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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:
APPROVED AS TO FORM:
~p~
Stephen P. Deitsch, City Attorney
3
1787
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. 1787 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
Developnlent 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 08-17 to revise 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 at
1038-1088 S. Baldwin Avenue.
SUMMARY
Conditional Use Permit Application No. CUP 08-17 proposes to revise 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 seeking to modify the number of
parking spaces designated for exclusive use by the bank from five (5) to forty (40).
The Development Services Department is recommending approval of Conditional
Use Permit Application No. CUP 08-17, subject to the conditions listed in this report;
however, no more than ten (10) parking spaces shall be designated for exclusive use
by the bank during the bank's business hours.
GENERAL INFORMATION
APPLICANT: Frank Yang (on behalf of Tripod Properties LLC)
LOCATION: 1038-1088 S. Baldwin Avenue
REQUEST: 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 request is to modify the number of
parking spaces designated for exclusive use by the bank from five
(5) to forty (40).
SITE AREA:
Approximately 37,080 square feet (0.85 acre)
FRONTAGES: Approximately 111 feet along South Baldwin Avenue and 338 feet
along Arcadia Avenue
ZONING & EXISTING LAND USE:
The site is zoned C-2, General Commercial, and is developed with a
5,130 square-foot bank, 3,300 square-foot restaurant, and 64-space
shared parking lot.
GENERAL PLAN DESIGNATION:
Commercial
SURROUNDING LAND USES & ZONING:
North: Bowling alley, zoned C-2
South: Baldwin Plaza (retail center), zoned C-2
East: Arcadia Center (retail center), zoned C-2
West: Mixed commercial, zoned C-2
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit No. CUP 08-17 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
Arcadia Weekly newspaper.
BACKGROUND
The subject property was originally developed with a 5,130 square-foot bank and 35
on-site parking spaces. In April 2003, the Planning Commission approved
Conditional Use Permit No. CUP 03-03 and the related parking modification
(Resolution No. 1692) to allow a new two-story, 4,400 square-foot restaurant (Din Tai
Fung Dumpling House) to be built directly to the south of the bank. However, one of
the conditions of approval stipulated that the restaurant's hours of operation could
not overlap with the bank's hours due to inadequate parking. The applicant
appealed the decision to the City Council, but the appeal was denied (City Council
Resolution No. 6364). In July 2003, the Planning Commission approved a scaled-
down version of the original proposal (CUP 03-06 I Resolution No. 1694), in which
the floor area of the restaurant was reduced to 3,300 square feet. At the time of
CUP 08-17
1038-1088 S. Baldwin Avenue
December 9, 2008 - page 2
approval, the Arcadia Municipal Code required 10 parking s'paces per 1,000 square
feet of gross floor area for restaurants and 6 spaces per 1,000 square feet of floor
area for banks. This resulted in a total parking requirement of 64 stalls. Because
the 64 on-site parking spaces satisfied the parking requirement for both the
restaurant and the bank, the condition limiting the restaurant's business hours was
removed.
PROPOSAL AND ANALYSIS
The applicant is requesting a revision to Conditional Use Permit No. CUP 03-06,
which was approved by the Planning Commission in 2003 to allow a new 3,300
square-foot Din Tai Fung Dumpling House restaurant to be constructed next to the
existing 5,130 square-foot Wells Fargo bank. Specifically, the applicant is requesting
to modify the following condition of approval:
3A. 64 parking spaces with the five (5) spaces closest to the automatic-teller-
machines (ATMs) to be labeled, "BANK CUSTOMERS ONLY" in lieu of all 64
spaces to be shared without restrictions by the bank and restaurant (AMC
Secs. 9269.4 and 9269.5).
The applicant is requesting to modify this condition to designate forty (40) parking
spaces for exclusive use by the bank in lieu of the five (5) designated spaces
approved under the Conditional Use Permit. The reason for the request is that the
restaurant, Din Tai Fung Dumpling House, is one of the most popular restaurants in
the City and consequently, there is limited parking available for bank patrons during
peak lunch and dinner hours. The remaining twelve (12) conditions would remain
unchanged.
Unfortunately, staff cannot support designating forty (40) spaces for exclusive use by
the bank. Planning Services has a written policy dating back to 1983 stating that
"required parking spaces are not permitted to be reserved." The reasoning behind
this policy is that reserving required spaces for one business has the net effect of
removing such spaces from use by the general public. In this particular case, staff is
concerned that reserving forty (40) spaces for bank customers will result in
restaurant parking spilling over onto nearby residential streets and adjacent shopping
centers. However, because the written policy only applies to required parking
spaces, staff does not object to the reservation of surplus spaces. In 2004, the City
Council adopted a new parking ordinance which reduced the parking requirement for
banks from 6 spaces per 1,000 square feet of gross floor area to 4 spaces per 1,000
square feet of gross floor area. Based on this current requirement, the existing
restaurant and bank together require 54 on-site parking spaces, or 10 fewer than the
64 spaces currently provided. Therefore, staff finds it acceptable to designate up to
ten (10) spaces exclusively for bank patrons and employees during the bank's
business hours.
