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