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HomeMy WebLinkAbout1784 e RESOLUTION NO. 1784 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYlNG CONDITIONAL USE PERMIT APPLICATION NO. CUP 08-05 AND THE RELATED PARKING MODIFICATION TO ALLOW AN EXISTING 2,390 SQUARE-FOOT CAFE AND YOGURT SHOP TO ADD SEATING FOR 18 PATRONS AT 643 W. DUARTE ROAD. . WHEREAS, on June 13, 2008, a Conditional Use Penn it application was filed by Boba Tea Zone, Inc. to allow an existing 2,390 square-foot cafe and yogurt shop to add seating for 18 patrons; Development Services Department Case No. CUP 08-05, at property commonly known as 643 W. Duarte Road; and WHEREAS, a public hearing was held on November 25, 2008, 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 provided by the Development Services , Department in the staff report dated November 25, 2008 is true and correct. SECTION 2. This Commission finds: A. That the granting of the Conditional Use Pennit would be detrimental to the public health and welfare, and injurious to the property and improvements in the zone or vicinity because the existing on-site parking facilities are inadequate to support the proposed eating establishments. R That the use applied for at the location indicated is properly one for which a Conditional Use Pennit is authorized; however, the applicant could not satisfy the parking requirements for the requested conditional use as specified in Section 9269.5 et seq. of the Arcadia Municipal Code. . , C. That the site for the proposed use is not adequate III size and shape to accommodate said use due to inadequate on-site parking. D. That the site abuts streets and highways adequate in width. and pavement type to carry the kind of traffic generated by the .proposed use, but the on-site parking is insufficient to accommodate the proposed use. 1 Resolution No. 1784 e . . E. That the granting of such Conditional Use Permit will adversely affect the comprehensive General Plan because there is insufficient on-site parking to accommodate the proposed use, which would be detrimental to the public welfare. F. That the proposed project is a minor alteration of ail existing facility and is therefore exempt from the California Environmental Quality Act (Class I Categorical Exemption, Section No. 15301). SECTION 3. That for the foregoing reasons this Commission denies Conditional Use Permit Application No. CUP 08-05 and the related parking modification to allow an existing 2,390 square-foot cafe and yogurt shop to add seating for 18patrons at 643 W. Duarte Road. SECTION 4. The Secretary of the Planning Commission shall certifY to the a90ption of this Resolution. Passed, approved and adopted this 9th day of December, 2008. Q~ Chairperson, Planning Commission ATTEST: APPROVED AS TO FORM: \ ~.P~ Stephen P. Deitsch City Attorney 2 Resolution No. 1784 . . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) I, JAMES M KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1784 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 9th day of December, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Hsu, and Beranek NOES: None ABSENT: Commissioner Parrille Se of the Planning Commission . . . STAFF REPORT Development Services Department November 25, 2008 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Steven Lee, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 08-05 and the related parking modification to operate a 2,390 square-foot cafe and yogurt shop with seating for 18 patrons at 643 W. Duarte Road SUMMARY Conditional Use Permit Application No. CUP 08-05 proposes to convert a retail unit within an existing commercial center into a 2,390 square-foot cafe and yogurt shop with seating for 18 patrons. The Development Services Department is recommending denial of Conditional Use Permit Application No. CUP 08-05 because there is insufficient parking on the site for two additional eating establishments. GENE~LINFORMATION APPLICANT: Boba Tea Zone, Inc. and Pingo Yogurt LOCATION: 643 W. Duarte Road REQUEST: A Conditional Use Permit and parking modification to allow a 2,390 square-foot cafe and yogurt shop with seating for 18 patrons SITE AREA: Approximately 110,932 square feet (2.55 acres) FRONTAGES: Approximately 389 feet along West Duarte Road and 310 feet along Arcadia Avenue EXISTING LAND USE & ZONING: . The site is developed with a large colTll'(lercial center (Arcadia Center) containing a supermarket, a tutoring center, several restaurants, and a mix of retail stores and banks. A total of 213 parking spaces are provided on-site. . . . EXISTING LAND USE & ZONING: The site is developed with a large commercial center (Arcadia Center) containing a supermarket, a tutoring center, several restaurants, and a mix of retail stores and banks. A total of 213 parking spaces are provided on-site. GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES & ZONING: North: Multiple-family residential, zoned R-3 South: General and medical/dental