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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 conunonly 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.
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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.
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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
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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
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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 J anua
ATTEST:
APPROVED AS TO FORM:
"
~~~
Stephen P. Deitsch, City Attorney
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1786
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1786 was passed and
adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 13th day of January 2009 and that said Resolution was adopted by the
following vote, to wit:
AYES: Commissioners Baderian, Baerg, Hsu and Parrille
NOES: None
ABSENT: Commissioner Beranek
of the Planning Commission
STAFF REPORT
Development Services Department
December 9,2008
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas P. Li, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 08-16 and
Architectural Design Review No. ADR 08-25 to add a patio cover to
an existing 875 square-foot deck, and to expand the live
entertainment, including music and dancing to the second floor at
21 E. Huntington Drive
SUMMARY
Conditional Use Permit No. CUP 08-16 and Architectural Design Review No.
ADR 08-25 were submitted by Bedros Darkjian of The Patio Mediterranean
Cuisine at 21 E. Huntington Drive to add a patio cover to an existing 875 square-
foot deck, and to provide live entertainment, including music and dancing. It is
staff's opinion that the patio cover meets the design guidelines, and that the
proposed entertainment for the restaurant with conditions of approval, would
satisfy the prerequisite findings for the granting of a Conditional Use Permit.
Therefore, the Development Services Department is recommending approval of
this application with the conditions listed in the staff report.
GENERAL INFORMATION
Applicant: Bedros Darkjian (lessee - The Patio Mediterranean Cuisine)
Location: 21 E. Huntington Drive
Request: A Conditional Use Permit and Architectural Design Review for an
existing restaurant (The Patio Mediterranean Cuisine) to add a
patio cover to an existing deck, and to provide live entertainment,
including music and dancing. The proposed hours of entertainment
are 9:00 p.m. to 1 :00 a.m. on Fridays and Saturdays, and 8:00 p.m.
to 12:00 midnight on Sundays.
Site Area: 3,500 square feet (0.08 acre)
Frontage: 25 feet along Huntington Drive with a 20-foot wide alley at the rear
Existing Land Use and Zoning:
The site is developed with a 5,200 square-foot, two-story
commercial building with a 755 square-foot semi-enclosed ground
floor patio and an open, uncovered, 875 square-foot second floor
deck. The zoning is CBD - Central Business District.
General Plan Designation:
Commercial
REDEVELOPMENT PLAN DESIGNATION:
Commercial General
Surrounding Land Uses and Zoning:
North: City-owned parking lot - zoned CBD
South: Mixed commercial across Huntington Drive - zoned CBD
East: Mixed commercial - zoned CBD
West: Mixed commercial- zoned CBD
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit No. CUP 08-16 and
Architectural Design Review No. ADR 08-25 were mailed on November 26, 2008
to the property owners, tenants and occupants of those properties that are within
300 feet of the subject property (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 local newspaper.
Two letters of opposition were received by Planning Services and are attached to
this report. The opponents' main concern is the noise impacts of the
entertainment and the potential for increased impacts by the subject proposal.
BACKGROUND
The subject building was built in 1953 and was used for offices and retail
purposes until 1994 when a tea parlor with retail sales was approved for the
subject property (CUP 94-02 / Resolution No. 1510). The tea parlor was limited
to the first floor with seating for 49 people. The second floor was used as offices
and storage. In 2001, Cafe de Lilly opened at this location. The retail aspect of
the tea parlor was eliminated, the first floor was remodeled to add a bar area,
and the second floor storage area was converted to a non-retail art gallery.
CUP 08-16 & ADR 08-25
December 9, 2008
Page 2
Seating was still limited to 49 diners, but the second floor had occasionally been
used for banquets and meetings.
On July 24, 2007, the Planning Commission adopted Resolution No. 1761,
granting Conditional Use Permit No. CUP 07-04 and approving Architectural
Design Review No. ADR 07-05 to expand, remodel, and operate the current
restaurant (The Patio Mediterranean Cuisine). The approval allowed the entire
5,200 square-foot building to be used for restaurant purposes, the addition of
1,800 gross square feet of outdoor dining area, and removal of two on-site
parking spaces. Based on Building Code occupancy standards, the existing
restaurant could accommodate a total of 276 diners.
The applicant received approval from the Business License Review Board on
September 22, 2008 to provide live bands, DJs, belly dancers and dancing from
9:00 p.m. to 1 :00 a.m., Thursdays through Mondays. The approval was subject
to the following conditions:
1. The entertainment is to be limited to midnight on Sundays;
2. A uniformed security guard shall be present during the times whenever
there is live entertainment and/or dancing;
3. All of the entertainers are to obtain a Business License prior to performing
at the business;
4. A separate Business License shall be obtained for the dance floor; and
5. The Entertainment Permit is not transferrable and is only for the
first/ground floor of the restaurant per the plan submitted with the
application.
The Entertainment Permit, as stated above, is limited to the first/ground floor of
the restaurant. This conditional use permit application includes expanding the
entertainment to entire restaurant. An architectural design review is required for
the proposed patio cover on the deck.
PROPOSAL AND ANALYSIS
The subject restaurant, The Patio Mediterranean Cuisine, has 5,200 square feet
of interior floor area with 1,800 square feet of outdoor dining. The total combined
7,000 square-foot space has a maximum occupancy limit of 276 people. The
operation hours of the restaurant are 11 :00 a.m. to 1 :00 a.m., daily.
This proposal is to add a patio cover to the existing 875 square-foot deck, and to
provide live entertainment, including music and dancing for the entire restaurant.
The applicant intends to provide live entertainment such as belly dancers, bands,
disc jockeys, and dancing for customers. The proposed hours for the live
entertainment are 9:00 p.m. to 1 :00 a.m. on Fridays and Saturdays, and from
9:00 p.m. to midnight on Sundays.
CUP 08-16 & ADR 08-25
December 9,2008
Page 3
The Entertainment Permit has a condition that requires a uniformed security
guard to be present whenever there is live entertainment and/or dancing. The
uniform is to consist of clothing that readily identifies the individual as a security
guard. The security guard's duties include ensuring that people will not loiter in
the areas around the restaurant, that the neighbor's parking spaces are not used
by the restaurant's patrons, and that the restaurant patrons do not cause any
unnecessary noise or disturbances. Staff recommends that the aforementioned
conditions of the Entertainment Permit be applied to this Conditional Use Permit.
Noise
A main concern of the neighbors is the potential noise generated by proposed
entertainment activities. To minimize any potential noise impacts, staff suggests
a condition to limit amplified sound to the 5,200 square-foot indoor portion of the
restaurant. Also, with the exception of employed belly dancers, no dancing shall
be allowed at the outdoor dining areas. Furthermore, all entertainment shall
cease by 11 :00 p.m. at the outdoor dining areas to limit noise impacts during late
night hours, and all doors that open to the outside and any operable windows
shall remain closed while live entertainment or amplified sound is provided to
help reduce noise.
