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RESOLUTION NO. 1791
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. CUP 09-01 TO AMEND
AN EXISTING CONDITIONAL USE PERMIT (CUP 03-05,
RESOLUTION NO. 1695) TO ALLOW GENERAL
COMMERCIAL USES IN THE 2,787 SQUARE-FOOT FREE-
STANDING UNIT THAT WAS PERMITTED AS A
RESTAURANT AT 306-310 S. FIRST AVENUE
WHEREAS, on February 19, 2009, a conditional use permit
application was filed by Rosi Ueng of Treeline Realty to amend an existing
Conditional Use Permit (CUP 03-05, Resolution No. 1695) to allow general
commercial uses in the 2,787 square-foot free-standing unit that was
permitted as a restaurant, Development Services Department Case No. CUP
09-01, at property commonly Down as 306-310 S. First Avenue; and
WHEREAS, a public hearing was held by the Planning Commission
on April 14, 2009, at which time all interested persons were given full
opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE
CITY OF ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the staff report dated April 14, 2009 is true and
correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use .Permit will not be
detrimental to the public health or welfare, or injurious to the property or
improvements in such zone or vicinity because the project is exempt from
the requirements of the California Environmental Quality Act per Section
No. 15301, for projects involving minor alterations of an existing facility.
2. That the use applied for at the location indicated is a proper one
for which a Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
accolrimodate said use. All yards, spaces, walls, fences, loading,
landscaping and other features including the shared parking with the
neighboring business, are adequate to adjust said use with the land and uses
in the neighborhood. The proposed project complies with all related zoning
requirements as set forth in the Arcadia Municipal Code.
4. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not
adversely affect the comprehensive General Plan because the land use and
current zoning are consistent with the General Plan.
2 .1791
6. That the use applied for will not have a substantial adverse impact
on the environment, and that based upon the record as a whole there is no
evidence that the proposed project will have any potential for an adverse
effect on wildlife resources or the habitat upon which the wildlife depends.
SECTION 3. That for the foregoing reasons this Commission
grants Conditional Use Permit No. CUP 09-01 to amend an existing
Conditional Use Permit (CUP 03-05, Resolution No. 1695) to allow general
commercial uses in the 2,787- square-foot free-standing unit that was
permitted as a restaurant at 306-310 S. First Avenue, subject to the
following conditions:
1. The approval of CUP 09-01 limits the use of the subject 2,787
square-foot freestanding unit to restaurants and to general commercial uses
that are permitted within the subject C-2 zone. The property shall continue
to be operated and maintained in a manner that is consistent with CUP 03-
O5, except for the proposal and plans submitted and approved for the
amendment by CUP 09-01.
2. Noncompliance with the plans, provisions and conditions of
approval for CUP 03-OS and CUP 09-01 shall be grounds for immediate
suspension or revocation of any approvals.
3 1791
3. All City requirements regarding disabled access and facilities,
occupancy limits, building safety, parking and site design shall be complied
with to the satisfaction of the Building Official, Community Development
Administrator, Fire Marshal, and Public Works Services Director.
4. Approval of CUP 09-01 shall not take effect until the property
owner(s), and applicant have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
5. The applicant shall defend, indemnify, and hold harmless the City
of Arcadia and its officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officers,
employees or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of Arcadia concerning this project and/or
land use decision, including but not limited to any approval or condition of
approval of the City Council, Planning Commission, or City Staff, .which
action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and/or land use decision and the City
4 1791
shall cooperate fully in the defense of the matter. The City reserves the
right, at its own option, to choose its own attorney to represent the City, its
officers, employees, and agents in the defense of the matter.
SECTION 4. The Secretary shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 28`~ day of April, 2009.
Commission
ATTEST:
/`~~~
Sec ary, Planning Commission
APPROVED AS TO FORM:
~'"I~~~"" ~ ~~
Stephen P. Deitsch, City Attorney
5 1791
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1791 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 28th day of Apri12009 and that said Resolution was adopted by the following
vote, to wit:
AYES: Commissioners Baderian, Baerg, Hsu and Parrille
NOES: None
ABSTAIN: Commissioner Beranek
Se of the Planning Commission
Fq ~~11M
April 14, 2009
TO: Arcadia Planning Commission
STAFF REPORT
Development Services Department
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 09-01 to amend an
existing Conditional Use Pennit (CUP 03-05, Resolution No. 1695) to
allow general commercial uses in the 2,787 square-foot free-standing
unit (Unit #9) that was permitted as a restaurant at 306-310 S. First
Avenue.