offices, zoned C-2 East: Medical/dental offices, zoned COO West: Mixed commercial, zoned C-2 BACKGROUND I In December 2003, Boba Tea Zone, Inc. (dba Lollicup) was issued a business license subject to the condition that food and beverages would be served on a take- out only basis and that there should be no seating for customers. Take-out eateries are considered retail uses and do not require a Conditional Use Permit. In July of this year, Pingo Yogurt was issued a business license subject to the same condition. The space currently occupied by Pingo Yogurt was previously a retail area selling books and music. Both businesses have been issued citations by Code Services after staff discovered that tables and chairs were added in violation of the business license approvals. PROPOSAL AND ANALYSIS The applicants are proposing to expand two existing businesses in the same unit (a tea caUl and yogurt shop) to allow seating for a total of 18 patrons. Such an expansion would classify both businesses as "eating establishments, n which cannot operate without an approved Conditional Use Permit (Arcadia Municipal Code Section 9275.1.45.1). Eating establishments are defined as businesses selling prepared food or beverages where customers may serve themselves and may eat or drink the food or beverages anywhere on the premises or parking lot. Conversion of the retail uses to eating establishments will not involve any exterior alterations to the structure; only the addition of tables and chairs as shown on the proposed floor plan. The subject property is located in Arcadia Center (627-655 W. Duarte Road) a major commercial center containing a mix of retail stores, banks, and several intense uses such as a large supermarket, a tutoring center, and four (4) sit-down restaurants. There are also a few take-out food establishments. All of. the intense uses were CUP 08-05 643 W. Duarte Rd. .._..__..._......1: f'U"^'" ____ "'" approved prior to the renovation of the center in 2004, when the center was underutilized and traffic volumes were much lower than the tr:affic volumes of today. The intense uses, while acceptable at the time of approval due to very different conditions at the center, have gradually led to an overall parking shortage as the center has grown in popularity. The following table summarizes the existing uses at the center and the corresponding number of required parking spaces based on the City's current parking requirements: Arcadia center- 627-665 W. Duarte Rd. - Existing Uses and Partdng Requirements Parking Reaulred Notes 34 CUP 99-10 7 7 7 14 i 21 43 ' 12 110 3 6 3 6 5 5 19 ' 4' 5 5 1 317 ' e . Unit # 627 629 631 633 635-637 639 641 643. 645 651 651A 651B 651C 6510 651E 651F/G 653 655 655B N1A Totals: .SubJect unit Use Restaurant Jewelry store Phannacy Vacant (Mura yogurt shop) Bank Restaurant Tutoring school Caf6 & yogurt shop Supennarket Cosmetics store Bakery Restaurant Take-out caf6 Clothing boutique Take-out caf6 Restaurant Salon Silk store Optometrist A TM (bank) Sa. Fta. 3,400 1,360 1,400 1,400 3,500 2,094 2,500 2,390 22,000 644 1,166 640 1,102 980 942 1,850 700 900 1,020 200 50,188 CUP 01-04 CUP 98-02 CUP 02-15 Legal nonconfonnlng CUP 01-16 With only 213 stalls provided on-site, the center is currently deficient by 104 parking spaces. Approval of two additional eating establishments wO,uld further increase the deficiency because the parking requirement is greater for eating establishments than for retail uses (10 spaces per 1,000 square feet of floor area for restaurants/eating establishments and 5 spaces per 1,000 square feet for retail). Pursuant to the City's current parking regulations, 2,390 square-feet of eating establishment would require 24 parking spaces, or 12 spaces more than would be required if the space were to be a retail/take-out only use. As a result. the parking deficiency at the center would increase from 104 to 116 spaces; 213 in lieu of 329 spaces required overall. In order to more accurately assess the current parking situation, the Development Services Department asked the applicents to provide a parking survey. The staff of Lollicup submitted the attached survey, which was conducted between Monday, October 13, 2008 and Sunday, October 19, 2008. The week-long survey provides the numbers of vacant or available parking spaces at the center between the hours of 11 :00 a.m. and 9:00 p.m., recorded at one-hour intervals. The survey indicates . CUP 08-05 643 W. Duarte Rd. ..._. ~__&o.._"''''1:' "^,,,n ____" - . . that parking availability fluctuates widely based on the time of day and the day of the week, and that there were never less than 42 spaces available, even during peak hours. In general, parking demand was highest during lunch and dinner hours due to the many restaurants and eating establishments at the center. In staff's opinion, the numbers in the parking survey seem inflated. Staff inspected the site on two occasions to verify the accuracy of the survey data and