CUP 08-17
1038-1088 S. Baldwin Avenue
December 9, 2008 - page 3
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking 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, 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 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 (revised
condition in bold face):
1. The restaurant and the site shall be improved, operated and maintained in
manners that are consistent with the proposal and plans (e.g., two-story, 3,300
square foot restaurant with seating for 60 diners, with beer and wine service with
meals) submitted and conditionally approved for CUP 2003-006 and/or ADR
2002-041, subject to the satisfaction of the Development Services Director.
CUP 08-17
1038-1088 S. Baldwin Avenue
December 9, 2008 - page 4
2. The business hours for the restaurant are limited to a maximum of 16 hours per
day, and the restaurant is prohibited from being open between 12:00 midnight
and 6:00 a.m.
3. This approval of CUP 2003-006 includes the following two (2) Parking
Modifications, which are approved only for the specific combination of uses
approved by CUP 2003-006 (Le., a 3,300 square foot restaurant and a 5,130
square foot bank) and not for the buildings and/or site in general:
A. 64 parking spaces with no more than ten (10) spaces closest to the
automatic-teller-machines (AlMs) to be designated for exclusive use
by the bank during its business hours in lieu of all 64 spaces to be
shared without restrictions by the bank and restaurant.
B. 55-degree angled, 9-foot wide by 18-foot deep parking stalls with 14'-8" wide
one-way aisles in accordance with the Recommended Guidelines for
Parking Geometries per the Parking Consultants Council, National Parking
Association in lieu of the City's standards for commercial parking (Le., 45- or
60-degree angled, 9-foot wide by 20-foot deep parking stalls with,
respectively, 15'-8" wide or 20'-0" wide, one-way aisles-AMC Section
9269.7.1 ).
4. Delivery activities are prohibited from 11 :00 p.m. to 7:00 a.m.
5. The restaurant is not to be a "food factory" at which food is pre-prepared for
delivery to other restaurants.
6. The remodeled south elevation of the bank building and the final courtyard and
water feature designs are to be reviewed through separate Architectural Design
Reviews and approved by the Community Development Administrator.
7. The street trees facing Baldwin Avenue and Arcadia Avenue rights-of-way
adjacent to the subject property shall be retained or replaced as determined to
be necessary to the satisfaction of the Public Works Services Director.
8. The construction plans shall include grading and drainage plans, and a separate
erosion control plan, both to be prepared by a registered civil engineer and
subject to approval by the City Engineer. Cost estimates for any improvements
in a public right-of-way (e.g., a new sewer lateral, new water services,
reconstruction and/or abandonment of driveways, sidewalks, curb and gutter,
etc.) shall be submitted to the City Engineer for approval, and shall be
constructed to the satisfaction of the City Engineer and Public Works Services
Director.
9. The final landscaping, irrigation and planting plans are to be prepared with
consultation from the City's Landscape Architect, are to be plan checked by the
CUP 08-17
1038-1088 S. Baldwin Avenue
December 9, 2008 - page 5
City's Landscape Architect, and are subject to review and approval by the
Community Development Administrator.
10. The final designs for the decorative colored pavers to be used to highlight the
vehicular driveways and pedestrian paths-of-travel shall be subject to review and
approval by the Community Development Administrator.
11. 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.
12. Noncompliance with the plans, provisions and conditions of approval for CUP
2003-006 and/or ADR 2002-041 shall be grounds for immediate suspension
and/or revocation of any approvals, which shall result in suspension of
construction and/or operation of the restaurant.
13. Approval of CUP 2003-006 and/or ADR 2002-041 shall not take effect until the
property owner 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, and that all conditions of approval
shall be satisfied prior to final inspection and issuance of a Certificate of
Occupancy for the restaurant.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 08-17, 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 08-17, state the finding(s)
CUP 08-17
1038-1088 S. Baldwin Avenue
December 9,2008 - page 6
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 at
slee@ci.arcadia.ca.us.
ma, Community Development Administrator
Attachments: Aerial Photo and Vicinity Map
Radius Map
Plans
Photos
Planning Division Policy No. 1
Resolution No. 1694
Staff Report for CUP 03-06 and ADR 02-41
Preliminary Exemption Assessment
CUP 08-17
1038-1088 S. Baldwin Avenue
December 9, 2008 - page 7
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Courtyard area between bank and restaurant
Shared parking lot at rear
CITY OF ARCADIA PLk~ING DEPAR~1ENT
PLANNING DIVISION
POLICY' ADMINISTRATION
POLICY NO. 1
SUBJECT: "RESERVATION" OF REQUIRED PARKING SPACES
EFFECTIVE DATE: April 1, 1983
PURPOSE: To prohibit the reduction of required parking spaces
available to the general public ,
BACKGROUND: The marking of "reserved" or the posting of "valet parking
only" signs, etc. within required parking areas has the
net effect of removing such spaces from use by. the general
public. This could result in insufficient spaces remaining
for other uses which share the same parking area.
