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HomeMy WebLinkAbout09-22-09AGENDA ARCADIA PLANNING COMMISSION . Tuesday, September 22, 2009, 7:00 P.M. Arcadia City Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL MOTION: To read the Resolution by title only and waive reading the full text of the Resolution. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING ITEMS - 5 minute time limit per person. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PUBLIC HEARINGS 1. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 09-01 531 Monte Vista Road Mr. & Mrs. Roger Sonnenberg The applicant is appealing the Rancho Santa Anita (Lower Rancho) Homeowners Association Architectural Design Review Board decision to deny their application for a Metro Shake Il, stone- coated steel roof at the subject residence. RECOMMENDATION: Approve appeal There is a five working day appeal period after the Planning Commission decision. Appeals to the City Council are to be riled by 5:30 p.m. on Wednesday, September 30, 2009. 2. CONDITIONAL USE PERMIT NO. CUP 09-09 - Continued from August 11, 2009 510-512 East Live Oak Avenue Michael Hsiao The applicant is requesting a Conditional Use Permit for a 960 square-foot expansion to an existing 2,040 square-foot restaurant located at 510-512 East Live Oak Avenue. RECOMMENDATION: Continue to October 27, 2009 3. CONDITIONAL USE PERMIT NO. CUP 09-15 210 North First Avenue Laura Powell and Brandon Kwae (Lessee) The applicant is requesting a Conditional Use Permit for a dance studio with up to 40 students in an existing 3,200 square-foot industrial space. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC AGENDA 9-22-09 RECOMMENDATION: Conditional approval RESOLUTION NO. 1802 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 09-15 to operate a dance studio with a maximum of forty (40) students in a 3,200 square-foot industrial unit at 210 N. First Avenue. There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Wednesday, September 30, 2009. 4. CONDITIONAL USE PERMIT NO. CUP 09-16 21 W. Duarte Road, #A Xiao Ming Chen & Yang Chen The applicant is requesting a Conditional Use Permit for a 2,090 square-foot art gallery and fine arts tutoring center with up to 12 students. RECOMMENDATION: Conditional approval RESOLUTION NO. 1804 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 09-16 for a 2,090 square-foot art gallery and fine arts tutoring center with up to 12 students at any one time at 21 W. Duarte, Unit A. The age range of the students is limited to 4 - 14 years of age (non-driving age) and the hours of operation will be 4:00 P.M. to 7:00 P.M. on weekdays, and 9:00 A.M. to 5:30 P.M. on weekends. There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5.30 p. m. on Wednesday, September 30, 2009. CONSENT ITEMS 5. MINUTES OF SEPTEMBER 8, 2009 RECOMMENDATION: Approval MATTERS FROM CITY COUNCIL & PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF & UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC AGENDA 9-22-09 PLANNING COMMISSION Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Public Hearing Procedure 1. The public hearing is opened by the Chairman of the Planning Commission. 2. The Planning staff report is presented by staff. 3. Commissioners' questions relating to the Planning staff report may be asked and answered at this time. 4. The applicant is afforded the opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 6. Those in opposition to the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then makes a motion and acts on the proposal to either approve, approve with conditions or modifications, deny, or continue it to a specific date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. This is usually presented at the next Planning Commission meeting. There is a five (5) working day appeal period after the adoption of the resolution. 12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten (10) calendar day appeal period. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC AGENDA 9-22-09 September 22, 2009 TO: Arcadia Planning Commission STAFF REPORT Development Services Department FROM: Jim Kasama, Community Development Administrator By: Lisa L. Flores, Senior Planner SUBJECT: Homeowners Association Appeal No. HOA 09-01 of the denial of a new roofing material for 531 N. Monte Vista Road. SUMMARY This is an appeal of a denial by the Rancho Santa Anita (Lower Rancho) Homeowners' Association's Architectural Design Review Board (ARB) for the use of Metro Shake II, Weathered-Timber, stone-coated steel roofing to re-roof the residence and garage at 531 Monte Vista Road. The Development Services Department is recommending that the Planning Commission overturn the ARB decision and approve HOA 09-01, subject to the conditions listed in this staff report. BACKGROUND On August 10, 2009, the Lower Rancho ARB denied the request to replace the existing wood shake roof at 531 Monte Vista Road with a Metro Shake II, Weathered-Timber stone-coated steel roof material. As of May 7, 2009, the Lower Rancho ARB no longer permits metal/steel roofing in the Lower Rancho area because they determined that the appearance of the material is not acceptable. A copy of the Lower Rancho ARB's decision on no longer permitting metal roofs is provided as Attachment 1. Nevertheless, an application was submitted for the desired roofing material, and on August 10, 2009, the application was denied. On August 19, 2009, the applicant filed an appeal within the required seven (7) working days from the date of the Board's decision, requesting that the denial be overturned by the Planning Commission. PUBLIC HEARING NOTIFICATION Public hearing notice of HOA 09-01 was mailed on September 10, 2009 to the property owners of those properties within 100 feet of the subject property (see attached radius map) and to the Lower Rancho ARB Chair and Acting Chair. Pursuant to the provisions of the California Environmental Quality Act (CEQA) a re-roofing project is Categorically Exempt from CEQA pursuant to Section 15301 of the Guidelines, and therefore, the public hearing notice was not published in the Arcadia Weekly. PROPOSAL AND ANALYSIS The appellant is requesting that the Planning Commission reconsider the Lower Rancho ARB decision to deny the use of Metro Shake II, stone-coated steel roofing at 531 Monte Vista Road. The appellant, Mr. Warren Cross of Western Roofing Systems, the property owners' contractor believes that he has provided substantial visual examples of successful recent installations of the proposed roofing material, which not only meet or exceed the Lower Rancho ARB's minimum design criteria and standards, but are aesthetically appealing. The appeal letter is provided as Attachment 2. The Lower Rancho regulations (City Council Resolution No. 5287) require that any body hearing an appeal from the Board's decision be guided by the principles in Section 15 of Resolution No. 5287. A copy of Resolution No. 5287 is provided as Attachment No. 3. The roof of a residence serves as an important design element and appropriate material enhances the architectural appearance of the structure. It is stated on page 11 of the City's Single Family Residential Design Guidelines that, "The roof of a house does more than provide shelter from the elements; it helps define the architectural style of the residence." And that, "Roof and materials should be compatible with the architectural style and design of the structure." The applicant's proposed roofing material is neither new nor unique to the residences in the Lower Rancho area. In fact, there are over two dozen homes in the Lower Rancho that have the stone-coated steel roofing with a deep wood grain finish. Staff has noted that there are detail elements of the older shake- steel roofing that are not particularly appealing; such as the edges of the tiles, the ridge tiles, and the eaves. However, the material the appellant is proposing to install is significantly improved in terms of style and details to better simulate a wood shake roof. Additionally, stone-coated, steel shake roofs have been installed on many residences throughout the City and within the other HOA areas because many builders and homeowners feel that the material is very durable, has the appearance of a concrete roof tile, but without the weight and structural requirements. And, unlike a traditional wood shingle roof, the metal shingles do not separate or warp over time. Staff agrees with the appellant that shake steel roofs weather well, have an aesthetically pleasing appearance, are fire retardant, exceptionally strong, and lightweight. Furthermore, the City's Fire Department has never had any concerns with this material. Attachment 4 is of photos of the subject property and Attachment 5 is of photos of homes in the Lower Rancho area that have a Metro Shake II, stone-coated steel/metal roof. Attachment 6 is of photos of homes that have concrete roof tiles. These photos show that the two different roofing materials have very similar appearances, and it is Staff's opinion that the steel roofs do not detract from the HOA Appeal No. HOA 09-01 531 N. Monte Vista Road September 22, 2009 - Page 2 aesthetic qualities of the properties. Therefore, Staff believes that the proposed roofing material would be an aesthetic improvement to the residence. CODE REQUIREMENTS The proposed project is required to comply with all code requirements and policies determined to be necessary by the Building Official and Fire Marshal. RECOMMENDATION Staff is recommending that the Planning Commission overturn the Lower Rancho ARB decision to deny the use of the Metro Shake II, Weathered Timber, stone- coated steel roof, and approve Homeowners Association Appeal No. HOA 09-01. PLANNING COMMISSION ACTION A roval The Planning Commission should move to approve Homeowners Association Appeal No. HOA 09-01, subject to the code requirements stated above, or as modified by the Commission. Denial If the Planning Commission intends to deny this project, the Commission should move to deny Homeowners Association Appeal No. HOA 09-01. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the September 22, 2009 public hearing, please contact Senior Planner, Lisa Flores at (626) 574-5445 or by email at Iflores@ci.arcadia.ca.us. , Community Development Administrator Attachment 1: Lower Rancho ARB decision on metal roofs, dated May 7, 2009 Attachment 2: Appeal letter, dated August 19, 2009 with ARB application materials Attachment 3: City Council Resolution No. 5287 Attachment 4: Photos of the Subject Property - 531 N. Monte Vista Road Attachment 5: Photos of homes in the Lower Rancho area that have metal roofs Attachment 6: Photos of homes in the Lower Rancho area that have concrete tile roofs Attachment 7: Aerial Photograph, Vicinity Map, and Public Hearing Notification Radius Map HOA Appeal No. HOA 09-01 531 N. Monte Vista Road September 22, 2009 - Page 3 Attachment No. 1 Rancho Santa Anita. Residents Association Serving the Lower Rancho & College St. Areas Date: May 7, 2009 Re: Review of ARB approved roofing materials & metal roof materials Mtg Date: Thursday May 7, 2009 Mtg Time: 8:30 pm to 9:30 pm (open to the public) The meeting was opened and the following board members were present: Steve Mathison Dale Brown Rick Frickie Bob Eriksson Lou Pappas (absent) The purpose of the meeting was to establish a consensus for the preapproved roofing materials for the area in addition to a detailed discussion on the Boards position on the installation of Metal Roofing Products that have been proposed in the area and have also been conditionally approved on a small number of homes over the past few years on a individual basis. It was discussed that a number of products currently on the list are no longer manufactured for a variety of reasons (failed manufacturers or product failures) and that the list can use some updating. The metal roof products were then discussed as this issue seems to come up on a regular basis and the board members felt that the position needed to be discussed in detail. After much discussion the general consensus of the board members was to NOT allow metal roofing products in the area for the following reasons: 1) Ridge, valley, eave, and edge details of the products require a great deal of special attention for the roof system elements to fit properly together and look correct. Even when they are assembled correctly they still have a manufactured look, and the details noted obviously do not resemble the details for a wood or composite shingle, which the metal roof is designed to emulate. 2) The finish of the product uses an similar asphaltic granular material similar to that of an asphalt shingle. With the exception of the variations in the surface to mimic the shape of a real wood shake, the product looks like a "Thick Butt Asphalt Shingle" which is not allowed in the Rancho Santa Anita area 3) Although the material can provide a Class A fire rating, other materials already approved by the Board also achieve this fire rating. 