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HomeMy WebLinkAbout1699 . e . RESOLUTION NO. 1699 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 03-011 FOR A 'RESTAURANT WITH OUTDOOR SEATING FOR 12 PERSONS AT 211 E. LIVE OAK AVENUE. WHEREAS, on July 30, 2003, a conditional use permit application was filed by Ken Fang to operate a 817 square foot restaurant with outdoor seating for 12 persons (Development Services Department Case No. C.u.P. 03-011) at property commonly known as 211 E. Live Oak Avenue; and WHEREAS, a public hearing was held on September 23, 2003, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department 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 because the initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a proper 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. All yards, spaces, walls, fences, loading, Iljntly.sping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. - 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. S. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the .land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing. reasons this Commission grants Conditional Use Permit No. CUP OJ-OIl, to operate an 817 sq.ft.restaurant with outdoor seating for 12 persons at 211 E. Live Oak Avenue, upon the fonowing conditions: L The hours of operation shall be limited to 11:00 a.m. to 8:00 p.m. Monday through Friday, and 11:00 a.m. to 7:30 p.m. on Saturdays, and 11 :30 80m. to 6:30 p.m. on Sundays. 2. The maximum number of on-site seating shall be limited to 12. 3. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 03-011. 4. Approval of CUP OJ-OIl shall not take effect until the property owner(s), and applicants have. executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. . S. The applicant shall defend, indemnifY, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Stafl; which action is brought within the time period provided for in Government Code Section 66499.37 or other e , 2 1699 . e I 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 officers, employees, and agents in the defense of the matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of September 23,2003, by the following vote: AYES: Commissioners Hsu, Olson, Wen, Lucas NOES: None ABSENT: Commissioner Baderian 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 forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 23111 day of September 2003, by the following votes: AYES: Commissioners Hsu, Olson, Wen, Lucas NOES: None ABSENT: Commissioner Baderian ~~ Secretll1}', Planning Commission City of Arcadia APPROVED AS TO FORM: , ~ P. 1daL Stephen P. Deitsch, City Attorney '1--t k. to> Chairman, Planning Commission City of Arcadia 3 1699 . e . STAFF REPORT Development Services Department September 23, 2003 TO: Arcadia City Planning Commission Donna L Butler, Community Development Administrator By: Thomas P. Li, Assistant Planner SUBJECT: Conditional Use Permit Application ,No. CUP 2003-011 for a restaurant with outdoor seating for 12 patrons at 211 E. Live Oak Avenue. FROM: SUMMARY This Conditional Use Permit application was submitted by Mr. Ken Fang to operate an 817 sq.ft. restaurant with outdoor seating for 1'2 patrons at 211 E Live Oak Avenue. . The Development Services Department is recommending approval of this application subject to the conditions in this staff report. GENERAL INFORMATION APPLICANT: Ken Fang (Business owner) LOCATION: 211 E. Live Oak Avenue REQUEST: A Conditional Use Permit for a restaurant with outdoor seating for 12 patrons. The proposed business hours are 11 :00 a.m. to 8:00 p.m. Monday through Friday, and 11 :00 a.m. to 7:30 p.m. on Saturdays, and 11 :30 a.m. to 6:30 p.m. on Sundays. LOT AREA: 9,496 sq.ft. (0.22 acre) FRONTAGE: 75 feet along Live Oak Avenue . e I EXISTING LAND USE & ZONING: The subject property is improved with an 817 sq.ft. commercial building, and is zoned C-1. SURROUNDING LAND USES & ZONING: North: Multiple-family dwelling; zoned R-3. South: Commercial Retail (7.