POLICY: "Required" parking spaces are not pennitted to be "reserved"
for certain uses. Such spaces must not be blocked off,
reserved, signed or marked for exclusive occupancy by any
single use (unless there is only one use on the site).
WRITTEN BY:
W. Woolard
APPROVED: W. Woolard
~
RESOLUTION NO. 1694
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE
PERMIT NO. CUP 2003-006 AND APPROVING ARCHITECTURAL
DESIGN REVIEW NO. ADR 2002-041 TO BUilD AND OPERATE
A TWO-STORY, 3,300 SQUARE FOOT RESTAURANT WITH A
DINING CAPACITY OF 60 PEOPLE, AND WITH BEER AND WINE
SERVICE WITH MEALS AT 1038 SOUTH BALDWIN AVENUE.
WHEREAS, on April 14, 2003, a Conditional Use Permit application was
filed by Mr. Frank Yang to build and operate a two-story, 3,300 square foot
restaurant with a dining capacity of 60 people, and with beer and wine service with
meals; Development Services Department Case Nos. CUP 2003-006 and ADR
2002-041, at 1038 South Baldwin Avenue, more particularly described in the
attached Exhibit "A"; and
WHEREAS, a public hearing was held on June 10, 2003, 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 HEREBY RESOLVES AS FOllOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the attached report dated June 10, 2003 are true and
correct.
SECTION 2. This Commission finds:
1. That the granting of the Conditional Use Permit will not be detrimental
to the public health or welfare, nor injurious to the property or improvements in the
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 subject property is designated for commercial use in the
General Plan, that the proposed use 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 evaluation of the environmental impacts as set forth in the
Initial Study is appropriate and that the project will have no significant 'effect upon
the environment within the meaning of the California Environmental Quality Act of
1970, and, when considering the project as a whole, there was no evidence before
the City that the proposed project would have any potentially adverse effect on
wildlife resources or the habitat upon which wildlife depends, and therefore, a
Negative Declaration was adopted.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 2003-006 and approves Architectural Design
Review No. ADR 2002-041 to build and operate a two-story, 3,300 square foot
restaurant with a dining capacity of 60 people, and with beer and wine service with
meals at 1038 South Baldwin Avenue, subject to the following conditions:
1. The restaurant and the site shall be improved, operated and
maintained in manners that are consistent with the proposal and plans (e.g., two-
story, 3,300 square foot restaurant with seating for 60 diners, with beer and wine
service with meals) submitted and conditionally approved for CUP 2003-006
and/or ADR 2002-041, subject to the satisfaction of the Development Services
Director.
2. The business hours for the restaurant are limited to a maximum of 16
hours per day, and the restaurant is prohibited from being open between 12:00
midnight and 6:00 a.m.
3. This approval of CUP 2003-006 includes the following two (2) Parking
Modifications, which are approved only for the . specific combination of uses
approved by CUP 2003-006 (Le., a 3,300 square foot restaurant and a 5,130
square foot bank) and not for the buildings and/or site in general:
-2-
1694
A. 64 parking spaces with the five (5) spaces closest to the automatic-
teller-machines (ATMs) to be labeled, "BANK CUSTOMERS ONLY" in lieu of all
64 spaces to be shared without restrictions by the bank and restaurant (AMC
Secs. 9269.4 and 9269.5)
B. 55-degree angled, 9-foot wide by 18-foot deep parking stalls with 14'-
8" wide one-way aisles in accordance with the Recommended Guidelines for
Parking Geometrics per the Parking Consultants Council, National Parking
Association in lieu of the City's standards for commercial parking (Le., 45- or 60-
degree angled, 9-foot wide by 20-foot deep parking stalls with, respectively, 15'-8"
wide or 20'-0" wide, one-way aisles - AMC Sec. 9269.7.1)
4. Delivery activities are prohibited from 11 :00 p.m. to 7:00 a.m.
5. The restaurant is not to be a "food factory" at which food is pre-
prepared for delivery to other restaurants.
