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Home My WebLink About1263 . PLANNING COMMISSION RESOLUTION NO. 1263 A RESOLUTION GRANTING CONDITIONAL USE PERMIT 84-11 FOR THE EXPANSION AND REMODELING OF AN EXISTING RESTAURANT AT 233 EAST HUNTINGTON DRIVE. WHEREAS, on May 22, 1984 an application was filed by the Derby Restaurant (Charles Sturniolol to add 2,133 square feet and a porte cochere to the existing restaurant, construct a two-car garage and storage building and redesign the parking lot, Planning Department Case No. C.U.P. 84-11, on property commonly known as 233 East Huntington Drive, more particularly described as follows: Lot 1, Block A, Tract 10898, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 189, Pages 42 and 43 of Maps, in the Office of said County Recorder. WHEREAS, a public hearing was held on June 12, 1984, 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 Department in the attached report 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. 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. . Page 1 1263 . 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive general plan. 6. The use applied for will not have a substantial adverse impact on the environment. Section 3. That for the foregoing reasons this Commission grants a Conditional Use Permit for the expansion and remodeling of the Derby Restaurant upon the following conditions: 1. The following shall be complied with to the satisfaction of the Director of Public Works. a. Dedicate a IS-foot radius corner cut-off at the northwesterly and northeasterly corners at the intersection of Huntington Orive and Third Avenue. b. Submit a grading and drainage plan showing flow lInes and elevations for approval by the Director of Public Works. c. The applicant shall obtain Encroachment Permits from Caltrans for the construction within State right-of-way of P.C.C. driveway aprons, full parkway width sidewalks, and ramps for . the handicapped at the northwesterly and northeasterly corners at the intersection of Huntington Drive and Third Avenue. d. Plant parkway trees and construct tree wells at locations to be determined by the Oirector of Public Works. 2, That fire safety shall be provided to the satisfaction of the Fire Chief. 3. The development shall provide for a minimum of 73 parking spaces. This shall be achieved by complying with Arcadia Municipal Code Section 9269.6 which states that required parking areas shall be located on the same lot or site, or on a lot or site contiguous thereto, or within one hundred fifty meters (150 M. = 495') of the building or land use which these facilities will serve. When required off-street parking spaces are provided on a separate lot from the main building or land use, there shall be recorded in the office of the County Recorder a covenant, in the form approved by . Page 2 1~3 . . . the City Attorney, that such owner or owners will continue to maintain such parking space as long as said building or land use is maintained. This covenant shall be executed and recorded prior to the issance of any building permits. 4. That the number and type of parkway trees along Huntington Drive and Third Avenue be subject to the review and approval of the Public Works and Planning Departments. 5. The design and color of the storage building on the east parking lot should be subject to the approval of the Planning Department and the Assistant City Manager for Economic Development. 6. That the 2,133 square foot addition to the Derby Restaurant be permitted subject to the condition that the applicant provide an appropriate Improvement Agreement with required financial and security commitments applicable to the easterly parking lot, subject to the approval of Planning, Economic Development and the Agency Counsel. Construction will not be permitted, other than striping and other amenities as necessary and approved by the Planning and Economic Development, pending the Agency's adoption of a Relocation Plan and finalization of a Development Plan or Developer's Agreement for the North Third area. The Agency shall endeavor to complete the planning process within two years from the date of the Planning Commission's approval. At the end of the two-year period the Derby shall have one year to complete all improvements, unless the Agency shall have finalized a plan for development of the area prior to the two-year period, in which event the Derby shall have one year from the date of written notification by the Agency that the Third Avenue Plan is complete and that the Derby easterly parking area is not part of such development. The security provided pursuant to the above Improvement Agreement shall be in an amount approved by Planning and Economic Development and shall be in effect shortly after City Page 3 1263 . . . approval of the Derby expansion for a period of three years, six months for the purpose of use by the Agency in the event the Derby fails to construct the easterly parking lot improvements per the approved plans. The Agency would pay the cost of such surety. 