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HomeMy WebLinkAbout1543 . . . RESOLUTION 1543 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT 97-001 TO OPERATE A 1,020 SQ, FT, RESTAURANT AT 300 EAST HUNTINGTON DRIVE. WHEREAS, on December 9, 1996; an application was filed by Probhakar V. Reddy for a 1,020 square foot restaurant, Planning Case No. C,U.P. 97"001 at 300 East Huntington Drive more particularly described as follows: Parcell of Parcel Map 19433 as recorded in Parcel Map Book 209 - I & 2 in the office of the County Recorder of said County. WHEREAS, a public hearing was held on January 14, 1997 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 I. That the factual data submitted by the Community Development Division in the attached report is true and correct. Section 2. This Commission finds: I. 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 a proper use for which a Conditional Use Permit is authorized as established in the zoning ordinance, 3. That the site for the proposed restaurant is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, parking, loading, landscaping and other features are adequate as designed 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. -1- 1543 . . . 5. The subject site is designated as commercial on the General Plan. The proposed restaurant is consistent with that designation and the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan, 6. Subject to the conditions set forth in this Resolution, the use applied for will not have a substantial adverse impact on the environment Section 3. That for the foregoing reasons the Planning Commission recommends to the City Council approval of Conditional Use Permit 97-001 for the operation of a restaurant subject to the following conditions: I. That building improvements shall be made per the site plan on file in C,U.P. 97-001. 2, That the City Council shall approve the following modifications to City Council Resolution 5509: a. Deletion of Condition 2 which reads: "That the 7,208 sq, ft. of office uses which are proposed to be located within the retail building (300 East Huntington Drive) shall not be converted at a later date to retail or other uses which have a greater parking requirement." b. Amend Condition 3 to read: "That Resolution 1397 approving Conditional Use Pennit 88-028 is amended to allow a maximum of three eating establishments located within the retail building (300 East Huntington Drive and that the seating within each establishment shall not exceed the maximum allowed per the Uniform Building Code, 3. That C.U.P, 97-001 shall not take effect until the owner and applicant have executed a form available at the Community Development Division indicating awareness and acceptance of the conditions of approval, 4. Noncompliance with the provisions and conditions of this Conditional Use permit shall constitute grounds for the immediate suspension or revocation of said Permit. Section 4, The decision, findings and conditions contained in this Resolution reflect the Commission's action of January 14, 1997 and the following vote: AYES: Bell, Bruckner, Huang, Kalemkiarian, Murphy, Sleeter NOES: None -2- 1543 . . . 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. Isl ~ .(./) ~ Chai an, Planning Commission City of Arcadia Secretary, Planning C mmission ity of Arcadia Approved as to form: Z{ich2r!:ti /I Jr)L City Attorney -3- 1543 i 1 STAFF REPORT DEVELOPMENTSER~CESDEPARTMENT January 28, 1997 TO: Chainnan and Members of the Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator SUBJECT: Consideration of Conditional Use Permit 97-001 SUMMARY This application was filed by Probhakar V, Reddy requesting: . 