HomeMy WebLinkAbout1699
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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.
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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
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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
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Secretll1}', Planning Commission
City of Arcadia
APPROVED AS TO FORM:
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~ P. 1daL
Stephen P. Deitsch, City Attorney
'1--t k. to>
Chairman, Planning Commission
City of Arcadia
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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
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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
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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
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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
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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:
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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
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.pmentSI~ces Department
Engineering OMs/on
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FileNo.
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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.
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2-1 :>,~I C/~ b--Y ~ ~
(-n.q"q- /20-c:n~~.
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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-:-
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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
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f)-""'-;:{?'/'> ~:~" ~-::"'.'.~r'-:':...
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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
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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.
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EnvlronlnloForm
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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-
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(Signature) .
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EnvlronlnfoFoim
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