4) The Board has received input regarding the difficulty fire fighters have in an emergency venting a space through a roof with this material. As such there is the opinion greater damage can occur to a structure. The different roof types within the association were discussed and the overall appearance of the neighborhood is that of a wood shake or shingle in addition to manufactured tile that has the appearance of shake as well as concrete tile. It is the opinion of the board that the metal roofing products submitted to date are not "Harmonious" with the look and feel of the community it represents. Attachment No. 2 Western Oo Smote 2031 East Cerritos Avenue, Suite 7E, Anaheim, CA 92806 August 19, 2009 Office 714.7785163 Fad. 714.778•0248 Regional Office 80G•766o8Q~?Ct Contractors Ltc. Na. 6]59()2 City Of Arcadia C/O Mr. Tim Schwehr Assistant Planner 240 W. Huntington Dr. Arcadia, Ca 91066-6021 Re: Mr. and Mrs. Roger Sonneberg 531. N. Monte Vista Rd. Arcadia, Ca 91107 626 445-8613 Dear Mr. Schwehr, This letter is to initiate the appeal process on behalf of the above referenced property owners, for having been denied an Application for Homeowners Association Architectural Design Review (Short Review Procedure) for the re-roofing of their home in Rancho Santa Anita Residence Association. The attached denial application states that the Metro Shake II, Weathered Timber, stone-coated steel roofing material that had been conditionally approved, (and many times revised, at the direction of the board on at least ten prior occasions) was rejected by Mr. Dale Brown on behalf of the Architectural Review Board "due to appearance of material and installation details." We believe that we have substantially and successfully demonstrated, to the satisfaction of the previous A.R.B. Chairman, Mr. Tony Henrich and board at large, that the basic field material along with the many details as prescribed on recent installations for example at 1 Altura Rd. and 415 Cambridge Dr., that this material meets or exceeds at least the minimum design criteria standards previously described to us and held to by other pre-approved materials. Please let me know what the next step is in the appeal process and I will happily comply. Sas Western R oofing Systems San Gabriel Valley Office 1522 Meadow Glen Way Hacienda Heights, Ca 91745 Cell 626 786-2477 FILE NO. DATE FILED APPLICATION FOR HOMEOWNER ASSOCIATION ARCHITECTURAL DESIGN REVIEW (SHORT REVIEW PROCEDURE) A. PROJECT ADDRESS B. PROPERTY OWNER ADDRESS (IF DIFFERENT) kj u l Inoocecl 8•la• °q TELEPHONE NL"BER C. APPLICANT (IF OTHER THAN OWNER) vjG,rvvtq ~~SS W°CG'S~L~ ~ , , ADDRESS I Sr~i2 44, TELEPHONE NUMBER 7,V(; 2q-77 D. DESCRIPTION OF PROJECT (check applicable) [J ENCLOSED ADDITION TO :CAIN DWELLING SQUARE FOOTAGE TO BE ADDED [J UNENCLOSED ADDITION SQUARE FOOTAGE OF ADDITON r ~ n [P~/ROOFING ')/f c lz GC SPECIFY MATERIALS EXTERIOR ALTERATIONS (describe below) (J EXTERIOR WALLS OR FENCES (describe below) OTHER (describe below) 94 e R- tip c `Utz r a• 4A tti(~~ ftc~ to j C4 40 A I K 45 &t oft Apr thr-i l dim, at~a'A'med o WORK ORDER YUak 'ci: < 4 ~7 NAME DATE ' f ~l f r STREET S3 I Y/ I'j~~t~' UCS « j t' CITY 9107 X ST. PHONE H g(P W OTHER EXISTING ROOF TEAR OFF: YES NO TEAR OFF INFO PITCH /0 :12 / FLAT OPEN BEAM # STORIES _I SHEATHING MATERIALS PITCHED FLAT ACCESS TOP QTY MATERIAL COLOR QTY MATERIAL COLOR 2ND 3RD 4TH 5TH TOTAL JOB DESCRIPTION MISC. / SPECIAL INSTRUCTIONS PIPES: . . . . . . . . . . . . . _ 2"5 . . . . . . . . . . . . . . . . 2 $`l l . . ~i . . . . . 3" . . . . . . . . . . . . 4" . . . . . . . . . . . . . 5" . . . . . . . t iu: ~z t 8' z 60 4" OVAL . . . . . . . SM T . . . . ~q • ~q. " , fe; • ' r LG T . . . . . . . v . . . DORMER VENTS: . . . . . . . EXISITING LRG SM. . . . . . . ~I°. .Q1.. , i . Ile- . . . . . . . . . . NEW LRG SM r . y .17.E l z . . SCUPPERS: . . . . . . 4Z. . . 2X3LRC . . . . 3X4 L R C f. • S- .1 4X6 L R C . . . . . - I5- f 53 cy - y - - - 2-, . . . . . . . . . . . . . . . . . . . . G ~ 4(g- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~(Cf:? . -1~ ~a _C( . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. t, Metro Shake'"-II The classic rustic style of wood shake in lightweight high-strength steel. Metro Shake'-II is a batten-less design that is revolutionizing the re-roofing industry. Each panel is forged with deep wood grain impressions creating an exceptionally strong, lightweight (1.51bs/sq. ft.) and secure steel roof covering to suit any architectural style. Metro's advanced coating technology and unique design eliminates the costly wood battens allowing for faster install times. r A Metro Shake'"-II roof gives you the T.^ charm of wood shake without the associated problems of splitting, warping or increased fire risk. Instead you'll enjoy excellent durability, AFT long life and low maintenance even in the harshest climates. And our attractive color palette lets you choose just the right look that can - transform your home - Metro Shake'" II. r G< i et(O 4 y,- Roof Products may. Smart Roofs for Smart People" Metro Shaken4i Lightweight and built for long-life. Metro Shake'"-II is finished with an attractive stone coating embedded in a W resistant acrylic polymer for a lasting bond to the 26- gauge *Galvalume® steel covered with 100% acrylic over-glaze. COLOR RANGE BIRCH-II WEATHERED (Black Accent) TIMBER (Black Accent) CHARCOAL WESTERN (Solid Color) WOOD (Light Tan Accent) Above chart shows STANDARD STOCK COLORS for Metro Shake-0°' panels. Always select colors from ACTUAL samples. PREMIUM, SPECIAL, and CUSTOM COLORS and Flashings are available. Metfo Root Product Smart Roofs for Smart People` 3093 Industry Street Oceanside, CA 92054 Tel: (866) METRO-4U (638-7648) Fax: (760) 435-1162 www rnetroroofs.com Purchase with Confidence All Metro products provide heavy-duty warranty performance, from 120-mph winds to hail impact and fire resistance. Take a look at today's steel roofing and select from a wide range of earth-tone colors to suit your home, For years we've been a leader in the design and production of quality stone coated steel roofing, producing a roofing product that is of high quality and affordable. • 50-Year Limited Warranty (Prorated & Fully Transferable) • Walkable (26-ga., 55% Al-Zn coated sheet steel) • Lightwei ht (1.5 Ibs/sq. ft. • Class-A Fire Rated (Non-combustible roof covering) • 120-mph Wind Warranty (Engineered for FL & TX High Wind Coastal regions to withstand 150-mph) • Hail Impact Warranty (UL 2218 Class-4 rated) Testing Credentials ICC Evaluation Report 5218 UL Listed R19204 UL Class-4 Impact Rating FLORIDA State Approval Appl.#FL-698 Exp.1-1.2099 "Galvalume' is a registered trademarkof BIEC Intemational, Inc. ©2005 Copyright Metro Roof Products 051105.50M Attachment No. 3 RESOLUTION NO. 5287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING AND AMENDING REGULATIONS APPLICABLE TO REAL PROPERTY IN THE RANCHO SANTA ANITA AREA AND IN THE AREA BETWEEN THE TURF CLUB AND COLORADO STREET "D" ARCHITECTURAL DESIGN ZONE AREA. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby repeals Resolution No. 4020, and adopts the following Resolution pursuant to Ordinance No. 1389, for the property described in Exhibit "A", attached hereto. To implement the regulations applicable to the real property within the Rancho Santa Anita Residents' Association "D" Architectural Design Zone area, the Architectural Review Board is established and is hereinafter referred to as the "Board". The governing body of the Board, is the Rancho Santa Anita Residents' Association. SECTION 2. In order to promote and maintain the quality single-family residential environment of the City of Arcadia, and to protect the property values and architectural character of such residential environments, in those portions of the City in which the residents have formed a homeowners association, and to accomplish the purposes set forth in Section 4, there is hereby established the following regulations and procedures in which said association may exercise plan review authority. SECTION 3. In order that buildings, structures and landscaping on property within said area will be harmonious with each other and to promote the full and proper utilization of said property, the following conditions are hereby imposed upon all property in said area pursuant to the zoning regulations of the Arcadia Municipal Code, and all those in control of property within said area, are subject to this Resolution and Ordinance No. 1832: 1. FLOOR AREA. No one-family dwelling shall be erected or permitted which contains less than 1,400 square feet of ground floor area if one story in height, and not less than 1,000 square feet of ground floor area if one and one-half or two stories in height. The space contained within an open porch, open entry, balcony, garage, whether or not it is an integral part of the dwelling, patio, basement, or cellar shall not be considered in computing the square footage contained in any such building. The minimum required floor area shall be deemed to include the area measured from the outer faces of the exterior walls. 2. FRONT YARD. If a dwelling with a larger front yard than the minimum required by the underlying zone designation exists on a lot on either side of a lot proposed to be improved, the Board shall have the power to require an appropriate front yard on the lot to be improved, including a setback up to a size as large as an adjacent front yard. 3. SIDE YARD. A lot with a building or any part thereof, occupying the front one hundred (100) feet, or any part thereof, of such lot shall have a side yard of not less than ten (10) feet. 4. ANIMALS. Wild animals, sheep, hogs, goats, bees, cows, horses, mules, poultry, or rabbits shall not be permitted or kept. 5. EXTERIOR BUILDING MATERIALS. Materials used on the exterior of any structure, including roofing, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be compatible with materials of other structures on the same lot and with other structures in the neighborhood. 6. EXTERIOR BUILDING APPEARANCE. The appearance of any structure, including roof, wall or fence shall be compatible with existing structures, roofing, walls or fences in the neighborhood. 7. APPROVAL OF BOARD REQUIRED. No structure, roof, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be erected, placed or replaced unless approved by the Board. Plans for the erection, placement, or replacement of any structure, roof, wall or fence, showing the precise location on the lot of the structure, wall or fence, shall be submitted to the Board. No structure, roof, wall or fence shall be erected, placed or replaced except in exact conformance with the plans approved by the Board. If necessary to properly consider any application, the Board may require specific plans, working drawings, specifications, color charts and material samples. The provisions of this requirement shall not apply if the project consists only of work inside a building which does not substantially change the external appearance of the building. 8. ARCHITECTURAL REVIEW BOARD. The Board shall be empowered to transact business and exercise powers herein conferred, only if the following requirements exist: a. A formally organized property owner's organization exists in said area. -2- 5287 b. The organization has by-laws adopted that authorize the establishment of the Board. c. Said by-laws provide for appointment of property owners, only, to the Board. d. Owners have been appointed to the Board in accordance with the by-laws. e. A copy of the by-laws and any amendments thereto have been filed with the City Clerk and the Director of Planning. f. The Board shall designate a custodian of records who shall maintain said records and make them available for public review upon reasonable request. g. Permanent written records of the meetings, findings, action, and decision of the Board shall be maintained by the Board. Any decision by the Board shall be accompanied by specific findings setting forth the reasons for the Board's decision. Any decision by the Board shall be made by a majority of the entire membership of the Board, and such decision shall be rendered by the Board members who considered the application. A copy of the Board's findings and decision shall be mailed to the applicant within three (3) working days of the Board's decision. h. All meetings of the Board shall be open to the public in accordance with the Ralph M. Brown Act (California Open Meeting Law). 9. POWERS OF THE BOARD. The Board shall have the power to: a. Determine and approve an appropriate front yard pursuant to Condition 2 of Section 3. b. Determine whether materials and appearance are compatible in accordance with the above Conditions 5 & 6 of Section 3. c. If a grading plan is required for a building permit for a structure, the Board may require such plan to be submitted along with the building plans. d. Any of the conditions set forth in Conditions 1 through 4 of Section 3, may be made less restrictive by the Board if the Board determines that such action will foster the development of a lot and will not adversely affect the use and enjoyment of the adjacent lots and the general neighborhood and would not be inconsistent with the provisions and intent of this resolution. e. The Board shall have the power to establish rules for the purpose of exercising its duties, subject to review and approval of the City. Copies of such rules shall be kept on file with the Secretary of the Association and the City Clerk. 10. SHORT REVIEW PROCESS PROCEDURE. -3- 5287 a. The Short Review Process may be used by the Board for the review of applications for modifications to the requirements set forth in Conditions 1 through 4 of Section 3, provided that the application for a Short Review Process shall be accompanied by a completed application form which shall contain the signatures of all contiguous property owners indicating their awareness and approval of the application. b. The Board is not required to hold a noticed, scheduled meeting for the consideration of a Short Review Process Application. c. The Board Chairman or another Board member designated by the Board Chairman, to act in his absence, shall render his decision on a Short Review Process application within ten (10) working days from the date such request is filed with the Board; failure to take action in said time shall, at the end of the ten (10) working day period, be deemed an approval of the plans. d. The Board may determine which requirements set forth in Conditions 1 through 4 of Section 3 are not appropriate for the Short Review Process, and therefore require the Regular Review Process for the consideration of such Conditions. Any list of such Conditions which are not appropriate for the Short Review Process shall be filed in writing with the City Clerk and the Director of Planning. 