In addition, as with other businesses, the applicant must comply with the noise
limitations setforth in Arcadia Municipal Code Section 4610.3., which limits noise
levels generated upon adjacent commercially zoned properties to a maximum of
60 decibels between the hours of 10:00 p.m. and 7:00 a.m., and a maximum of
65 decibels between 7:00 a.m. and 10:00 p.m.
Parkinq
This proposal does not change the parking requirements for the restaurant use
approved under Resolution 1761 and Conditional Use Permit No. CUP 07-04
(see attached) which granted a parking modification to remove the two (2) on-site
parking spaces and deleted the parking requirement of 105 on-site spaces. The
restaurant relies on the public parking lot to the north of the subject site to satisfy
its parking needs.
The Arcadia Police Department recommends a condition that prohibits patrons
and employees of the subject restaurant from parking in the nearby private lots.
This is based on a number of complaints from the neighbors. There is adequate
parking in the City's parking lot for the subject restaurant.
Architectural Desiqn Review
Concurrent with this conditional use permit application, the Planning Commission
may approve, conditionally approve, or deny the architectural design of this
proposal. The proposed patio cover for the deck is a canvas cloth in a medium
dark tan color with a black metal frame that complements the colors of the
CUP 08-16 & ADR 08-25
December 9,2008
Page 4
existing building. The applicant's proposal meets the City's Architectural Design
Review Guidelines in that the architectural style of the addition is consistent with
the existing building and would be harmonious with the neighboring buildings.
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, Development Services Director, Fire Marshall,
and Public Works Services Director.
In addition, this proposal was routed to the Police Department, Fire Department,
Economic Development Division, and Building Services for their comments.
Their concerns are addressed by the recommended conditions of approval. And,
as with all Conditional Use Permits, the City has the right to revoke the approval
if it finds that there are violations of any conditions or applicable regulations, and
furthermore, the business license can be revoked if the activities become a public
nuisance.
CEQA
Pursuant to the provIsions of the California Environmental Quality Act, the
Development Services Department has determined that the proposed project is
exempt from CEQA (Class 1 Categorical Exemption, Section No. 15301)
because the project is at an existing facility involving negligible or no expansion
of use beyond that existing at the time of the lead agency's determination. 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
findings 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.
CUP 08-16 & ADR 08-25
December 9, 2008
Page 5
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 08-16 and Architectural Design Review No.
ADR 08-25 based on the above findings and 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, with the
exception of belly dancers employed by the restaurant.
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 as follows:
A. At the outdoor dining areas; from 9:00 p.m. to 11 :00 p.m. on Fridays
and Saturdays, and from 8:00 p.m. to 11 :00 p.m. on Sundays; and
B. At indoor areas; 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 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).
CUP 08-16 & ADR 08-25
December 9, 2008
Page 6
10. The Entertainment Permit and the approval of the entertainment by this
Conditional Use Permit are not transferrable. Any change in ownership
and/or operators of the subject restaurant shall be subject to a new
Entertainment Permit 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 Marshall, 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
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 Application No. CUP 08-16 and
Architectural Design Review No. ADR 08-25, and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Commission's
decision, the supporting findings, the CEQA determination, and the conditions of
approval.
CUP 08-16 & ADR 08-25
December 9, 2008
Page 7
Denial
If the Planning Commission intends to deny this proposal, the Commission
should move to deny Conditional Use Permit Application No. CUP 08-16 and
Architectural Design Review No. ADR 08-25; 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.
If any Planning Commissioner or other interested party has any questions or
comments regarding this matter prior to the December 9, 2008 public hearing,
please contact Associate Planner, Thomas Li at (626) 574-5447 or via email at
tli((i>.ci .arcadia.ca. us.
Approved by:
~
Community Development Administrator
Attachments: Aerial Photograph and Zoning Map
Photographs of the Site
Radius Map
Plans
Resolution No. 1761 for CUP 07-04
Preliminary Exemption Assessment
Opposition Letters
CUP 08-16 & ADR 08-25
December 9,2008
Page 8
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RESOLUTION NO. 1761
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 07-04 AND APPROVING ARCHITECTURAL DESIGN REVIEW NO.
ADR 07-05 TO EXPAND AND REMODEL THE RESTAURANT AT 21
EAST HUNTINGTON DRIVE.
WHEREAS, Conditional Use Permit application no. CUP 07-04 was filed by Mr.
Bedros Darkjian on Apri/12, 2007 to expand and remodel the existing restaurant at 21
East Huntington Drive; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 21000 et seq. ("CEQAh), and the State's CEQA
Guidelines, the City of Arcadia prepared a Preliminary Exemption Assessment and
determined that the proposed project qualifies as a Class 1 Categ.oricalExemption
under Section 15301 of the CEQA Guidelines as an addition to an existing structure
that will not result in an increase of more than 10,000 square feet in an area where all
public services and facilities are available for the maximum development permissible in
the General Plan and which is not environmentally sensitive; and
WHEREAS, a public hearing was held by the Planning Commission on June 12,
2007 and July 10, 2007, at which times all interested persons were given full
opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached reports are true and correct.
SECTION 2. This Commission finds:
1. That the approval of Conditional Use Permit No. CUP 07-04 and
Architectural Design Review No. ADR 07-05 to expand and remodel the existing
restaurant will not be detrimental to the public health or welfare, or injurious to the
property or improvements in the zone or vicinity.
2. That a 5,200 square-foot, two (2) story restaurant building with 1,630
square feet of outdoor dining on two (2) levels at the location indicated is properly one
for which a Conditional Use Permit is authorized.
3. That the site for the proposed expanded restaurant 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 for the proposed expanded restaurant abuts streets and
highways adequate in width and pavement type to carry the kind of traffic generated by
the proposed use.
5. That the subject property is designated for commercial uses in the General
Plan, that the proposed expanded restaurant is consistent with that designation, and
that the granting of the Conditional Use Permit will not adversely affect the
comprehensive general plan.
6. That the determination that the proposed project qualifies as a Class 1
Categorical Exemption is appropriate and that based upon the record as a whole, there.
is no evidence that the proposed project will have any potentially adverse effect on
wildlife resources or the habitat upon which wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 07-04 and approves Architectural Design Review No.
ADR 07-05 to expand and remodel the existing restaurant at 21 East Huntington Drive,
subject to the following conditions:
1. The restaurant, the building and the site shall be operated, improved and
maintained in a manner that is consistent with the proposal and plans as revised: Full
utilization of the existing 5,200 square-foot building for restaurant purposes with the
existing bar on the ground floor, expansion of the ground level outdoor dining area to
approximately 755 square feet with a five (5) foot setback area to accommodate the
easterly neighbor's parking access, and addition of an 875 square-foot second floor
deck with planters or potted plants (e.g., 24-inch width or diameter) to be placed around
the perimeter of the deck and along the rear of the building/stairway. The final plans,
-2-
1761
including the landscaping shall be subject to review, revision and approval by the
Development Services Director.
