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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.
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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.
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
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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:
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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.
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. Secretary, Planning Commission
City of Arcadia
~ 17!.o~
Chairman, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
~AP~
Stephen P. Deitsch, City Attorney
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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
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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
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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
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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
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Pavilions
6:00 am -12:00 midnight Seven days a week.
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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
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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
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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
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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.
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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
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