6. The remodeled south elevation of the bank building and the final
courtyard and water feature designs are to be reviewed through separate
Architectural Design Reviews and approved by the Community Development
Administrator.
7. The street trees in the Baldwin Avenue and Arcadia Avenue rights-of-
way adjacent to the subject property shall be retained or replaced as determined
to be necessary to the satisfaction of the Public Works Services Director.
8. The construction plans shall include grading and drainage plans, and
a separate erosion control plan, both to be prepared by a registered civil engineer
and subject to approval by the City Engineer. Cost estimates for any
improvements in a public right-of-way (e.g., a new sewer lateral, new water
service, reconstruction and/or abandonment of driveways, sidewalks, curb and
gutter, etc.) shall be submitted to the City Engineer for approval, and shall be
constructed to the satisfaction of the City Engineer and Public Works Services
Director.
9. The final landscaping, irrigation and planting plans are to be prepared
with consultation from the City's Landscape Architect, are to be plan checked by
-3-
1694
the City's Landscape Architect, and are subject to review and approval by the
Community Development Administrator.
10. The final designs for the decorative colored pavers to be used to
highlight the vehicular driveways and pedestrian paths-of-travel shall be subject to
review and approval by the Community Development Administrator.
11. 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.
12. Noncompliance with the plans, provisions and conditions of approval
for CUP 2003-006 and/or ADR 2002-041 shall be grounds for immediate
suspension and/or revocation of any approvals, which shall result in suspension of
construction and/or the operation of the restaurant.
13. Approval of CUP 2003-006 and/or ADR 2002-041 shall not take effect
until the property owner and applicant have executed and filed the Acceptance
Form available from the Development Services Department to indicate awareness
and acceptance of the conditions of approval, and that all conditions of approval
shall be satisfied prior to final inspection and issuance of a Certificate of
Occupancy for the restaurant.
SECTION 4. The decision, findings, and conditions of approval
contained in this Resolution reflect the Planning Commission's action of March 25,
-4-
1694
2003 to grant Conditional Use Permit No. CUP 2003-003 and approve
Architectural Design Review No. ADR 2002-041, by the following vote:
AYES: Commissioners Baderian, Hsu, Lucas, Wen, and Olson
NOES: None
SECTION 5. The Secretary shall certify to the adoption of this
Resolution.
I HEREBY CERTIFY that this Resolution No. 1694 was adopted at a
regular meeting of the Planning Commission held on July 8, 2003, by the following
vote:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Lucas, Wen, and Olson
None
Commissioner Baderian
~ j(. ill
Chairman, Planning Commission
City of Arcadia
A TTE8T;~/ ._ /~
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~ >/. .:eP-:';'?"L-. ;/;&L::.-~ =-_ ~ ~
Secretary, Planning 6mmission
City of Arcadia
\
APPROVED AS TO FORM:
~p.J~
Step en P. Deitsch, City Attorney
City of Arcadia
-5-
1694
EXHIBIT 'A'
Legal Description -1038 South Baldwin Avenue
Lot 38, of Tract No. 3430, in the City of Arcadia, County of Los Angeles, State of
California, as per map recorded in Book 42, Page(s) 32 of Maps, in the Office of
the County Recorder of Said County.
Except the westerly 15 feet, measured at right angles to the westerly line of said
Lot, as granted to the City of Arcadia by deed recorded August 6, 1954, in Book
45261, Page 384, Official Records, for Street and Highway purposes.
Also except therefrom the northerly 30 feet, measured at right angles to the
northerly lot line of Lot 38, of Tract 3430, as per map recorded in Book 42, Page
32 of Maps, in the Office of the County Recorder of Said County.
Also except the westerly 15 feet, as measured at right angles to the westerly lot
line of said Lot 38, as granted to the City of Arcadia, by deed recorded January 6,
1961, as Instrument No. 3341.
EXHIBIT 'A'
-6-
1694
STAFF REPORT
Development Services Department
June 10, 2003
TO: Arcadia City Planning Commission
FROM: Donna L. Butler, Community Development Administrator
By: James M. Kasama, Senior Planner
SUBJECT: Conditional Use Permit Application No. CUP 2003-006 and Architectural
Design Review No. ADR 2002-041 to build and operate a two-story,
3,300 square foot restaurant with a dining capacity of 60 people, with
beer and wine service with meals at 1038 S. Baldwin Avenue.
SUMMARY
Conditional Use Permit Application No. CUP 2003-006 and Architectural Design Review
No. ADR 2002-041 are to build and operate a two-story, 3,300 square foot restaurant
with a dining capacity of 60 people, with beer and wine service with meals at 1038 S.
Baldwin Avenue. The new restaurant would be next door to the Wells Fargo Bank at
Baldwin Avenue and Arcadia Avenue.