2. The expansion of the restaurant is subject to inspection by the Building
Official, Development Services Director and Fire Marshall and the use and building
shall be brought into compliance with all requirements and policies determined to be
necessary by the Building Official, City Engineer; Development Services Director, Fire
Marshall, Public Works Services Director, and any service districts and utility providers
that will serve the subject.
3. Maximum occupancy and dining capacity for the various parts of the
restaurant shall be determined by the Building Official, and the seating plans for the
various parts of the restaurant shall be subject to approval by the Fire Marshal.
4. Alcoholic beverage sales shall be subject to licensing by the California State
Alcoholic Beverage Control Department with off-site consumption sales limited to the
taking home of unfinished bottles of wine.
S. The restaurant operating hours shall be limited to 11 :00 a.lTl. to 1 :00 a.m.
6. A Parking Modification for zero (O) on-site spaces in lieu of 102 spaces is
granted for the expanded restaurant. This Parking Modification does not constitute an
approval for a general reduction of the parking requirements for the subject property,
but rather only for the restaurant that is herein conditionally approved. Uses other than
a restaurant may be subject toa new Conditional Use Permit and/or Parking
Modification, and may require that on-site parking be provided.
7. A trash enclosure shall be provided on-site, the design and location shall be
subject to review and approval by the Development Services Director. This requirement
may be waived if an adjoining property owner is in agreement to allow the sharing of a
trash enclosure. The trash enclosure to be shared must be in compliance with the
applicable trash enclosure standards. The agreement to share a trash enclosure shall
be subject to the approval of the Development Services Director and maintained at all
times during the effective period of this Conditional Use Permit, in writing on file in the
Community Development Division.
8. The restaurant, the building and the site must be in compliance with all of
the conditions of approval prior to the restaurant being open to the public.
-3-
1761
Noncompliance with the plans. provisions. requirements of various City departments,
and the conditions of approval for CUP 07-04 and ADR 07-05 shall be grounds for
immediate suspension and/or revocation of any approvals, which may result in the
closing of the restaurant.
9,. 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.
10. The approvals of CUP 07-04 and ADR 07-05 shall not take effect until the
property owner, business owner, and applicant have executed and returned the
Acceptance Form from the Development Services Department to document
acknowledgement and acceptance of the conditions of approval, and aU conditions of
approval shall be satisfied prior to the issuance of a business license and operation of
the expanded restaurant.
SECTION 4. The decision, findings, and conditions of approval contained in
this Resolution reflect the Planning Commission's action of July 10, 2007, by the
fallowing vote:
AYES: Commissioners Beranek, Hsu and Baderian
NOES: Parrille
SECTION 5. The Secretary shall certify to the adoption of this Resolution
and shall cause a copy to be forwarded to the City Council of the City of Arcadia.
-4-
1761
I HEREBY CERTIFY that this foregoing Resolution No. 1761 was adopted at a
regular meeting of the Planning Commission held on July 24, 2007, by the following
vote:
AYES:
NOES:
ABSTAIN:
Baderian, Baerg, Beranek and Hsu
Parrille
\3o~c~-~
Chairman, Planning Commission
A TIEST:
~~~
. . . aryl lanning Commis 'n
APPROVED AS TO FORM:
~r.~
Stephen P. Deitsch, City Attorney
~5~
1761
STAFF REPORT
Development Services Departlnent
July 10, 2007
TO: Arcadia Planning Commission
FROM: Jason Kruckeberg, Community Development Administrator
By: Jim Kasama, Associate Planner
SUBJECT: Conditional Use Perrnit Application No. CUP 07-04 and Architectural
Design Review No. ADR 07-05 to expand and remodel the restaurant at
21 E. Huntington Drive
SUMMARY
This item was continued from the June 12, 2007 Planning Commission meeting to allow
the applicant an opportunity to revise the proposal to address concerns raised by the
owner of the adjacent property, 23 E. Huntington Drive, and by the Commission.
Attached are the June 12, 2007 staff report, which provides the general information
about the property, the background of the restaurant use, and the description and
analysis of the initial proposal, and the June 12, 2007 memorandum regarding
additional information about a revised condition of approval and an e-mail from Ms.
Kathleen Gazarian, the owner of the adjacent property to the east, 23 E. Huntington
Drive. Also attached is the portion of the minutes of the June 12, 2007 meeting on
these applications.
The Development Services Department is recommending approval of Conditional Use
Permit Application No. CUP 07-04 and Architectural Design Review No. ADR 07-05 to
expand the restaurant to fully utilize both floors and to expand the ground floor patio
area as revised, including the removal of the two (2) on-site parking spaces, but denial
of the' addition of a second floor deck.
REVISED PROPOSAL AND ANALYSIS
The revised proposal has provided a 5'-0" setback from the east property line for the
reaf portion of the ground floor patio. This is to address the neighboring property
owner's concern that a wall along the side property line would make the parking spaces
at the rear of her property unusable. Also, arches have been added to the east side
wall of the ground floor patio to provide a more open appearance. The two (2) parking
spaces have not been retained. The Planning Commission had expressed concerns
about the elimination of the two (2) on-site parking spaces, and this was discussed with
the applicant However, because walls and posts are necessary to support the second
floor deck, parking underneath the deck is not feasible due to the loss of visibility, the
substandard backout distance, and limited maneuverability. The applicant has opted to
pursue approval of a second floor deck and eliminate the two (2) parking spaces.
As stated in the original staff report, staff is of the opinion that the two (2) on-site
parking spaces are not critical, and that the City-owned parking lot will be able to
adequately serve the expanded restaurant and the other surrounding uses. Staff does
not recommend approval of a deck addition. The ground floor patio still appears to be
an enclosed space such that the addition will appear to be more of a building addition
rather than a patio and an open deck.
BECOMME,NDA TIQJi
The Development Services Department recommends approval of Conditional Use
Permit No. CUP 07-04 and Architectural Design Review No. ADR 07-05 to expand the
restaurant to fully utilize both floors and to expand the ground floor patio area as
revised, including the removal of the two (2) on-site parking spaces, but denial of the
addition of a second floor deck. The approval is to be subject to the following
conditions:
1. The restaurant, the building and the site shall be operated, improved and
maintained in a manner that is consistent with the proposal and plans, except for
the second floor deck, which is not approved. The final plans, including the
landscaping shall be subject to review, revision and approval by the Development
Services Director.