11. REGULAR REVIEW PROCESS PROCEDURES. a. The Regular Review Process shall be used by the Board for the review of the Conditions 1 through 4 of Section 3, (eligible for Short Review) in those cases in which the applicant fails to obtain the signatures of approval from all of the required property owners. b. The Regular Review Process must be used for the review of applications to those Conditions 1 through 4 of Section 3, which the Board has determined are not appropriate for the Short Review Process pursuant to the above. c. The Board is required to hold a noticed, scheduled meeting for the consideration of a Regular Review Process Application. d. Notice of Board's meeting shall be mailed, postage prepaid to the applicant . and to all property owners within one hundred feet (100') of the subject property, not less than ten (10) calendar days before the date of such meeting. The applicant shall also provide the Board with the last known name and address, of such owners as shown upon the assessment rolls of the City or of the County. The applicant shall also provide the Board with letter size envelopes, which are addressed to the property owners who are to receive said notice. The applicant shall provide the proper postage on each of said envelopes. -4- 5287 e. Any decision by the Board shall be made by a majority of the entire membership of the Board, and such decision shall be rendered by the Board members who considered the application. f. The Board shall render it's decision on a Regular Review Process application within thirty (30) working days from the date such request is filed with the Board; failure to take action in said time shall, at the end of the thirty (30) working day period, be deemed an approval of the plans. 12. EXPIRATION OF BOARD'S APPROVAL. If for a period of one (1) year from date of approval, any project for which plans have been approved by the Board, has been unused, abandoned or discontinued, said approval shall become null and void and of no effect. 13. LIMIT ON BOARD'S POWERS. The Board shall not have the power to waive any regulations in the Code pertaining to the basic zone of the property in said area. The Board may, however, make a recommendation to the City agency, which will be considering any such waiver request, regarding waiving such regulations. 14. APPEAL. Appeals from the Board shall be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within seven (7) working days of the Board's decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt in proper form of an appeal from the Board's decision, such appeal shall be processed by the Planning Department in accordance with the same procedures applicable to appeals from the Modification Committee. 15. STANDARDS FOR BOARD DECISIONS AND APPEALS. The Board and any body hearing an appeal from the Board's decision shall be guided by the following principles: a. Control of architectural appearance and use of materials shall not be so exercised that individual initiative is stifled in creating the appearance of external features of any particular structure, building, fence, wall or roof, except to the extent necessary to establish contemporary accepted standards of harmony and compatibility acceptable to the Board or the body hearing an appeal in order to avoid that which is excessive, garish, and substantially unrelated to the neighborhood. (Pertains to Conditions Nos. 5 & 6 of Section 3 of this Resolution - Exterior Building Materials & Exterior Building Appearance). b. Good architectural character is based upon the principles of harmony and proportion in the elements of the structure as well as the relationship of such principles -5- 5287 to adjacent structures and other structures in the neighborhood. (Pertains to Conditions Nos. 5 & 6 of Section 3 of this Resolution - Exterior Building Materials & Exterior Building Appearance). c. A poorly designed external appearance of a structure, wall, fence, or roof, can be detrimental to the use and enjoyment and value of adjacent property and neighborhood. (Pertains to Conditions Nos. 5 & 6 of Section 3 of this Resolution - Exterior Building Materials & Exterior Building Appearance). d. A good relationship between adjacent front yards increases the value of properties and makes the use of both properties more enjoyable. (Pertains to Condition No. 2 of Section 3 of this Resolution - Front yards). SECTION 4. The City Council finds and determines that the public health, safety and general welfare of the community require the adoption of this Resolution. It is determined that the various land use controls, and property regulations as set forth herein are substantially related to maintenance of Arcadia's environment, for the purpose of assuring that the appearance of structures will be compatible and harmonious with the use and enjoyment of surrounding properties. Design controls and aesthetic considerations will help maintain the beauty of the community, protect property values, and help assure protection from deterioration, blight, and unattractiveness all of which can have a negative impact on the environment of the community, effecting property values, and the quality of life which is characteristic of Arcadia. It is further determined that the purpose and function of this Resolution is consistent with the history of the City and continued efforts through various means to maintain the City's land use, environmental, and economic goals and to assure perpetuation of both the psychological benefits and economic interests concomitant to an attractive, well maintained community with emphasis on residential living. All findings and statements of purpose in related Resolutions which pre-existed this Resolution or prior covenants, conditions, and restrictions constitute part of the rationale for this Resolution and are incorporated by reference. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid. -6- 5287 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 1st day of April, 1986. /s/ DONALD PELLE RINO Mayor of the City of Arcadia ATTEST: 1s/ CHRISTINE VAN MAANEN City Clerk of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, CHRISTINE VAN MAANEN, Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5287 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 1st day of April, 1986, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmen Gilb, Hannah, Lojeski, Young and Pellegrino NOES: None ABSENT: None Js/ CHRISTINE VAN MAANEN City Clerk of the City of Arcadia -7- 5287 EXHIBIT "A" Area #1 Beginning at a point on easterly line of Michillinda Avenue, said point being the southwesterly corner of Lot 36, Tract No. 15928; thence easterly along the southerly boundary of said Tract No. 15928 and Tract No. 14428 to a point which is the northwesterly corner of Lot 12, Tract No. 15960; thence southerly along the westerly line of said Lot 12 and its prolongation thereof to its intersection with the centerline of De Anza Place; thence southerly and easterly along said centerline to its intersection with the centerline of Altura Road; thence southerly along said centerline to its intersection with the centerline of Hugo Reid Drive; thence easterly along said centerline to its intersection with the centerline of Golden West Avenue; thence northwesterly along said centerline to its intersection with the centerline of Tallac Drive; thence easterly along said centerline to its intersection with the easterly line of Tract No. 13312; thence northerly and easterly along the easterly and southerly boundary of said tract to the southeasterly corner of Lot No. 1 to its intersection with the easterly line of Golden West Avenue; thence northerly along said easterly line to its intersection with the southerly line of Vaquero Road; thence easterly along said southerly line to its intersection with the easterly terminus line of said Vaquero Road; thence northerly along said easterly line to its intersection with the southerly line of Lot 17 of Tract No. 11215; thence easterly along said southerly line to its intersection with the easterly line of aforementioned Tract No. 11215; thence northerly along said easterly line and its prolongation thereof to its intersection with the centerline of Colorado Street; thence westerly along said centerline to its intersection with the centerline of Altura Road; thence southerly along said centerline to its intersection with the easterly prolongation of the northerly line of Tract No. 17430; thence westerly along said northerly line to its intersection with the easterly line of Michillinda Avenue; thence southerly along said easterly line to the point of beginning, said point being the southwesterly corner of Lot 36 of Tract No. 15928: EXHIBIT "All cont'd -8- 5287 EXHIBIT "A" Area #2 Beginning at the northwesterly corner of Lot No. 62 of Tract No. 12786; thence southerly along the westerly line of said Lot and its prolongation thereof to its intersection with the centerline of Hugo Reid Drive; thence easterly along said center line to its intersection with the southerly prolongation of the easterly line of Tract No. 14460; thence northerly along said easterly line to its intersection with the northerly line of said tract; thence westerly along said northerly line to its intersection with the westerly line of said Tract No. 14460; thence southwesterly along said westerly line, and its southwesterly prolongation thereof, to its intersection with the northeasterly corner of Lot No. 61 of Tract No. 12786; thence westerly along the northerly line of said tract to the point of beginning, said point being the northwesterly corner of Lot 62 of Tract No. 12786; Area #3 All properties with that area bounded on the west by Baldwin Avenue, on the north and east by Colorado Street and on the south by the southerly tract boundaries of Tract Nos. 14940 and 15318. EXHIBIT "A" -9- 5287 Attachment No. 4 Subject Property - 531 Monte Vista Road Wood Shingle Roof Subject Property - 531 Monte Vista Road Wood Shingle Roof Attachment No. 5 Metal Roof - 470 Cambridge Road Metal Roof - 412 Cambridge Road Metal Roof - 450 Cambridge Road u seal J.o ~4 Metal Roof - 428 Cambridge Road Metal Roof Attachment No. 6 Concrete Tile Roof - 475 Cambridge Road Concrete Tile Roof - 464 Cambridge Road Concrete Tile Roof - 463 Cambridge Road Concrete Tile Roof - 458 Cambridge Road Concrete Roof Tile - 522 Monte Vista Road Attachment No. 7 Development Services Department Engineering Division Prepared by. R. S. Gonzalez, Septmeber 2009 531 Monte Vista Road _r aM: HOA Appeal No 09-01 RADO ST N 100 0 100 Feet (1033) I (1025) I (1017) I (1011) PA RD 0 (545) (550) R-0 J (1) ("o) (533) (532) COLORADO ST ♦♦Q (925) (9,: (933) ~ PAP o GP (9,C (535) (521) (536) (530) (522) (525) (524) 15) (514) (515) (507) (508) Q (518) 1) oO (510) (501) (500) `Q (5t .1 (430) v `AFRO531 Monte Vista Road Development Services DepartmentHOA Appeal No. 09-01 Engineering Division Prepared by R. S. Gonzalez, September 2009 really at R-0 5 Water Meter Location Bridges v Fire Hydrants v Water Valve Street Centerlines 1i Buffer L J parcels condo _ lparcel Features City Boundary SCALE 1 :3,127 200 0 200 400 600 FEET http://arcadiagis/maps/water. mwf Wednesday, August 26, 2009 4:40 PM tM~rper..<n Mpuw 1, 19P3 September 22, 2009 TO: Arcadia Planning Commission STAFF REPORT Development Services Department FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 09-09 for a 960 square- foot expansion to an existing 2,040 square-foot restaurant located at 510-512 E. Live Oak Avenue. SUMMARY The applicant is seeking a Conditional Use Permit and a parking modification to approve an expansion of an existing 2,040 square-foot restaurant into an adjacent 960 square-foot unit at 510-512 E. Live Oak Avenue. To address a parking deficiency, the applicant is proposing to lease 16 parking spaces at a nearby commercial strip mall. This supplemental off-site parking arrangement was not part of the initial proposal. If deemed a possibly feasible solution to the parking deficiency, a new public hearing notice that includes the property at which the off-site parking is located must be issued before the arrangement can be considered at a public hearing. It is staff's opinion that supplemental off-site parking could be a feasible solution, and therefore, is recommending a further continuance of the hearing to allow for detailed analysis of the off-site parking arrangement, and for the expanded public hearing notification. GENERAL INFORMATION APPLICANT: Mr. Michael Hsiao, designer LOCATION: 510-512 E. Live Oak Avenue - between Hempstead Avenue and Lenore Avenue REQUEST: A Conditional Use Permit for a 960 square-foot expansion to an existing 2,040 square-foot restaurant located at 510-512 E. Live Oak Avenue, with an increase in seating from 68 seats to 82 seats. The hours of operation for the expanded restaurant will be 11:00 a.m. to 10:30 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday, and the hours for the 960 square-foot expansion area will be further limited to 5:00 p.m. to 10:30 p.m., Sunday through Thursday, and 5 pm to 11:30 pm, Friday and Saturday. SITE AREA: 7,497 sq. ft. (0.17 acres) FRONTAGES: 50 feet along East Live Oak Avenue & 50 feet along a rear alley EXISTING LAND USE & ZONING: The site is improved with 3,000 square-feet of commercial space and a 14 space parking lot. The site is zoned C-2, General Commercial. SURROUNDING LAND USES & ZONING: North: 4,832 square-foot retail center- zoned C-2 South: Church parking lot - zoned R-2, and a single-family residence