This Conditional Use Permit Application is a revision to the restaurant that was
proposed under Conditional Use Permit Application No. CUP 2003-003. This revised
proposal has reduced the size of the proposed restaurant from 4,400 square feet to
3,300 square feet, and reduced the dining capacity from 82 people to 60 people. By
reducing the size of the proposed restaurant by 1,100 square feet, the expanded
parking lot proposed in conjunction with the new restaurant will provide the 64 parking
spaces and one loading zone required for the new restaurant and the existing bank.
The Development Services Department is recommending approval of Conditional Use
Permit Application No. CUP 2003-006 and Architectural Design Review No. ADR 2002-
041, subject to the conditions listed in this report.
GENERAL INFORMATION
APPLICANT: Mr. Frank Yang
LOCATION: 1038 S. Baldwin Avenue
REQUEST: A Conditional Use Permit, Architectural Design Review, and Parking
Modifications to build and operate a two-story, 3,300 square fo'ot
restaurant with a dining capacity of 60 people, with beer and wine
service with meals.
SITE AREA: Approximately 37,100 square feet (0.85 acre)
STREET FRONTAGES:
Approximately 111 feet along S. Baldwin Avenue
Approximately 338 feet along Arcadia Avenue
EXISTING LAND USE:
The site is developed with a 5,130 square foot bank and 35 on-site
parking spaces.
GENERAL PLAN DESIGNATION:
Commercial with a maximum f1oor-area-ratio (FAR) of 50 percent
ZONING DESIGNATION:
C-2 - General Commercial
SURROUNDING LAND USES AND ZONING:
North:
South:
East:
West:
Bowling Alley and Cocktail Lounge - zoned C-2
Baldwin Plaza commercial center - zoned C-2
Supermarket and shopping center - zoned C-2
Neighborhood commercial center - zoned C-2
BACKGROUND
This Conditional Use Permit Application is a reVISion to the restaurant that was
proposed under Application No. CUP 2003-003. That proposal was for a 4,400 square
foot restaurant, and required a Parking Modification for 65 spaces in lieu of 75 required
for the combination of the proposed restaurant and the existing bank.
The Planning Commission approved Conditional Use Permit No. CUP 2003-003, but as
a condition of approval, the business hours are limited to dinner service only. The
lunchtime business hours were excluded because of inadequate parking. It was
determined that the requested parking space deficiency would worsen the existing
parking problems in the area.
The applicant appealed to the City Council the' condition of approval that excludes
lunchtime hours. The City Council denied the appeal and sustained the Planning
Commission's conditional approval.
CUP 2003-006 and ADR 2002-041
June 10,2003
Page 2
The proposal submitte<;f for Conditional Use Permit Application No. CUP 2003-0.06 has
reduced the size of the proposed restaurant from 4,400 square feet to 3,300 square
feet, and reduced the dining capacity from 82 people to 60 people. By reducing the size
of the proposed restaurant by 1,100 square feet, the expanded parking lot proposed in
conjunction with the new restaurant will provide the 64 parking spaces and one loading
zone required for the new restaurant and the existing bank.
PROPOSAL AND ANALYSIS
The proposal is to build a new two-story, 3,300 square foot restaurant with seating for
60 diners, and includes beer and wine service with meals. The proposal will re'move the
large overhang that covers the former entry area on the south side of the bank to make
room for the new restaurant. A new courtyard with a water feature will be provided
between the two buildings. The parking lot will be redesigned and expanded to provide
a total of 64 on-site parking spaces and one loading zone. The proposal will result in a
total of approximately 8,430 square feet of floor area (5,130 square foot bank and 3,300
square foot restaurant) that will result in a f1oor-area-ratio (FAR) of approximately 23
percent of the site (8,430 sq. ft. / 37,100 sq. ft. = 22.7%). A Conditional Use Permit is
required for a restaurant by Arcadia Municipal Code (AMC) Section 9275.1.53~5. The
proposed hours for the restaurant are as follows:
Mondays - Fridays
Saturdays and Sundays
11 :00 a.m. to 2:30 p.m. and 5:00 p.m. to 10:00 p.m.
10:00 a.m. to 2:30 p.m. and 5:00 p.m. to 10:00 p.m.
This proposal includes the required number of parking spaces for both the proposed
restaurant (10 'spaces per 1,000 sq. ft.) and the existing bank (6 spaces per 1,000 sq.
ft.). Therefore, staff does not think it is necessary to restrict the business hours except
as required for walk-in businesses on property that is within 150 feet of residentially
zoned property (AMC Secs. 9263.1.2 and 9275.1.53.7). These restrictions are that
such businesses not be open more than 16 hours per day or between 12:00 midnight
and 6:00 a.m.
