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Home My WebLink About1657 e RESOLUTION NO. 1657 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. 02-003 TO SERVE ALCOHOLIC BEVERAGES AND EXTEND THE HOURS OF OPERATION OF THE EXISTING RESTAURANT LOCATED AT 855 SOUTH BALDWIN AVENUE WHEREAS, on January 14, 2002, a Conditional Use Permit application was filed by New Capital International, Inc., dba New Capital Seafood Restaurant requesting a conditional use permit to serve beer and wine at the newly opened restaurant and to revise the hours of operation to 8:30 a.m. to 1 :00 a.m. Development Services Department Case No. C.U.P. 02-003 at property commonly known as 855 South Baldwin Avenue; and WHEREAS, a public hearing was held on February 26, 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 HEREBY 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 for the reasons set forth in the above . report: 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 a proper use 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 granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. -1- 1657 e . - ",... 5. 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 02-003 to serve alcoholic beverages and to change the existing hours of operation of the restaurant upon the following conditions: 1. That the hours of operation shall be limited to 8:30 a.m. to 1 :00 a.m. 2. That a uniformed security guard shall be present every night from 1 0:00 p.m. until 1 :00 a.m. 3. A report shall be presented to the Planning Commission within six (6) months after the adoption of this Resolution reporting on the status of the business operation, including information from the Police Department regarding any calls or problems on the property. 4. That a "Right Turn Only" sign shall be installed at the driveway entrance subject to review and approval of the Development Services Department. 5. Approval of CUP 02-003 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 acceptance of the conditions of approval. SECTION 4. 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. -2- 1657 - - . . e I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on 2/25/02, by the following vote: AYES: Commissioners Baderian, Huang, Murphy, Olson NOES: None ABSENT: Commissioner Kalemkiarian \ ~ k ,QJ Chairman, 'Planning Commission City of Arcadia A/I ~##-L~~ 'Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: r~ Step en P. Deitsch, City Attorney City of Arcadia -3- 1657 - February 26, 2002 STAFF REPORT DIDmLOPMENTSER~CESDEPARTMENT FROM: Arcadia City Planning Commission Donna Butler, Community Development Administrator TO: SUBJECT: Conditional Use Permit No. 02-003 SUMMARY This Conditional Use Permit (CUP) application was submitted by New Capital International, Inc., (dba New Capital Seafood Restaurant) and requests a new conditional use permit to serve beer and wine at the newly opened restaurant and to revise the hours of operation to 8:30 a.m. to 1 :00 a.m. at 855 South Baldwin Avenue. . The Development Services Department is recommending approval of CUP 002-003 subject to the conditions set forth in the' staff report and adoption of Resolution 1657 granting Conditional Use Permit No. 02-003 to serve beer and wine and revise the hours of operation for the existing restaurant at 855 South Baldwin Avenue GENERAL INFORMATION APPLICANT: New Capital International, Inc., dba New Capital Seafood Restaurant LOCATION: 855 South Baldwin Avenue REQUEST: A Conditional Use Permit to change the hours of operation for the existing restaurant to 8:30 a.m. to 1 :00 a.m. and to serve beer and wine. SITE AREA: The site contains 41,275 square feet. FRONTAGES: 141+ feet on Baldwin Avenue EXISTING LAND USE & ZONING: The site is developed with a 6, 200 sq. ft. restaurant; zoned C-2 and PR-3 (parking overlay). - I . . - SURROUNDING LAND USES & ZONING: North: South: East: West: Developed with KFClTaco Bell; zoned C-2 and PR-3 Developed with multiple-family residential, a bank commercial; zoned R-3 and C-2 Developed with strip commercial; zoned C-2 Development with multiple-family units; zoned R-3 and strip GENERAL PLAN DESIGNATION: The subject site is designated Commercial. BACKGROUND The existing eating establishment was approved in 1971 (CUP 71-4). At the same time the rear (westerly) portion of the subject site was rezoned from R-3 to PR-3 to provide parking for the proposed eating establishment. The proposed eating establishment (a Sizzler Restaurant) had a total square footage of 4,200 square feet. In 1986 a second conditional use permit (CUP 86-12) was granted expanding the Sizzler restaurant to a total square footage of 4,740 sq. ft. The Sizzler Restaurant closed in 1994. In 1995 CUP 95-006 was granted to add an additional 1,500 sq. ft. to the restaurant, for a total building area of 6,200+ square feet. Since 1995 there have been a total of five (5) restaurants on the site including the current operation New Capital Seafood Restaurant that opened in December 2001. PROPOSAL The applicant is requesting a conditional use permit to serve beer and wine and to change the hours of operation to 8:30 a.m. to 1:00 a.m. Their current hours are 11 :00 a.m. to 10:00 p.m. Section 9263.1.2 requires a conditional use permit for the sale of alcoholic