculations. Commissioner Hsu asked if the square footage of common areas is included in staff's formula and Mr. Li said that it is because it is part of the gross floor area of the building. Commissioner Baerg asked if there are other tenants in the building at this time. Mr. Li said this is the first prospective commercial tenant but that there are three residential units in the building that he believes are occupied at this time. The public hearing was opened. Mr. Twen Ma, the architect on the project, distributed the Building Code section on gross area and net area to the Commissioners. He discussed the methods used by the City for calculating gross square footage and noted that other cities use a different method. Mr. Ma suggested that the City's method requires modification. Mr. Ma said that the building was completed six months ago and they have met the requirement for securing an appropriate improvement. Mr. Ma said that since the building is on a comer there is a lot of curbside parking and asked if this could be given consideration. Ms. Rosie Vent, a realtor, said that the prospective tenant is Dr. Eem, a dentist, who wants to open her own practice. Dr. Eem specializes in pediatric dentistry and she is planning to have only two or three assistants. They do not expect to generate a lot of traffic. Chairman Beranek asked if anyone else would like to speak in favor of the project. There were none. Chairman Beranek asked if anyone would like to speak in opposition to the project. There were none. PC MINUTES 12-9-08 Page 2 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to close the public hearing. Without objection the public hearing was closed. Commissioner Hsu said that although he is sympathetic to the applicant he is concerned about the parking situation. He asked if the number of occupants at one time could be restricted. Commissioner Baerg noted that this is the only prospective commercial tenant in the building at present and he asked if a condition could be applied to address the parking issues if the building is fully occupied in the future and parking needs change. Commissioner Baderian said that there is no change in staff's recommendation for denial. He pointed out that the present proposal is for only one dentist but that in the future the addition of other tenants could cause a hardship. Commissioner Baderian said he understands that other cities have different regulations but that does not convince him to ignore staff's recommendation for denial Chairman Beranek said that staff must follow regulations but the Planning Commission is charged with bringing "reality" to issues. He pointed out that parking is deficient by only four spaces and noted that he is in favor of approval. Mr. Kasama said that an approval could include a condition that the practice be limited to a sole practitioner, but he also pointed out that the dentist could easily see several patients at one time and that the office staff would also need parking. Commissioner Baderian asked if the proposed dentist were to leave and be replaced with a dentist for adults, would they be required to obtain a new permit. Commissioner Baerg asked if conditions of approval could limit the practice to this specific tenant for this specific use. Mr. Kasama said the conditions could narrowly define the practice but not the person. Commissioner Baderian said he could approve the application if conditions can be imposed to address the lack of four parking spaces. Commissioner Hsu said he will vote for approval under the condition that the space is rented to only one pediatric dentist. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg, to approve Modification No. MC 08-42 subject to the conditions that the use is limited to a sole- practitioner and a pediatric dental practice. PC MINUTES 12-9-08 Page 3 ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Beranek None Commissioner Parrille 2. TEXT AMENDMENT NO. TA 08-05 - Continued from November 25, 2008 Citywide Staff is proposing to amend the City's Architectural Design Review Regulations and update the Single-Family Residential Design Guidelines. Senior Planner, Lisa Flores, and Assistant Planner, Steven Lee, presented the staff report. The public hearing was opened. Chairman Beranek asked if there was anyone who wanted to speak on this application. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian said that he was pleased to see that the package had been reviewed by the Homeowners' Associations. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve Text Amendment No. T A 08-05 and refer it to the City Council for consideration. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Beranek None Commissioner Parrille 3. CONDITIONAL USE PERMIT NO. CUP 08-15 921 S. Baldwin Ave., Units G & H Terence Kwok (Architect) The applicant is requesting a Conditional Use Permit and parking modification to expand an existing eating establishment into an adjacent unit for a combined floor area of 1,971 square feet with seating for 40 patrons. The staff report was presented by Assistant Planner, Steven Lee. PC MINUTES 12-9-08 Page 4 The public hearing was opened. Commissioner Baderian noted that Unit A has approval for only eight seats but actually has over 40. If in fact they had only eight seats, he asked ifthere would still be a deficiency. Mr. Lee explained that parking requirements for restaurants are based on floor area not the number of chairs so even if they reduced the number of seats to the eight that are allowed, there would still be a parking deficiency. Commissioner Baderian asked Mr. Kwok, the architect on the project, if he had reviewed the conditions of approval and would comply with all conditions. Mr. Kwok said he would. Chairman Beranek asked if there was anyone else who wanted to speak in favor of the application. Mary, the owner of the Dumpling House restaurant, only recently found out that her restaurant is only allowed eight seats. She said she submitted an application today to increase this number and asked the Commissioners to consider this when making their decision. Chairman Beranek said that this issue cannot be taken into consideration now but will have to be reviewed when it is presented to the Commission. Chairman Beranek asked if anyone would like to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian pointed out that there is a potential deficiency of 25 spaces