-eleven, Albertson's, etc.); zoned C-2 East: Church; zoned R-3 West: Vacant land; zoned C-1 GENERAL PLAN DESIGNATION: Commercial BACKGROUND In June 2003, Jade Orient Express was issued a business license to operate as a take- out only food establishment. Outdoor seating has been added and the establishment has since received a notice of violation from the City for outdoor dining without a permit. Therefore, the applicant is seeking the approval of this application to comply with the City's requirements. PROPOSAL AND ANALYSIS The existing business is an 817 sq.ft. take-out food establishment. The applicant is proposing to provide outdoor seating for 12 persons. The proposed hours of operation are 11 :00 a.m. to 8:00 p.m. Monday through Friday, and 11 :00 a.m. to 7:30 p.m. on Saturdays, and 11 :30 a.m. to 6:30 p.m. on Sundays. There will be two employees for . this business. Unlike a cafel tea house, staff feels that there would not be a problem with the outdoor dining because of the limited hours and that t~e establishment specializes in fast food take-out. This business is not a place of congregation because of its early closing hours, especially on the weekends. Their main business is offering quick meals to people in the local area. When the business added outdoor seating before they applied for the CUP, staff observed no impact on vehicular andlor pedestrian traffic. Parkina By code, an 817 square foot restaurant requires nine (9) on-site parking spaces (10 spaces per 1,000 sq.ft. of gross floor area). There are thirteen (13) spaces on the property, resulting in a parking surplus of 4 spaces. The subject use Is a stand-alone site and does not share parking with any other uses. CUP 2003-011 September 23, 2003 Page 2 . e I Code Reauirements All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director, and are to be determined by submitting fully detailed tenant improvement plans for plan check review and approval. The Los Angeles County Health Department must also approve the tenant improvement plans before building permits will be issued. Fire safety and occupancy limits shall be provided to the satisfaction of the Fire Marshall, and shall include at a minimum the following: · Minimum 6-inch high address numbers shall be provided on the front of the building facing First Avenue. · Commercial cooking operations shall be protected by a hood-and-duct system. · A Knox Box shall be provided for access to'any restricted areas. · Approved lighted exit signs shall be provided above all exits. · A Class 'K' fire extinguisher shall be provided for the cooking area and a Class '2A:10BC' fire extinguisher shall be provided at a location to be determined by the Fire Inspector. . A floor and seating plan approved by the Building Official and Fire Marshall shall be posted in a conspicuous location. An Industrial Waste Discharge Permit shall be obtained from the Public Works Services Department prior to opening of the cafe, and the tenant improvements shall include the Best Management Practices (BMPs) of the Minimum Project Requirements for reducing the level of pollutants in storm water runoff. CEQA This project is categorically exempt from the requirements of the Califomia Environmental Quality Act per Section 15305. FINDINGS Section 9275.1.2 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. 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. CUP 2003-011 September 23, 2003 Page 3 . e I 3. That the site for the proposed use is adequ'ate in size and shapEl 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. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 03-011, subject to the following conditions: 1. The hours of operation shall be limited to 11 :00 a.m. to 8:00 p.m. Monday through Friday, and 11 :00 a.m. to 7:30 p.m. on Saturdays, and 11 :30 a.m. to 6:30 p.m. on Sundays. 