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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.
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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
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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.
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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.
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Resolution No. 1784
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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.
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Chairperson, Planning Commission
ATTEST:
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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Resolution No. 1784
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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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
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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.
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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
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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.
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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 '
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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
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CUP 08-05
643 W. Duarte Rd.
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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.
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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.
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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
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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.
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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.
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