even if all businesses at the center comply with their Conditional Use Permits. He stated that he cannot knowingly contribute to this deficiency. Commissioner Baerg said he felt that this application should be considered at the same meeting with the Conditional Use Permit for the Dumpling House to insure uniformity at the site. Commissioner Hsu said that he is familiar with the location and that it is grossly deficient in parking spaces. He said he agrees with Commissioner Baerg's suggestion. MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Hsu, to continue Conditional Use Permit No. CUP 08-15 to the January 27,2009, meeting. PC MINUTES 12-9-08 Page 5 ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Beranek None Commissioner Parrille 4. CONDmONAL USE PERMIT NO. CUP 08-16 ARCHITECTURAL DESIGN REVIEW NO. ADR 08-25 21 E. Huntington Dr. Bedros Darkjian (Lessee) The applicant is requesting a Conditional Use Permit and Architectural Design Review to add a permanent cover to an existing 875 square-foot second floor deck, and to expand their entertainment permit to also allow live-entertainment and dancing on the second floor. Chairman Beranek excused himself because of a conflict of interest and left the chambers. Commissioner Baderian chaired the proceedings. Associate Planner Tom Li presented the staffreport. The public hearing was opened. Mr. Darkjian said that the main issues are the patio cover and entertainment. He noted that the patio cover has been designed in accordance with the design guidelines and that he is not aware of any objectipn to it. He said the proposed entertainment will be presented inside the building only although there will be a speaker outside. Commissioner Baderian asked if Mr. Darkjian had seen the letters of opposition and Mr. Darkjian said that he had. Chairman Beranek asked if there was anyone else who wanted to speak in favor of the application. There were none. Chairman Beranek asked if anyone would like to speak: in opposition to the project. There were none. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg, to close the public hearing. Without objection the public hearing was closed. Commissioner Baerg noted that Condition no. 6 permits outdoor entertainment but Mr. Kasama pointed out that another condition does not allow amplified sound outdoors. Commissioner Baderian asked Mr. Darkjian to confirm that there will be no dancing outdoors and Mr. Darkjian agreed. PC MINUTES 12-9-08 Page 6 Commissioner Baderian said that the phrase "with the exception of belly dancers" should be deleted from condition number 3. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg, to approve Conditional Use Permit No. CUP 08-16 and Architectural Design Review No. ADR 08-25 subject to the conditions of approval in the staff report as modified by the Commission. ROLL CALL: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baderian, Baerg and Hsu None Commissioner Parrille Chairman Beranek A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There is a five working day appeal period after the adoption of the Resolution. 5. CONDmONAL USE PERMIT NO. CUP 08-17 1038-1088 S. Baldwin Ave. Frank Yang (on behalf of Tripod Properties LLC) The applicant is requesting a revision to a previously approved Conditional Use Permit and parking modification (CUP 03-06/Resolution No. 1694) for a 3,300 square-foot restaurant and 5,130 square-foot bank with a 64-space shared-parking area. The applicant is requesting to modify the number of parking spaces designated for exclusive use by the bank from five (5) to forty (40). The staff report was presented by Assistant Planner Steven Lee. The public hearing was opened. Mr. C. F. Yong, the architect of the project, said that the original Conditional Use Permit allowed five spaces for use by ATM customers and the applicant will appreciate ten more spaces. The Commissioners asked Mr. Lee to clarify the number of parking spaces that would be available to ArM customers if the application is approved. Mr. Lee said there would be a total of ten spaces. Chairman Beranek asked if there was anyone else who wanted to speak in favor of the application. Mr. Jordan Cohen, an attorney with Wells Fargo, offered to answer questions regarding the parking requirements of Wells Fargo. He explained that the lease agreement between the landlord and Wells Fargo was made before the restaurant was built and at that time forty spaces were designated for bank customers. Mr. Cohen said that the landlord is trying to honor the lease agreement by designating 40 spaces for the bank. PC MINUTES 12-9-08 Page 7 Chairman Beranek asked if anyone would like to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian asked if approval would mean that the bank would be notified that they cannot mark 40 spaces exclusively for the use of their customers. Mr. Kasama confirmed this. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to approve Conditional Use Permit No. CUP 08-17 subject to the conditions of approval in the statT report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu, and Beranek None Commissioner Parrille CONSENT ITEMS 6. RESOLUTION NO. 1784 A Resolution of the Planning Commission of the City of Arcadia, California, denying Conditional Use Permit Application No. CUP 08-05 and the related parking modification to allow an existing 2,390 square-foot cafe and yogurt shop to add seating for 18 patrons at 643 W. Duarte Road. 7. RESOLUTION NO. 1785 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 08-11 for a 3,505 square-foot learning center with a maximum enrollment of 60 students at 1201 S. Baldwin Avenue 8. MINUTES OF NOVEMBER 25, 2008 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to adopt Resolutions 1784 and 1785 and to approve the minutes as presented. PC MINUTES 12-9-08 Page 8 Without objection Resolutions 1784 and 1785 and the minutes were approved by voice vote as presented. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION There was nothing reported. MODJFICATION COMMITTEE MEETING ACTIONS There was no Modification Committee meeting today. FURTHER MATTERS FROM STAFF Mr. Kasama reminded the Commissioners of the Commissioners' dinner on January 8,2009. He also said there are no meetings on December 23 and offered best wishes for the holidays. ADJOURNED to JANUARY 13, 2009 8:15 p.rn Is/Jim Kasama Secretary, Arcadia Planning Commission PC MINurES 12-9-08 Page 9