2. The expansion of the restaurant is subject to inspection by the Building Official,
Development Services Director and Fire Marshall and the use and building shall be
brought into compliance with all requirements and policies determined to be
necessary by the Building Official, City Engineer, Development Services Director,
Fire Marshall, Public Works Services Director, and any service districts and utility
providers that will serve the subject.
3. Maximum occupancy and dining capacity for the various parts of the restaurant
shall be determined by the Building Official, and the seating plans for the various
parts of the restaurant shall be subject to approval by the Fire Marshal.
4. Alcoholic beverage sales shall be subject to licensing by the California State
Alcoholic Beverage Control Department with off-site consumption sales limited to
the taking home of unfinished bottles of wine.
5. The restaurant operating hours shall be limited to 11 :00 a.m. to 1 :00 a.m.
CUP 07-04 - Continued
July 10, 2007
Page 2 of 4
6. A Parking Modification for zero (0) on-site spaces in lieu of 92 spaces is granted for
the restaurant. This Parking Modification does not constitute an approval for a
general reduction of the parking requirements for the subject property, but rather
only for the restaurant that is herein conditionally approved. Uses other than a
restaurant may be subject to a new CUP and/or parking Modification, and may
require that on-site parking be provided.
7. A trash enclosure shall be provided on-site, the design and location shall be subject
to review and approval by the Development Services Director. This requirement
may be waived if an adjoining property owner is in agreement to allow the sharing
of a trash enclosure. The trash enclosure to be shared must be in compliance with
the applicable trash enclosure standards. The agreement to share a trash
enclosure shall be subject to the approval of the Development Services Director
and maintained in writing on file in the Community Development Division.
8. The restaurant, the building and the site must be in compliance with all of the
conditions of approval prior to the restaurant being open to the public.
Noncompliance with the plans, provisions, requirements of various City
departments, and the conditions of approval for CUP 07-04 and ADR 07-05 shall
be grounds for immediate suspension and/or revocation of any approvals, which
may result in the closing of the restaurant.
9. 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
conceming 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.
10. The approvals of CUP 07-04 and ADR 07-05 shall not take effect until the property
owner, business owner, and applicant have executed and returned the Acceptance
Form from the Development Services Department to document acknowledgement
and acceptance of the conditions of approval, and all conditions of approval shall
be satisfied prior to the issuance of a business license and operation of the
expanded restaurant.
CUP 07-04 - Continued
July 10, 2007
Page 3 of4
PLANNING COMMISSION ACTION
Aooroval
If the Planning Commission intends to approve this revised proposal, or any part
thereof, the Commission should move to approve Conditional Use Permit No. CUP 07-
04 and Architectural Design Review No. ADR 07-05. or those specific parts thereof,
accept staff's determination of a categorical exemption, state the supporting findings,
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 as listed in this report or as modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
move to deny Conditional Use Permit Application No. CUP 07-04 and Architectural
Design Review No. ADR 07-05; 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.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the July 10th public hearing, please contact Jim Kasama
at (626) 821-4334 or (626) 574-5423.
Approved by:
son Kruckeberg
Community Development ~dministrator
Attachments: June 12, 2007 Staff Report
June 12,2007 Memorandum re: Additional Information
Excerpt from June 12, 2007 Minutes
Revised Plans
Photos of Adjacent Properties
CUP 07-04 - Continued
July 10, 2007
Page 4 of 4
STAFF REPORT
Development Services Department
June 12, 2007
TO: Arcadia Planning Commission
FROM: Jason Kruckeberg, Community Development Administrator
By: Jim Kasama, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 07-04 and Architectural
Design Review No. ADR 07-05 to expand and remodel the restaurant at
21 E. Huntington Drive
SUMMARY
Conditional Use Penn it Application No. CUP 07-04 and Architectural Design Review
No. ADR 07-05 were submitted by Mr. Bedros Darkjian to expand and remodel the
restaurant at 21 E. Huntington Drive. The proposal is to remodel the front fa9Sde, fully
utilize the 2,600 square-foot first floor, convert the 2,600 square-foot second floor
storage and office area into a dining and service area, expand the ground floor outdoor
dining area by 500 square feet by removing the two (2) on-site parking spaces, and add
an 865 square-foot second floor deck for additional outdoor dining space. The
proposed business hours are 11 :00 a.m. to 1 :00 a.m. daily. The Development Services
Department is recommending approval of the expansion of the restaurant by fully
utilizing both floors and the expansion of the ground floor dining area, including removal
of the two (2) on-site parking spaces, but denial of the addition of the second floor deck.
GENERAL INFORMATION
APPLICANT: Mr. Bedros Darkjian
LOCATION: 21 East Huntington Drive
REQUEST: A Conditional Use Permit and Architectural Design Review to expand
and remodel the restaurant at 21 E. Huntington Drive. The proposal is
to remodel the front fayade, fully utilize the 2,600 square-foot first floor,
convert the 2,600 square-foot second floor storage and office area into
a dining and service area, expand the ground floor outdoor dining area
by 500 square feet by removing the two (2) on-site parking spaces, and
add an 865 square-foot second floor deck for additional outdoor dining
space. The proposed business hours are 11 :00 a.m. to 1 :00 a.m. daily.
SITE AREA: 3,500 square feet (0.08 acre)
FRONTAGE: 25 feet along East Huntington Drive with a 20-foot wide alley at the rear
EXISTING LAND USE:
The site is developed with a 5,200 square foot, two-story commercial
building with an open, uncovered, 375 square foot patio, and two (2)
on-site parking spaces at the rear (1 van-accessible handicap space &
1 non-conforming a-foot wide compact space)
ZONING CLASSIFICATION:
CBD - Central Business District - This zone is intended to provide for
general retail and professional office/service activities serving a
regional/community-wide need under design standards which ensure
compatibility and harmony with adjoining land uses, and which
encourage the highest quality design and development.
The CBD Zone encompasses the City's traditional downtown and the
Central Redevelopment Project Area. The CBD Zone is intended to
promote a strong pedestrian orientation through its mix of permitted
uses and specific development standards.
GENERAL PLAN DESIGNATION:
Commercial - Provides for general commercial and professional office
needs. Appropriate uses include a range of common retail and
personal service uses, specialty retail, offices, auto-related uses,
financial institutions, and hotels and motels. There is a 0.50 Floor-
Area-Ratio (FAR) for commercial development, a density of 50 dwelling
units per acre for market-rate senior housing projects, and 63 dwelling
units per acre for affordable senior housing projects.
REDEVELOPMENT PLAN DESIGNATION:
Commercial General - Shall be developed for general commercial
uses. These general commercial uses shall include but not be limited
to office, retail, service, entertainment, planned commercial and for
recreational uses, plus related ancillary uses as permitted by the
Arcadia Municipal Code.