The proposed parking plan requires the following two Parking Modifications:
A. 64 parking spaces with the five (5) spaces closest to the automatic-teller-machines
(ATMs) to be labeled, "BANK CUSTOMERS ONLY" in lieu of all 64 spaces to be
shared without restrictions by the bank and restaurant (AMC Secs. 9269.4 and
9269.5)
B. 55-degree angled, 9-foot wide by 18-footdeep parking stalls with 14'-8" wide one-
way aisles in accordance with the Recommended Guidelines for Parking
Geometries per the Parking Consultants Council, National Parking Association in
lieu of the City's standards for commercial parking (Le., 45- or 60-degree angled, 9-
foot wide by 20-foot deep parking stalls with, respectively, 15'-8" wide or 20'-0"
wide, one-way aisles - AMC Sec. 9269.7.1)
CUP 2003-006 and ADR 2002-041
June 10, 2003
Page 3
Parkina Modification ,'A'
This proposal does not request a Modification for a parking space deficiency. This
Modification request is to allow the five (5) spaces closest to the A TMs to be labeled for
,"BANK CUSTOMERS ONLY". This will provide some on-site parking for the A TM users
at all hours, which is needed because of the high demand' for curbside parking on
Arcadia Avenue.
The existing bank can be especially busy during paydays and on weekday evenings just
before their 6:00 p.m. closing time. Also, the surrounding uses (i.e., bowling alley,
supermarket, and Baldwin Plaza) and their cumulative parking deficiencies, which are
as follows, are causing parking problems at the subject property:
Use
Bowling Alley and Cocktail Lounge
Supermarket and shopping center
Baldwin Plaza shoooina center
Totals
Parking
Required
230
373
150
753
Parking
Provided
95
195
135
425
Parking
Deficiency
135
178
15
328
The lack of a physical barrier between the subject property and the surrounding uses
allows for the unintended sharing of the parking lots. Recently, when the supermarket
opened to the east of the subject property, the bank hired a security guard to monitor
their parking lot during their business hours. This has alleviated th~ bank's parking
problem, but in the evenings after the bank closes, patrons of the surrounding uses still
use the bank's parking lot. To reduce and discourage the use of the parking lot by
customers of other businesses in the area, this proposal, includes a six-foot tall
decorative wrought-iron fence (with landscaping) along the south and east property
lines of the subject property. Staff is not recommending that the restaurant hire a
security guard to monitor the parking lot because this proposal provides for the required
number of parking spaces.
In preparing the prior Conditional Use Permit Application (No. CUP 2003-003) the
applicant had an independent parking consultant (Walker Parking Consultants) survey
of the use of the existing bank parking lot during the week of February 24, 2003. The
results are attached. The survey indicates that during the proposed lunch hours, there
was an average of 16 parking spaces available. This indicates that the proposed 64-
space parking lot will adequately serve the proposed restaurant and the existing bank.
Parkina Lot Desian - Parkina Modification 'B'
The proposed parking lot is not designed in accordance with the City's standards for
commercial parking (AMC Sec., 9269.7.1). Rather, the design is based on the
Reeommended Guidelines for Parking Geometrics per the Parking Consultants Council,
National Parking Association. A copy of these standards is attached, and they were
CUP 2003-006 and ADR 2002-041
June 10,2003
Page 4
suggested by the City's Traffic Engineer as a way to increase the number of parking
spaces that could be provided on this site without having to use compact spaces.
The proposed parking lot utilizes 55-degree angled, 9-foot wide by 18-foot deep parking
stalls with 14'-8" wide one-way aisles in lieu of either 45- or 60-degree angled, 9-foot
wide by 20-foot deep parking stalls with, respectively, 15'-8" wide or 20'-0" wide, one-
way aisles as stipulated by the City's parking standards for commercial uses.
The parking lot for this proposal includes a 10' x 25' loading zone as required by Arcadia
Municipal Code Section 9269.10 for a use involving the receipt or distribution by
vehicles of materials or merchandise incidental to carrying on its activity. The loading
zone is required because restaurants receive food and supplies from wholesalers.
The applicant has stated that in addition to receiving food and supplies from
wholesalers, -the kitchen in the proposed restaurant _ will be used to pre-prepare large
batches of certain dishes to be served at his existing Din Tai Fung Restaurant in the
, Baldwin Plaza adjacent to the subject property, and eventually for delivery to other new
restaurants that the applfcant hopes to establish in other communities. However, the
pre-preparing of food for delivery to other restaurants is not an allowed use in the C-2,
General Commercial Zone. The proposed restaurant is not to be a "food factory".
