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HomeMy WebLinkAbout10-27-09PLEDGE OF ALLEGIANCE ROLL CALL MOTION: To read the Resolutions by title only and waive reading the full text of the Resolutions. 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 conceming 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. CONDITIONAL USE PERMIT NO. CUP 09 -09 Continued from September 22, 2009 510 -512 E. Live Oak Avenue; 529 -555 E. Live Oak Avenue; 600 -618 E. 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 E. Live Oak Avenue, and approval for this restaurant to utilize off -site parking at either or both of the nearby commercial centers located at 529 -555 E. Live Oak Avenue or 600 -618 E. Live Oak Avenue in lieu of the requried on -site parking for this expansion. RECOM MENDATION: Conditional approval A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There is a five working day appeal period after the adoption of the Resolution. 2. CONDITIONAL USE PERMIT NO. CUP 09 -17 52 East Live Oak Avenue Peter Monsod ARCADIA PLANNING COMMISSION AGENDA Tuesday, October 27, 2009, 7:00 P.M. Arcadia City Council Chambers The applicant is requesting a Conditional Use Permit for a 2,800 square -foot martial arts studio with1,400 square -feet of instruction area and 1,400 square -feet of retail at 52 East Live Oak Avenue. RECOMMENDATION: Conditional approval 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 10 -27 -09 RESOLUTION NO. 1808 A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Conditional Use Permit No. CUP 09 -17 to operate a martial arts studio with a maximum of twelve (12) students in a 2,800 square -foot commercial unit at 52 E. Live Oak 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 Tuesday, November 3, 2009. 3. CONDITIONAL USE PERMIT NO. CUP 09 -18 1130 South Baldwin Avenue, Unit A3 (dba JJ Bakery) Daphne Shen of Pacific Design Group (Representative of lessee, JJ Bakery) The applicant is requesting a Conditional Use Permit and the related Parking Modification for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast from 6:30 a.m. to 11:00 a.m., seven days a week. RECOMMENDATION: Conditional approval RESOLUTION NO. 1807 A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Conditional Use Permit No. CUP 09 -18 for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast from 6:30 a.m. to 11:00 a.m., seven days a week, at 1130 S. Baldwin Avenue, Unit A3. 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 Tuesday, November 3, 2009. CONSENT ITEMS 4. MINUTES OF OCTOBER 13, 2009 RECOM MENDATION: 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 10 -27 -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 10 -27 -09 October 27, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner STAFF REPORT Development Services Department 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 from one or two nearby commercial strip malls. This supplemental off -site parking arrangement was proposed at the September 22, 2009 Planning Commission meeting at which time the applicant was granted a continuance to complete a parking study of the proposed sites, and for staff to issue an expanded public hearing notification. It is staff's opinion that the supplemental off -site parking at either or both locations is a feasible solution, and therefore, is recommending approval of Conditional Use Permit No. CUP 09 -09 subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Mr. Michael Hsiao, designer LOCATION: 510 -512 E. Live Oak Avenue between Hempstead Ave. and Lenore Ave. 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 11:30 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 5:00 pm to 11:30 pm, Friday and Saturday. SITE AREA: 7,497 square feet (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 October 15, 2009 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property and within 300 feet of the two commercial strip malls that would provide the supplemental parking (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 a.m. to 1:00 a.m., Friday and Saturday. Resolution No. 1704 for this CUP is attached to this report. On August 11, 2009, the Arcadia Planning Commission considered Conditional Use Permit Application No. CUP 09 -09, to legalize an existing 960 square -foot expansion of the existing 2,040 square -foot restaurant. At this meeting, the applicant proposed to lease 20 parking spaces at 405 Lynrose Street, an industrial property that is 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 CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 2 denial of CUP 09 -09. The applicant; however, requested a continuance to allow time to explore other possible parking solutions. By a 3 -1 vote with 1 Commissioner absent, the Planning Commission granted a continuance of application no. CUP 09 -09 to the September 22, 2009 Planning Commission meeting. The continuance was granted with the following conditions: 1. 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, and 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, 2009 meeting, staff inspected the site on multiple occasions and found that the expansion area is not being used, but the entertainment equipment was still in place. On September 22, 2009, the Planning Commission heard the continuance of application no. CUP 09 -09 to legalize the existing 960 square -foot expansion of the existing 2,040 square -foot restaurant. At this meeting, the applicant was proposing to lease 16 parking spaces from a commercial strip mall across the street at 529 -555 E. Live Oak Avenue, or from another nearby commercial strip mall located at 600 -618 E. Live Oak Avenue. In order to allow time for a parking study of both potential lease sites, and for an expanded public hearing notification to all the tenants, property owners, and residents within 300 feet of the subject property and the two potential lease sites, staff recommended a further continuance to the October 27, 2009 Planning Commission meeting. By a 5 -0 vote, the Planning Commission granted this second continuance. 