located outside the city limits East: 2,024 square-foot restaurant- zoned C-2 (CUP 70-09) West: 8,890 square-foot retail complex with a restaurant- zoned C-2 (CUP 90-09) GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 09-09 were mailed on July 30, 2009 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because Staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject property is developed with a one-story, two-unit commercial building and 14 space parking lot constructed in 1953. To the west is a six-unit commercial strip mall at 500 E. Live Oak Avenue, which includes a mix of small retail stores and a Japanese restaurant. These retail stores and restaurant share on-site front and rear parking lots with a total of 23 spaces. Adjacent to the subject property to the east is a Chinese restaurant at 516 E. Live Oak Avenue that has its own 17 space parking lot to the rear of the building. The subject business, which is currently known as Cafe Fusion, has been operating as a restaurant since before the City required Conditional Use Permits for restaurants. Therefore, there is no initial CUP for the restaurant use. However, on March 8, 2004, the Planning Commission approved Conditional Use Permit No. CUP 04-02 to allow for on-site serving of beer and wine at the existing restaurant with 68 seats and operating hours of 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 2 a.m. to 1:00 a.m., Friday and Saturday. Planning Commission Resolution No. 1704 for this CUP is attached to this report. On August 11, 2009, the Arcadia Planning Commission heard Conditional Use Permit Application No. CUP 09-09, to legalize an existing 960 square-foot expansion to the existing 2,040 square-foot restaurant. At this meeting, the applicant was proposing to lease 20 parking spaces from 405 Lynrose Street, an industrial property located approximately 900 feet from the subject restaurant. Because the proposed restaurant expansion is deficient in parking, and the location of the leased parking was too far away, staff recommended denial of CUP 09-09. At the August 11 meeting, however; the applicant requested a continuance to allow time to explore other possible parking solutions. By a 3-1 vote with 1 Commissioner absent, the Arcadia Planning Commission granted a continuance of Conditional Use Permit Application No. CUP 09-09 to the September 22, 2009 Planning Commission meeting. The continuance was granted with the following conditions: The illegal restaurant expansion into the adjacent unit at 512 E. Live Oak Avenue shall be closed off and remain unused until further notice. 2. The restaurant shall have no more than 68 seats as specified in CUP 04-02. 3. The karaoke machine and all other equipment that could be used for live entertainment shall be removed from the premises. Following the August 11 meeting, staff inspected the site on multiple occasions. It appears that the expansion area is not being used, but the entertainment equipment was still in place. Staff has not received any complaints since the August 11 meeting. CODE VIOLATIONS In September 2008 Code Services received a complaint of noise, loitering and loud music at the subject property. During a site inspection, Code Services discovered microphones, amplifiers, and other equipment for live entertainment or karaoke, and that the restaurant had expanded into the adjacent commercial space. The applicant is currently not permitted to have any live entertainment at this business, and is not requesting such as part of this application. It was also discovered that the existing restaurant was displaying unpermitted signs. A notice of violation was issued to the owners of Cafe Fusion for the following violations: • Unapproved expansion into the adjacent unit at 512 E. Live Oak Ave • Live entertainment without a permit • Display of signs without design review approval or permits from Building Services. On October 31, 2008 Code Services issued a citation to the owner of Cafe Fusion for failure to address the violations. On February 10, 2009, Code Services referred these violations to the City Attorney. In May 2009, the applicant received design review CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 3 approval for two new signs to replace the unpermitted signs, but these signs have yet to be installed and the unpermitted signs are still in place. Also in May 2009, the applicant submitted Conditional Use Permit Application No. CUP 09-09. During a site visit to evaluate the initial CUP application, staff observed that the parking lots for the adjacent commercial properties at 500 E. Live Oak Avenue and 516 E. Live Oak Avenue have prominently posted signs stating, "No Caf6 Fusion Parking." Photos of some of these signs are attached. PROPOSAL AND ANALYSIS The applicant is requesting approval of the illegal expansion of the existing 68-seat, 2,040 square-foot restaurant into the adjacent 960 square-foot unit. This 960 square- foot space was previously occupied by a beauty salon. The proposal includes increasing the seating to a maximum of 82 patrons, which is an increase of 14 seats from the approval of CUP 04-02, and a parking modification to either, allow 14 on-site spaces in lieu of 30 spaces required, or to allow the use of an additional 16 spaces at a nearby commercial strip mall. The City's Building Official has reviewed the expanded floor plan and determined that it does not meet the minimum bathroom fixture requirements for a restaurant with a seating capacity of 82 seats. Bathrooms will have to be added or enlarged to meet the requirements of 1 toilet, 1 urinal, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. The applicant is proposing to reduce the restaurant hours from those approved by CUP 04-02 as follows, and the expansion area will only be used after 5:00 pm: CUP 04-02 11 am - 11:30 pm, Sun - Wed CUP 09-09 11 am - 10:30 pm, Sun - Thur 11 am - 1 am, Thur - Sat Parking 11 am - 11:30 pm, Fri & Sat There is a surface parking lot at 510-512 E. Live Oak Avenue with 14 parking spaces; 13 standard spaces, and one handicap space. By Code, the expanded restaurant requires 30 parking spaces (10 spaces per 1,000 gross square-feet) and is therefore deficient 16 spaces. However, the CUP approved in 2004 included a parking modification for 16 parking spaces in lieu of 25 required (20 spaces for the restaurant and 5 spaces for the beauty salon). The providing of a handicap space and loading area has resulted in the number of parking spaces being reduced to 14. Therefore, the current parking modification for the existing restaurant without the expansion is 9 spaces in lieu of 20; a deficiency of 11 spaces. The parking modification approved by CUP 04-02 equates to 9 spaces for 68 seats, a ratio of 1 parking space for every 7.55 seats. Without the additional 16 off-site parking spaces, the on-site parking modification requested as part of this application would CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 4 result in 14 spaces for 82 seats, a ratio of 1 parking space for every 5.86 seats, which would be an improved ratio if parking were required on a per seat basis. There is on-street parking available along this side of Live Oak Avenue; however, it is limited due to the location of a bus stop. The streets running south of Live Oak Avenue; Hempstead Avenue and Lenore Avenue, also allow for on-street parking. However, these streets lead to residential neighborhoods, and therefore are not well- suited for overflow commercial parking. Supplemental Parking at 529-555 E. Live Oak Avenue To address the parking deficiency, the applicant has come to terms with the owners of the commercial property at 529-555 E. Live Oak Avenue, Ms. Susan Tsai and Mr. Spencer Tsai, to lease 16 parking spaces. A copy of the lease agreement is attached to this report. 529-555 E. Live Oak Avenue is across the street to the north of the subject property. According to City code, required parking spaces must be located either, on the same lot or site, or within 100 feet of the building or land use that the parking spaces will serve. Because 529-555 E. Live Oak Avenue is within 100 feet of the subject property, surplus parking spaces at this site can be used for Caf6 Fusion. The property at 529-555 E. Live Oak Avenue currently has 27 parking spaces on-site. The code requirement for that property is 26 parking spaces; 12 spaces for the office uses, 5 spaces for the retail uses, and 9 spaces for a restaurant. A vacant, free- standing, former automobile service garage is also on this site. But, since the gas station that accompanied this building was removed, parking is not being ascribed to this structure. Therefore, there is a surplus of 1 parking space at 529-555 E. Live Oak Avenue. But, observations of this commercial center indicate that much of the parking is underutilized, particularly in the evening. The majority of the site is general office with typical business hours, and the two retail uses consist of a nail salon that closes at 7 pm on weekdays, and a take-out only eating establishment. In addition, the restaurant (CUP 07-06) is currently unoccupied. A parking study is needed to determine the availability of the parking at this site. Additionally, a new office building is proposed for this site. In July 2008, Planning Services approved Architectural Design Review No. ADR 08-06 for a new 2,316 square-foot, two-story office building to be adjacent to the existing 1,047 square-foot, free-standing, former automobile service garage that is to be converted into general office space. In July 2009, Modification No. MC 09-24 was approved by the Modification Committee to permit a 5'-0" street-side yard setback along Sixth Avenue in lieu of the 65'-0" Special Setback to allow the new building to align with the existing free-standing building. For these approvals, a new parking lot was designed for 529- 555 E. Live Oak Avenue that will result in 35 parking spaces as shown on the attached site plan. The parking requirement for this site with the approved office building is 35 spaces. Therefore, with the new building, there will be no surplus parking. But, because the new building will be for general office uses, and is adding 8 parking spaces to the site, staff believes that much of the parking may remain underutilized, CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 5 and therefore a parking study may be warranted to determine the availability of the parking at this site. Supplemental Parkinq at 600-618 E Live Oak Avenue As an alternative, Caf6 Fusion has also entered into discussions with the owners of 600-618 E. Live Oak Avenue to lease parking spaces at this site, which is approximately 130 feet away to the east across Hempstead Avenue. This would be an additional aspect to the parking modification if this property were used for supplemental parking by Caf6 Fusion. 600-618 E. Live Oak Avenue has 58 parking spaces for 8,540 square-feet of commercial space that currently contains a mix of medical and retail uses, along with one restaurant. The current parking requirement for these uses is 57 spaces as detailed below, which means there is a surplus of 1 space: Parking Requirement for 600-618 E . Live Oak Ave. Address Use Floor Area Spaces Re uired 600 Restaurant 1,175 sq. ft. 11.8 602 Retail 1,075 sq. ft. 5.4 606 Medical 1,019 sq. ft. 6.1 608 Medical 995 sq. ft. 6.0 610 Medical 995 sq. ft. 6.0 612 Retail 995 sq. ft. 5.0 614 Retail 995 sq. ft. 5.0 616 Retail 995 sq. ft. 5.0 618 Retail 1 291 s . ft. 6.5 Total 8,540 sq. ft. 56.8 Based on the mix of retail, medical and restaurant uses, staff believes this location is less likely to have underutilized parking as compared to 529-555 E. Live Oak Avenue. However, a parking study is needed to determine the actual availability of parking, if any, at this location and at what times it would be available. Noise and Entertainment The complaints to Code Services about the subject business from nearby residents included noise and loud conversations, late night loitering of patrons, and loud music. Cafe Fusion does not have an Entertainment Permit, and therefore is not permitted to have live entertainment at this location. An Entertainment Permit requires a public hearing before the Business License Review Board. Entertainment is not being requested as part of this CUP application. CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 6 Economic Development The City's Economic Development Manager has reviewed this application, and states that from an Economic Development perspective, an approval of the Caf6 Fusion expansion would be a positive sign for commercial businesses and property owners during these difficult economic times, and would be especially good for the East Live Oak Avenue business district, which has not had the success of other commercial areas of the City. The expansion of Caf6 Fusion underscores the most positive aspects of private business and private investment, and their growth and additional investment by the business owner should be encouraged. Public Comments In response to the public hearing notice, staff received a telephone call from Mr. Gerry Wilson, who resides at 5700 Lenore Avenue and is a Senior Pastor at Arcadia Friends Church at 5705 Lenore Avenue. Mr. Wilson expressed his opposition to the requested restaurant expansion. He stated that he and other neighbors are fed up with the parking problems and late-night drinking. Patrons use the church parking lot and residential areas to park, and he believes that the restaurant is operating beyond 1:00 a.m. on weekends because he has been woken up at 2:00 a.m. on multiple occasions. He also believes they are serving alcoholic beverages other than just beer and wine. Mr. Wilson also sent an email to staff stating his opposition to CUP 09-09, which is attached to this report. Conclusion It appears feasible that Cafe Fusion may be able to supplement their on-site parking and satisfy their parking requirement by leasing underutilized parking at 529-555 E. Live Oak Avenue and/or 600-618 E. Live Oak Avenue. However, in-depth analyses of the uses and parking situations at these locations are necessary to determine whether, or not, such an arrangement will be acceptable. A denial of Conditional Use Permit Application No. CUP 09-09 would allow Caf6 Fusion to continue operating as a 68-seat, 2,040 square-foot restaurant, with a parking deficiency of 11 spaces, on-site beer and wine service, and the late operating hours approved by CUP 04-02, but without live entertainment and/or karaoke. This proposal, by eliminating the late operating hours could make this restaurant more compatible with the nearby residences. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design, and adjacent rights-of-way improvements are required to be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 7 CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no significant physical alterations to the property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15303(c) which exempts the conversion of small structures, i.e., a 960 square-foot beauty salon into restaurant space. A Preliminary Exemption Assessment is attached to this staff report. 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 all of the following prerequisite conditions can be satisfied: 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. It is staff's opinion that the proposed restaurant expansion could satisfy all of the prerequisite conditions. RECOMMENDATION The Development Services Department recommends a further continuance of the public hearing for Conditional Use Permit Application No. CUP 09-09 to the October 27, 2009 Planning Commission meeting for the following: To allow the applicant to provide parking studies of a two-week period of the proposed off-site parking arrangements. CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 8 2. For the applicant to provide an expanded public hearing notice mailing list and labels based on the proposed off-site parking location. 3. To allow staff to issue the requisite ten-day public hearing notification to the expanded public hearing notification area, which requires that the applicant provide the aforementioned parking studies and mailing list and labels by Monday, October 12, 2009. Should the Planning Commission wish to consider approval of Conditional Use Permit Application No. CUP 09-09 with a parking modification for the existing on-site parking and without a supplemental, off-site parking arrangement, the Development Services Department recommends the following conditions: 1. The hours of operation shall be limited to 11 am to 10:30 pm, Sunday through Thursday, and 11 am to 11:30 pm, Friday and Saturday with use of the 960 square-foot expansion area limited to 5 pm to 10:30 pm, Sunday through Thursday, and 5 pm to 11:30 pm, Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. There shall be no karaoke permitted. 4. Live entertainment shall not be permitted unless a separate Entertainment Permit is obtained. 5. The sale of beer and wine is to be incidental to the restaurant use. Sales for off-premise consumption or a bar-type use is not allowed. Beer and wine can only be served in conjunction with the serving of meals. 6. The maximum number of seats shall be 82 or the maximum occupancy as determined by Building Services and Fire Prevention, whichever is lower. 7. The use approved by CUP 09-09 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and proved for CUP 09-09. 8. A separate sign design review application shall be submitted for all new signs on the premises. All unpermitted signs shall be removed. 9. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 10. CUP 09-09 includes a parking modification for 14 on-site spaces in lieu of 30 on-site spaces required for the proposed restaurant use. This Parking Modification does not constitute an approval for general reduction of the parking requirements for the subject property, but rather only for the restaurant CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 9 that is herein conditionally approved. Uses other than this restaurant may be subject to a new Conditional Use Permit and/or Parking Modification. 11. 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. 12. All conditions of approval shall be satisfied within 60 days. Noncompliance with the plans, provisions and conditions of approval for CUP 09-09 shall be grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04-02, which could result in the closing of the entire restaurant. 13. 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 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. 14. Approval of CUP 09-09 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Continuance If the Planning Commission decides that an off-site, supplemental parking arrangement is feasible and wishes to allow time for the applicant to conduct parking studies, and for staff to comply with the public hearing notification requirements, the Commission should move to continue the public hearing for Conditional Use Permit Application No. CUP 09-09 to the October 27, 2009 Planning Commission meeting subject to the applicant providing the following by Monday, October 12, 2009: 1. Parking studies of a two-week period of the proposed off-site parking arrangement(s). CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 10 2. An expanded 300-foot radius public hearing notice mailing list and labels based on the proposed off-site parking location(s). Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 09-09; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 09-09; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings 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 September 22 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574-5422, or by email at tschwehr@ci.arcadia.ca.us. Approved by: Ji 1Wsama Community Development Administrator Attachments: Aerial Photo & Vicinity Map with zoning information 300-foot radius map Plans Photos of "No Cafe Fusion Parking" signs Photos of subject site and surrounding uses Lease agreement with 529 E. Live Oak Avenue Email of opposition Resolution No. 1704 for CUP 04-02 Preliminary Exemption Assessment CUP 09-09 510-512 E. Live Oak Ave. September 22, 2009 Page 11 4 G~,i.uo- ~ q A is ~srir Development Services Department a, Engineering Division 'Onily of Prepared by. R.S.Gonzalez, Sephneber2009 510-512 E Live Oak Avenue CUP 09.09 N 100 0 100 Feet (2513) (2523) W (2534) Q X C-2' [L2 (615) (609) y (601) (623) LI, JR-3' (529 (521) (511) OpK qVE LIVE z (SUU) (514) (604) (500) (518) (450) M N.A C-2 C-2 Z O R-3'~ -A LOMMEL M ~ -Pe - ~ M (5705) City of rcadia El Monte city N ,OSE ST r LY z Development Services Department .t- Engineering Division c Prepared by R. S. Gonzalez, September 2009 ~°'"alty nt 510-512 E Live Oak Avenue CUP 09-09 fie SUE MORENO PROJECT INFORMATION ~1Pt?~1CPf' (626)=)-5M OWNERSMP,000I)PAMtSUST 510 E. LIVE OAK, AVE. MU qI AL MATING ARCADIA, CA. 108IAMBWAVE.ELMOMMCA91M-FAX(8 WO-l 09-046 u 6D SCALE 1 =150' `xp ; , srr, Aye " z r ~ s yes x AW. .•'w: Ape GUY La .ao.r` 'M. 't. ` - ' 33 12 .Ili. Cd 14 30 34 to Asa 35 T32..-_T VIC 32 3g 37~ a SAW MAA S' ;717 v~-Y .r.-p~:G AK~/J~s LIVE OA A rr....w. ra.w.r..~~rr+.wrrr .'wA~ir'1V ~~IL•i ..l~ .~.w iJ-jy1YG~~»~• O -L-WE- 9 AK ~V-3654 $ 3 54 rat as *W • va ~s do ,1 Wa is t so P/. 6 S 31 1~ g "D o ` w 1 a 12, i 1 r 2 ~38 3 2 ar _ "x ISO m6AC N~ RO SAN FRAM scum . ~ 11 r~ "MR 42-93 -94 k.1 ~LYNROSE ST " Ze e l a cps x ~o wa w. 12 a . ~ W I w X39 o = v_ N . 40 c c~ a a ai ~ °f D r 41 w ° # o (A Z " 42 z } ~ 10 7u~' 43 x D 8 O Z 4 D r z iRlf 1 41 M i t v ~J ~ ° 1 0 vill s:obs• ' ~ ~ a> z vi 'N ti • n 9oo to vo vlavaav JAV MVO 3An '3 0 tV VIVO L-d8d ~ .s NOISMA 33V3 NYM 3113 i e 1 }J~'ui i NOLLVOnddV dnO a O~Q p w Q IfuHanHal &8: ~Y~ rrrrrr~g w a ~ t~lasiii A Q UWU 111 1 fill I 4 . , I I I I I I ~ I i i ~ j 0 s I Q I I ' flltj i t goo to YJ `Vlaraw I•f + 3AV MVO 3An '3 0 L 9 NOISMI 3AVO NVId aooJJ ; I li I NOUVOnadV anJ :N il~lll~l e z 3 11 41. .411 8 .000 ®F a~ t.. y x~r,> T~, F S ~ lb 2 R Q 2 t~ Va ~I Q _V V J k f~ Pet i 1L- Alm a 2 2 -q PARKING SPACES LEASE AGREEMENT Susan Tsai, Spencer Tsai (Leaser) and Caf6 Fusion (Lessee) agree as follow: 1. PROPERTY: Leaser rents to Lessee and Lessee rents from Leaser, the real property and improvements described as: 16 regular parking spaces located at 529 E. Live Oak Ave., Arcadia, CA 91006 2. TERM: The term begins on September 1, 2009 (Commencement Date): Month to Month and continues as month to month tenancy. Lessee may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Leaser may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. 3. RENT: Rent shall mean all monetary obligations of Lessee to Leaser under the terms of the Agreement, except security deposit. A. Lessee agrees to pay $200 per month for the term of the Agreement. B. Rent is payable in advance on the 5th day of each calendar month, and is delinquent on the next day. C. PAYMENT: Rent shall be paid by cash or check, to Susan Tsai, Spencer Tsai 529 E. Live Oak Ave., Arcadia, CA 91006 If any payment is returned for non-sufficient funds or other reason then all future Rent shall be paid by cash. 4. SECURITY DEPOSIT: A. Lessee agrees to pay $200 as a security deposit. Security deposit will be transferred to and held by the Owner of the Premises. B. Security deposit shall not be used by Lessee in lieu of payment of last month's rent. All or any portion of the security deposit may be used as reasonably necessary. If all or any portion of the security deposit is used during the tenancy, Lessee agrees to reinstate the total security deposit within five days after written notice is delivered to Lessee. C. No interest will be paid on security deposit. 5. LATE CHARGE; RETURNED CHECKS: Lessee acknowledges either late payment of Rent or issuance of a returned check may cause Leaser to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. If any installment of Rent due from Lessee is not received by Leaser within 5 calendar days after the date due, or if a check is returned, Lessee shall pay to Leaser $50.00 as Late Charge and $20.00 as a NSF fee for the first returned check and $30.00 as a NSF fee for each additional returned check, either or both of which shall be deemed additional Rent. 2 6. MAINTENANCE: A. Lessee shall properly use, operate and safeguard Premises, including if applicable, any landscaping and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean and sanitary. Lessee shall immediately notify Leaser, in writing, of any problem, malfunction or damage. Lessee shall be charged for all repairs or replacements caused by Lessee. Lessee shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. B. Lessee's failure to maintain any item for which Lessee is responsible shall give Leaser the right to hire someone to perform such maintenance and charge Lessee to cover the cost of such maintenance. 7. RULES AND REGULATIONS: Lessee agrees to comply with all Leaser rules and regulations that are at any time posted on the Premises or delivered to Lessee. Lessee shall not, and shall ensure that guests and licensees of Lessee shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises. 8. ALTERATIONS AND REPAIRS: Without Leaser's prior written consent, Lessee shall not make any repairs, alterations or improvements in or about the Premises. 9. OTHER TERMS AND CONDITIONS: Leaser will not responsible for the damages or personal properties loss of the parked vehicles. Lessee Su Mei Wang, Cafe Fusion Baser Susan Tsai, Spencer Tsai 0 C Date 08/25/2009 l Date 08f25/2009 Page 1 of 1 Tim Schwehr From: J Gerry Wilson [gerwil@sbcglobal.net] Sent: Wednesday, August 05, 2009 3:45 PM To: Tim Schwehr Subject: Application # CUP 09-09 Tim Schwehr, Assistant Planner, Thanks for taking my phone call the other day, and for the brief conversation yesterday, as you were taking pictures in our church parking lot. Once again, for the record, let me voice my personal (as a neighbor) and professional (as Senior Pastor of Arcadia Friends Community Church and Preschool) objection to the request of Michael Hsiao for a Conditional Use Permit at his restaurant located at 510- 512 E. Live Oak Ave. in Arcadia. I find it ironic that Mr. Hsiao is only now trying to legalize the use of facilities that he has been using and abusing for the last few years since he opened for business. The reality of the situation, speaking as a resident at 5700 Lenore Ave, that is behind the alley where his parking and entrance is, there is no room in our neighborhood for his business to expand, or to stay at the present level of use. He does not have anywhere near enough parking, which results in his customers parking in our church parking lot and on both sides of our street, three to four houses south of my own home. I am tired of the parking issues, the noise late at night (2am) as people leave. I have had to personally pick up trash and bottles left in the street and our parking lot, as well as wash down the pavement of vomit left by his customers. As the Block Captain for our Neighborhood Watch Program, I can say on behalf of my neighbors on Lenore AVe that not only do we object to this expansion, we would hope that the City would step in and clearly curtail what is happening at Mr. Hsiao's business. It has turned our quiet neighborhood into an often noisy, dangerous and dirty environment. If you need further info or details, or have questions, please don't hesitate to contact me. gerwil@sbcglobal.net Home 626-574-7329 Office 626-445-2130 Cell 626-826-4982 Sincerely, J. Gerry Wilson, Concerned Neighbor / Senior Pastor of Arcadia Friends Community Church 5700 Lenore Ave Arcadia, CA 91006 8/7/2009 RESOLUTION NO. 1704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004-002 FOR THE SALE OF BEER AND WINE IN AN EXISTING 2,000 SQ.FT. RESTAURANT (D.B.A. CAFt FUSION) WITH 68 SEATS AND OPERATION HOURS OF 11:00 A.M. TO 11:30 P.M., SUNDAY THROUGH THURSDAY, AND 11:00 A.M. TO 1:00 A.M., FRIDAY AND SATURDAY, AT 510 E. LIVE OAK AVENUE. WHEREAS, on March 8, 2004, a conditional use permit application was tiled by C. C. Chang, agent of Cafe Fusion, for the sale of beer and wine in an existing 2,000 sq.ft. Restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 aim., Friday and Saturday (Development Services Department Case No. CUP 2004-002) at property commonly known as 510 E•. Live Oak Avenue; and WHEREAS, a public hearing was held on April 27, 2004, 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 attached report 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 initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 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 accommodate 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 ail 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. 