2. The maXimum number of on-site seating shall be limited to 12. 3. The restaurant shall be operated and maintained in' a manner that is consistent with the proposal and plans submitted and approved for CUP 03-011. 4. Approval of CUP 03-011 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval .or condition of 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 officers, employees, and agents in the defense of the matter. CUP 2003-011 September 23, 2003 Page 4 . e I PLANNING COMMISSION ACTION Approval The Planning Commission should move to approve Conditional Use Permit Application No. CUP 2003-011, and adopt Resolution No. 1699: A Resolution of the Planning Commission of the City of Arcadia, California, granting the Conditional Use Permit for a restaurant with 12 outdoor seats at 211 E. Live Oak Avenue. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commissiqn should state the specific reasons for denial and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. If any Planning Commissioner, or othe.r interested party has any questions or comments regarding this matter prior to the September 23rd public hearing, please contact Thomas Li at (626) 574-5447. Appr y: ~~~ nna L. Butler Community Development Administrator Atlachments: Aerial Photo & Zoning Map Site Plan Floor Plan with Photos of the Subject Property Environmental Documents CUP 2003-011 September 23, 2003 Page 5 , .pmentSI~ces Department Engineering OMs/on A8pa/vd by: R8.GonzBlaz, Sop/. 2003 :;"~:~:i.' l~e( ~--I ~~ ,,~'- ..- )1' - - 'F~; '.~i\ .- ~ :~.~..,~ :~( .'......:3h_J----'. ~ N o 100 ZIJO Foet ~ 211 E Live Oak Ave D Arcadia I R-3 I Zone 211 E Live Oak A venue CUP 03-011 (ZNII) r25OS) (251l) ~ (2511J ~ . N (2517) 100 2DO Feel r 100 0 I (lm) P"""""'I , \(2521) (252llJ (252llJ (2521) f25lS) (2534) ~ tmlJ (2531) (2533) (2533) ~ (2WJ) W (Z6IIa) (2fOI) ~I (Z6IIa) (2fOI) I .........~ ..... I I ~ -- SANDRA AVE ~' (2S1O) Q \ ........... :::- ) 'c:t f..--- es (311) \ ~ i!: \ - ,.-' (l611ll 0 /225J I LIVE OAK AVE -- 0 UJ /2OlJ \ (171) CI) ------ ----I (300)\ (324) .. (111) --- - ~ LIVE OAK A"! \ -\ (311J (lOO) ~ (210) ...... -\ ~ (1N! 'c:t l-- - /I#) /I~ /144) /160) (t64) ffi If' /146) - \ \ ~';t - E -- \ - . ~~II~nsE s1 ~ 7ts ,,-- 211 E Live Oak A venue ......._~. EngineMng DMsion r-,~ ... CUP 03-011 ~ .' Frepsed by. Rallo"z*" SopIembar 2003 :!lpo_A""" - -- ! ~ ~ .... .. " _. .-. .o:".I".~:o:'.:-':I".:'.""...'r:-:,:::":.':':.:o:".I.~.'7.":'~",":"_',' ! , : <:= i i i j i I i i i I i i i I i ; i c:j::> i j i -+-.-. , i Ir. I i j i . .::r;I.~~~,=,_:.':!:....'I7.I;o:':':":I:o::~...~:-~,:,:w:,.>:"".=.;.:;r:.:=:";=.....,:::""'::..~.- c:::::J t=::1 c=:::J ::1 . lID 0 a" ':"1 ,~ .' ii ::i [:1 ,:j ::! :) ;'i- 'J .' :;1 ::j ,. ::, ;;i ~:I . 2NI:> ..... ..,p,y FolQ , 8 1CoILIt....r# 4t. SXI6TINCiI P~II\Q L.OT 2 . & .. 8 = = = MIg@}@E~I@gH{lft:iL'~i;:::~:~:;;;:;~::;:",,';';':<~;;:;~:':':';';';~~;;;<:';':':~:;2i;t'-.- 1,::7 - ..- '<- "'':;.. -"""'" .-.-_....-:c.o_ --.--- ,.,.,...,"'"~~ CATA JACE ORIENT EXl"REe& 211. U\4O.WC. "'... ~Co'-.CoIotl(Nlr6 - Y1ClllIJn' f'iAIO __ClAT..., l LOT AREk ~v fiF. ~PATJO AREA: 3.f& 6F. 2.. EXJ&Tkit .. '82~. 3.lAC)$CAFE AfEJr..TOTALt'91!P. "t eulLDlNG 6TOFilEf 1,(F'ROFOeEDJ &P~6T~1 G . N:s'(lJ~P~6PACE INCL.IJI:l (I) !.OADlHG FAcE 6 HElU PATIO F1Nlm t1Tl FENCE . TIlE& FINISH 1. CiROlI<O ~ACE fIN. A6f"I.l,AF1' _IN'. 6AR'r ...... 3671 61'RN'4G 4'YE der1EAD. CA 'YTtiZl TEl>62.-&15oo6163 FA)(,.626--3&0-~ eu&INIe6 MCUA:& _ II ~ I a ~T fl:4lI2l'-AH-&-./!Jt)Ff1 ~~y: 1I.)eJV1..1,3e'FM &A no3tD AM-6.K1 R1 l!lJC)AY TOTArL. EJ"FLoYEEr 2 ~ -- &HEET .....o-x .,.'" -- "'"' 4 IA A elTE Pl..AN At - . N . ~ ---q::r '. PL.OOIlC F'L.AN ec::.AU:.!II6".r-r II _ CClCR PlCTURll .J~ -. .-lICClfII. ___AlII> TAIUllIl lie PATIO -.. )'.;.~ ~.-; , ACD Q.l.A1R6 AND TAeU!& """" C&EE fl..OClR f"LAN). IIQ&T PlC1\lAlJ .' ~ .....~'-""" c ~-.,p-- ... _mu ? ( .-- - &HEET -' """- JAOE ORIENT ExFRES!> -.. FL.OOR F'L.AN ~- 211 DU....:wc....W ..... EL.EVATION A-2 """""""'~ ~C4.C4'" i ...