found the parking deficiency to be worse than the survey indicates. For example, on a recent Wednesday at 12:00 noon, staff counted 33 vacant spaces while the survey counted 49 spaces at the same time on a Wednesday. Additionally, most of the vacant spaces were located behind the supermarket, not in the main parking area where most people prefer to park. Staff counted only 13 vacant spaces in the main parking area and many of those were handicap or labeled for bank only parking. Based on the survey data and recent site visits, staff believes that allowing two additional eating establishments would aggravate an already severe parking shortage. Although the applicants are only proposing to add 18 seats, staff believes the cumulative impact will be significant. Furthermore, the Planning Commission has denied two other Conditional Use Permit applications for eating establishments at the same shopping center due to concerns about parking. In February 2007, the Planning COll)mission denied CUP 07-02 for a restaurant with seating for 33 patrons, and in January 2005, the Planning Commission denied CUP 05-01 for a teahouse with seating for 8 patrons. In both cases, the parking shortage was cited as the reason for denial. CODE REQUIREMENTS All City requirements regarding disabled accass and facilities, occupancy limits, building safety, parking and site design shall be complied with to the setisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director. PEQA Pursuant to the proVISions of the California Environmental Quality Act, the Development Services Department has determined that the proposed project is a minor alteration of an existing facility, and is therefore categorically exempt from CEQA (Class 1, Section 15301). A Preliminary Exemption Assessment is attached. 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 al/ of the fol/owing prerequisite conditions can be satiSfied: CUP 08-05 643 W. Duarte Rd. ..I_..__'-_......t: ~'U"t'\" ____.. e . . 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 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 abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends denial of Conditional Use Permit Application No. CUP 08-05 due to the site's intense uses and the existing parking deficiency. If the Planning Commission determines, based on the evidence presented, that the proposed eating establishments are an appropriate use at this site and moves to approve Conditional Use Permit Application No. CUP 08-05, staff recommends the following conditions of approval: 1. The eating establishment(s) approved by CUP 08-05 is limited to the cafe and yogurt shop, which shall be operated and maintained in a manner that is consistent with the proposal and plans (2,390 square-feet of eating establishment(s) with seating for up to a combined total of 18 patrons) submitted and conditionally approved for CUP 08-05, subject to the satisfaction of the Community Development Administrator. 2. The approval of CUP 08-05 includes a parking modification of 213 spaces in lieu of 329. This modification is approved only for the specific combination of uses approved by CUP 08-05, and not for the building and/or site in general. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 08-05 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutorial and educational center. CUP 08-05 643 W. Duarte Rd. t.1_.~__~_.""r: ~n ____ r: 4. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department. 5. Approval of CUP 08-05 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Fo.rm available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6. 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 conceming 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 Govemment 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 conceming 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 attomey to represent the City, its officers, employees, and agents in the defense of the matter. . PLANNING COMMISSION ACTlQN - . Denial The Planning Commission should move to deny Conditional Use Permit Application No. CUP 08-05, and direct staff to prepare a resolution Incorporating the Commission's decision and specific fi~dings for adoption at the next meeting. Approval If the Planning Commission intends to approve Conditional Use Permit Application No. CUP 08-05, the Commission should move to approve and direct staff to prepare a resolution incorporating the Commission's decision, findings, and conditions of approval for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the November 2511l public hearing, please contact Steven Lee, Assistant Planner, at (626) 574-5444 or via emailat slee@ci.arcadia.ca.us. Approved by: CUP 08-05 643 W. Duarte Rd. .,_.:__..._.. '"'C' ""l\.I'\ft ____ t:!I e . . Jim Kasama, Community Development Administrator Attachments: Aerial Photo and Vicinity Map Plans Parking Survey Photos Preliminary Exemption Assessment CUP 08-05 643 W. Duarte Rd. "I_..__~__ ""I: """"'n ____ '"'7