1) a conditional use permit to operate a 1,020 square foot restaurant at 300 East Huntington Drive, Unit B-12, and ' 2) amendment of City Council Resolution 5509 to allow more than two eating establishments with seating for more than 12 persons within the retail center of the Arcadia Gateway Center project, Because the conditional use permit requires modification to City Council Resolution 5509, the Planning Commission shall be advisory to the City Council and the Commission's,recommendation will be forwarded to the City Council for consideration at a public hearing. The Development Services Departm~nt is recommending approval subject to the conditions outIinedin this report, GENERAL INFORMATION APPLICANT: Probhakar V. Reddy LOCATION: 300 East Huntington Drive, the Arcadia Gateway Center retail center . REQUEST: Conditional use permit to: (1) operate a 1,020 sq. ft. restaurant with seating for 24 persons; (2) amend condition 3 of City Council C.U,P, 97-001 January 14, 1997 Page 1 .. " .. . . Resolution 5509 to allow more than two eating establishments with seating for more than 12 persons within the retail building; and (3) eliminate condition 2 of Resolution 5509 that prohibits converting 7,208 sq. ft. of office uses in the retail building to retail or other uses which have a greater parking requirement. EXISTING LAND USE & ZONING The project site is developed with a multi-tenant retail building, two restaurants, three office buildings and a parking structure (The Arcadia Gateway Centre) totaling 182,748 sq. ft.. The properties are zoned CPD-I (Commercial Planned Development) and located within the Arcadia Redevelopment Area. SURROUNDING LAND USE & ZONING North: Properties to the north are developed with mixed commercial uses (Landmark Development); zoned CPD-l. South! West: East: The MTA railway abuts the property to the south and west Property to the east is developed with California State Bank, zoned CPD-1; and across Fifth A venue there is a storage facility located in the City of Monrovia GENERAL PLAN DESIGNATION Commercial BACKGROUND Construction began on the Arcadia Gateway project in the mid 1980's with the Cigna building, The total square footage for the entire project was approximately 180,000. In July, 1988, the City Council approved a modification to allow 821 parking spaces (4,61 per 1,000 sq. ft. of gross floor area) in lieu of 908 parking spaces (5.09 per 1,000 sq, ft, of gross floor area) for the Gateway project which included the Cigna building, two additional office buildings, a parking structure, a multi-tenant retail building and two restaurant pads (totaling 13,357 sq. ft.), Bennigans was the first restaurant to be constructed which contained 7,357 sq. ft. Based upon the original modification granted for two restaurants containing a total of 13,357 sq. ft., this allowed a second restaurant to be constructed with a maximum square footage of 6,000 sq, ft, In December, 1988, a conditional use permit (Resolution 1397) was granted to Arcadia Gateway Centre Associates, Ltd, to permit three (3) eating establishments in the multi- C,U.P, 97-00.1 January 14, 1997 Page 2 ~ . '. . tenant retail building subject to the conditions that the combined floor area of all the eating establishments not exceed 6,000 sq. ft, and that the seating be limited to a maximum of 12 persons in each establishment, In September, 1989 a conditional use permit application (89-015) was submitted for the Olive Garden restaurant to be located on the second restaurant pad. The proposed restaurant contained 9,200 sq, ft. which exceeded the 6,000 sq. ft. permitted per the modification approved in December, 1988, Because the spec office and the AAA building were not complete, there were concerns regarding the adequacy of the on-site parking. The Planning Commission approved this use subject to the following conditions: 1) limiting the number of eating establishments in the retail building to two (2); 2) prohibiting conversion of 7,208 sq. ft. of office area in the retail building to retail space; 3) and maintaining a 5% parking space vacancy in the area north of the office buildings, retail building and within 200 feet of