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 or karaoke 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 Avenue, Live entertainment without a permit, and 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 approval for two new signs to replace the unpermitted signs, but these signs have yet to be installed and the illegal signs are still in place. Also in May 2009, the applicant submitted application no. CUP 09 -09. During a site visit to evaluate the CUP application, staff observed that the parking lots for the adjacent commercial properties at 500 E. Live Oak Avenue and 516 E. CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 3 Live Oak Avenue have prominently posted signs stating, "No Cafe 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 by 14 to a maximum of 82 patrons, and a Parking Modification to allow the use of an additional 16 spaces at a nearby commercial strip mall. The 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 with the expansion area to only be used after 5:00 p.m.: Parking CUP 04 -02 11:00 a.m. 11:30 p.m., Sun Wed 11:00 a.m. 1:00 a.m., Thur Sat CUP 09 -09 11:00 a.m. 10:30 p.m., Sun Thur 11:00 a.m. 11:30 p.m., Fri Sat There is a surface parking lot at 510 -512 E. Live Oak Avenue with 14 parking spaces; 13 standard spaces, and 1 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 04 -02 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 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 are not well- suited for 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 across the street at 529 -555 E. Live Oak Avenue, Ms. Susan Tsai CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 4 and Mr. Spencer Tsai, to lease 16 parking spaces. Copies of sample agreements are attached to this report. According to City code, required parking spaces must be located either, on the same lot or site, or within 100 feet of the budding 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 Cafe 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. 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 are a nail salon that closes at 7:00 p.m. on weekdays, and a take -out only eating establishment. In addition, the restaurant (CUP 07 -06) is currently unoccupied. The applicant provided the attached sample parking study for a 2 week period showing the number of available parking spaces at this location. Available parking spaces were counted once per hour from 11 a.m. to 10 p.m. each day. The results show that parking at this location is busiest during weekday business hours (11 a.m. to 5 p.m.) when approximately 50 -75% of the parking is occupied. Starting at 5 p.m. the use of these spaces drops significantly to roughly 25 These numbers indicate that there would be an average surplus of 7 -13 parking spaces from 11:00 a.m. 5:00 p.m. and 20 surplus spaces after 5:00 p.m. and on weekends. Staff conducted its own observations during weekday business hours and verified that not more than 75% of the parking is utilized at this center. But, this is with the restaurant unoccupied. 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. On September 17, 2009, a building permit was issued for this new office 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 will remain underutilized, and therefore the parking study's estimate of 20 surplus parking spaces on- site during evening hours and weekends is not expected to change. Supplemental Parking at 600 -618 E. Live Oak Avenue As an alternative, Cafe 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 CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 5 the parking modification if this property were used for supplemental parking by Cafe Fusion. Sample agreements are attached. 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 Requirements for 600 -618 E. Live Oak Ave. Address Use Floor Area Spaces Required 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 sq. ft. 6.5 Totals 8,540 sq. ft. 56.8 The applicant provided the attached sample parking study for a 2 week period showing the number of available parking spaces at this location. Parking spaces were counted once per hour from 11:00 a.m. to 10:00 p.m. each day. The results show that this center is busiest during weekends and on weekday evenings, but only about 50% of the parking is utilized. These numbers indicate that there would be a surplus of approximately 25 parking spaces even during the busiest time at this center. Staff conducted its own observations during weekday business hours and found that most of the parking at this center is not utilized at these times. 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 Permit and License Review Board, and karaoke requires an approve CUP. Neither live entertainment, nor karaoke is being requested as part of this CUP application. Economic Development The City's Economic Development Manager has reviewed this application, and states that from an Economic Development perspective, an approval of the Cafe 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 Cafe Fusion underscores the most positive aspects of private business CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 6 and private investment, and their growth, and additional investment by the business owner should be encouraged. Public Comments In response to the initial public hearing notice mailed on July 30, 2009 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. In response to the recent public hearing notice mailed on October 15, 2009, Mr. Gerry Wilson contacted Staff and expressed his continued concern about the restaurant expansion. Mr. Wilson did comment that if the expansion is approved, he is in favor of the proposal to lease off street parking and reduce the restaurant hours as a way of addressing his concerns. Conclusion Based on the supplemental information showing that parking is available at either potential lease site, staff is recommending approval of Conditional Use Permit No. CUP 09 -09, subject to the conditions listed in this report, including Parking Modifications to allow the leasing and use of 16 off -site parking spaces located at 529 -555 E. Live Oak Avenue; 600- 618 E. Live Oak Avenue; or another location within 130 feet of the subject property. A denial of Conditional Use Permit Application No. CUP 09 -09 would allow Cafe 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, City Engineer, 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 significant physical alterations to the property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 7 California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section 15303(c) of the CEQA Guidelines as a conversion of a small 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. 