beverages and for businesses that are open to the public more than 16 hours per day or any time after midnight and located less than 150 feet from residentially zoned property. Properties directly to the west and south are zoned R-3, therefore, a conditional use permit is required for the extended hours and the sale of beer and wine. The restaurant has seating for approximately 160 persons. There are 63 on-site parking spaces. Code requires 10 parking spaces per 1,000 sq. ft. of gross floor area. The parking complies with code requirement, however, during the lunch hour staff has observed on several occasions a number of patrons of the new restaurant utilizing the parking lot behind the KFClTaco Bell located north of the restaurant site CUP 02-003 February 26, 2002 Page 2 . - ~ walking to the restaurant. There is a reciprocal access easement agreement between the KFCfTaco Bell and the existing restaurant. ANALYSIS In reviewing the previous CUP applications for this property, there was no discussion regarding the hours of operation. Previous restaurants, however, have served beer and wine as well as other alcoholic beverages. It is staffs opinion that the sale of beer and wine will not adversely affect the area including the residential neighbors to the west and south. The Police Department has reviewed this request and commented: There have been "no major disturbances or occurrences requiring other than a normal or routine police responses periodically over the past three years. We have no objection to the granting of the CUP with the provisions of serving beer and wine and of staying open until 1 :00 a.m." Although the Police Department did not express concerns at this time regarding the extended evening hours of operation, Planning staff is apprehensive with the change in evening hours to 1 :00 a.m. As noted, the parking area abuts multiple-family residential units to the west and south. Because of the close proximity to these neighbors it is staffs opinion that the restaurant closing hour should be no later than 12:00 a.m. (midnight). ' In reviewing preVious conditions of approval for this restaurant, egress from the site was restricted to right-turns only to facilitate better access to and from the restaurant because of the narrow driveway. Staff is recommending that this condition be imposed and that a sign be posted at the driveway exit stating "Right Turns Only". MISCELLANEOUS The City has received a letter (attached) from Siegfried G. Demke who resides on Fairview Avenue expressing his concern regarding the extension in hours. He noted that the east end of Fairview Avenue has become an overflow parking lot for the employees and customers of the restaurant. The restaurant is located approximately 280'-0" from Fairview Avenue. During staffs visits during the lunch hour, staff did not observe persons walking to the restaurant from Fairview Avenue, however, Fairview Avenue does have a significant amount of on-street parking which based on our observation is a result of a number of uses along both Baldwin Avenue and Fairview (including the existing multiple-family units). CUP 02-003 February 26, 2002 Page 3 . . ~ 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. When considering the record as a whole, there is no evidence that the proposed p~oject 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 approval of Conditional Use Permit No. CUP 02-003 subject to the following conditions: 1. ThaUhe hours of operation shall be limited to 8:30 a.m. to 12:00 a.m. (midnight). 2. That a "Right Turn Only" sign shall be posted at the driveway entrance subject to review and approval of the Development Services Department. 3. Approval of CUP. 02-003 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 acceptance of the conditions of approval. FINDINGS AND MOTIONS Approval The Planning Commission should move to adopt the Negative Declaration and approve CUP 02.003 by adopting Resolution No. 1657 granting Conditional Use Permit No. 02-003 to serve alcoholic beverages and extend the hours of operation of the existing restaurant located at 855 South Baldwin Avenue. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should move for denial and direct staff to prepare a resolution that incorporates the Commission's decision and specific findings. CUP 02-003 February 26, 2002 Page 4 . . . If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the February 26 public hearing, please contact Donna L Butler at (626) 574-5442. Attachments: Applicant's plans Land Use and Zoning Map Negative Declaration & Initial Study Resolution 1657 Letter from Siegfried G. 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F" -~ -~, "'~" .. , _ 'j I'Oll: .. ... - .. / -' f1J . ., '(1 ':' ,'A '(f"'{ l nrl .1...-....~ -r ~~ .' (' . . T ~.~ ~. ' <~~J.", , >:,~.,~Ro , -'r-""'-'iir R~:~iC:;F) , <. < '.... r, ',f\ ~~ ~~~ J . , ' - ~ 'k' a~ 0~~- -1 . {}, ,. i " " J B " [J.: ~ _ 7 . ~ ;Jir:.~, l c::. ~'l- .~ ~ ~~ro . , .,..; '," ... 11 ~fl.-d'~ '. ~ I .,!, !f'~~'lt:J ~,-r:li't,\". "',',_ ,-'..