Because there is' an apartment complex nearby to the northeast across Arcadia
' Avenue, staff thinks that delivery activities should not occur late at night, or early in the
morning. Staff recommends that deliveries be prohibited from 11 :00 p.m. to 7:00 a.m.
Architectural Design Review
Concurrent with the consideration of the Conditional Use Permit, the Planning
Commission may approve, conditionally approve, or disapprove the applicant's
architectural design concept plans.
This proposal does not significantly alter the architectural design of the building that was
proposed under Conditional Use Permit Application No. CUP 2003-003. Narrowing of
the building behind the round feature that will face Baldwin Avenue has reduced the size
of the proposed restaurant by '1 ,100 square feet, and reduced the dining capacity from
82 people to 60 people. The narrowing of the building also results in a wider courtyard
between the proposed restaurant and the existing bank.
The proposed design is contemporary. The building is shaped to. complement the
adjacent buildings. The boxy shape of the restaurant is based on the shape of the
existing bank building to the north, and a round feature is included on the Baldwin
Avenue side of the restaurant to complement the round towers at the Baldwin Plaza to
the south. The round feature that accents the Baldwin Avenue elevation is intended to
resemble the container used to steam and serve dumplings; the applica~t's specialty.
CUP 2003-006 and ADR 2002-041
June 10, 2003
Page 5
The east elevation, which will face the parking lot, and which is anticipated to be the
primary entrance to the restaurant, is accented by a modern oriental lantern-like feature
through which the customers will enter the restaurant. The east side of the building also
has large recesses to resemble the shape of the bank building.
The existing large overhang that covers the former entry area, on the south side of the
bank will be removed to make room for the restaurant and new courtyard. A water
feature will be the focus of the courtyard. The remodeled south elevation of the bank
building and the actual courtyard and water feature designs will be subject to separate
Architectural Design Reviews.
The restaurant will be set back a minimum of five feet from the Baldwin Avenue property
line to provide space for landscaping. There will be minimal setback along the southerly
property line, which is adjacent to the rear of the northerly Baldwin Plaza building. This
will screen the rear service area of that building. The proposed parking lot will be
landscaped in accordance with the City's regulations for parking lot landscaping, and
staff recommends that the final landscaping plans be prepared with consultation from
one of the City's Landscape Architects.
The proposed parking lot includes decorative pavers at the driveway entries (this was
inadvertently omitted from the easterly driveway) and at the pedestrian point of access.
The signs shown on the proposed restaurant plans are conceptual. The actual sign
designs are required to be approved through separate design reviews, and will be
required to cqmply with the City's Sign Regulations and Architectural Design Guidelines.
Staff's opinion is that the design of the proposed restaurant provides substantial
architectural relief, will be visually harmonious with surrounding developments, and finds
the proposed architectural design concept to be in compliance with the City's
Architectural Design Review Regulations. Colors and materials sample boards are
available for review.
Other Code Requirements
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, fire prevention, detection, suppression, emergency access, transportation and
parking provisions, water supply and facilities, trash reduction and recycling
requirements, and NPDES measures shall be complied with to the satisfaction of the
Building Official, Fire Marshall, Public Works Services Director and Development
Services Director. In addition, the restaurant will have to comply with the County
Environmental Health Department's regulations for restaurants, and the City's
requirements for the posting of Health Department inspection grades and results.
Compliance with these requirements will be determined by having fully detailed
construction and tenant improvement plans submitted for plan check review and
approval.
CUP 2003-006 and ADR 2002-041
June 10,2003
Page 6
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 welfar~ 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.
CEQA
Pursuant to the provisions of the California Environmental Quality Act (CEQA) the
Development Services Department has prepared an Initial Study for the proposed
project. Said Initial Study did not disclose any substantial or potentially substantial
adverse change in any of the physical conditions within the area affected by the project
including land, air, water, minerals, flora, fauna, ambient noise and objects of historical
or aesthetic significance. When considering the record as a whole, there is no evidence
that the proposed project will have any potential for adverse effect on wildlife resources
or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has
been prepared for this project.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 2003-006 and Architectural Design Review No. ADR 2002-
041 subject to the following conditions:
1. The restaurant and the site shall be improved, operated and maintained in manners
that are eonsistent with the proposal and plans (e.g., two-story, 3,300 square foot
restaurant with seating for 60 diners, with beer and wine service with. meals)
CUP 2003-006 and ADR 2002-041
June 10,2003
Page 7
submitted and conditionally approved for CUP 2003-006 and/or ADR 2002-041,
subject'to the satisfaction of the Development Services Director.
2. The busines.s hours for the restaurant are limited to a maximum of 16 hours per
day, and the restaurant is prohibited from being open between 12:00 midnight and
6:00 a.m.
