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HomeMy WebLinkAbout1672 (3) e . e RESOLUTION NO. 1672 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 02-009 TO OPERATE A TEA HOUSE AND CAF~ WITH SEATING FOR 46 PATRONS AT 815 W. NAOMI AVENUE, UNIT G. WHEREAS, on May 22, 2002, a conditional use permit application was filed by Wen-Ling Lee to operate a tea house and cafe with seating for 46 patrons including an outdoor seating area (Development Services Department Case No. C.U.P. 02-009) at property commonly known as 815 W. Naomi Avenue, Unit G; and WHE~EAS, A public hearing was held on August 13, 2002, 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: 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 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, landscaping 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. e . . 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 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 02-009, to operate a tea house and cafe with seating for 46 patrons including an outdoor seating area, upon the following conditions: 1. The eating establishment approved by CUP 02-009 is limited to the 1,550 square foot commercial space with a maximum capacity of 46 patrons (inside and outside) that shall be in compliance with the Building and Fire Codes, and the City's Regulations for incidental outdoor dining (AMC Sec. 9270) to the satisfaction of the Building Official, Fire Marshall and Community Development Administrator. Compliance may result in less than 46 patrons being able to fit in the 1,550 square foot commercial space and adjacent outdoor seating area. 2. The hours of operation on any day shall be between 11 :00 a.m. to 12:00 midnight. 3. This approval of CUP 02-009 includes a parking modification of 8 spaces in lieu of 31 spaces. This Modification does not constitute an approval for a general reduction of the parking requirements for the building or the center, but rather only for the eating establishment approved by CUP 02-009. 4. All onsite signage shall be in compliance with the City's sign ordinance (AMC Sec. 9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by the Planning Division and appropriate permits shall be obtained from the Building Division. All sign age shall be removed unless an SADR 2 . . . approval or Building Permit is on file in the Development Services Department regarding said signage. This includes wall signs, window signs, and temporary banners. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 02-009, as well as noncompliance with the City's Regulations for incidental outdoor dining (AMC Sec. 9270) shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in closing of the eating establishment. 6. Approval of CUP 02-009 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. 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. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of August 13, 2002, and the following vote: 3 . . . AYES: Baderian, Huang, Murphy, Olson NOES: None ABSENT: Kalemkiarian 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 13th day of August 2002, by the following votes: AYES: Baderian, Huang, Murphy, Olson NOES: None ABSENT: Kalemkiarian C) ~EST. f(~~~~ . Secretary, Planning Commission City of Arcadia ~ 17!.o~ Chairman, Planning Commission City of Arcadia APPROVED AS TO FORM: ~AP~ Stephen P. Deitsch, City Attorney 4 . . e STAFF REPORT Development Services Department August 13, 2002 TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: Joseph Lambert, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 02-009 for an eating establishment (AU 79 Tea House) at 815 W. Naomi Avenue, Unit #G. SUMMARY This Conditional Use Permit application was submitted by Wen-Ling Lee (dba. AU 79 Tea House) to operate a tea house and cafe with seating for 46 patrons in a 1,550 square foot retail space at 815 W. Naomi Avenue, Unit #G. The Development Services Department is recommending approval of this application, subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Wen-Ling Lee -dba: AU 79 Tea House LOCATION: 815 W. Naomi Avenue, Unit #G (in the Pavilions shopping center) REQUEST: A Conditional Use Permit and parking modification for a 1,550 square foot eating establishment with seating for 46 patrons, including an incidental" outdoor seating area. The proposed