~ .,. ~ 855 S Baldwin Ave o Arcadia IR-2 ~Zone ~~~ S ~~UdWff07J A\V~ CU~ 2(oXOJ2c(o)(o)3 . . . File No.: CUP 02-003 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION A. Title and Description of Project: Conditional Use Permit 2002-03 to oeprate.a vacated restaurant from 8:30 a.m to 1 :00 a.m. and to serve beer and wine within. the restaurant. B. Location of Project: 855 S. Baldwin Avenue Arcadia, CA 91007 C. Name of Applicant, Sponsor or Person Undertaking Project: New Capital International, Inc. The City Council 0 Planning Commission D. having reviewed the Initial Study of this proposed project and having reviawed the written comments received prior to the public meeting of the City Council, Including the recommendaiton of'the City's staff, does hereby find and declare that the proposed project will not have asiginificant effect on the environment. A brief statement of the reasons supporting the City CouncWs findings are as follows: The City Council 0 Planning Commission 0, hereby finds that the Negative Declaration reffects its independent judgement. A copy of the Initial Study may be obtained at: Community Development Division City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 (626) 574-5423 The location and custodian of the documents and any other material which constiture the record of proceedings upon which the City based its decision to adopt this Negative Declartion are as follows: Community Development Division City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 (626) 574-5423 Date: Date Posted: Donna Buller, Community Development Administrator Staff 4/01 File No. C.U.P. 2002-003 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Conditional Use Permit (CUP 2002-03) to operate a vacated restaurant from 8:30 a.m. to 1 :00 a.m. and to serve beer and wine. 2. Project Address: 855 S. Baldwin Avenue 3. Project Sponsor's Name, Address & Telephone Number: New Capital International, Inc. 855 S. Baldwin Avenue Arcadia, CA 91007 (626) 445-9998 . 4. Lead Agency Name & Address: City of Arcadia - Development Services Department Community Development Division -- Planning Services 240 W Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 5. Lead Agency Contact Person & Telephone Number: Donna Butler, Community Development Administrator (626) 574-5423 6. General Plan Designation: Commercial 7. Zoning Classification: C-2 and PR-3 8. Description of Project: Conditional use permit to sell beer and wine at the existing restaurant and to expand the hours of operation to 8:30 a.m. to 1:00 a.m. . -1- CEQA Checklist 7/95 . . .. File No, C.U.P. 2002-003 9. Other public agencies whose approval is required: N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] [ ] [ ] [ .] [ ) [ ) [ ) [ ) [ ] [ ) [ ] [ ] [ ] [ ] [ ] [ ) Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Resources Mandatory Finding of Significance Land Use & Planning Population & Housing Geological Problems Water Air Quality Transportation I Circulation Biological Resources Energy and Mineral Resources DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: [xl I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [] I find that the proposed project MAY have a significant effect on the environment, butthat at least one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards and has been addressed by mitigation measures based on that earlier analysis as described on attached sheets, and if any remaining effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," an ENVIRONMENTAL IMPACT REPORT is required, but it only needs to analyze the effects that have not yet been addressed. -2- CEQA.Checklist 7/95 . . . File No. C.U,P, 2002,003 [ ] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report pursuant to applicable standards and have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. By: Donna Butler, Community Development Administrator For: The City of Arcadia - Development Services Department .) , ./7 ( I /c-"? ~ , , . .\ ../" ....--- Signature - -- /"") y/ _ __-Z~> Date: January 21, 2002 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for'all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects such as the one involved (e.g., the project is not within a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction related as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more, "Potentially Significant Impact" entries when the determination is made, an Environmental Impact Report is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce, the effect to a less than significant level (mitigation measures from Section 17 "Earlier Analyses" may be cross-referenced). -3- CEQA Checklist 7/95 . . . File No. C.U.P. 2002-003 5. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration {Section 15063(c)(3)(D)}. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist, references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. -4- CEQA Checklist 7/95 . . . 1. AESTHETICS - Would the project a) Have a substantial adverse effect on a scenic vista? b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new so.urce of substantial light or glare which would adversely affect day or nighttime views in the area? The proposed restaurant is existing and there will be no extemal physical changes to the restaurant and therefore, no impact on aesthetics. AGRICULTURE RESOURCES - In determining whether impacts to agriculture resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dep!. of Conservation as an optional mOdel to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmiand.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? There are no agricultural resources within the City. 3. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pOllution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact o o o o o o o File No.:,CUP 02-003 Less Than Significant With Mitigation Incorporation o o o o o o o Less Than Significant Impact o o o o o o o No Impact tEl tEl tEl tEl tEl tEl tEl CEQA Checklist 4 01/21/02 . . . a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan.or Congestion Management Plan? b) Violate any stationary $ource air quality standard or contribute to an existing or projected air quality violation? c) Result in a net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Create or contribute to a non-stationary source "hot spot" (primarily carbon monoxide)? e) Expose sensitive receptors to substantial pollutant concentrations? f) Create objectionable odors affecting a substantial number of people? 4. The restaurant is existing and the request to allow the sales of alcholic beverages will not create any additional impacts to air quality . BIOLOGICAL RESOURCES c Would the project: a) Adversely impact. either directly or through habitat modifications, any endangered, rare, or threatened species, as listed in Title 14 of the California Code of Regulations (sections 670.2 or 670.5) or in Title 50, Code of Federal Regulations (sections 17.11 or 17.12)? b) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U,S. Fish and Wiidlife Service? c) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified ih local or regional plans, policies, and regulations. or by the Califomia Department of Fish and Game or US Fish and Wildlife Service? d) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrologicai interruption, Potentially Significant Impact o o o o o o o o o o File No.: CUP 02-003 less Than Significant With Mitigation Incorporation o o o o o o D D D D less Than Significant Impact o o o o o D D D D D No impact 12l 121 12l f8l 12l f8l 12l 121 12l f8l CEQA Checklist 5 01/21/02 . a) 6. . a) . or other means? e) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use 'of wildlife nursery sites? f) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation polley or ordinance? g) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local. regional or state habitat conservation plan? The restaurant is located in a developed area along Baldwin Avel'1ue. There are no physical changes proposed to thll existing site and there will be no impacts to biological resources. 5. CULTURAL RESOURCES - Would the project: Cause a substantial adverse change in the significance of a histOrical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources,or a local register of historic resources? b) Cause a substantial adverse change in the 'significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that. without merely adding to the current boily of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic eventor person)? c) Disturb or destroy a unique paleontological resource or site? d) Disturb any human remains, including those interred outside of formal cemeteries? The restaurant is an existing use.. None of the above resources have been identified at the subject area and none of the impacts have been associated with the proposed use, GEOLOGY AND SOILS - Would the project: Expose people or structures to potential substantial adverse Potentially Significant Impact D D D D D D D D File No.: CUP 02-003 Less Than Significant With Mitigation Incorporation D D D D D D D D Less Than Significant Impact D D D D D D D D No Impact 121 121 121 121 121 121 I8l I8l ceOA Checklist 6 01/21/02 File No.: CUP 02-003 . Less Than Potentially Significant Less Than Signifi,cant With Significant No Impact Mitigation Impact Impact Incorporation effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the 0 0 0 t8J most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Ii) Strong seismic ground shaking? 0 0 0 t8J Hi) Seismic-related ground failure, including liquefaction? 0 0 0 t8J Iv) Inundation. by seiche, tsunami, or mudflow? 0 0 0 t8J v) . Landslides? 0 0 0 t8J vii) WildlanCl fires, including where wildlands are adjacent to 0 0 0 t8J urbanized areas and where residences.are intermixed with wildlands? . b) Would the project result in substantial soil erosion or the loss of 0 0 0 [8J topsoil? c) Would the project result in the loss of a unique geologic feature? 0 0 0 [8J d) Is the project located on strata or soil that is unstable, or that 0 0 0 ~ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? e) Is the project located on expansive soil creating substantiai risks 0 0 0 t8J to life or property? f) Where sewers are not available for the disposal of wastewater,is 0 0 0 [8J the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? While this entire region is subject to,the effects of seismic activity, the subject location has not been determined to be especially susceptible to any of the above geological or soil problems. In addition, there will be no physical changes to the property since this is an existing facility. . VII. HAZARDS AND HAZARDOUS MATERIALS - Would the CEOA Checklist 7 01/21/02 . . . project; a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Is the project located on a site which is included on a list of . hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, wouid it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result In a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically Interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? There will be no physical changes to the property. The conditional use permit is to allow the addition of the sales of beer and wine only and extend the hours of operation. Potentially Significant Impact o o o o o o o o File No,: CUP 02-003 Less Than Significant With Mitigation Incorporation o o o o o o o o L~ss Than Significant Impact o o o o o o o o No Impact [2J [2J [2J [2J [2J [2J [2J [2J CEQA Checklist 8 01/21/02 . . 