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Home My WebLink About1214 . . . ,', ~ RESOLUTION NO. 1214 A RESOLUTION OF THE PLANNING CO~!MISSION OF THE CITY OF ARCADIA GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CHANGE IN USE OF AN EXISTING TAKE-OUT FOOD ESTAB- LISHMENT AT 922 SOUTH BALDWIN AVENUE (DBA TOUCH OF CLASS GOURMET DELI), WHEREAS, on November 22, 1982, Nicaled Enterprises, Inc, (dba Touch of Class Gourmet Deli) filed an application for an eating estab" lishment, Planning Department Case No, C.U.P. 82-17, on property commonly known as 922 South Baldwin Avenue, more particularly described as follows: A portion of Lot 1, in Tract No. 3430, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 42, Page 32, of Maps in the Office of said County Recorder. WHEREAS, a public hearing was held on December 14, 1982 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 Planning Depart- ment in the attached report is true and correct. Section 2. This Commission finds that: 1. The granting of Conditional Use Permit as hereinafter provided will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. The use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. - 1 - 1214 . . . 3. The site for the proposed use is adequate in size and shape to accommodate said use including all yards, parking, loading, circulation and other features required to adjust said use with the land and uses in the neighborhood. 4. The site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. The granting of such Conditional Use Permit will not adversely affect the General Plan. 5. The use applied for will not have a substantial adverse impact on the environment. Section 3. That for the foregoing reasons, subject to the approval of the City Council, this Commission grants a Conditional Use Permit for the operation of an eating establishment upon the following conditions: 1. That the eating area (square footage) shall not be enlarged beyond the area shown on the floor plan on file in the Planning Depart- ment. Any change in design shall be subject to the review and approval of the Planning Department. 2. That there shall be <. maximum of four square (24'x24") tables with twelve chairs. 3. That a modification is granted allowing 33 parking spaces in lieu of 52 spaces required. 4. That a modification is granted permitting the deletion of commercial landscaping requirements: 3% of the parking area shall be landscaped, one tree for every 10 parking spaces or any fraction thereof, a 5'-3' wide landscaped buffer adjacent to the residentially zoned pro- perty to the east and a 5'-3" wide landscaped buffer between the parking area and the public street (9269.13). - 2 - 1214 5. That a trash enclosuTe be constructed so that refuse shall be . completely screened from public view. The enclosure shall consist of three sides of six-foot high masonry walls (9263.6.6). Location of enclo- sure shall be subject to review and approval of the Planning Department. 6. That this approval shall not constitute an approval for a gen- eral reduction in parking for the total site. That any modification granted for parking shall only be for the use approved by C.U.P. 82-17. 7. That C.U.P. 82-17 shall not take effect until the owner and applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. Section 4. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing resolution was adopted at a . regular meeting of the Planning Commission held on the 11th day of January, 1983 by the following vote: AYES: NOES: Commissioners Dixon, HARBICHT, Jahnke, Kirkpatrick, Kuyper, Sargis, Fee None ABSENT: None ABSTAIN: None ATTEST: u"-p'~" Chairman - ~~~ cretary . - 3 - 1214 '. . DECEMBER 14, 1982 . . TO: FROM: CASE NO.: PREPARED BY: GENERAL INFORMATION APPLICANT: LOCATION: REQUEST: MODIFICATIONS: EXISTING LAND USE & ZONING: ;;;>--! t CITY OF ARCADIA PLANNING COMMISSION PLANNING DEPARTMENT CONDITIONAL USE PERMIT 82-17 CORKRAN W. NICHOLSON ASSISTANT PLANNER Nicaled Enterprises, Inc. (dba ;;TOUCH OF CLASS' Gourmet Deli) 922 South Baldwin Avenue A Conditional Use Permit to allow a change in use of an existing take-out food establishment (no tables) to an eating establishment (4 tables, 12 chairs). A. 33 on-site parking spaces in lieu of 52 spaces required (9269.5). B. Deletion of commercial landscaping requirements: 3% of the parking area shall be landscaped, one tree for every 10 parking spaces or any fraction thereof, a 5'-3;; wide landscaped buffer adjacent to the residentially zoned pro- perty to the eas t and as' -3'" wide landscaped buffer between the parking area and the public