the restaurant pads; and 4) that 4,000 sq. ft, of net leaseable floor area within the four story office building at 440 East Huntington Drive shall not be leased or rented until approval is secured from the Planning Department following preparation of a parking study. The City Council concerned with enforcement of conditions 3 and 4 as set forth above, appealed the Planning Commission decision, In November of 1989, the City Council approved the request (Resolution 5509) for the Olive Garden Restaurant subject to the following conditions: 1. That the 7,208 sq, ft. of office uses proposed to be located within the retail building at 300 East Huntington Drive shall not be converted at a later date to retail or other uses which have a greater parking requirement. 2, That Resolution 1397 approving conditional use pennit 88-028 be amended to allow a maximum of two eating establishments located within the retail center and that the seating within each establishment shall not exceed 12 persons. PROPOSAL The applicant, Probhakar Reddy is requesting to operate a restaurant/eating establishment in the 1,020 sq. ft. retail space occupied by "Coffee Excellence". Seating is proposed for 24 persons and the restaurant will be open six days a week for lunch and dinner. C,U.P.97-001 January 14, 1997 Page 3 1 - . . The multi-tenant retail center contains 26,979 sq. ft, of floor area The following uses are located in this building: ~ SQ,Ft. Coldwell Banker Maly's Beauty Supply Leslie Pool Bear Essentials Crafts and Gifts Coffee Excellence Goldsmith & Sons 3-Day Blinds Sesame Grill Sign Depot Salsa Del Rio Fast Frame Vacant 5,427 1,400 3,750 4,888 1,019 1,030 1,061 1,411 2,266 1,293 1,246 2,140 Currently there are two eating establishments/restaurant operating in the retail building; Salsa Del Rio and Sesame Grill (a total of 3,723 sq. ft,), Salsa Del Rio has been in operation since 1988 at which time they had seating for 12. Since that time seating has expanded to approximately 30. In 1988 Smooch's eating establishment opened with seating for 12. Ownership has changed several times and this unit is now occupied by the Sesame Grill which has seating for approximately 38 persons. Both exceed the maximum seating for 12 permitted in CUP 89-015, Parkin/;! There are 823 parking spaces for the entire project; ,586 surface parking spaces and 237 spaces within the parking structure. Approximately 117 of the surface parking spaces are located adjacent to the retail building, Two eating establishments have been in contin~ous operation in the retail building since 1988. During the past eight years, staff has had an opportunity to observe the parking within the entire center including the parking area adjacent to the retail building, In addition staff has surveyed the lot during the past month and no parking deficiencies have ever been observed. It is staff's conclusion that there is adequate parking to accomm~date the existing eating facilities, a third restaurant, as well as any additional retail uses, MISCELLANEOUS INFORMATION The subject property is located within the Redevelopment area. The Economic Development Division has reviewed the proposed request, including modifications to the C,U.P, 97-001 January 14, 1997 Page 4 . - . . conditions of approval of City Council Resolution 5509 and indicated they have no objections to a third restaurant in the retail building subject to adequate on-site parking. In addition it was noted that "experience indicates that the 12 seat restriction imposed by Resolution 5509 may be too severe, This issue should be assessed and modifications made ifappropriate." (see attached memo) ANALYSIS As noted above, the City has had eight years to survey the operation of all uses at the Arcadia Gateway Centre, It is staff's opinion that the conditions imposed in City Council Resolution 5509 are no longer necessary. In addition the City is trying to encourage