8. HYDROLOGY AND WATER QUALITY - Would the project a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net defic~ in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells WCJUld drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattem of the site or area, including through the alteration ofthe course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which WOuld result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? f) Place housing within a 1 OO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 1 OO-year floodplain structures which would impede or redirect flood flows? The extension of the hours of operation and sales of beer and wine will not result in any physical changes to the site. 9. LAND USE AND PLANNING - Would the project . a) Physically divide an established community? Potentially Significant impact o o o o o o o o File No,: CUP 02-003 Less Than Slgnlflcant With Mitigation Incorporation o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ CEQA Checklist 9 01/21/02 . b) Conflict with any applicable land use plan, policy. or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? The restaurant use is consistent with the zoning and the general plan. The requested conditional use permit is permitted per the zoning regulations and allows the City to establish specific conditions of approval. 10. MINERAL RESOURCES. Would the project: . a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? b) Result in the loss of availability of a loeally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The subject site is not in a known mineral resource area and is within a fully developed commercial area. 11. NOISE. Would the project result In: . d) a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groiJndborne vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in th.e project vicinity above levels existing without the project? A substantial temporary or periOdiC increase in ambient noise levels in the project vicinity above levels existing without the Potentially Significant Impact o o o o o o o o File No.: CUP 02-003 Less Than Significant With MItigation Incorporation o o o o .0 o o ~ Less Than Significant Impact o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ o CEQA Checklist 10 01/21/02 . . a) . project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two mUes of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The extension in the hours of operation and the sale of alcholic beverages will not result in any increase in noise levels at the site. 12. POPULATION AND HOUSING. Would the project: Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example,' through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantiai numbers of people, necessitating the construction of replacement housing elsewhere? This is an existing restaurant and there will be no impact on population and housing. 13. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Potentially Significant Impact o o o o o o o File No.: CUP 02-003 Less Than Signiffcant With Mitigation Inccirporation o o o o o o o Less Than Significant Impact o o o o o o o No Impact t81 t81 t81 t81 t81 t81 t81 CEQA Checklist 11 01/21/02 . b) . . Police protection? Schools? Parks? Ollier public facilities? There are no changes to existing uses and therefore no impact on public services. 14. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recrelltional facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilIties which might have an adverse physical effect on the environment? The use is located in an existing commercial building. 15. TRANSPORTATIONITRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to'the existing traffic load and capacity of the street system (Le., result in a substantiai increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards toa design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e,g., farm equipment)? Potentially Significant Impact D D D D D D D D D D File No.: CUP 02-003 Less Than Significant With Mitigation IncOrporation D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D No Impact CR1 CR1 CR1 CR1 CR1 CR1 CR1 CR1 CR1 CR1 CEQA ChecklIst 12 01/21/02 . e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict. with adopted policies supporting alternative transportation (e.g., bus tumouts. bicycle racks)? The change in the hours of operation and the sales of alcoholic beverages will not result in impacts to transportation and there is adequate on-site parking to accommodate said use, 16. UTILITIES AND