street (9269.13). C. Deletion of outside storage refuse which requires refuse to be screened from public view by an enclosure of which three sides shall consist of six-foot high masonry walls (9263.6.6); The subject site is developed with several retail businesses and a general office: zoned C-2 Page 1 . SURROUNDING LAND USE & ZONING: NO,rth: South: East: West: Retail uses; zoned C-2. and a parking lot; zoned PR-3 Retail uses; zoned C-2 & H Parking lot; zoned PR-3 Retail uses; zoned C-2 LOT AREA: Approximately 18,860 square feet (.43 acres) FRONTAGE: 89.91' on Baldwin Avenue 210.72' on Fairview Avenue GENERAL PLAN DESIGNATION: Commercial BUILDING & SITE INFORMATION The existing commercial buildings were constructed in 1961. There are two separate buildings; a 5,390 ~ square foot building fronting on Baldwin Avenue and a 1,415~ square foot building fronting on Fairview Avenue (see attached site plan for the breakdown of uses and square footage) . PROPOSAL/ANALYSIS . The applicant is requesting that four tables (24Ix24") and twelve chairs. which recently have been placed within the existing establishment, be permitted to remain. The addition of the tables changes the use to an eating establishment which requires an approved Conditional Use Permit, Thirty-three parking spaces are required for the existing office and retail businesses (5,615 square feet of retail @ 5 parking spaces per 1001 square feet of gross floor area, and 1190 square feet of office @ 4 parking spaces per 1001 square feet of gross floor area). There exist 33 on-site parking spaces. The proposed change in use will result in an increase in the off-street parking requirement of thirty-three parking spaces to fifty-two spaces. The proposed eating establishment would require 25 spaces; 1245 square feet @ 20 parking spaces per 1001 square feet of gross floor area. The site does not comply with the present landscaping requirements for a commercial lot as the aforementioned modifications note, and presently there does not exist a trash enclosure; however an enclosure could be placed at the northeast corner of the site. An eating establishment is a permitted use in the C-2 zone with an approved Conditional Use Permit. It is staff's op~n~on that the applicant's request would not be detri- mental to the site or its surrounding properties and that the addition . C.U.P. 82-17 12/14/82 Page 2 would not increase the business currently operation, but will serve as a convenience . of the tables and chairs generated by the presert for patrons. Attached for your information are the site plan and the floor plan. Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has preFared 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. Therefore, a Negative Declaration has been prepared for this project. Before the Planning Commission takes action on this project, they should "move to approve and file the Negative Declaration, and find that the project will not have a significant effect on the environment". RECO~lENDA TI ON The the 1. . 2. 3. Planning Department recommends approval of C.U.P. 82-17 subject to following conditions: That the eating area (square footage) shall not be enlarged beyond the area shown on the floor plan on file in the Planning Depart- ment. Any change in design shall be subject to the review and approval of the Planning Department. That there shall be a m8ximum c,f four square (24"x24") tables with twelve chairs. That this arproval shall not constitute an approval for a general reduction in parking for the total site, That any modification grante~ for parking shall only be for the use approved by C.U.P. 82-17. That a modificatior. is granted allowing 33 parking spaces in lieu of 52 spaces reqcired. 4. That a trash enclosure ce constructed so that refuse shall be completely screened from Fublic view. The enclosure shall consist of three sid8S of six-foot high masonry walls (9263.6.6) Location of enclosure shall be subject to review ,and approval of the Planning Department. ' 5. That C.U.P. 82-17 shall nct take effect until the owner and applicant havt executed a form available at the Planning DepartmE,nt indicating awareness and acceptance of the ,conditions of approval. After taking action on this application, the Planning Commission should direct starf to prepare a resolution ror adoption at its next meeting. The Planrling Comrrission' s action shall not be final until adoFtion of the resolution. The appeal period for this action comffiences at the time the Cow-mission adopts said resolution (five ~orking days). . C.U.P. 82-17 12/14/82 Page 3