business hours are as follows: Sunday through Thursday - 11 :30 AM to 12:30 AM, Friday and Saturday - 11 :00 AM to 1 :30 AM. SITE AREA: 15.76 acres - this site includes the Pavilions Supermarket, the 20,180 square foot subject retail building to the west of the supermarket, and the Burlington Coat Factory-Ross shopping complex. CUP 02-009 August 13, 2002 Page 1 e . e FRONTAGES: Approximately 1,041 feet along W. Naomi Avenue Approximately 675 feet along S. Baldwin Avenue Approximately 1,064 feet along W. Duarte Road EXISTING LAND USE & ZONING: The subject building is a 20,180 square foot retail building to the southwest of the Pavilions Supermarket The entire site -is developed with a shopping center (a.k.a., The Arcadia Hub) anchored by the Pavilions Supermarket and the Burlington Coat , Factory and Ross clothing stores. There are a total of 1,200 on-site parking spaces with 425 spaces toward the Pavilions Supermarket" portion of the site. The entire site is zoned C-2: General Commercial. SURROUNDING LAND USES & ZONING: North: 25-unit apartment building (c. 1961) - zoned C-2 South: Multiple-family residential ,complexes - zoned R-3 East: Parking lot for the subject building & Pavilions - zoned C-2 West: 99 Ranch Market shopping center - zoned C-1 GENERAL PLAN DESIGNATION: Commercial BACKGROUND On April 28, 1987, the Planning Commission adopted Resolution No. 1334, granting Conditional Use Permit No. CUP 87-9 to operate an eating establishment (Penguin's Yogurt) at 815 W. Naomi Avenue, Unit #G. The conditions of approval included the following: 1. Seating shall be limited to a maximum of 16 people in conjunction with a maximum of four tables. 2. A Modification be granted for 427 parking spaces in lieu of 454 spaces. This approval shall not constitute an approval for a general reduction in parking for the total site. That this parking modification shall only be for the use approved by CUP 87-9 (eating establishment). On January 8, 2002, Code Services staff was at a nearby business for inspection and noticed the AU 79 Tea House in operation. The tea house was in violation of CUP 87-009 and the Arcadia Municipal Code. The Planning Division was notified that the tea house was open past midnight and more than 16 hours per day, their seating arrangement exceeded 16 patrons, and they did not have an incidental outdoor dining permit. This conditional use permit application was submitted to bring the teahouse into conformance with the Municipal Code. CUP 02-009 August 13, 2002 Page 2 . . e PROPOSAL AND ANALYSIS The applicant is proposing to operate a teahouse and cafe, (eating establishment) with seating for 46 patrons in the 1,550 square foot space in the 20,180 square foot commercial building. Another component of the proposal is an incidental outdoor dining permit for seating directly outside the business in the adjacent courtyard. The applicant has proposed 12 seats, (six tables) in the outdoor courtyard area and seating for 34 . patrons inside the building. The proposed hours of operation are Sunday through Thursday - 11 :30 AM to 12:30 AM, Friday and Saturday"'; 11 :00 AM to 1 :30 AM. There will be six employees during each shift. ' ParkinQ There are approximately 1,200 on-site parking spaces at this shopping center. The Burlington 'Coat Factory-Ross portion of the site is separated from the Pavilions Supermarket portion by a through driveway between Naomi Avenue and Duarte Road. There are 425 parking spaces on the Pavilions Supermarket portion of the site. The 20,180 square-foot, one-story retail building is situated at the westerly end of the center. There are presently five uses in the building for which' Conditional Use Permits and/or parking modifications were granted. The other businesses are allowed by right in the retail building. The current tenants and parking status of this portion of the shopping center are as follows: Pariting Share of Tenant So.Ft. Reaulred 425 Soaces. Deficlencv Note Wonton Restaurant 1,550 16 8 8 CUP 97-006 China Trust Bank 2,280, 14 12 2 MC 97-033 Jenny Craig 2,400 25 12 13 CUP 87-014 Callfomia Beauty Supply 1,550 8 8 0 HTS Game Zone 1,550 25 8 17 CUP 02-001 AU 79 Tea House 1,550 31 8 23 CUP 02-009 Hair Creations 1,550 8 8 0 CCT Computers 1,550 8 8 0 Adelphia Cable 1,550 6 8 (+2) Young's Optometry 1,550' 8 8 0 Scorel Leaming