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 2004-002 for the sale of beer and wine in an existing 2,000 sq.ft. restaurant (d.b.a. Caf6 Fusion) with 68 seats and operation hours of 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday at 510 E. Live Oak Avenue, upon the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. 'The sale of beer and wine is incidental to the restaurant use only and is not intended for off-premise consumption or a bar use. 4. The maximum number of -seats shall be 68 or the maximum occupancy as determined by Building Services, whichever is lower. 5. The use approved by CUP 2004-002 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved' for CUP 2004002. 6. A separate sign design review appllcation shall be submitted for all new signs on the premises. 7. Any exterior alteration to the building requires the filing and approval of a design review application. 8. All conditions of approval shall be compiled with prior to opening the restaurant. Noncompliance with the plans, provisions and conditions of approval for CUP 2004002 shall be grounds for Immediate suspension or revocation of any approvals, which could resuit.in the closing of the restaurant. 9. Approval of CUP 2004-002 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 2 1704 10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia 40 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 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 decision, findings and conditions contained in this Resolution reflect the Commission's action of April 27, 2004, by the following votes: AYES: Commissioners Hsu,1_ucas, Wen, Olson, Baderian NOES: none SECTION 5. The Secretary shall certify to the adoption of this Resolution and S shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 271h day of April, 2004, by the following votes: AYES: Commissioners Hsu, Lucas, Wen, Olson, Baderian NOES: none Chairman, Planning Commission City of Arcadia ;A2/sT,.' ~ tary, anni Piss hiion City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 41 3 1704 a~uro PRELIMINARY EXEMPTION ASSESSMENT `0m• °t~°"° (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 09-09 for a 960 square-foot expansion to an existing 2,040 square- foot restaurant located at 510-512 E. Live Oak Avenue. 2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7'/2' topographical map identified by quadrangle name): 510-512 E. Live Oak Ave. (between Hampstead Avenue and Lenore Avenue) 3. Entity or person undertaking project: ❑ A. City of Arcadia ® B. Other (Private) (1) Name: Michael Hsiao (d.b.a. Avant Garde Design Int.) (2) Address: 2063 S Atlantic #2D Monterey Park, CA 91754 (3) Phone: (323) 263-2484 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303(c) f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: July 13, 2009 Staff: Tim Schwehr, Assistant Planner [eee Kd Aoymn f.M1903 STAFF REPORT Development Services Department September 22, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 09-15 to operate a dance studio in an existing industrial building at 210 N. First Avenue SUMMARY Laura Powell and Brandon Kwae submitted Conditional Use Permit Application No. CUP 09-15 to operate a dance studio at 210 N. First Avenue. It is staff's opinion that the proposal with its limitations is appropriate for the location and will not have any negative impacts upon the neighboring properties or businesses. The Development Services Department is recommending approval of the application subject to the conditions in this staff report. GENERAL INFORMATION APPLICANTS: Laura Powell and Brandon Kwae (Lessees) LOCATION: 210 N. First Avenue REQUEST: A Conditional Use Permit to allow a dance studio for up to 40 students in a 3,200 square-foot unit in an existing industrial complex. SITE AREA: 21,597 sq. ft. (0.50 acres) FRONTAGES: 160 feet along N. First Avenue 135 feet along E. Santa Clara Street EXISTING LAND USE & ZONING: The site is developed with three industrial buildings that have been adjoined and total 15,413 square feet. The site is zoned M-1, Planned Industrial District. SURROUNDING LAND USES & ZONING: North: Vacant lot with a portion paved for parking -zoned M-1 South: Commercial Office - zoned CBD East: Carpet wholesaling warehouse - zoned M-1 West: Commercial Office - zoned C-M GENERAL PLAN DESIGNATION: Industrial BACKGROUND Conditional Use Permit Application No. CUP 09-15 is to operate a dance studio in an existing industrial building at 210 N. First Avenue. Because this location is in the Central Redevelopment Project Area, the property is subject to Arcadia Redevelopment Agency Resolution No. ARA 172, which was adopted on January 19, 1993. This resolution establishes uses, design requirements, and guidelines for the Project Area, and lists "dance studios/halls" as an "inappropriate use" for the Project Area. The Planning Commission, at its regular meeting on August 11, 2009, continued the public hearing on this CUP application to the September 22, 2009 meeting to allow the applicants time to request a waiver from Resolution No. ARA 172 from the Arcadia Redevelopment Agency. On September 15, 2009, the Arcadia Redevelopment Agency approved a waiver to allow a dance studio at the subject property. PROPOSAL AND ANALYSIS The proposal is to operate a dance studio that would occupy a 3,200 square-foot unit in an existing 15,413 square-foot industrial complex. The proposed business plan is attached. The applicants would be the only employees, and their proposed attendance and schedule are as follows: 4 students from 12:00 noon to 5:00 p.m., Monday to Saturday 20 students from 7:00 p.m. to 10:30 p.m., Monday to Thursday 40 students from 7:00 p.m. to 11:00 p.m. on Friday 40 students from 7:00 p.m. to 12:00 midnight on Saturday There will be no classes on Sundays A dance studio is a permitted use in the M-1 zone with an approved conditional use permit. Although a dance studio/hall is listed as an "inappropriate use" under Arcadia Redevelopment Resolution No. ARA 172, the Redevelopment Agency determined that CUP 09-15 210 N. First Avenue September 22, 2009 Page 2 a dance studio at the subject location would not conflict with the adjacent and surrounding uses and granted a waiver from the resolution on September 15, 2009. Parkin There are 20 on-site parking spaces for the 15,413 square-foot industrial complex, which is a legal non-conforming deficiency of 11 spaces. Based on the current parking requirement of 2 spaces per 1,000 square feet of industrial space, there should be 31 on-site parking spaces at this property. A dance studio is required to have 1 parking space per 100 square feet of dance floor area. Under this regulation, the proposed 3,200 square-foot dance studio with the proposed dance floor area of 1,260 square feet should have 12.6 spaces. This increases the parking requirement for this unit by 6.4 spaces for an overall parking requirement for the entire industrial complex of 37 spaces. Given the existing 11- space parking deficiency, this proposal will increase the deficiency to 17 spaces at this property. The applicants submitted the attached parking survey that indicates a parking surplus at the subject property. The survey indicates the following on-site parking numbers: Up to 4 cars between the hours of 8:00 a.m. to 6:00 p.m., Monday to Friday Up to 2 cars on Saturday, and No cars after 6:00 p.m. on any day during the survey. Staff's observations confirmed these findings. But, it must be noted that besides the subject 3,200 square-foot unit, only another 2,755 square feet of the entire 15,314 square-foot complex is currently occupied. It is obvious that the on-site parking is underutilized because most of the complex is currently vacant. There is no way to determine the parking demand for the vacant 9,458 square feet of warehouse space. Should the owner find tenants for this space, there will most likely be a significant increase in the use of the on-site parking, at least during regular daytime business hours. Staff has examined the availability of curbside parking in the vicinity of the subject location, which has its front door on N. First Avenue approximately 150 feet north of Santa Clara Street. Between Santa Clara Street and the alley to the north, there is space for up to 5 cars to park at the curb in front of the subject property. When 24- Hour Fitness first opened and did not have its parking structure available, this curbside parking was limited to 30 minutes. This restriction has been lifted. Across First Avenue between Santa Clara Street and St. Joseph Street is space for up to 8 cars to park at the curb. Because the lot to the north is vacant, and the office building across the street has a large on-site parking lot, most of the 13 on-street parking spaces on this block of First Avenue are not used and would be available and probably preferred by the clients of CUP 09-15 210 N. First Avenue September 22, 2009 Page 3 the proposed dance studio. However, only if all of the on-site parking is not needed after regular business hours might the proposed 40 student maximum for the weekend night classes be accommodated by the combination of on-site and curbside parking. This is a possibility. If limited to the number of students and hours as proposed, particularly the limit of 4 students during weekday afternoons and 20 students during weekday evenings, the proposed dance studio should have minimal impact upon the neighboring businesses. It is staff's opinion that the proposal would satisfy all the prerequisite conditions for a Conditional Use Permit. CODE REQUIREMENTS 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. CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no physical alterations to the property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15303 of the Guidelines as a conversion of a small commercial structure under 10,000 square-feet in floor area. A Preliminary Exemption Assessment is attached to this staff report. 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 all of the following prerequisite conditions can be satisfied: 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. CUP 09-15 210 N. First Avenue September 22, 2009 Page 4 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. It is staff's opinion that the proposed dance studio satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 09-15, subject to the following conditions: 1. There shall be a maximum of four (4) students from 12:00 noon to 5:00 p.m., Monday to Saturday, twenty (20) students from 7:00 p.m. to 10:30 p.m., Monday to Thursday, forty (40) students from 7:00 p.m. to 11:00 p.m. on Friday, and forty (40) students from 7:00 p.m. to 12:00 midnight on Saturday. 2. The hours of operation shall be limited to 12:00 noon to 10:30 p.m., Monday to Thursday, 12:00 noon to 11:00 p.m. on Friday, and 12:00 noon to 12:00 midnight on Saturday. 3. The use approved by CUP 09-15 is limited to the dance studio. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-15. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 09-15 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the dance studio. 5. 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. 6. Approval of CUP 09-15 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. The applicants 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 CUP 09-15 210 N. First Avenue September 22, 2009 Page 5 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 applicants 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 09-15 and adopt Resolution No. 1802, which incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 09-15; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings 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 September 22nd public hearing, please contact Associate Planner, Thomas Li at (626) 574-5447, or tli@ci.arcadia.ca.us. 5imama Community Development Administrator Attachments: Aerial Photo & Vicinity Map with Zoning Information Site Plan & Floor Plan Business Plan & Parking Survey Photos of Subject Property Preliminary Exemption Assessment Resolution No. 1802 CUP 09-15 210 N. First Avenue September 22, 2009 Page 6 N f>'x# 100 0 100 200 Fwt Al iR Subject Property M210 N First Ave M Arcadia M-1 Zone ti 11-M Development Services Department ~o Engineering Division °t Prepared by., R. S. Gonzalez Septmwr 2009 210 N First Avenue CEf M-1 N 100 0 100 Feet wj V. 