HomeMy WebLinkAboutDecision Letter
City of
Arcadia
Development
Services
Department
Jason Kruckeberg
Assistant City Manager/
Development Services
Director
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066-6021
(626) 574-5415
(626) 447-3309 Fax
www.ArcadiaCA.gov
October 16, 2023
Wil Nieves – Agent for
Zeng Zhen Restaurant, LLC
31 East Duarte Road
Arcadia, CA 91006
Subject: Minor Use Permit No. MUP 23-09
Project Address: 31 East Duarte Road (Zeng Zhen LLC)
Dear Mr. Nieves,
The public comment period for Minor Use Permit No. MUP 23-09 ended on
October 10, 2023. Staff did not receive any comments during the public
comment period. The Development Services Department has
conditionally approved the Minor Use Permit to allow the sale of alcoholic
beverages for on-site consumption (Type 41 ABC License) at an existing
full-service restaurant (dba: Zeng Zhen) located at 31 E. Duarte Rd. The
project is subject to the conditions of approval listed below.
The existing full-service restaurant is located within the General
Commercial (C-G) Zone. The hours of operation will not change and will
remain as previously approved for the existing restaurant from 11:00 AM to
12:00 AM, daily. No later hours are proposed.
Pursuant to Development Code Section 9107.09.050, a Minor Use Permit
may be approved if all of the following findings can be made:
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan.
2. That, subject to the granting of a Minor Use Permit, the use proposed
is allowed within the applicable zone and complies with all other
applicable provisions of the Development Code and Municipal Code.
3. That the design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land
uses in the vicinity.
4. That the site is physically suitable in terms of its design, location,
shape, size, and operating characteristics of the proposed use in
order to accommodate the use, and all fences, landscaping, loading,
parking spaces, walls, yards, and other features required to adjust
the use with the land and uses in the neighborhood; streets and
highways are adequate in width and pavement type to accommodate
public an emergency vehicle (e.g., fire and medical) access; public
protection, and provisions of utilities.
5. That the type, density, and intensity of use proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, pe rsons, property, or
uses in the vicinity and zone in which the property is located.
Based on the information available, the approved project, as conditioned, satisfies all the
required findings necessary to grant a Minor Use Permit (refer to Attachment 1).
Conditions of Approval
1. The use approved by Minor Use Permit No. MUP 23-09 is limited to the sale of beer
and wine for on-site consumption (Type 41 ABC license) within an existing 661
square foot full-service restaurant. No off-site consumption is permitted with this
approval. The business shall be operated and maintained in a manner that is
consistent with the application submitted and conditionally approved for MUP 23-09,
after which the provisions of this MUP may be adjusted by the Planning &
Community Development Administrator, or designee, after due notice to address
any adverse impacts to neighboring businesses and properties.
2. Hours of operation shall be limited to 11:00 AM to 12:00 AM, daily. Any expansion
of the hours may require an amendment to this approval.
3. Any new signage, including window signs, shall be in conforman ce with the City of
Arcadia Development Code and shall require review and approval of the Planning
Services.
4. This Minor Use Permit may be periodically monitored to ensure that it is being
operated in a manner consistent with City regulations, these conditions of approval
and that the use is being operated in a manner, which is not detrimental to the public
health, safety or welfare. Noncompliance with the plans, provisions and conditions
of approval for MUP 23-09 shall be grounds for immediate suspension or revocation
of any approvals.
5. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with by the
property owner/applicant to the satisfaction of the Building Official, City Engineer,
Planning & Community Development Administrator, Fire Marshal, and Public Works
Services Director, or their respective designees. The changes to the existing facility
are subject to building permits after having fully detailed plans submitted for plan
check review and approval by the aforementioned City officials.
6. To the maximum extent permitted by law, Applicant must defend, indemnify, and
hold the City, any departments, agencies, divisions, boards, and/or commissions of
the City, and its elected officials, officers, contractors serving as City officials, agents,
employees, and attorneys of the City (“Indemnitees”) harmless from liability for
damages and/or claims, actions, or proceedings for damages for personal injuries,
including death, and claims for property damage, and with respect to all other actions
and liabilities for damages caused or alleged to have been caused by reason of the
Applicant’s activities in connection with Minor Use Permit No. MUP 23-09 (“Project”)
on the Project site, and which may arise from the direct or indirect operations of the
Applicant or those of the Applicant’s contractors, agents, tenants, employees or any
other persons acting on Applicant’s behalf, which relate to the development and/or
construction of the Project. This indemnity provision applies to all damages and
claims, actions, or proceedings for damages, as described above, regardless of
whether the City prepared, supplied, or approved the plans, spe cifications, or other
documents for the Project.
In the event of any legal action challenging the validity, applicability, or interpretation
of any provision of this approval, or any other supporting document relating to the
Project, the City will notify the Applicant of the claim, action, or proceedings and will
cooperate in the defense of the matter. The Applicant must indemnify, defend and
hold harmless the Indemnitees, and each of them, with respect to all liability, costs
and expenses incurred by, and/or awarded against, the City or any of the
Indemnitees in relation to such action. Within 15 days’ notice from the City of any
such action, the Applicant shall provide to the City a cash deposit to cover legal fees,
costs, and expenses incurred by City in connection with defense of any legal action
in an initial amount to be reasonably determined by the City Attorney. The City may
draw funds from the deposit for such fees, costs, and expenses. Within 5 business
days of each and every notice from City that the deposit has fallen below the initial
amount, Applicant shall replenish the deposit each and every time in order for City’s
legal team to continue working on the matter. The City shall only refund to the
Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-
appealable decision by a court of competent jurisdiction resolving the legal action;
or (ii) full and complete settlement of legal action. The City shall have the right to
select legal counsel of its choice. The parties hereby agree to cooperate in defending
such action. The City will not voluntarily assist in any such third -party challenge(s).