Center 1,550 26 8 18 CUP 00-003 Mission Renaissance Arts 1,550 8 8 0 Pavilions 62.390 312 321 (+9) Totals 82,570 495 425 70 "Based on the size of the use at the retail requirement of 5 spaces per 1,000 sq. ft. , Of the 425 parking spaces on this portion of the shopping center, the most convenient to the customers of the businesses in the retail building are the 70 parking spaces located in the 3 rows directly in front of the building, the 20 closest spaces to the south along Naomi Avenue, and the closest 15 spaces in the row to the north. These 105 spaces are the most heavily utilized by the customers of the CUP 02-009 August 13, 2002 Page 3 e . e businesses in the retail building, and customers of the Pavilions Supermarket also use so.me ,of these spaces. There are 8 parking spaces allotted for the subject 1,550 square foot retail space. Eating establishments require 20 parking spaces for every 1,000 square' feet of gross' floor area of the tenant space. Based on code requirements, 31 parking spaces are required for this use and a parking modification of 8 spaces in lieu of 31 spaces i~ necessary for this application. The.applicant submitted a parking survey concentrating on 140 parking spaces that include immediately adjacent parking,spaces to the west and south of the retail building and 30 spaces west of Pavilions (the row to the north). The survey was conducted from April 12 to April 25, 2002 at 11 :30 AM, 2:30 PM, 6:00 PM, and 9:30 PM. The survey indicates that ,there are usually between 50 and 70 parking spaces available of the 140 spaces surveyed. The busiest time surveyed was Friday, April 19, at 9:30 PM, which Indicated 33 spaces available, which indicates that there 'are sufficient parking spaces available for an eating establishment at this location. Hours of Operation The proposed hours of operation are Sunday through Thursday - 11 :30 AM to 12:30 AM, Friday and Saturday - 11 :00 AM to 1 :30 AM. Businesses on properties that are located within 150 feet of residentially zoned property that are open for more than a total of 16 hours per day or are open between 12:00 midnight and 6:00 a.m. require a Conditional Use Permit (AMC Sec. 9275.1.53.7). This is to prevent such businesses from being a nuisance to residents. This requirement applies to this location because there is residentially zoned property to the south across Naomi Avenue, which is a 60-foot right-of-way at this location. The hours of operation of the businesses in this portion of the shopping center are as follows: Tenant 'Wonton Restaurant China TruSt Bank Jenny Craig California Beauty Supply HTS Game Zone AU 79 Tea House Hair Creations CCT Computers Adelphia Cable Young's Optometry Scorel Learning Center Mission Renaissance Arts Hours of Operation Posted Business Hours 11-10 Seven days a week. 9-4 MOil- Thu; 9-5 FIi; 10-2 Sat; Closed Sundays. 8-7 Mon; 9-7 Tue; 9-6 Wed; 8-7 Thu; 8-3 FIi; 7-1 Sat; CI. Sun. 9-7 Mon-Sat; 11-6 Sun. 10:00 a.m.-12:00 a.m. Seven days a week. 11 :00 am-1 :30 am Fri & Sat; 11 :30 am.12:30 am Sun- Thu. 9:30-7:00 Seven days a week 8-6 Mon-FIi; 10-5 Sat; Closed Sun, 8-6 Mon-FIi; 9-5 Sat; Closed Sun. 10:30-7:00 Mon-Wed; 10:30-6:00 Thu; 10:30-7:00 FIi & Sat; Closed Sun. ,2-8 Mon-Thu; 2-6 FIi; 10-6 sat; Closed Sun. Class times depend on instructors'availability. Close at 10:00 p.m. CUP 02-009 August 13, 2002 Page 4 e . e Pavilions 6:00 am -12:00 midnight Seven days a week. , . None of these businesses are open past midnight, and staff's recommendation is that the proposed eating establishment also close at midnight. This will reduce the potential for disturbances after midnight, and make it easier to police this location. The Arcadia Police Department was asked for their' input on this application. -Pursuant to staff's conversation with Arcadia Police Captain Rick Sandona on July 1, 2002, the Police Department recommends that the hours of operation be consistent with those of other businesses in the center. Captain Sandona also suggested that the incidental outdoor dining permit indicate a maximum number of patrons allowed outside, so it may be enforced by the Police Department and Code Services. The applicant proposes seating for 12 patrons outside, consistent with the City of Arcadia IncidentarOutdoor Dining Regulations. ' Code Reauirements All City requirements regarding disabled access and facilities, occupancy Iimi~s, building safety, fire prevention, detection, and suppression, restrooms, site design, and the regulations for incidental outdoor dining shall be complied with to the satisfaction of the Building Official, Fire Marshall, and Community Development Administrator. Compliance is to be determined by having fully detailed tenant improvement plans submitted for plan Check'review and approval. 