SUMMARY
Rosi Ueng, realtor representing property owner, First Cal Holding, LLC, submitted
application no. CUP 09-01 to amend CUP 03-05 (Reno. No. 1695) to allow general
commercial uses in the 2,787 square-foot free-standing unit (Unit #9) that was
permitted as a restaurant at 306-310 S. First Avenue. The proposal is consistent
with the zoning and land use designation of the subject property and, in stafrs
opinion, would not adversely impact the neighboring properties. Therefore, the
Development Services Department is recommending approval of the CUP
amendment subject to the conditions in this staff report.
GENSRAL INFORMATION
APPLICANT: Rosi Ueng
(Realtor representing property owner, First Cal Holding, LLC)
LOCATION: 306-310 S. First Avenue
REQUEST; A Conditional Use Permit to amend Conditional Use Permit No.
CUP 03-05 (Reso. No. 1695) to allow general commercial uses
instead of only a restaurant in the 2,787 square-foot free-standing
unit (Unit #9)
SITE AREA: 21,600 sq. ft. (0.5 acre)
FRONTAGES: 160 feet along South First Avenue
135 feet along East Calffomia Street
EXISTING LAND USE & ZONING:
The site is developed with athree-story, 26,900 square-foot mixed-
use project with eight (8) residential units and 10,572 square feet of
commercial space constructed in 2007, and is zoned C-2 General
Commercial. Commercial uses are as fo-lows:
308 S. First Avenue
A-Financial planning office (1,082 sq.ft.)
B -Education consulting office (1,052 sq.ft.)
C -Day spa (1,047 sq.ft.)
D -Retail store (944 sq.ft.)
E - HaiNbeauty salon (975 sq.ft.)
F -Real estate development office (1,040 sq.ft.)
G -Retail store (792 sq.ft.)
H -Travel agency (853 sq.ft.)
310 S. First Avenue:
Subject vacant unit (2,787 sq.ft.)
SURROUNDING LAND USES & ZONING:
North: Golf Shop-zonedCBD
South: Architectural Office -zoned C-2
East: Eight-unit residential condominium -zoned PR-3
West: First Avenue Middle School-zoned R-3
GENERAL PLAN DESIGNATION:
Mixed Use -Commercial/Multiple Family
The subject property is developed with athree-story, 26,900 square-foot mixed-use
project with eight (8) residential and nine (9) commercial condominium units. The
commercial units have a total area of 10,572 square feet, with 7,980 square feet of
retail/office space and a 2,787 square-foot free-standing restaurant. This project was
approved on July 22, 2003 under CUP 03-05 by Planning Commission Resolution
No. 1695.
The restaurant use was originally proposed for the free-standing unit to promote
ground floor activity with its outdoor seating and highly visible location. Because of
market conditions, this unit has remained vacant since its completion in 2007.
Therefore, the applicant is seeking to amend the original Conditional Use Permit to
CUP 09-01
April 14, 2009
Page 2
allow this unit to be occupied by other general commercal uses as permitted in the
C-2 zone. Uses that would be allowed include retail, general office, and medical
office.
PROPOSAL AND ANALYSIS
The applicant is requesting to amend Conditional Use Pennit Application No. CUP
03-05 to allow general commercial uses such as retail, general office, and medical
offices in addition to a restaurant in the 2,787 square-foot free-standing unit (Unit #9)
of the subject mixed-use development.
Staff would prefer that this freestanding unit be occupied by uses that would
encourage pedestrian activity. Such uses are restaurants and neighborhood retail
businesses. It was with this in mind that the project was proposed with the
freestanding unit as a restaurant. However, under current market conditions, the
owners have not been able to have a restaurant occupy this unit. Tris CUP
amendment should help fill the vacancy.
Pa i
This mixed-use project has two levels of underground parking that is accessed from
California Street. There are 24 spaces dedicated for the residential uses, and a
parking modification was granted for 66 commercial parking spaces in lieu of the 67
spaces that were initially required for the commercal portion of the project. However,
based on the current uses, there is a parking surplus because a total of 63 spaces
are required for the commercial uses currently at the subject property even if a
restaurant were in the subject unit. This is shown in the following Table 1:
Table 7
Parking Requirements for Commercial Uses at 306-310 S. First Avenue
Current Uses Approx.