CUP 07-Q4
June 12, 2007
Page 2 of 12
SURROUNDING LAND USES & ZONING:
North:
South:
East:
West
City-owned parking lot - zoned CBD
Mixed commercial across Huntington Drive - zoned CBO
Mixed commercial - zoned CBD
Mixed commercial - zoned CBO
BACKGROUND
The subject building was built in 1953 and was used for offices and retail purposes until
1994 when a tea parlor with retail sales (La Tea Da) was approved for the subject
property (CUP 94-02 I Raso. 1510). The tea parlor was limited to the first floor with
seating for 49 people. The second. floor was used as offices and storage. In 2001,
Cafe de Ully opened at this location. The retail aspect of the tea parlor was eliminated,
the first floor was remodeled to add a bar area, and the second floor was to be used as
a non.retail art gallery and for general office uses. Seating was still limited to 49 diners,
but staff is aware that the second floor had occasionally been used for banquets and
meetings.
The current business owner intends to operate a restaurant serving Mediterranean
cuisine, and wants to use the second floor for dining purposes. He also wants to
expand the outdoor dining facilities, which he feels is important to a Mediterranean-
themed restaurant.
PROPOSAL AND ANALYSIS
Conditional Use Permit Application No. 07-04 and Architectural Design Review No.
ADR 07-05 are to expand and remodel the restaurant at 21 E. Huntington Drive. The
proposal is to remodel the front fa~de, fully utilize the 2,600 square--foot first floor,
convert the 2,600 square--foot second floor storage and office area into a dining and
service area, expand the ground floor patio dining area by 500 square feet by removing
the two (2) on-site parking spaces, and add a 900 gross square--foot second floor deck
for additional outdoor dining space. Based on Building Code occupancy standards, this
proposal could accommodate a total of 276 diners. The proposed business hours are
11 :00 a.m. to 1 :00 a.m. daily. Staff is recommending approval of using both the first
and second floors for the restaurant and of the expansion of the ground floor patio, but
is not recommending approval of the second floor deck.
First Floor
The first floor will essentially be used in its current configuration: 900 square feet of
dining area, 400 square feet of bar area, and 1,100 square feet of kitchen and service
areas. The proposed floor plan indicates 20 tables with a total of 80 seats with no
seating at the bar. The Building Code would allow for a maximum occupancy of 86
diners in the combined dining and bar areas. Staff recommends approval for full
restaurant use of the ground floor without seating at the bar and with the maximum
CUP 07.04
June 12, 2007
Page 3 of 12
occupancy to be determined by the Building Official and the seating plan to be subject
to the approval of the Fire Marshall.
Second Floor
The restaurant is proposed to be expanded into the second floor to provide an
additional 1.490 square feet of dining area, and 910 square feet of service and storage
areas. The proposed floor plan shows 11 tables with a total of 66 seats. The Building
Code would allow a maximum occupancy of 99 diners in this proposed dining area.
Staff recommends approval for full restaurant use of the second floor with the maximum
occupancy to be determined by the Building Official and the seating plan to be subject
to the approval of the Fire Marshall.
Ground Level Patio
The existing 375 square-foot patio was approved for a maximum of 12 seats as an
incidental outdoor dining area. The proposal is to expand this area by 500 square feet
by eliminating the two (2) on-site parking spaces. After subtracting the spaces
occupied by the landscaping. the proposed stairway and for doorway access, the
Building Code would allow a maximum of 45 diners in the patio dining area.
Staff recommends approval of the patio expansion and elimination of the two (2) on-site
parking spaces, but since staff is not recommending approval of the second floor deck
(which is discussed below) staff recommends that 3D-inch wide by three (3) foot high
brick planters be provided along the side and rear property lines and against the rear of
the building and stairway, and with the maximum occupancy to be determined by the
Building Official and the seating plan to be subject to the approval of the Fire Marshall.
The additional landscaping could reduce the maximum number of diners allowed in the
patio.
Second Floor Deck
The proposal includes the addition of an 875 square-foot second floor deck. According
to the Building Code, after accounting for the areas used for the stairway and doorway,
this deck would accommodate 41 diners.
Staff does not recommend approval of this deck addition. The subject property does
not meet the minimum lot size of 5,000 square feet, and while outdoor dining is a
desirable activity in this commercial area and staffs opinion is that full use of an
existing building should not be inhibited, even the addition of an open deck to a building
that already exceeds the General Plan guideline of a maximum 50% Floor-Area-Ratio is
excessive.
Furthermore. because the deck would extend from side property line to side property
line and fully cover the ground level patio, the Building Code preCludes openings along
the side property lines. This essentially encloses the ground level patio except along
the rear property line, which will result in the deck addition appearing to be more of an
CUP 07-Q4
June 12, 2007
Page 4 of 12
actual building addition rather than just an open deck. If, however; there was to be a
policy to promote more intensive use of this downtown area, then this proposed deck
might be considered acceptable.
If the deck is allowed, staff recommends that planters or potted plants (e.g., 24 inch
width or diameter) be placed around the perimeter and along the rear of the buildingl
stairway, and with the maximum occupancy to be determined by the BUilding Official
and the seating plan to be subject to the approval of the Fire Marshall. The addition of
landscaping could reduce the maximum number of diners allowed on the deck.
Parkina
Conditional Use Permit No. CUP 94-02 for a tea parlor with retail sales allows for the
ground floor of 21 E. Huntington Drive to be used as a restaurant with seating for 49
people. No specific restrictions were placed on the use of the second floor, and
therefore that space could be occupied by general office uses, whiph based on the
City's parking requirements, is the least intense commercial use. CUP 94-02 did not
directly address a Modification from the parking requirements, but the approval of the
application essentially granted a Modification for two (2) on-site spaces in lieu of 36
required for the combined restaurant and office uses.
This proposal would utilize the entire 5,200 square-foot building for a restaurant, add
1,800 gross square feet of outdoor dining area, and eliminate the two (2) on-site
parking spaces. The proposed expanded restaurant would rely on the adjacent City-
owned parking lot and on-street parking for its customers and employees.
The current parking requirements for restaurants are as follows:
A. 10 spaces per 1,000 sq. ft. of gross floor area for restaurantslbars containing less
than 5,001 sq. ft. of floor area.
B. 15 spaces per 1,000 sq. ft. of gross floor area for restaurantslbars containing 5,001
sq. ft. of floor area or greater.
C. 20 spaces per 1,000 sq. ft. of gross floor area for restaurants with bars and/or
cocktails lounges that occupy more than 30% of the total dining and bar area.
The proposed expanded restaurant will result in a total gross floor area of 7,000 square
feet, of which 400 square feet (5.7%) is the bar area. This places the proposal in
parking category 'B' for a parking requirement of 105 spaces. A parking Modification for
zero (0) on-site spaces in lieu of 105 spaces is necessary for this proposal.