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 detrimentaj 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 aputs streets and highways adequate in width and pavement-type to carry the kind of traffic generated by the proposed use. CUP 02-009 August13,2002 Page 5 . . e 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. CEQA Pursuant to the provIsions of the California Environmental Quality Act, the Development Services 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 that could not be made less than significant with mitigation incorporation. When considering the record as a 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 Mitigated Negative Declaration has been prepared for this project. The mitigation measures are those conditions of approval tha~ address the potential noise, parking, and police service impacts. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 02-009 subject to the fOllowing conditions: . 1. The eating establishment approved by CUP 02-009 is limited to the 1,550 square foot commercial space with a maximum capacity of 46 patrons (inside and outside) that shall be in compliance with the Building and Fire Codes, and the City's Regulations for incidental outdoor dining (AMC Sec. 9270) to the satisfaction of the Building Official, .Fire Marshall and Community Development Administrator. A maximum of 12 patrons may be seated in the incidental outdoor dining area. Compliance may result in less than 46 patrons being able to fit in the 1,550 square foot commercial space and adjacent outdoor seating area.. 2. The hours of operation on any day shall be between 11 :00 a.m. to 12:00 midnight. 3. This approval of CUP 02-909 includes a parking modification of 8 spaces in lieu of 31 spaces. This Modification does not constitute an approval for a general reduction of the parking requirements for the building or the center, but rather only for the computer game arcade approved by CUP 02-009. 4. All onsite signage shall be in compliance with the City's sign ordinance (AMC Sec. 9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by the Planning Division and appropriate permits shall be obtained from the CUP 02-009 August13,2002 Page 6 . . e Building Division. All signage shall be removed unless an SADR approval or Building Permit is on. file in the Development Services Department regarding said signage. This includes wall signs, window signs, and temporary banners. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 02-009, as well asnohcompliance with the City's Regulations .for incidental outdoor dining (AMC Sec. 9270) shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in closing of the eating establishmem. ' . 6. Approval of CUP 02-009 shall not take effect until the property owner and applicant have executl;ld and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. 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, empl.oyees 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. PLANNING COMMISSION ACTION Approval The Planning Comfnission should move to approve the' Mitigated Negative Declaration, state the supporting findings, and direct staff to prepare a resolution incorporating the Commission's decision~ specific findings, and any conditions of approval. CUP 02-009 , August 13, 2002 Page 7 . . e Denial If the Planning Commission inte'nds to deny this Conditional Use Permit application, the Commission should move for denial and direct staff to prepare a resolution incorporating the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 13, 2002 public hearing, please contact Joe Lambert at (626) 574-5444. -, '""1 by' '., -? // ~~::::.:,"',? ,/ .,/' //'t;7-//b. ~4~/D t--Donna L. Butler "- Community Development Administrator Attachments: Resolution No. 1672 Aerial Photo & Zoning Map Land Use Map Plans and Exhibits Negative Declaration & Initial Study CUP 02-009 August 13. 2002 Rage 8