Sa. Ft. Parking
Ratio Spaces
Required
A- Finanaal planning office 1,082 411,000 4.3
B-Education consulting office 1,052 411,000 4.2
C-Day spa 1,047 5/1,000 5.2
D -Retail store 944 5/1,000 4.7
E - Hair/beauty salon 975 511,000. 4.9
F -Real estate office 1,040 411,000 4.2
G -Retail store 792 5/1,000 4.0
H -Travel agency 853 411,000 3.4
Sublect unit with a restaurant 2.787 1011.000 2T.8
Totals 10,572 63
On-site parking spaces provided 66
CUP 09-01
April 14, 2009
Page 3
By Code, restaurants are required to provide 10 parking spaces per 1,000 square
feet of gross floor area, which is a higher parking ratio than required for general
commercial. Retail uses require five (5) spaces per 1,000 gross square feet; general
office uses require four (4) spaces per 1,000 gross square feet; and medical uses
require six (6) spaces per 1,000 gross square feet.
For the subject 2,787 square-foot unit, a restaurant is required to provide 28 on-site
parking spaces. Based on the above-mentioned parking ratios, a retail use would
require 14 parking spaces, general offices would require 11 parking spaces, and
medical offices would require 17 parking spaces (see Table 2 below). Therefore, the
amendment to Conditional Use Permit No. CUP 03-05 to allow general commercial
uses would increase the parking surplus at this development. It is staff s opinion that
this amendment, if approved, would satisfy all the requirements for a Conditional Use
Permit.
Parking Requirements
for General Commercial Uses at the Subject Unit
Approx. Parking Spaces
Uses Sa. Ft. Ratio Required
Retail 2,787 5/1,000 14
General Office 2,787 4/1,000 11
Medical Office 2,787 6/1,000 17
Restaurant 2,787 1011,000 28
CODE REQUIREMENTS
All City requirements regarding disabled access and faalities, occupancy limits,
building safety, parking and site design shall be complied with to the satisfaction of
the Building Official, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
CEQA
This project is categorically exempt from further environmental review pursuant to the
provisions of the California Environmental Quality Act, Section 15301, which exempts
projects involving minor alterations of an existing facility. The Development Services
Department has prepared a Preliminary Exemption Assessment and a Notice of
Exemption to document this determination.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Pennit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
CUP 09-01
April 14, 2009
Page 4
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 aN yards, spaces, walls, fences, parking, loading,
landscaping, and other features required to adjust said use with the land and
uses in the neighborhood.
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.
5. That the granting of -such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 09-01, subject to the following conditions:
The approval of CUP 09-01 limits the use of the subject 2,787 square-foot
freestanding unit to restaurants and to general commercial uses that are
permitted within the subject C-2 zone. The property shah continue to be
operated and maintained in a manner that is consistent with CUP 03-05,
except for the proposal and plans submitted and approved for the amendment
by CUP 09-01.
2. Noncompliance with the plans, provisions and conditions of approval for CUP
03-05 and CUP 09-01 shall be grounds for immediate suspension or
revocation of any approvals.
3. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the
satisfaction of the Building Official, Community Development Administrator,
Fire Marshal, and Public Works Services Director.
4. Approval of CUP 09-01 shall not take effect until the property owner(s), and
applicant have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
5. 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
CUP 09-01
April 14, 2009
Page 5
City of Arcadia concerning this project and/or land use decision, including but
not limited to any approval or condition of approval of the City Council,
Planning Commission, or City Staff, which action is brought within the time
period provided for in Government Code Section 66499.37 or other provision
of law applicable to this project or decision. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and/or
land use decision and the City shall cooperate fully in the defense of the
matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 09-01, state the supporting
findings; and direct staff to prepare a resolution incorporating the Commission's
decision, specific determinations and findings, and the conditions of approval.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
move to deny Conditional Use Permit Application No. CUP 09-01, state the finding(s)
that the proposal does not satisfy, and direct staff to prepare a resolution
incorporating the Commission's decision and speafic findings.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the April 14"' public hearing, please contact
Assoaate Planner, Thomas Li at (626) 574-5447.
Approved by
Jim Kasama
Community Development Administrator
Attachments: Aerial Photo with zoning information
Plans
Photos
Preliminary Exemption Assessment
CUP 09-01
April 14, 2009
Page 6