Staff is recommending approval to allow utilization of the entire 5,200 square-foot
building for a restaurant, and the 500 square-foot expansion of the ground level outdoor
dining area that will eliminate the two (2) on-site parking spaces. Staff recommends
denial of the second floor deck. The approval of 6,100 gross square feet of restaurant
would need a parking Modification for zero (0) on-site spaces in lieu of 92 spaces.
Staff's opinion is that the City parking lot will adequately serve a 6,100 square-foot
restaurant and the other uses, and that the loss of two (2) parking spaces is negligible.
CUP 07-04
June 12,2007
Page 5 of 12
Public Parkina Lot
The public parking lot to the north of the subject property was originally established as
an assessment district (Parking District II) to provide parking for the properties shown
on the attached map. As properties were redeveloped with their own parking, those
properties were removed from the assessment district. And, as a practical matter, the
properties across the street on Santa Anita Avenue, Huntington Drive and First Avenue
no longer rely on this public parking lot. In 2003 the Parking District Commission was
dissolved and the City assumed all of the cost of maintaining this parking lot, principally
because the City could not continue to levy assessments due to the passage of
Proposition 218. The following table lists the properties and uses that surround this
parking lot and their parking requirements:
Parking Characteristics for Uses around the Public Parking Lot
On-site Required
Address & Use BIde. Size 1 SDaces2 SDaces3 Deficiencies3
100 N. Santa Anita Ave. - 2-story offices 9.092 sq. ft. 14 38 22 spaces
150 N. Santa Anita Ave. -8-story offices 129.453 sq. ft. 178 518 340 spaces
25 Wheeler Ave. -1-story offices 4,600 sq. ft. 8 18 12 spaces
31 Wheeler Ave. -1-story offices 3,750 sq. ft. 12 15 3 spaces
41 Wheeler Ave. - Post Office 18,000 sq. ft. 0 80 80 spaces
57 Wheeler Ave. -1-story restaurant 7,708 sq. ft. 7ft' 118 41 spaces
85 N. First Ave. - 2-story medical offices 18,139 sq. ft. 77 97 20 spaces
55 E. Huntington Dr. - 3-story offices 29,527 sq. ft. 99 118 19 spaces
51 E. Huntington Dr. - 2-story offices 4,864 sq. ft. 4 19 15 spaces
49 E. Huntington Dr. -1-story offices 2,378 sq. ft. 2 10 8 spaces
41-45 E. Huntington Dr. -1-story offices 5,760 sq. ft. 17 23 8 spaces
37 E. Huntington Dr. - 1-story offices 6,343 sq. ft. 0 25 25 Splices
33 E. Huntington Dr. -1-story offices 4,250 sq. ft. 7 17 10 spaces
29 E. Huntington Dr. -1-story dental office 2,169 sq. ft. 3 13 10 spaces
29 E. Huntington Dr. -1-story retail 3,088 sq. ft. 0 15 15 spaces
25 E. Huntington Dr. -1-story offices 4,000 sq. ft. 8 16 8 spaces
23 E. Huntington Dr. - 1-story retail 2.000 sq. ft. 3 8 5 spaces
21 E. Huntington Dr. _111t floor restaurant 2,600 sq. ft. 2 26 24 spaces
21 E. Huntington Dr. - 2nd floor offices 2.600 sq. ft. 0 10 10 spaces
19 E. Huntington Dr. -1-story retail 3,950 sq. ft., 9 16 7 spaces
17 E. Huntington Dr. -1-story offices 2.000 sq. ft. 4 8 4 spaces
15 E. Huntington Dr. -1-stary salon 2,000 sq. ft. 4 10 6 spaces
11 E. Huntington Dr. - 1-story offices 3,723 sq. ft. 9 15 6 spaces
7 E. Huntington Dr. -1-story restaurant 4.390 sq. ft. 9 44 35 spaces
30 N. Santa Anita Ave. Par1dna lot leased to Dennv's 0 sa. ft. 60 0 C60 scacesl
Totals 272,180 sq. ft. 602 1.273 671 spaces
1 Based on LA County Tax Assessor's Records, except for the Post Office and 29 E. Huntington Dr., which are based on City
f8C0rds.
2 Legal or legal-nonconforming status not detennJned. and spaces may or may not be designed per City standards.
:I Does not account for Modifications.
"This is the number of spaces that existed before the development of 24-Hr. Fitness. When complete, the Arroyo Restaurant
and 24-Hr Fitness will share 280 on-site parking spaces; 50 in the lot in front of the restaurant and 230 In the new structure.
CUP 07-04
June 12, 2007
Page 6 of 12
A parking survey was requested as part of this application, and the applicant has
provided the following information:
Parking Availability - No. of spaces available in City Parking Lot'"
DavlDate
Monday,April23,2007
Tuesday,April24,2007
VVednesday,April25,2007
Thu~day,April26,2007
Fridav. Aoril27. 2007
Averages
At 12:30 p.m.
92 39.8%
87 37.7%
82 35.5%
91 39.4%
94 40.7%
89 38.5%
At 6:00 p.m.
187 81.0%
182 78.8%
188 81.4%
190 82.3%
188 81.4%
187 81.0%
*There are a total of 231 parking spaces in the City Parking Lot
Staff has conducted parking counts on VVednesday, May 16. 2007 at approximately
1:10 p.m., and on Tuesday, May 29, 2007 at approximately 12:55 p.m., and
respectively, found 83 and 71 parking spaces available. Staff has also observed that
there appears to be more parking available during the lunch hour because many of the
employees at the surrounding businesses, who use this parking lot, leave during their
lunch time. Staff has not conducted any counts after business hours, but has observed
that by 6:00 p.m., this parking lot is nearly empty. Based on the parking counts and
observations, staff is of the opinion that the City-owned parking lot will be able to
adequately serve a 6,100 gross square-foot restaurant and the other surrounding uses.
Hours of Operation
The restaurant is proposed to be open from 11 :00 a.m. to 1 :00 a.m. daily. If the subject
property were within 150 feet of residentially zoned property, being open past midnight
would be subject to a CUP. In this case, there are no restrictions on business hours for
the subject property. Staff recommends limiting the restaurant to the proposed hours.
Servinq of Alcoholic Beveraaes
The applicant has indicated that the serving of alcoholic beverages will be incidental to
the restaurant use. There is an existing bar area on the first floor, but this proposal
does not provide seating at the bar.
A CUP is required only for the sale of alcoholic beverages for off-site consumption if the
property is within 150 feet of residentially zoned property. Otherwise, unless it is
specifically addressed by a CUP for an underlying use, the City does not restrict the
sale of alcoholic beverages.