In consideration for approval of the Project, this condition shall remain in effect if the
entitlement(s) related to this Project is rescinded or revoked, at the request of the
Applicant or not.
There is a ten (10) day appeal period for this application. To file an appeal, a completed
Appeal Application form must be submitted to the Community Development Division
along with a $713.00 appeal fee by 5:30 p.m. on October 26, 2023.
Approval of Minor Use Permit No. MUP 23-09 shall not be of effect unless the property
owner and applicant have executed and filed the enclosed Acceptance Form to indicate
awareness and acceptance of these conditions of approval. The Acceptance Form is
due now and if it is not received by November 15, 2023, this approval will become null
and void.
This approval shall expire in one year October 28, 2024 from the effective date unless
plans are submitted to Building Services for plan -check, a building permit is issued and
the construction is diligently pursued, a certificate of occupancy has been issued, or the
approval is renewed. The final plans must be consistent with the approved plans and
any conditions of approval. Any inconsistency from the approved plans may preclude the
issuance of a building permit.
An extension may be granted by the Development Services Director or designee, or the
Review Authority that approved the project for a maximum period of one (1) year from
the initial expiration date. An extension can only be granted if the required findings can
be made. Please note that acceptance of an extension request does not indicate
approval of an extension.
A building permit and inspection may be required for any construction activity. Please
contact Building Services at (626) 574-5416 to determine the type of documentation and
permits needed.
You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this
letter. If you have any questions regarding this approval, please contact me at (626) 574-
5422 or by email at gyesayan@arcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Gary Yesayan
Associate Planner
c: Lebe Melvin S. / Lebe Trust, Property Owner(s)
Attachment:
Minor Use Permit No. MUP 23-09 – Findings for Approval
Acceptance Form
Attachment 1:
Required Findings for Approval of a Minor Use Permit Pursuant to
Development Code Section 9107.09.050
FINDINGS YES NO
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan.
The proposed sale of alcohol at the existing restaurant is consistent
with the Commercial General Plan land use designation, which is
intended to permit a wide range of commercial uses which serve
both neighborhood and citywide markets. The sale of alcohol at the
full-service restaurant will provide an additional service to the
general public typically or often found in many eating
establishments and commercial zoned properties. In addition, the
use will not adversely affect the comprehensive General Plan or any
applicable specific plan.
☒
☐
2. That, subject to the granting of a Minor Use Permit, the use
proposed is allowed within the applicable zone and complies with
all other applicable provisions of the Development Code and
Municipal Code.
The zoning of the site is General Commercial (C-G) and the Arcadia
Development Code Section 9102.03.020 allows the sale of alcohol
at full or limited service restaurants in the C-G Zone subject to
approval of a Minor Use Permit. The proposed sale of alcohol will
be in compliance with all applicable provisions of the Development
and Municipal Code.
☒ ☐
3. That the design, location, size, and operating characteristics of
the proposed activity will be compatible with the existing and future
land uses in the vicinity.
The proposed on-sale of alcohol will be done at an existing
restaurant located in a commercial unit within an existing one-story
commercial building. The existing restaurant is suitably being
operated within the existing commercial space and the sale of
alcohol is not expected to impact the operating characteristics of the
unit. In addition, the use and the proposed hours of operation will
remain unchanged and will be compatible with similar commercial
uses within the area. Lastly, any expansion in the hours o f
operation, including late hours, would require an amendment to this
approval. Therefore, the proposed sale of alcohol will be compatible
with the existing and future land uses in the vicinity.
☒ ☐
4. That the site is physically suitable in terms of its design, location,
shape, size, and operating characteristics of the proposed use in
order to accommodate the use, and all fences, landscaping,
loading, parking spaces, walls, yards, and other features required
to adjust the use with the land and uses in the neighborhood; streets
and highways are adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical)
access; public protection, and provisions of utilities.
The site is physically suitable for the proposed sale of alcohol
because it will be done in conjunction with an existing restaurant
located within an existing commercial unit with existing parking. The
building and site do not require any additional improvements or
alterations to accommodate the proposed on-sale of beer and wine.
The required parking for the proposed use is currently being met
and is provided on the subject site. In addition, the site fronts and
has access to and from Duarte Road, which provides adequate
access to carry emergency vehicles and traffic generated by the
proposed use. Lastly, the proposed use will be serviced by existing
fire and police protection services, and existing utilities. Therefore,
no impacts are anticipated from the proposed use.
☒ ☐
5. That the type, density, and intensity of use proposed will not
adversely affect the public convenience, health, interest, safety, or
general welfare, constitute a nuisance, or be materially injurious to
the improvements, persons, property, or uses in the vicinity and
zone in which the property is located.
The proposed sale of alcohol is compatible with other uses allowed
in the C-G Zone and will benefit the neighborhood by providing
services to local residents and visitors. The proposed hours of
operation will be compatible with existing service and retail
businesses in the immediate area. The proposed use will serve a
“public convenience and necessity” and is in accordance with the
City’s policies to attract new business to enhance the economic
base. It will not result in an adverse impact on the neighboring
businesses or properties; nor will it create a public nuisance. The
Applicant will be required to comply with the California Department
of Alcoholic Beverage Control regulations. In addition, the proposed
business qualifies as a Class 1 Categorical Exemption from the
requirements of the California Environmental Quality Act (CEQA)
under Section 15301 of the CEQA Guidelines as an existing facility.
Therefore, the proposed use will not impact the public convenience,
health, interest, safety of general welfare, will not constitute a
nuisance or be materially injurious to the community, and will not be
out of character with uses in the general area.
☒ ☐