3. This approval. of CUP 2003-006 includes the following two (2) Parking
Modifications, which are approved only for the specific combination of uses
approved by CUP 2003-006 (i.e., a 3,300 square foot restaurant and a 5,130
square foot bank) and not for the buildings and/or site in general:
A. 64 parking spaces with the five (5) spaces closest to the automatic-teller-
machines (ATMs) to be labeled, "BANK CUSTOMERS ONLY" in lieu of all 64
spaces to be shared without restrictions by the bank and restaurant (AMC
Sees. 9269.4 and 9269.5)
B. 55-degree angled, 9-foot wide by 18-foot deep parking stalls with 14'-8" wide
one-way aisles in accordance with the Reeommended Guidelines for Parking
Geometries per the Parking Consultants Council, National Parking Association
in lieu of the City's standards for commercial parking (Le., 45- or 60-degree
angled, 9-foot wide by 20-foot deep parking stalls with,'respectively, 15'-8" wide
or 20'-011 wide, one-way aisles - AMC Sec. 9269.7.1)
4. Delivery activities are prohibited from 11 :00 p.m. to 7:00 a.m.
5. The restaurant is not to be a IIfood factory" at which food is pre-prepared for
delivery to other restaurants.
6. The remodeled south elevation of the bank building and the final courtyard and
water feature designs are to be reviewed through separate Architectural Design
Reviews and approved by the Community Development Administrator.
7. The street trees in the Baldwin Avenue and Arcadia Avenue rights-of-way adjacent
to the subject property shall be retained or replaced as determined to be necessary
to the satisfaction of the Public Works Services Director.
8. The construction plans shall include grading and drainage plans, and a separate
erosion control plan, both to be prepared by a registered civil engineer and subject
to approval by the City Engineer. Cost estimates for any .improvements in a public
right-of-way (e.g., a new sewer lateral, new water service, reeonstruction and/or
abandonment of driveways, sidewalks, curb and gutter, etc.) shall be submitted to
the City Engineer for approval, and shall be constructed to the satisfaction of the
City Engineer and Public Works Services Director.
CUP 2003-006 and ADR 2002-041
June 10, 2003
Page 8
9. . The final landscaping, irrigation and planting plans are to be prepared with
consultation from the City's Landscape Architect, are to be plan checked by the
City's Landscape. Architect, and are subject to review and approval by the
Community Development Administrator.
10. The final designs for the decorative colored pavers to be used to highlight the
vehicular driveways and pedestrian paths-of-t~avel shall be subject to review and
approval by the Community Development Administrator.
11. 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, inoluding 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.
12. Noncompliance with the plans, provisions and conditions of approval for CUP 2003-
006 and/or ADR 2002-041 shall be grounds for immediate suspension and/or
revocation of any approvals, which shall result in suspension of construction and/or
the operation of the restaurant.
13. Approval of CUP 2003-006 and/or ADR 2002-041 shall not take effect until the
property owner and applicant have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness and
acceptance of the conditions of approval, and that all conditions of approval shall be
satisfied prior to final inspection and issuance of a Certificate of Occupancy for the
restaurant.
PLANNING COMMISSION ACTION
Approval
The Planning Commission should move to adopt the Negative Declaration,state
the supporting findings, and direct staff to prepare a resolution incorporating the
Commission's decision, specific findings and conditions of approval.
CUP 2003-006 and ADR 2002-041
June 10, 2003
Page 9
Denial
If the Planning Commission intends to deny this project, the Commission should move
for' denial and direct staff to prepare a resolution incorporating 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 10, 2003 public hearing, please contact Jim
Kasama at (626) 574-5445.
a L. Butler
Community Development Administrator
Attachments: Vicinity Map
Aerial Photo and Zoning Map
Plans
Parking Survey
Reeommended Guidelines for Parking Geometries
Negative Declaration and Initial Study
CUP 2003-006 and ADR 2002-041
June 10, 2003
Page 10
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 08-17 to revise a previously approved Conditional Use Permit and
parking modification (CUP 03-06 I Resolution No. 1694) for a 3,300 square-foot restaurant and 5,130 square-
foot bank with a 64-space shared-parking area at 1038-1088 S. Baldwin Avenue. The applicant is seeking to
modify the number of parking spaces designated for exclusive use by the bank from five (5) to forty (40).
2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7Y2' topographical map identified by quadrangle name):
1038-1088 S. Baldwin Avenue (at Arcadia Avenue)
3. Entity or person undertaking project:
o A. City of Arcadia
[gI B. Other (Private)
(1) Name: Frank Yana (Tripod Properties LLC)
(2) Address: 1088 S. Baldwin Avenue
Arcadia. CA 91007
(3) Phone: (626) 303-2135
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. 0
b. 0
c. 0
d. 0
e. [gJ
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