businesses, especially retail uses, to locate within the City; eliminating the restrictions set forth on this property by Resolution 5509 will be a positive step in that direction, C.U.P, 97-001 January 14, 1997 Page 5 , . . Staff recommends the following: . Condition 2 as follows be deleted: "That the 7 ,29& sq. it. af amee uses whiell. Elfe prapased ta Ile laeated wi.iliia the retail llHi.ldiRg (399 East HtmtiagtsfI DRye) sallH aet be e9fl'*leftea at a later eate t9 r.etail Sf ether HSes \9,hiea ha7/e a ,greater parking requiremeRt." . Condition 3 be amended to read: "lbat Resolution 1397 approving Conditional Use Permit 88-028 is amended to allow a maximum of tw& three eating establishments located within the retail building (300 East Huntington Drive), and that the seating within each establishment shall not exceed ~ the maximum allowed per the Uniform Fire Code. Because the above conditions were imposed by City Council Resolution 5509, the City Council must approve modification to the above conditions. CEOA Pursuant to the provisions of the California Environmental Qtiality Act, the Planning Department has prepared 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, When considering the record asa whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends, Therefore, a Negative Declaration has been prepared for this project. RECOMMENDATION The Development Services Department recommends that the Planning Commission adopt Resolution 1543 recommending to the City Council approval ofC,U,P, 97-001 subject to the conditions set forth below: I. That improvements shall be made per the site plan on file in C.U.P, 97-001. 2. That the City Council shall approve the following modifications to City Council Resolution 5509: . Delete Condition 2 as follows: "That the 7,29& sq. ft. af amee yses 'J.'hi.ell. life prapeseEl te Ile laeated witftiR the fEltail lnlildiag (3gg em HHlHiBgtSB Dri'le) shall Ret he esw:eFtea at a later date t9 Felail af ether Hses -Jlbieh haw,s a greater pllfkiBg reqt.flfeIBBnt." C,U,P.97-001 January 14, 1997 Page 6 - . . . Amend Condition 3 to read: "That Resolution 1397 approving Conditional Use Permit 88-028 is amended to allow a maximum of three eating establishments located within the retail building (300 East Huntington Drive), and that the seating within each establishment shall not exceed the maximum allowed per the Uniform Fire Code. 3. That C,U,P, 97-001 shall not take effect until the owner and applicant have executed a form available at the Community Development Division indicating awareness and acceptance of the conditions of approval. 4. Noncompliance with the provisions and conditions of this Conditional Use permit shall constitute grounds for the immediate suspension or, revocation of said Permit. FlNDINGSAND MOTIONS There are no applications for the January 28 meeting, therefore, in order to expedite the processing of this application, staff has prepared two resolutions for consideration by the Planning Commission, One resolution recommends approval of the proposed application to the City Council, the second resolution recommends denial, If the Commission determines that the proposed project is appropriate the attached resolution may be adopted as presented or as modified by the Planning Commission, Approval If the Planning Commission intends to take action to approve this project, the Commission shotPd move to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and adopt Resolution 1543, a resolution of the Planning Commission of the City of Arcadia, California, recommending to the City Council approval of Conditional Use Permit 97-001 to operate a 1,020 sq. ft, restaurant at 300 East Huntington Drive. Denial lEthe Planning Commission intends to take action to deny this project, the Commission should move to deny and adopt Resolution 1543, a resolution of the Planning Commission of the City of Arcadia, California, recommending to the City Council denial of Conditional Use Permit 97-001 to operate a 1,020 sq, ft, restaurant at 300 East Huntington Drive. C.U.P.97-001 January 14, 1997 Page 7 . . . If the Planning Commission has any questions regarding this project prior to the scheduled public hearing, please contact me at your earliest convenience, . , "." .,'. --- -- ...