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HomeMy WebLinkAbout2070RESOLUTION NO. 2070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, 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 WEST NAOMI AVENUE, SUITE F WHEREAS, on October 14, 2019, an application for Conditional Use Permit No. CUP 19-17 was filed by Young Min Chung, on behalf of MKZ Global Corp. ("Applicant'), to allow the sale of beer and wine for on-site consumption within an existing 1,550 square foot unit within an existing commercial shopping center located at 815 W. Naomi Avenue, Suite F ("Project'); and WHEREAS, on December 21, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and determined that the Project is exempt under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and qualifies as a Class 1 Categorical Exemption under Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on January 26, 2021, a duly noticed public hearing was held before the Planning Commission on said application, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated January 26, 2021 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the Project 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 serve alcoholic beverages. The Project 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 uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. z FACT: 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 Project 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 Project 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. FACT: The existing restaurant is located within the Arcadia Hub commercial center with shared parking that adequately serves all the uses in the center. The Project 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 Project 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; 3 FACT: The existing restaurant will not be enlarged as part of the Project. The existing parking in the center is not anticipated to be impacted by the Project, 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; FACT: 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 site. The Project will not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: 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 Project has been reviewed by the Fire and Police Departments and no concerns were raised by either of the departments. In addition, the Project 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.). FACT: The existing restaurant is located within an existing commercial center. The center is adequately served by the existing utilities. The Project does not include new construction that will impact the provision of utilities, nor will it be operated in a manner 4 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. FACT: The Project 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 Project. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 19-17 to allow the Project, subject to the conditions of approval attached hereto. 5 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 2611 day of January, 2021. ATTEST: J. Lisa L. FI es Secretary APPROVED AS TO FORM: L. P Stephen P. Deitsch City Attorney Marilynne ilander Chair, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2070 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 26nd day of January, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Wilander, Vice Chair Lin, Chan and Thompson NOES: None ABSENT: None 7 Lisa L. Flores Secretary of th Planning Commission RESOLUTION NO. 2070 Conditions of Approval 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. 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. 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 against 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. 0