--.....-....- --.--- t; " FileNo. " Date Filed: CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 (626) 574-5400 ~NVIROf'!MENTAL INFORMATION FORM 7-7V-W75 General Information, 1. Name and address of developer or project sponsor: .)~ t?p/;Fl'T~!? ~ -. 2. Address of project (Loca~ion): 2-1 \!;<:. Ll\/mPlA/.::: A-V~ Name, address and telephone number of person to be contacted concerning this project: 3. e CAN Q:wo6:f J ... ~ / n_ .~ 2-1 :>,~I C/~ b--Y ~ ~ (-n.q"q- /20-c:n~~. nA 9/7b-!-..- 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Zoning: c-(. S. General Plan Designation: ~eeqK..- Proiect Description 7. Proposed use of site (project description): \;7.kflO A-t7E=A- .h~ - ~ r-:- I 8. Site Size: OJ hI 0 Sq. Ft. I . Square footage per building: .-or e '2--' ""7~ Acre(s) .10. Number of floors of construction: \ 11. Amount of off-street parking provided: I~ 12. Proposed scheduling of project: Mob ~'o/!. ~ AVo [~{~ f f\J IHr . ~ f)-""'-;:{?'/'> ~:~" ~-::"'.'.~r'-:':... , 13. Associated projects: J,//* 14. Anticipated incremental development t5. ~L~ If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household sizes expected: fJ!A 16. If commercial, indicate the type, i.e. neighborhood, .city or regionally oriented, square footage of sales area, and loading facilities, hours of operation: . , .. -'kf IItd"1-gflt\\. 9a"('II:1l>>t'\-~~'3<)PIl1, ~ U:~AM' h:~fIK \ ~B'Z...S.E:.; 17. If industrial, indicate type, estimated employment per shift, and loading facilities: fils. 18. If institutional, indicate the major fun'ction, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: -.!i A 19. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is required: . ~~ ~v.'t.r~~~ A- C.,CAR. EnvIronlnfoForm -2- 4/01 20. Are the followi~g items applicable to the project or its effects? . checked yes (attach additional sheets as necessary). ES NO o ~21. o .il 22. o ~ 23. o ~ 24. a r&. 25. a.~ 26: o ~27. o ~ 28. eO 'tl 29. o ~ 30. o ~ 31. o ~ 32. o ~ 33. o ~ 34. Discuss below all items Change in existing features of any hills, or substantial alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or roads. Change in pattern, scale or character of general area of project. Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in vicinity. Change in ground water quality or. quantity, or alteration of existing drainage pattems. Substantial change in existing noise or vibration levels in the vicinity. Is site on filled land or on any slopes of 10 percent or more? Use or disposal of potentially hazardous materials, such as toxic 'substances, flammable or explosives Substantial change in demand for municipal services (police, fire, water, sewage, etc.) Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.) Relationship to a larger project or s~ries of projects Has a prior environmental impact report been prepared for a program, plan, policy or ordinance consistent with this project? . If you answered YES to question no. 33, may this project cause significant effects'on the environment that were not examined in the prior EIR? Envirol1mental Settlna . Describe (on a separate sheet) the project site as it exists before the project, including information on topography, soil stability, plants and animals, any cultural, historical or scenic aspects. Describe any.existing structures on the site, and the use of the structures. Attach photographs of the site. (Snapshots or Polaroid photos will be accepted. ) 35. I EnvlronlnloForm -3- 4101 36. . Describe (on a separate sheet) the surrounding properties,. including information on plants, animals, any cultural, historical or scenic aspects. Indicate the type of land uses (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yards, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits pr~sent the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date i-t{;-291J3- ----::-~ - ~ (Signature) . .-/ For' e . EnvlronlnfoFoim -4- 4101