7. That the applicant agrees to comply with Arcadia Municipal Code Section 9260.4.7 at the time any adjacent utility pole is removed. All lateral utility lines servicing the building shall be placed underground and utility equipment shall be underground, within buildings, or enclosed within decorative solid screens or dense 1 andscapi ng. 8. That the parking lot at the northeast corner of Huntington Drive and Third Avenue shall have an 8'-0"wide landscape buffer along Huntington Drive plus an additional 39" wide landscape buffer shall be provi ded for the car overhang for a total wi dth of 11' -3" . Planter curbs shall be used in place of wheel stops. 9. That the existing mechanical equipment shall not be required to be screened from public view at this time. If no screening is provided, said mechanical equipment shall be kept painted the same color as the restaurant's second story. New mechanical equipment shall be required to be screened from public view. 10. That the site shall be maintained as per the plans on file in the Planning Department. The 930 square foot addition shall be used only for those uses stated on the approved floor plan, specifically a private office, storage, stairwell and kitchen expansion. 11. The following modifications shall be granted: A. Deletion of easterly side yard setback (Third Avenue) in lieu of 10'-0" required (9260.2.2.A.l. Page 4 1263 . . . B. 5'-0" front yard setback (Huntington Drive) in lieu of 10'-0" required for proposed porte cochere (9260.2.2.A.). C. 7.5t of restaurant site to be landscaped in lieu of lOt required -- 1,717 square feet in lieu of 2,299 square feet (9260.2.4.). Note that 1,200 square feet of landscaping will be provided under the car overhangs, which is not part of said 7.5t. D. 6.6t of parking lots site to be landscaped in lieu of lOt required -- 1,220 square feet in lieu of 1,850 square feet (9260.2.4. ). Note that 1,475 square feet of landscaping will be provided under the car overhangs, which is not part of said 6.6t. E. Existing free-standing signs to be approximately 110'-0" apart in 1 i eu of 200' -0" requi red. One si gn to be moved westward approximately 5'-0" (9260.3,5.C.). F. Existing free-standing signs to exceed maximum sign area of 200 square feet (9260.3.5.0.) G. 73 parking spaces in lieu of 81 spaces required (9269.5). 12. That C.U.P. 84-11 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 decision, findings and conditions contained in this Resolution reflect the Commission's action of June 12, 1984, and the following vote thereon: AYES: NOES: ABSENT: Commissioners Hedlund, Sargis, Szany, Wells, Jahnke None Commissioners Dixon, Fee Page 5 1263 _: ........ . Section 5. 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 10th day of July, 1984, by the following vote: AYES: Commissioners Dixon, Harbicht, Hedlund, Szany, Fee NOES: None ABSENT: Commissioners Wells, Jahnke ATTEST: . 1-'6 , Planning Commission ty of Arcadi a . I/;tJj/1A1L/;;~/L Secretary, Planning Commission Ci ty of Arcadi a . Page 6 1263 '. ",. ",'. . - .-0 ~ JUL Y 10, 1984 TO: FROM: CASE NO.: PREPARED BY: GENERAL INFORMATION APPLICANT: LOCATION: REQUE ST: LOT AREA: FRONTAGE: EX ISTING LAND USE & ZONING: SURROUNDING LAND USE & ZONING: GENERAL PLAN: ARCADIA CITY PLANNING COMMISSION PLANNING DEPARTMENT CONDITIONAL USE PERMIT 83-11 WILFRED E. WONG ASSISTANT PLANNER Lui s Buonsanti dba C & L Auto Body 132 West Las Tunas Drive Revision of C.U.P. 83-11 to delete condition of approval requiring concrete sidewalks and driveways on Las Tunas Drive and submittal of grading and drainage plan. Approximately 34,580 square feet (.79 acres) 147.71 feet along Las Tunas Drive, and 85.56 feet along Live Oak Avenue 900 square foot eating establishment and a building containing a 4,100 square foot automotive garage, 2,800 square foot warehouse and 2,000 square foot retail business; zoned C-M. North: Nursery School and si ngl e-family dwell i ngs; zoned C-O. Arcadia Wash and retail center; zoned C-l Automobile Garage and Mixed Commercial; zoned C-M Convalescent Hospital; zoned R-4 (Multiple- family (Temple City) West: East: Sou th: Commerci al . . . ., ; PROPOSAL ANALYSIS On June 14, 1983 the Planning Commission approved Conditional Use Permit 83-11 to allow the operation of an automotive garage at 132 West Las Tunas Drive. This approval was subject to several conditions, one of which was required by the Public Works Department to construct concrete sidewalKS and driveways on Las Tunas Drive and submit a grading and drainage plan. The applicant wishes to delete this condition of approval. In a memorandum to the Planning Department the