CUP 07-04
June 12, 2007
Page 7 of 12
For this proposal, staff recommends that seating, dining and drinking not be allowed at
the bar and that if the applicant wants a State license for off-site consumption sales,
that it be limited to the taking home of an unfinished bottle of wine.
Entertainment
The applicant has indicated that in keeping with the Mediterranean theme for his client's
restaurant, there may be entertainment provided in conjunction with the restal.:lrant (e.g.,
music and belly dancers). Provided that the entertainment is incidental to the
restaurant use, and does not qualify as adult entertainment, it would be allowed with a
separate business license and does not need to be addressed by a CUP.
Trash Receotaqle and Enclosure
CUP 94-02 for a tea parlor allowed this property to share the trash enclosure at 19 E.
Huntington Drive (Claro's Italian Market & Deli). This practice was continued by the
subsequent restaurant uses, and the applicant has received permission from the owner
of 19 E. Huntington Drive to continue sharing that trash enclosure. Should this
permission ever be revoked for any reason, a new trash enclosure will have to be
provided on-site at 21 E. Huntington Drive. Staff recommends that the sharing of the
trash enclosure be allowed provided that the enclosure be in compliance with the
applicable trash enclosure standards (i.e., solid metal gates need to be installed on the
existing trash enclosure at 19 E. Huntington Dr.)
ArChitectural Desion Review
The proposed remodeling will not significantly alter the appearance or style of the
subject property, except for the addition of the rear deck.
Front/South Fagade - The proposal is to retain the existing brick, replace the siding with
smooth-finished, cream-colored stucco (which will be used on all sides of the building)
replace the upper edge framing with a decorative cornice molding, remove the east side
edge framing, replace the second floor rectangular windows with arched windows with
decorative guardrails, remove the three (3) round awnings on the second floor, replace
the first floor awning with a new dark green, canvas awning, and install a new entry
door. Staff recommends approval of the proposed front/south fagade design, provided
that the windows include mullions to provide a multi-paned appearance, and that the
entry door and windows match.
Rear/North Fagade - The proposal is to redo the stucco, replace the second floor
windows, remove the awnings, remove the first floor windows, replace the door, and
retain the existing brick. The applicant has already been granted administrative
approval to remove the first floor windows. This was granted in conjunction with
approval for remodeling two (2) restrooms and the installation of a partition wall. Staff
recommends approval of the proposed rear/north fac;ade design, provided that the
windows include mullions to provide a multi-paned appearance, and that the door and
windows match.
CUP 07-04
June 12,2007
Page 8 of 12
Expansion of Ground Floor Patio - The proposal anticipates the addition of the second
floor deck, and therefore indicates solid walls with decorative relief bands along the side
property lines and two (2) arched openings on the north side. The walls will be smooth-
finished, cream-colored stucco. A landscaping planter along the rear portion will direct
access toward the northeast comer of the expanded patio. This proposal will need to
be significantly revised if the second floor deck is not allowed. Without the deck, staff
recommends that the patio be enclosed by providing 30-inch wide by 3-foot high brick
planters along the side and rear property lines with an appropriately designed gate at
the northeast comer.
Addition of Second Floor Deck - The proposed deck will have short, solid walls along
the sides and open work railing along the north side. The height of the walls and railing
will be as required by the Building Code. If this deck is allowed, staff recommends that
planters or potted plants (e.g., 24 inch width or diameter) be provided around the
perimeter and against the rear of the building/stairway.
Staff recommends approval of the proposed remodeling without the second floor deck,
with the final plans subject to approval by the Development Services Director.
Other Reauirements
Expansion of the restaurant will require that the use and building be brought into
compliance with all required building and safety measures as determined to be
necessary by the Building Official and Fire Marshall. Furthermore, the applicant is
required to comply with all development and operational requirements and policies
determined to be necessary by the City Engineer, Community Development
Administrator, Public Works Services Director, and any service districts and utility
providers that will serve the proposed marital arts studio.
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 five (5) 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.
CUP 07-04
June 12, 2007
Page 9 of 12
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
CEQA
Pursuant to the provisions of the California Environmental Quality Act (CEQA) the
Development Services Department has prepared a Preliminary Exemption Assessment
finding that the proposed project is a Class 1 Categorical Exemption under CEaA
Guidelines Section 15301: Additions to an existing structure that will not result in an
increase of more than 10,000 square feet in an area where all public services and
facilities are available for the maximum development permissible in the General Plan
and which is not environmentally sensitive. A Notice of Exemption is not required to be
filed [Section 15062(a)] and has not been prepared for this project. The Development
Services Department will not be filing a Notice of Determination unless requested and
paid for by the applicant.
The filing of a Notice of Exemption starts a 35-day statute of limitations on legal
challenges to the City's determination that the project is exempt from CEQA. If a Notice
of Exemption is not filed, a 180-day statute of limitations will apply [Section 15062(d)].
These statutes of limitations do not preclude the City from processing the project, nor
do they preclude the applicant from proceeding with the project once the necessary
permits have been granted [Section 15112(b)].
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit No. CUP 07-04 and Architectural Design Review No. ADR 07-05, subject to the
following conditions:
1. The restaurant, the building and the site shall be operated, improved and
maintained in a manner that is consistent with this proposal and plans, except for
the second floor deck, which is not approved. The final plans, including the
landscaping shall be subject to review, revision and approval by the Development
Services Director.
2. The expansion of the restaurant is subject to inspection by the Building Official,
Development Services Director and Fire Marshall and the use and building shall be
brought into compliance with all requirements and policies determined to be
necessary by the Building Official, City Engineer, Development Services Director,
Fire Marshall, Public Works Services Director, and any service districts and utility
prOviders that will serve the subject.
3. Maximum occupancy and dining capacity for the various parts of the restaurant
shall be determined by the Building Official. There shall be no seating at the bar,
and the seating plans for the various parts of the restaurant shall be subject to
approval by the Fire Marshal.
CUP 07-Q4
June 12, 2007
Page 10 of 12
4. There shall be no seating, dining or drinking at the bar, and alcoholic beverage
sales shall be subject to licensing by the California State Alcoholic Beverage
Control Department with off-site consumption sales limited to the taking home of
unfinished bottles of wine.
5. The restaurant operating hours shall be limited to 11 :00 a.m. to 1 :00 a.m.
6. A Parking Modification for zero (0) on-site spaces in lieu of 92 spaces is granted for
the restaurant. This Parking Modification does not constitute an approval for a
general reduction of the parking requirements for the subject property, but rather
only for the restaurant that is herein conditionally approved. Changes to uses
within this building shall be subject to a new CUP and/or parking Modification.
7. A trash enclosure shall be provided on-site, the design and location shall be subject
to review and approval by the Development Services Director. This requirement
may be waived if an adjoining property owner is in agreement to allow the sharing
of a trash enclosure. The trash enclosure to be shared must be in compliance with
the applicable trash enclosure standards. The agreement to share a trash
enclosure shall be subject to the approval of the Development Services Director
and maintained in writing on file in the Community Development Division.