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L V 9 ~ a y 0 T Q. z m C T ~p N a 0 i U i U i U i U U i U i i U 0 0 c 0 c 0 c 0 a 0 C 0 c 0 c C C W 0 a o co a co a co a co a co a co a co o t ca t ca t co "O N N ~ N ca m U U U U cST O d M i et i '1Y U CV U O d N r r N N E CL O E a a a a a a a o co co co co co co cD E E E E E E E O 0 00 0 00 N CD 0 00 0 OD 0 OD w 00 Cd, C N N OC ca -0 ccs T ' D 3: i I- 1- i fn to d O d a' ii m C O eo C_ 'a .7 .G V O .Q 3 N d r y.. O 3 as c m a' U. O e~ as c v 1 ~ N Cc a cu N r C O :a = V d O N s ~ r O O O c v~ kr _ ~ L ~U i~ N N k d ~ d > cry00 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 09-15 to operate a dance studio with a maximum of forty (40) students in an existing 3,200 square-foot industrial space. 2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7%' topographical map identified by quadrangle name): 210 N. First Avenue - on the northeast corner of First Avenue and Santa Clara Street 3. Entity or person undertaking project: 4. Staff Determination: ❑ A. City of Arcadia ® B. Other (Private) (1) Name: Laura Powell (2) Address: 8854 Hermosa Drive Temple City. CA 91780 (3) Phone: (626) 475-1277 The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303 f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: August 5, 2009 Staff: Tom Li. Associate Planner RESOLUTION NO. 1802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09-15 TO OPERATE A DANCE STUDIO WITH A MAXIMUM OF FORTY (40) STUDENTS IN A 3,200 SQUARE-FOOT INDUSTRIAL UNIT AT 210 N. FIRST AVENUE WHEREAS, on June 30, 2009, an application was filed by Laura Powell and Brandon Kwae, for a dance studio with a maximum of 40 students in a 3,200 square-foot industrial unit; Development Services Department Case No. CUP 09- 15, at 210 N. First Avenue; and WHEREAS, a public hearing was held by the Planning Commission on September 22, 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 September 22, 2009 are 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. 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 accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the businesses in the subject project 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. 6. That the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09-15, for a dance studio with a maximum of 40 students in a 3,200 square-foot industrial unit at 210 N. First Avenue, subject to the following conditions: 1. There shall be a maximum of four (4) students from 12:00 p.m. to 5:00 p.m., Monday to Saturday, twenty (20) students from 7:00 p.m. to 10:30 p.m., Monday to Thursday, forty (40) students from 7:00 p.m. to 11:00 p.m. on Friday, and forty (40) students from 7:00 p.m. to 12:00 a.m. on Saturday. 2 1802 2. The hours of operation shall be limited to 12:00 p.m. to 10:30 p.m., Monday to Thursday, 12:00 p.m. to 11:00 p.m. on Friday, and 12:00 p.m. to 12:00 a.m. on Saturday. 3. The use approved by CUP 09-15 is limited to the dance studio. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-15. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 09-15 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the dance studio. 5. 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. 6. Approval of CUP 09-15 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. 7. 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 3 1802 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 22nd day of September, 2009. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 4 1802 t99>.r> `9e A99r9~ 1901 September 22, 2009 TO: Arcadia Planning Commission STAFF REPORT Development Services Department FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 09-16 for a 2,090 square- foot art gallery and fine arts tutoring center with up to 12 students. SUMMARY Mr. Xiao Ming Chen and Mrs. Yang Chen submitted Conditional Use Permit Application No. CUP 09-16 to operate a 2,090 square-foot art gallery and fine arts tutoring center with up to 12 students in Unit A at 21 W. Duarte Road. Because the tutoring center is limited in size and the subject property meets the parking requirement for this use, it is Staffs opinion that the proposal is appropriate for the location and would not adversely impact the neighboring properties. Therefore, the Development Services Department is recommending approval of the application, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Xiao Ming Chen and Mrs. Yang Chen, lessees LOCATION: 21 W. Duarte Road, Unit A REQUEST: A Conditional Use Permit for a 2,090 square-foot art gallery and fine arts tutoring center with up to 12 students at any one time. The age range of the students would be limited to 4 - 14 years of age (non- driving age). The hours of operation will be 4:00 p.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 5:30 p.m. on weekends. SITE AREA: 19,018 sq. ft. (0.44 acres) FRONTAGE: 81 feet along West Duarte Road EXISTING LAND USE & ZONING: The site is developed with a one-story, 4,590 square-foot commercial building (c.1965) and is zoned C-2, General Commercial. SURROUNDING LAND USES & ZONING: N o rt h : Legal, non-conforming multiple-family residential - zoned C-2 South: City of Arcadia Library - unzoned East: One-story tutoring center- zoned C-2 West: Arcadia High School Athletic Field - zoned R-1 GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 09-16 were mailed on September 10, 2009 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject property is developed with a one-story, two-unit, 4,590 square-foot commercial building comprised of a 2,090 square-foot front unit (A) a 1,816 square- foot rear unit (B) and a 684 square-foot common hallway and restroom area. On February 22, 2005, the Planning Commission approved Conditional Use Permit No. CUP 05-03 for 21 W. Duarte Road, Unit B for a 1,816 square-foot tutoring center with up to 30 students at any one time with a parking modification for 23 on-site parking spaces in lieu of 24 spaces in order to create a drop-off/pick-up area in the rear parking lot. The parking requirement for this tutoring center was calculated using the same method that is currently applied to tutoring centers: 1 space for every 5 students of non-driving age, and 1 space for every instructor/employee. PROPOSAL AND ANALYSIS The proposal is to operate a 2,090 square-foot tutoring center at 21 W. Duarte Road, Unit A that was previously occupied by a retail shop, the Dolphin Dive Center. The proposed tutoring center includes a large art studio/gallery for student instruction and display of their work. Classes will also be held in a smaller classroom at the rear of the unit. The proposed floor plan is attached. The applicant states that a maximum of 12 students will be in attendance at any one time. The operational aspects of the proposed tutoring center are described in the attached operational plan. The tutoring center staff will consist of two instructors and one administrative assistant. Classes in CUP 09-16 21 W. Duarte, Unit A September 22, 2009 Page 2 art will be offered to students 4 - 14 years of age. The hours of operation will be 4:00 p.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 5:30 p.m. on weekends. The tutoring center may be closed on Mondays. According to the City of Arcadia Municipal Code, a tutoring center is a permitted use in the C-2 zone with an approved conditional use permit. Parkin There is an on-site parking lot with 23 parking spaces; 21 standard spaces, and two handicap spaces. Conditional Use Permit No. CUP 05-03 was approved by the Planning Commission on February 22, 2005 for a 1,816 square-foot tutoring center with up to 30 students in Unit B. This approval included a modification to allow 23 on- site parking spaces in lieu of 24 required for the tutoring center and the then existing 2,774 square-feet of retail floor area. The parking modification was approved in order to create a student drop-off/pick-up area in the rear parking lot. By code, a tutoring center is required to provide one on-site parking space for each employee, one space for every three students of driving age, and one space for every five children of non-driving age. Since the applicant is proposing to teach only students of non-driving age, the requirement for this proposal is one parking space for every five students. If limited to two teachers, one administrative assistant, and 12 students, the proposed tutoring center would be required to provide five parking spaces, which is six parking spaces less than the requirement for the former retail use of this unit. The parking requirement calculation for the proposed tutoring center is as follows: Parking Requirement for the Proposed Tutoring Center Criteria/Parking Ratio Spaces Required 1 space per employee for 3 employees = 3.0 spaces 1 space per 5 students for 12 students = 2.4 spaces Total 5.4 spaces The total parking requirement for the subject property with the proposed 2,090 square- foot fine arts tutoring center and the existing 1,816 square-foot tutoring center is 19 spaces. With 23 parking spaces existing on-site, this proposal will result in a parking surplus of 4 spaces. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design are required to be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. CUP 09-16 21 W. Duarte, Unit A September 22, 2009 Page 3 CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no physical alterations to the property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15303 of the Guidelines, as a conversion of a small commercial structure under 10,000 square-feet in floor area. A Preliminary Exemption Assessment is attached to this staff report. 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 all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional public health or welfare or injurious 1 zone or vicinity. Use Permit will not be detrimental to the the property or improvements in such 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 tc 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. It is staff's opinion that the proposed tutoring center can satisfy each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 09-16, subject to the following conditions: 1. There shall not be more than twelve (12) students, two (2) instructors and one (1) administrative staff at any time at the tutoring center. 2. The hours of operation of the tutoring center shall be limited to 4:00 p.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 5:30 p.m. on weekends. CUP 09-16 21 W. Duarte, Unit A September 22, 2009 Page 4 3. The tutoring center shall post and distribute notices to all students, parents, and the staff, instructing them where to park and where to drop-off and pick-up students in accordance with requirements established by the City. A draft of the notice shall be submitted to the City for review and approval by the Development Services Director or designee prior to issuance of an occupancy permit. 4. The use approved by CUP 09-16 is limited to the proposed fine arts tutoring center which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-16. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09-16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 6. 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. 7. 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 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. 8. Approval of CUP 09-16 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 09-16 and adopt CUP 09-16 21 W. Duarte, Unit A September 22, 2009 Page 5 Resolution No. 1804, which incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 09-16; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings 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 September 22nd public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574-5422, or by email at tschwehr@ci.arcadia.ca.us. Approved by: asama ommunity Development Administrator Attachments: Aerial Photo & Vicinity Map with Zoning Information 300-foot Radius Map Site Plan & Floor Plan Operational Plan Photos of Subject Property Preliminary Exemption Assessment Resolution No. 1722 Resolution No. 1804 CUP 09-16 21 W. Duarte, Unit A September 22, 2009 Page 6 ""4- Development Services Department Engineering Division Prepared by.~ R. S. Gonzalez, SepUneber2009 Gr""ORN, 21 W Duarte Road CUP 09-16 N CAMPUS DR 100 0 100 Feet (18) (12) (820) LUC C-z W (909) Q Q (900) Z [Ell Q Q Z C-2 y (1) (11) DUARTE RD ; (20) Q (24) Q UNZONED Z Q Q Z cfl) 21 W Duarte Road Development Services Department E CUP 09-16 Engineering Division r ~~~+tnfty vi o'~~ Prepared by, R.S. Gonzalez, September 2009 800 18 20 24 26' 36 808 5 19I251i 27131, 33 35 45 1 I 1 180 30 34 36 46 900 1 22 15 0 123~ 25 0 33 2 8 I ~ VLT 66 50 \ 9 11 15 19 23' 27~ ~,o 0 Cn 8fl'-t3" 49-0- 2V11 ~K~ • 12 2 t m 73 D c 3 t 14 4 t 16 rn 6 b { e 18 n` D8 9 rORop. tOAowG b AREA TRASH G T€- c AREA oaSttll~E.r_•..