Public WorKs Department states "The recommended conditions of approval made on June 2, 1983 to cover the subject C.U.P. are normal standard requirements for the elimination of existing deficiencies. No improvements are required for the Live Oak frontage and the Las Tunas parKway is paved with asphalt that extends east of the subject property. Should the Planning Commission decide to delete the conditions of approval requiring P.C.C. sidewalk, driveway aprons and the submittal of a grading and drainage plan, the Department of Public WorKs would have no objections, however, it should be recognized that said deletion will set a precedent." The applicant states that he has four years left on his lease, which has little chance of being renewed because the landlords are contemplating other possibilities for the property. Compliance with the Public Works requirement would create a financial hardship (find attached the applicant's letter which explains his position further) If the Planning Commission intends to take action to approve this revision request, the Commission should move to approve and direct staff to prepare the appropriate resolution incorporating the specific findings and conditions of approval. if any. If the Planning Commission intends to take action to deny this project, the Commission should move to deny and direct staff to prepare an appropriate resolution incorporating the Commission's decision and findings in the support of that decision. RECOMMENDATION The Planning Department recommends denial of the request to revise C.U.P. 83-11, to delete the condition of approval requiring concrete sidewalks and driveways on Las Tunas Drive and submittal of grading and drainage plan. C.U.P. 83-11 7/10/84 Page 2 . . . June 15, 1984 TO: FROM: PUBLIC WORKS DEPARTMENT PLANNING DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT NO. 83-11 132 WEST LAS TUNAS DRIVE The recommended conditions of approval made on June 2, 1983 to cover the subject CUP are normal standard requirements for the elimination of existing deficiencies. No improvements are required for the Live Oak frontage and the Las Tunas parkway is paved with aspha lt that extends east of the subject property. Should the Planning Commission decide to delete the conditions of approval requiring P.C.C sidewalk, driveways apron, and the submittal of a grading and drainage plan, the Department of Public Works would have no objections, however, it should be recognized that said deletion will set a precedent. a;;t)/~~ CHESTER N. HOWARD _ Q....- Director of Public Works~ CNH:DER:rk " . . )'-:"7.53 00"7 ,:, ':0 6':: ..5'~ ~'2 8'2 5 "(t;.t IOq ':0 90 <;0 90 ~-() - 0 0 0 0 ~O Cl> 6> '" 0 <f, 0 .D .D~V::: ,. - ,:J ,., - - //$9) ('/5/./ (/4/.1 (/-35.1 ("/.?T/ (//9./ (///.J 307 7.3 I": 80 Q7 "'......,.'4 "0 "0 00 "0 us TUNAS OP-. :I: <f) '" <:1 ~ 14752 100 (iN.J (?2P.1 I (//") (12') (/1:) I 13 OFRa=. 31 AlJT~ I 10~ it G'l/J-N. e.. AND r - ~ \ -fr'\ MI)/fD ~I ~ " . "11; ~l~ I~ 0 ~I I I+G..(;. ('/S(7/ 90, ~7 ~ ~ /1I-W MI~~ C-I '>l ,:' o . C-M . , (/2$) (1;5) 14' ,) S (//~) 101,24 7 'U~ )0 ,', (1.4.' , {14'1.1 'jA' ca.al\4' ~4~\ t c:t '" - '" ~ ' -- '" '? -~ 0 50 '0 d ~o 0 C" ~ CONVN.E~ ~c)'5C'rrAl- ~-4 . CUP 8:)-1 I LAND USE 8 ZON I NG I" = lOa' SCALE . .", Sirs, . One Y"'H' 'wo \''': ,,,uv,,,1 uU r bu:d nur'" to 0111' pl'i)p.cnt lac" tion. 'j'ills muve w:':.; LlOt un" of ~holcll !lut. "ll" oj' 1,,'c<:I'ulLy to k"u~ ('Ul' business. So far this move has cost IlS 5110,000.00 and we have 10:~L jd> ui' UHI" lHI::llll'l:1. t.. 111111:111<11111"11 \If "III" ,,1.1 1"1":111(111 who took over ;"fter Civine, us notice to mOVe. We tlOI'1 llav<; It' YllUl'>J lllft at' our present lease:md we arll lc,lti by th" ,,"1'>;011 U1'-\lI,-,cin!\ the property that the lease has little chance of being renewed as the E lun<.llurdG h,JV() difl'ezfrJt i.denc for this propllrty. As you can 8ee, we are in for a repeat of tho cituatiun that made UL move in the first place. We are presently in great financial difficulties due to all of the expenses we have incurred , however we have managed to stay afloat. We have complied with all of the conditions of the C.U.P except for the building of concrete sidewalks. and driveways. They presently exist in asphalt. To comply with this would be extremely difficult in our present financial situation ana would cause us unusual hardShip. We UEI.a fcuily armed business and " '8 1imi ted in funds. . We have have been in bU8iness in Arcadia for over 8 years and hflve built a good reputation. .Ie \'/ould very much like to continue to serve thiE cummunity as we have done in the past. We hope that yvu will Loke our situation into consiQeration and hel~ us keep our doors open to Garv~ you. P? V l!-- ,;Jhank Yo,u, /?? C&. '\ dlkttk /;I:S~ ~1 ~o-.JU ,,// Sandra ,;entschler Luis Buonsa!lti 44"5 -tot.. 30 . ReupT o?c:?-::>/