~ - , -" ~ :~ - '--' ";/ Donna L. Butler Community Development Administrator Attachments: Economic Development Division,memorandum Plot PlanlElevations Resolution 1543 (approvaVdeniaJ) Environmental Documentation C:U~P, 97-001 January 14, 1997 Page 8 MEMORANDUM DEVELOPMENT SERVICES DEPARTMENT December 12, 1996 TO: Donna Butler Community Development Division FROM: ~ale R, Connors, Redevelopment Project Manager Economic Development Division RE: Arcadia Gateway Center - C,U,P, 97-001 Request for Restaurant .. In response to your memo of December 11, Economic Development Staff has reviewed the facts surrounding the restaurants located at the Gateway Center retail building. We have no objections to approval of a third restaurant in the Gribble retail building if a survey of the parking lot serving the area indicates that the intensified use can be accommodated by the parking currently provided. It has been our experience that parking in the lot to the north of the building is usually available. Likewise. the issue of seating allowed in these establishments should be addressed, The fact that the existing restaurants exceed that allowed per Resolution No, 5509 is well known, However, experience indicates that the 12 seat restriction imposed by Resolution No. 5509 may be too severe. This issue should be assessed and modifications made if appropriate, DRC:dc . - 'r. f~:;, -. 3 . Jll.!1LI.U'KLLI~Q . C"ICrlf~I'UMO".i l/l,",.,tlllIlIltC; 1lll.J.1.llW.1i-.t).E1it1~.J.jJlj IliLJUiMrdJU& I'~ .eJ1l~1f;..liH"J("1 fl'ILlNM.; II IUlllfHlI/uw"L'fitt"-/JIIt!1 HAlltU'I.'Ull/ll~"; " 11I.1.1.'_ lNfl1') "r.mu #U/1/tJ".UJtYIlIt.';".L1JU)ftI; t.IrSTIUIC. S.CJJNtJU./(I<< t.UR.DI'~" ,;W6f/lnNI/I t6.Ie.'S ~ ,,,,}lS", IIl,DU." '1>.~11}/.T ,fjj,' ..~t '" IU.NN C_M"" Itl n.UoitVr ilUI" UIII/IMf {; 1'~.Ul"'!ff<<#'IU'IUJ'K: II I U.II-II'.IIt"'NC),,,U',n:/1I' T,'IA/ ,"-,,11#'HCEIII!lI.lIM; ,.......\, t'.'t$Tt'Lf1tH SJlVNIHltJU/t n'IIIlHWtIf lHfJ\l. 1ff..7I1/L,'HCII'S III:NNIGINS IfI.nlUMNT 1IIII't't:'litUU; f,UlSf "SIS,.. 1,Wi$.f- lH,".\iJ: 16.+17'$1" ~ Ii' 1'1 v!\." Tt1TAI.AItIILhI,.C. _UI~:A 'I t. "1.1"IF "/, .. J' '" '+. /t', "I-'l-4 "~F^, 9.1<J ~, I'AJlJo'llIt:',.,,(JnlU, I . __!..I.iI,IIII:.i.'.I.I..... '. 1','J.l.I.....: i~l.......... i .., '" .. !:; j!: , 1;; ----.. L.. !j ---., St!lttJl"tl'A1U."'li "..../il/" sr~IJt"IJAt: ,. " t l lJ I , n 1:1//41.. '""'I'Ilt:'1 '-~~-~~-:"" Hili:' f' "l I .L1.J.l.1.lL .. ~_. ,.' . ..' -~=:...- HUh f/Nt.,1 N DRJ\./:.o r - ':';[j . ---.--_______L ~ ...-....-.....-....... uo_..___ _.r_..... .4RCADlA GATEWAY CENTRE ------------------- ARCADIA GA1'EWA Y AS,'WC/'\ rES "",-IV")', ....luSr'\O'... IU4aS~~l'i11l'A U~'1\.Sj'I"J" ~IV,\t j/IU' , ~..\.._\' t'IIIM~_ , t",JI ",. . jibU"US 1 '-'iUi/./~ ,uIUiU.J.\ I~\ TENANT SQUAA!! FEET . 8-' I COLDWELL 15427 S, 8 ANKER 9-2 I V ACA,'lT 2'''0 SI' B-3 MAL Y'S BEAUTY 1400 SF SU;>?L Y S-4 LESLI~ POOL 3750 SF' 8-5 BEAR ESSENTiAlS 4888 SF' CRAf'TS Ik GIFTS 8'8 COFfEE 11019 SF EXCELLENCE 6-9 I ~;L.f,;;-:,. ,,":'';-'''~ 1030 Sf' S-10 I 3 DAY KINDS 1061 SF I s-n I SESAME GRILL 11411 S. 8-12 I SIGNDEPOT 2265 SF S-It, S.t,LS,o. RIO 1'293 Sf 6-15 If AST FRAM~ 1246 SF 1'1"l15 IS A rE~T ATI,,! SITE ::l..A."o: A~D' OC!!5 /\o~ OliP~;;$EI"'T Tt-~ SI:-fr, NU.'vIBE.:l or n:'ol.\NT SPACES l.OCAYG,O H!'R~I.~. . SPRIL'v(I..!'q> \ .0' ill '" B-1 (336) .. " B-2 (332) ?C' l~ r fb I~ 1 ~t /..;' ~. .,i B-':l (328) 8-4 ':-3.24 ~ B-S (320' l? $~.4r-: ::91[m ;{!~ ~;fP.fp)(lhe.~ .;i,g - :]t> _<'~~ . . SHOPS B ARCADIA GATEWAY CENTER .' I 19 I . ~ -0 0" CTO 00 - - ().()..Q. .. ';. , . I ii~ ~~ ~~ ~~ ~h" ~I , I " I ., ,., l '