- 21 0 TUTC R1AL CI=NT DRIVEWAY EX1sTEO t c I ~ i RE5TROOM 1 m~ 20 21 21A (2,090SF) 22 Y Michael's 23' Fine Art zo _ou• L PARKING SPACE: REQUIRED: 21 A: PROPOSED ART TUTORIAL CENTER 1 SPACE PER EMPLOYEE PLUS 1 SPACE FOR EVERY 5 STUDENTS) 3 EMPLOYEES + 12 STUDENTS/5 STUDENTS-=1I Ras+Twln t vomawo lobb'I =,3. L} 21 B: PROPOSED TUTORIAL CENTER ` (1 SPACE PER EMPLOYEE PLUS 1 SPACE FOR. EVERY 5 STUDENTS) 4 EMPLOYEES + 30 STUDENTS/5 STUDENTS = 10 TOTAL REQUIRED: 14 TOTAL PROVIDED (INCLUDING 1 HANDICAPPED PARKING): 23 PROPOSED SJITE PLAN SCALE t"=330' PROJECT ADDRESS: 21 W DUARTE ROAD #A ARCADIA_ CA 91006 ~I ~i Floor Plan Storage o o .0 0 to Table Class Room Office 0 Q Easel ~ Easet Zoq 0 f tt Q Easel I Q Easel Q Easel Easel Q i 21 W. Duarte Road, Arcadia, CA( UNI T LOUIE PROP. does not guarantce the accuracy of infomtation derived from other sources and used within this Ayer. Lessee are advised to independently verify this infoemation. Operational Plan for Michael's Fine Art Studio The studio provides art-tutoring classes based on individualized instruction in a small group setting. There will be no more than 6 students in each class, and no more than 2 classes held concurrently. Number of staff members at any given time is 3, which includes 2 teachers and 1 administrative staff. Class Schedule: Max# of Max# of Days Class Time Class 1 Class 2 Students Staff Monday No Classes 0 1 Children's Art Foundation Art Tuesday 4:00 m- 5:30 m Age: 4-7 Age: 8-14 12 3 Children's Art Foundation Art d W d 4:00 m- 5:30 m Age: 4-7 A e: 8-14 12 3 nes e ay Foundation Art 5:30 m- 7:00 m Age: 8-14 6 2 Children's Art Foundation Art Thursday 4:00 m- 5:30 m Age: 4-7 A e: 8-14 12 3 Children's Art Foundation Art F id 4:00 m- 5:30 m Age: 4-7 Age: 8-14 12 3 ay r Foundation Art 5:30 m- 7:00 m Age: 8-14 6 2 Children's Art Foundation Art 9:00 am - 10:30 am Age: 4-7 Age: 8-14 12 3 Foundation Art Foundation Art 10:30 am - 12:00 m Age: 8-14 Age: 8-14 12 3 Saturday Children's Art Foundation Art 1:00 m- 2:30 m A e: 4-7 Age: 8-14 12 3 Children's Art Foundation Art 2:30 m- 4:00 m Age: 4-7 A e: 8-14 12 3 Foundation Art 4:00 m- 5:30 m Age: 8-14 6 2 Children's Art Foundation Art 9:00 am - 10:30 am Age: 4-7 Age: 8-14 12 3 Foundation Art Foundation Art 10:30 am - 12:00 m Age: 8-14 A e: 8-14 12 3 Sunday Children's Art Foundation Art 1:00 m- 2:30 m Age: 4-7 Age: 8-14 12 3 Children's Art Foundation Art 2:30 m- 4:00 m Age: 4-7 Age: 8-14 12 3 Foundation Art 4:00 m- 5:30 m Age: 8-14 6 2 Our business is mainly art education through individualized tutoring. The gallery proposed was for displaying students' art work, not for retailing purpose. t 1 AIL } 7Y 1 ~ se* s 'y { 0 RESOLUTION NO. 1722 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-003 FOR A 1,816 SQ.FT. TUTORING CENTER WITH UP TO 30 STUDENTS AT 21 W. DUARTE ROAD, SUITE B WHEREAS, on January 11, 2005, a conditional use permit application was filed by Chung I Wu, property owner, for a tutoring center for up to 30 students (Development Services Department Case. No. CUP 2005-003) at property commonly known as 21 W. Duarte Road, Suite B; and • WHEREAS, a public hearing was held on February 22, 2005, 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 attached-report 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 initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. I That the site for the proposed use is adequate in size and shape to accommodate 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. 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. z 1722 SECTION 3. 'That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 2005-003, for a tutoring center with up to 30 students at 21 W. Duarte Road, Suite B, upon the following conditions: 1. The maximum number of students, at any one time, shall not exceed thirty (30). A sign approved by the Building. Official shall be posted to state that the maximum number of students permitted. 2. The parking lot shall be restriped -and landscaped per the Arcadia Municipal Code, subject to the approval of the Development Services Department. 3. `No parking or stopping signs shall be posted along the driveway to discourage drivers from picking up or dropping off students in the driveway, subject to the approval of the Development Services Department. 4. The use approved by CUP 2005-003 is limited to the tutoring center. The tutoring center shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2005-003. 5. A separate sign design review application shall be submitted for all new signs on the premises. • 3 1722 6. Any exterior alteration to the building requires the filing and approval of a design review application. 7. All conditions of approval shall be complied with prior to opening the tutoring center. Noncompliance with the plans, provisions and conditions of approval for CUP 2005-003 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the school and office. 8. 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. 9. Approval of CUP 2005-003 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. IO.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, get 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 4 1722 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. 11.A "Right turn only" sign shall be posted at the driveway, subject to the approval of the Development Services Department. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of February 22, 2005, by the following votes: AYES: Commissioners,Baderian, Hsu, Lucas, Olson, Wen NOES: None SECTION 5. 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. • S 1722 I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the March 8, 2005, by the following votes: AYES: Commissioners Baderian, Hsu, Lucas, Olson, Wen NOES: None Chairman, Planning Commission City of Arcadia ATTES Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: r std P 1~4 Stephen P. Deitsch, City Attorney • b 1722 ~},tP Opt„ W PRELIMINARY EXEMPTION ASSESSMENT 0 °••~~•t" (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 09-16 for a 2,090 square-foot art gallery and fine arts tutoring center with up to 12 students. 2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7% topographical map identified by quadrangle name): 21 W. Duarte Road (between Santa Anita Avenue and El Monte Avenue) 3. Entity or person undertaking project: ❑ A. City of Arcadia ® B. Other (Private) (1) Name: Xiao Ming Chen & Yang Chen (2) Address: 18 E. Rodell Place Arcadia. CA 91006 (3) Phone: (626) 446-1822 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303 f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: September 1. 2009 Staff: Tim Schwehr. Assistant Planner RESOLUTION NO. 1804 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09-16 FOR A 2,090 SQUARE-FOOT ART GALLERY AND FINE ARTS TUTORING CENTER WITH UP TO 12 STUDENTS AT ANY ONE TIME AT 21 W. DUARTE ROAD, UNIT A. THE AGE RANGE OF THE STUDENTS IS LIMITED TO 4 - 14 YEARS OF AGE (NON-DRIVING AGE) AND THE HOURS OF OPERATION WILL BE 4:00 P.M. TO 7:00 P.M. ON WEEKDAYS AND 9:00 A.M. TO 6:30 P.M. ON WEEKENDS. WHEREAS, on August 3, 2009, a Conditional Use Permit application was filed by Mr. Xiao Ming Chen and Mrs. Yang Chen for a 2,090 square-foot art gallery and fine arts tutoring center with up to 12 students; Development Services Department Case No. CUP 09-16, at property commonly known as 21 W. Duarte Road, Unit A; and WHEREAS, a public hearing was held by the Planning Commission on September 22, 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 provided by the Development Services Department in the staff report dated September 22, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09-16 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 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. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the other businesses in the same center, 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 Conditional Use Permit No. CUP 09-16 will not adversely affect the comprehensive General Plan. 6. That the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09-16 for a 2,090 square-foot art gallery and fine arts tutoring center with up to 12 students, subject to the following conditions: 1. There shall not be more than twelve (12) students, two (2) instructors and one (1) administrative staff at any time at the tutoring center. 2. The hours of operation of the tutoring center shall be limited to 4:00 p.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 5:30 p.m. on weekends. 3. The tutoring center shall post and distribute notices to all students, parents, and the staff, instructing them where to park and where to drop-off and pick-up students in accordance with requirements established by the City. A draft of the notice shall be 2 1804 submitted to the City for review and approval by the Development Services Director or designee prior to issuance of an occupancy permit. 4. The use approved by CUP 09-16 is limited to the proposed fine arts tutoring center which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-16. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09-16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 6. 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. 7. 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 shall cooperate fully in the defense of 3 1804 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. 8. Approval of CUP 09-16 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 22nd day of September, 2009. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 4 1804 MINUTES ARCADIA PLANNING COMMISSION •Tuesday, September 8, 2009, 7:00 P.M. +iy,~eta°r Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, September 8, 2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Parrille presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baderian, Beranek, Hsu, and Parrille ABSENT: Commissioner Baerg It was moved by Commissioner Hsu and seconded by Commissioner Beranek to excuse Commissioner Baerg from the meeting. Without objection, the motion was passed. MOTION: It was moved by Commissioner Hsu and seconded by Commissioner Beranek tc read the Resolution by title only and waive reading the full body of the Resolution. Without objection the motion was approved. OTHERS ATTENDING Deputy Development Services Director/City Engineer, Phil Wray Community Development Administrator, Jim Kasama Associate Planner, Tom Li Assistant Planner, Tim Schwehr Temporary Administrative Assistant, Lauren Warren SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS A revised Resolution No. 1803 was distributed prior to the meeting. The revision being that the City Attorney has approved the Resolution as to form. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS - Five-minute time limit per person None PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP NO. 09-07 150 Alice Street Kent Sy & Johnny Lam The applicant is requesting a Tentative Parcel Map for a two-unit residential condominium. Assistant planner Tim Schwehr presented the staff report. The public hearing was opened. There were no speakers. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu to close the public hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Tentative Parcel Map No. TPM 09-07, subject to the conditions listed in the staff report. ROLL CALL: AYES: Commissioners Baderian, Beranek, Hsu, and Parrille NOES: None ABSENT: Commissioner Baerg 2. CONDITIONAL USE PERMIT NO. CUP 09-03 & ARCHITECTURAL DESIGN REVIEW NO. ADR 09-03 2 E. Duarte Road Alan Yu - Lessee The applicant is requesting a Conditional Use Permit and Architectural Design Review to replace an existing service station with a fueling station: A 2,400 square- foot, 24-hour convenience store (dba 7-Eleven) with the sale of beer and wine for off-site consumption and eight (8) self-service fueling pumps. RESOLUTION NO. 1803 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit no. CUP 09-03 and Architectural Design Review no. ADR 09-03 to replace an existing service station with an automobile fueling PC MINUTES 9-8-09 Page 2 station: a 2,400 square-foot, 24-hour convenience store (dba 7-Eleven) with the sale of beer and wine for off-site consumption and eight (8) self-service fueling pumps at 2 E. Duarte Road. Associate Planner Tom Li presented the staff report. Commissioner Baderian asked if there is a liquor store next to the proposed 7- Eleven site and Mr. Li explained that the liquor license for that store had been revoked. Chairman Parrille asked Mr. Li if Arcadia High School staff had been notified of this project and Mr. Li replied that the School District had been notified, but he had received no comments or questions from them. Chairman Parrille asked the applicant's representative if any marketing studies had been done in the area and she replied that studies had been conducted and the applicant is satisfied with the results. The public hearing was opened. Mr. Ian Mark represented the applicant. He said that 7-Eleven has procedures in place that make it very difficult for minors to buy liquor. Commissioner Baderian asked Mr. Mark how many employees would staff the store and Mr. Mark said there will be two or three at any time. Commissioner Baderian asked if the applicant had received a copy of the revised Resolution. Mr. Li said they had not. However, Mr. Mark said that the applicant is aware of it and will comply with all conditions. Chairman Parrille asked if 7-Eleven had done marketing studies to make sure the area was not over-saturated with stores. A 7-Eleven representative explained that the corporate goal is to place one store within every half-mile. She further stated that beer and wine sales amount to between 10% to 15% of total sales and the rest is composed mostly of snack items. She also explained the 7-Eleven employee training policy regarding procedures to assure that no alcohol is sold to minors. Commissioner Baderian asked about the hours for selling alcoholic beverages and the 7-Eleven representative said that standard hours would apply. Mr. Kasama explained that the State Department of Alcoholic Beverage Control regulates hours. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu to close the public hearing. Without objection the motion was approved. PC MINUTES 9-8-09 Page 3 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 09-03/Architectural Design Review 09-03 and to adopt Resolution No. 1803 subject to the conditions listed in the staff report. ROLL CALL: AYES: Commissioners Baderian, NOES: None ABSENT: Commissioner Baerg Beranek, Hsu, and Parrille CONSENT ITEMS 3. MINUTES OF AUGUST 11, 2009 MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Beranek to approve the Minutes of August 11, 2009 as presented. Without objection the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille summarized the action taken by the Modification Committee. MATTERS FROM STAFF Mr. Kasama discussed upcoming agenda items. ADJOURNED 7:26 p. m. Chairman, Planning Commission ATTEST: Secretary, Planning Commission PC MINUTES 9-5-09 Page 4