8. The restaurant, the building and the site must be in compliance with all of the
conditions of approval prior to the restaurant being open to the public.
Noncompliance with the plans, provisions. requirements of various City
departments, and the conditions of approval for CUP 07-04 and ADR 07-05 shall
be grounds for immediate suspension and/or revocation of any approvals. which
may result in the closing of the restaurant.
9. 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 attomey to represent the City, its officers, employees, and
agents in the defense of the matter.
10. The approvals of CUP 07-04 and ADR 07-05 shall not take effect until the property
owner. business owner, and applicant have executed and returned the Acceptance
Form from the Development Services Department to document acknowledgement
and acceptance of the conditions of approval, and all conditions of approval shall
CUP 07-04
June 12, 2007
Page 11 of 12
be satisfied prior to the issuance of a business license and operation of the
expanded restaurant.
PLANNING COMMISSION ACTION
ADDroval
If the Planning Commission intends to approve this proposal, or any part thereof, the
Commission should move to approve Conditional Use Permit No. CUP 07-04 and
Architectural Design Review No. ADR 07-05, or those specific parts thereof, accept
staffs determination of a categorical exemption, state the supporting findings, 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 as listed in this report or as modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
move to deny Conditional Use Permit Application No. CUP 07-04 and Architectural
Design Review No. ADR 07-05; 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.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the June 12th public hearing, please contact Jim Kasama
at (626) 821-4334 or (626) 574-5423.
Approved by:
Attachments: Vicinity Map
Aerial Photo
Parking District 2 Map
Proposed Plans
Photos of Subject Property
Preliminary Exemption Assessment
CUP 07-04
June 12, 2007
Page 12 of 12
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 08-16 to add a patio cover to an existing deck, and to
expand the live enterlainment, including music and dancing to the second floo.
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):
21 East Huntington Drive - east of Santa Anita Avenue and west of First Avenue
3. Entity or person undertaking project: A.
B. Other (Private):
(1 ) Name: Mr. Bedros Darkjian
(2) Address: 527 Tancanyon Road
Duarle, CA 91010
(3) Phone: (626) 215-4826
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. [] 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. [.x) The project is categorically exempt. Applicable Exemption Class: 1- Section No.: 15301
Additions to an existing structure that will not result in an increase of more than 10,000
square feet. The project is in an area where all public services and facilities are availabie
to allow for maximum development permissible in the General Plan, and which is not
environmentally sensitive.
f. [] The project is statutorily exempt. Applicable Exemption:
Section No.:
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: Nov. 20. 2008
.~~~~~~ '7 ,-
Staff~J/.
Thomas Li, Associate Planner
CEQA Preliminary Exemption Assessment (Form "A")
6/06
Robert Dahms - Arcadia Property Owner
P.O. Box 3178
Dana Point, Ca. 92629
11/29/08
Thomas Li, Associate Planner
Development Services Department
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91006-06021
RE: CUP 08-016 and ADR 08-25 Public Hearing on 12/9/08
Dear Mr. Li,
I am not going to be able to attend the meeting so I am letting you know my thoughts.
In the past I have supported this business applications and its need to grow and prosper. I
regret to say I am now opposed this business further expanding their entertainment or any
source of loud noises from that building. They have not been handling their entertainment
noise impact responsibly so far. They keep the front door wide open. The "trance, rave or
hip hop music and continuous BOOM BOOM BOOM" coming out of the establishment
was so loud at 11 pm on recent Friday and Saturday nights that it could be heard inside
the establishment across the street even though they had the doors closed. The noise
coming from 21 E. Huntington was so loud you could not talk 011 the street without
yelling between the BOOMS at over one hundred feet away. If a condition could be put
in place that NO noise could be heard from their establishment 50 feet away I would
support this CUP application. I do want them to be successful in their business
investment but not at the expense of those businesses and properties that are negatively
impacted nearby. If they had llsed common sense with the permits they have now there
would not have been are reason to respond to this application.
Sincerely,
Robert Dahms
RECEIVED
OEe 2 Z008
PLANNiNG
SEf~VIC~S
~
Maria Malak, (nearby Arcadia resident)
P.O. Box 489
Pomona, Ca. 91769
November 28, 2008
Thomas Li, Associate Planner
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91006-06021
RE: CUP 08-016 & ADR 08-25 Hearing December 9
Dear Mr. Lit
I am not going to be able to attend the meeting. I am now opposed this
business expanding their entertainment. They have been very loud neighbors at
times such especially on Friday or Saturday nights until to 2am when they
transform this business into a hip hop disco dancing nightclub. You can hear the
music blocks away. Everything is shaking. The continuous booming bass coming
from the business at 21 E. Huntington is just out of hand. They keep the front and
back doors open now, can you imagine what will happen on a patio that is not
sound proofed?
Thanks,
Maria Malak
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To: Thomas Li, Associate Planner, City of Arcadia
From: Joseph Kovalik and Tracy Burtoft
36 Alta St, #A, Arcadia, CA 91006
Tel: (626) 446-5730
e-mail: josephkovalik@sbcglobal.net
Subject: CUP 08-016 and ADR 08-25
We have already made numerous complaints to the city of Arcadia regarding disturbances to the
residential area of Alta St. due to bars and nightclub type establishments on Huntington Dr and First Ave.
The petition by the establishment at The Patio at 21 E. Huntington to expand their business will only
cause the situation to become worse.
The establishment at 21 E. Huntington plays very loud music and is careless about leaving doors open
and letting the noise cause distress for the residential areas nearby. Any expansion of this business
especially outdoors will be an especially egregious violation of the peace and quiet of nearby Arcadia
families. Moreover, the establishment promotes the use of water pipes for smoking which is an unhealthy
activity that should be discouraged. In fact, violations of California state laws regarding smoking are
routinely violated by many of the establishments on Huntington Dr. All violations including those
regarding excessive noise, property damage, littering, public drunkenness, public drinking, public
urination and smoking within businesses must be fully investigated and prosecuted by the city before
expanding late night music and dance permits. If the city does not enforce laws that are necessary to
protect the rights of families that live nearby these establishments, then numerous county, state and even
federal bodies will need to be informed. These include: the LA County District Attorney, the California
State District Attorney, the Department of Alcohol Beverage Control, the Environmental Protection
Agency and the Air Quality Management District.
All previous CUP's by the city have been written to protect the residents of Arcadia and limit the possible
disturbances due to activities at bar and nightclub type of establishments. The Patio Restaurant should
not be allowed to ruin our neighborhood. We therefore believe that The Patio must be denied the petition
for a conditional use permit.
Joseph Kovalik and Tracy Burtoft