SERVICE SYSTEMS - Would the project: . b) . a) Exceed wastewater treatment requirements of the appiicable Regional Water Quality Control Board? Require or resuit in the construction of new water or wastewater treatment facilities or expansion of existing faci.lities. the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing faciiities, the construction of which could cause significant environmental effects? d) Are sufficient water supplies available to serve the project from existing enUllements and resources, or are new or expanded entitlements needed? e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the projecrs projected demand in addition to the provider's existing commitrilents? f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? There will be no impacts to utilities. This is a developed commercial building and the increase hours and sale of alcoholic Potentially Significant Impact o o o o o o o o o File No.: CUP 02-003 Less Than Significant With Mitigation Incorporation o o o o o o o o o Less Than SlgnlRcant Impact o o o o o o o o o No Impact 121 o o 121 121 121 121 181 121 CEQA Checklist 13 01/21/02 . . . beverages will not impact utility services. 17. MANDATORY FINDINGS OF SIGNIFICANCE- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a, project are considerable when viewed in connection with the effects of past projects, the effects of other current projects. and the effects of probable future Projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact o o o o File No.: CUP 02-003 Less Than Significant With Mitigation Incorporation o o o o Less Than Significant Impact o o o o No Impact 181 181 181 181 CEaA Checklist 14 01/21/02 File Nq(~r.:? -0"-:3 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 (626) 574-5400 ENVIRONMENTAL INFORMATION FORM Date Filed: 1/14/02 General Information . 1. Name and address of developer or project sponsor: New Capital International, Inc. 833 S. Baldwin Ave. Aracadia, CA 91007 2. Address of project (Location): 855 S. Baldwin Ave. Arcadia, CA 91007 .. Name, address and telephone number of person to be contacted concerning this project: T.ina Chan (626) 575-8336 Cell#(626)825-0733 855 S. Baldwin Ave. Arcadia, cA 91007 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: Beer & Wine License 5. Zoning: C-2 6. General Plan Designation: Proiect Description 7. Proposed use of site (project description): Commercial Restaurant . 8. Site Size: 6266 Sq. Ft. I Acre(s) ~. Square footage per building: 6266 10. Number of floors of construction: 1 11. Amount of off-street parking provided: 63 12. Proposed scheduling of project: As Soon as Possibly 13. Associated projects: None 14. Anticipated incremental development: . 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household sizes expected: none None 16. If commercial, indicate the type, Le. neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, hours of operation: Neighborhood. 8:30am to 1:am 17. If industrial, indicate type, estimated employment per shift, and loading facilities: None 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: None 19. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is required: . Conditional Use Permit EnlllronlnfoForm -2" 4/01 20. Are the following items applicable to the project or its effects? Discuss below all items . checked yes (attach additional sheets as necessary). YES NO -- 29. Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) 31. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.) 32. Relationship to a larger project or series of projects 33. Has a prior environmental impact report been prepared for a program, plan, policy or ordinance consistent with this project? o 0 34. 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? Environmental Settina o UiI o rn o 13 D~ o Ga o Uil OUil o I!I .0 ~ o ~ o ~ o ~ o ua 21. Change in existing features of any hills, or substantial alteration of ground contours. 22. Change in scenic views or vistas from existing residential areas or public lands or roads. 23. Change in pattern, scale or character of general area of project. 24. Significant amounts of solid waste or litter. 25. Change in dust. ash, smoke, fumes or-odors in vicinity. 26. Change in ground water quality or quantity, or alteration of existing drainage patterns. 27. Substantial change in existing noise or vibration levels in the vicinity. 28. Is site on filled land or on any slopes of 10 percent or more? 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. . EnvlrcnlnfcFcrm -3- 4/01 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 fumished above and in the attached exhibits present 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 11/14/02 -;Z~tttY ~ (Signature) I For -----7. ~ 71C/ tJ?-'VA-,u&- t . . EnvironlnloForm -4- 4/01 ,'f.-'" I' ~"',...o ~~' l"'; 1~1 ^ ~aL~ ,'kj'l~~'J: ~~;;~; ;',; 0" ,,,,,"~~df.-'i, ,,:'-- "'.' c.::',.. ~~., .. ,~,,~~-;-" ~~ ~ _r: __~,+:-;:-~J ;.,: ~:'" ,--~_~"...J.:~:~;: ..:,~ ,~':. ~ ;~:;~:~~~ .___ - __, _. ,..c- . . ,. .. . f"] . > .\' ; ) II' l . ,;" 4 I" ~ r,.~~.t \ M i ' ~, ~r)~'" '" . /"", r' ,(' /' . -- ""'-:, ~,j. /. \; 41.: ;-~ ~'iu.--'.~ ~~-~-~(;~. /i.. - . ~ <l'l l'-" ,.-------- ['~ - "- ;:-- " .,' ,~~- .; ----~ - ~ " - . . 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