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HomeMy WebLinkAboutItem No. 1 CUP 19-17 815 W. Naomi Ave, Suite FDATE: January 26, 2021 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Luis Torrico, Senior Planner SUBJECT: RESOLUTION NO. 2070 – APPROVING CONDITIONAL USE PERMIT NO. CUP 19-17 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION WITHIN AN EXISTING FULL-SERVICE RESTAURANT AT 815 W. NAOMI AVENUE, SUITE F Recommendation: Adopt Resolution No. 2070 SUMMARY The applicant and business owner, Young Min Chung, on behalf of MKZ Global Corp , is requesting approval of Conditional Use Permit Application No. CUP 19-17 to allow the sale of beer and wine for on-site consumption (Type 41) within the existing full-service restaurant (d.b.a. Kokumi California Shabu) at 815 W. Naomi Avenue, Suite F. It is recommended that the Planning Commission adopt Resolution No. 2070 (Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 19-17, subject to the conditions listed in this staff report. BACKGROUND The subject tenant space is located within the Arcadia Hub Shopping Center that fronts Duarte Road, Baldwin Avenue, and Naomi Avenue. The existing 1,550 square foot restaurant is located on the west side of the center, adjacent to Vons supermarket. The restaurant has been in operation since August 2018. The zoning of this property is C-G, General Commercial – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property and surrounding properties. The property is surrounded by commercial properties to the west, east, north, and south with multi- family residentially zoned properties to the north and southwest. CUP 19-17 815 W. Naomi Avenue, Suite F January 26, 2021 Page 2 of 8 PROPOSAL The business owner of Kokumi California Shabu is requesting a Conditional Use Permit (CUP) to allow the sale of beer and wine for on-site consumption, a Type 41 (On-Sale of Beer and Wine) license from the California Department of Alcoholic Beverage Control (ABC). A Type 41 license allows the sale of beer and wine for consumption in association with a restaurant; the sale of distilled spirits is not allowed. The existing restaurant, currently has 32 seats (refer to Figure 2 & Attachment No. 3) and operates from 11:30 AM to 12:00 AM, daily. No interior remodeling or changes to the restaurant’s operations are proposed under this request. Therefore, due to the Covid-19 pandemic, and current ban on outdoor dining, the restaurant is currently closed. All Los Angeles County Health protocols will need to be followed while Covid-19 regulations are in effect. Figure 1 - Aerial of subject site Figure 2 – Floor Plan Entrance 815 W. Naomi Ave, Suite F CUP 19-17 815 W. Naomi Avenue, Suite F January 26, 2021 Page 3 of 8 ANALYSIS Per the City’s Development Code, a restaurant serving alcoholic beverages in the C-G Zone is subject to a CUP. The applicant will also need approval from ABC; however, ABC will only consider the license after the CUP is approved. The request is to only serve beer and wine during the restaurant business hours. No additional parking is required with the proposed request. The addition of alcohol sales will be an accessory use to the existing restaurant, similar to other existing restaurants in the center that serve alcohol. The application was reviewed by all applicable City Departments, including the Arcadia Police Department, and no concerns were raised with the current restaurant operation or proposed sale of alcoholic beverages. In addition, the restaurant and alcohol sales will be subject to compliance with the State Department of Alcoholic Beverage Control and the Los Angeles County Health Department. FINDINGS Section 9107.09.050 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the sale of beer and wine for on-site consumption in conjunction with a restaurant is consistent with the Commercial Land Use Designation of the site. The Commercial designation is intended to permit a wide range of commercial uses, which serve both neighborhood and citywide markets. The existing restaurant, which will offer the sale of alcohol with an ABC Type 41 License (beer and wine only), will be incidental and complementary to the food service that is already provided within this restaurant, and be consistent with the other restaurants at this center that also serves alcoholic beverages. The proposal will not adversely affect the comprehensive General Plan and is consistent with the following General Plan policy: Land Use and Community Design Element  Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. CUP 19-17 815 W. Naomi Avenue, Suite F January 26, 2021 Page 4 of 8 Facts to Support This Finding: The zoning of the site is C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows the sale of alcohol in conjunction with a restaurant with an approved CUP. The addition of beer and wine sales for on-site consumption to the existing restaurant will be consistent with other restaurants in the C-G zone, and will be compatible with the surrounding businesses in the Arcadia Hub commercial center and general area. No additional parking, from what is existing, will be required as there is no change in use. Therefore, the sale of beer and wine sales for on-site consumption will not impact the parking at the center, and will be compatible with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The existing restaurant is located within the Arcadia Hub commercial center with shared parking that adequately serves all the uses in the center. The proposed sale of beer and wine will be ancillary to the primary restaurant use and will serve to augment the overall dining experience, which will be similar to other restaurants offering similar amenities in the center and general area. Alcohol sales will be limited to the restaurant’s business hours, which consist of 11:30 AM to 12:00 AM, daily. Therefore, the proposed sale of beer and wine for on-site consumption in conjunction with the operation of a full service restaurant will be compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The existing restaurant will not be enlarged as part of the proposed sale of beer and wine. The existing parking in the center is not anticipated to be impacted by the proposed request, and no site improvements are proposed or required; therefore, no impacts are anticipated to the neighboring uses or properties. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The subject site is located along W. Naomi Avenue with access to the center from Duarte Road and W. Naomi Avenue. These streets are adequate in width and pavement type to carry the traffic generated by the existing restaurant and uses in the center, any other use that may occupy the site, and any emergency services that may need to access the CUP 19-17 815 W. Naomi Avenue, Suite F January 26, 2021 Page 5 of 8 site. The proposed sale of beer and wine for on-site consumption in conjunction with the operation of a full service restaurant will not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is developed with existing multi-tenant commercial buildings that comply with current safety requirements. No improvements to the restaurant or the site are proposed as part of this request. The proposed sale of beer and wine for on-site consumption has been reviewed by the Fire and Police Departments and no concerns were raised by either of the departments. In addition, the sale of beer and wine, and on-site consumption will be subject to compliance with the State Department of Alcoholic Beverage Control; therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The existing restaurant is located within an existing commercial center. The center is adequately served by the existing utilities. The request does not include new construction that will impact the provision of utilities, nor will it be operated in a manner that will impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The request to allow the sale of beer and wine for on-site consumption within an existing restaurant will be consistent with similar previously approved uses in the C-G zone. The sale and consumption of alcohol will be done in a manner that is safe for customers of the restaurant and will not adversely affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject site. The restaurant will also be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations. In addition, the Arcadia Police and Fire Departments have reviewed the application and did not have any concerns. Lastly, the property owner currently provides security of the site; therefore, no impacts are anticipated from the proposed sale of beer and wine for on-site consumption. CUP 19-17 815 W. Naomi Avenue, Suite F January 26, 2021 Page 6 of 8 ENVIRONMENTAL ANALYSIS It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on January 14, 2021. As of January 22, 2021, staff has not received any comments from the public. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2070 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 19-17 subject to the following conditions of approval: 1. The business shall be maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for CUP 19- 17, and shall be subject to periodic inspections. The approval is limited to only the sale of beer and wine for on-site consumption within the existing restaurant. 2. The business hours shall be limited to 11:30 AM to 12:00 AM, daily. Any changes to the hours of operations and/or the days, shall be subject to review and approval by the Planning & Community Development Administrator, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. No late hours are permitted with this approval. 3. Alcoholic beverage service shall be limited to beer and wine (ABC Type 41 License) and shall only be served during the approved hours of operation. No sales, service, and on-site consumption of beer and wine is permitted outside of interior walls of this unit under this approval. 4. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, and may subject to building permits. CUP 19-17 815 W. Naomi Avenue, Suite F January 26, 2021 Page 7 of 8 5. Noncompliance with the plans, provisions and conditions of approval for CUP 19- 17 shall be grounds for immediate suspension or revocation of any approvals, which could result in the termination of alcohol sales. 6. The Applicant/Property Owner shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and again st any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 7. Approval of CUP 19-17 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Planning & Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should pass a motion to approve Conditional Use Permit No. CUP 19-17, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2070 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should pass a motion to deny Conditional Use Permit Application No. CUP 19-17; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 26, 2021, hearing, please contact Senior Planner, Luis Torrico at (626) 574-5442 or by email at ltorrico@arcadiaca.gov. CUP 19-17 815 W. Naomi Avenue, Suite F January 26, 2021 Page 8 of 8 Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2070 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2070 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Site Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1986 20,172 0 BALDWIN ARCADIA CENTER LP Site Address: Parcel Number:5383-035-034 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 14-Jan-2021 Page 1 of 1 Adjacent Commercial Units Subject Site Subject Unit – Kokumi California Shabu Existing developments across the street from the Subject Site Vons Adjacent Commercial Units Center Parking Lot Across From Unit Attachment No. 3 Attachment No. 3 Site Plan and Floor Plan Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: A request to allow the sale of beer and wine for on-site consumption (Type 41) within the existing full-service restaurant (d.b.a. Kokumi California Shabu) with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 815 W. Naomi Avenue, Suite F (Naomi Avenue & S. Baldwin Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Young Min Chung, on behalf of MKZ Global Corp (2) Address 815 W. Naomi Ave., Suite F Arcadia, CA 91007 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15301(a) – Class 1 (Use of an existing facility) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency, which constitutes the Lead Agency. Name of Lead Agency: Date: January 26, 2021 Staff: Luis Torrico, Senior Planner