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 approval of Conditional Use Permit Application No. CUP 09 -09, subject to the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the 960 square -foot expansion area limited to 5:00 p.m. to 10:30 pm, Sunday through Thursday, and 5:00 p.m. to 11:30 p.m., 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. CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 8 6. The maximum number of seats shall be the lesser of 82 or the maximum occupancy as determined by the Building Official and Fire Marshal. 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 approved 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 the satisfaction of the Building Official to meet the Building and /or Plumbing Code 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 to allow 14 on -site parking spaces and the use of 16 off -site parking spaces at locations deemed suitable by the Development Services Director or designee and located within 130 feet of the subject property. Agreements /covenants with the City of Arcadia as a party thereto in forms approved by the City Attorney for the off -site parking spaces shall be executed and maintained at all times that the off -site parking is required for the use approved by CUP 09 -09. This Parking Modification does not constitute an approval of a general reduction or alteration of the parking requirements for the subject property, but rather only for the restaurant that is herein conditionally approved. Uses other than this restaurant shall 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, City Engineer, 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. CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 9 Denial 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 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. 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 October 27, 2009 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us. Approved by: J' asama Community Development Administrator Attachments: Aerial Photo Vicinity Map 300 -foot radius map Resolution No. 1704 for CUP 04 -02 Photos of "No Cafe Fusion Parking" signs Site Plan Floor Plan Photos of subject site and surrounding uses Sample agreements for 529 E. Live Oak Ave. Parking Study for 529 E. Live Oak Ave. Sample agreements for 600 -618 E. Live Oak Ave. Parking Study for 600 E. Live Oak Ave. Email of opposition Preliminary Exemption Assessment CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 10 510 -512 E Live Oak Ave Arcadia Zone 4 4 Ltl'oe,v 529 -555 E Live Oak Ave 600 -618 E Live Oak Ave Development Services Department Engineering Division Prepared by: R.S.Gonzalez, October 2009 510 -512 E Live Oak Avenue CUP 09.09 100 1) (511) N 0 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, October2009 R -3 (521) 100 Feet t1-21 (2513) 529 -555 E Live Oak Ave C -2 (529 (2523) HIV E OAK AVE Q z 510.512 E Live Oak Avenue CUP 09 -09 I s Ore SUE MORENO (626)350 -5944 OWNERSHIP OCCUPANTS UST RADIUS MAPS. LAND USE PLANS MUNICIPAL COMPUANCE CONSULTING 2108 LAMBERT AVE.EL MONTE, CA 81732 -FAX(828)350-1532 PROJECT INFORMATION 510, 529 -555, 600 -618 E. LIVE OAK, AVE. ARCADIA, CA. 09 -208 SCALE 1" 200' 94 P0t.. YAM. ►1'lrl�L'�'# t4 INAIPC It c LIVE OA KT AV AilEy� thfettAKIWE f t+V Ef p -L-14/E- I 3654 9 p 3654 c/:iss 0.5 c v *a 37 vii Oi /jog p r.,- 4' LIVE r5 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. CAFE 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 filed 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 a.m., 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 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. 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 tower. 5. The use approved by CUP 2004 -002 is limited to the restaurant. The restaurant shail be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved' for CUP 2004-002. 6. A separate sign design review application 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 complied with prior to opening the restaurant. Noncompliance with the plans, provisions and conditions of approval for CUP 2004 -002 shall be grounds for immediate suspension or revocation of any approvals, which could result 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 and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia conceming this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in 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, Lucas, Wen, Olson, Baderian 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. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 27 day of April, 2004, by the following votes: ATT ST. AYES: Commissioners Hsu, Lucas, Wen, Olson, Baderian NOES: none ecretary, anni mission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 3 Chairman, Planning Commission City of Arcadia 1704 cs, W� Q j hit $»•z 1A2) tvi 90010 V3 1 /10V08V /AV MVO 3M '3 0117 NOISf1A 31V0 NOLLVO11da df10 VIVO NVId 311S 90016 VO VIOV381/ 3AV MVO 3A11 '3 0 LS NOISf13 33VO NOLLY flddV df1O NVId H0012 1 i L 8 1 .wa oar .h1 b t 3 i ?I; a I 1 T r m on ,;,,,,t 4 a L� k 1 t‘ -I_ 3 H ..i.. I tilliF- 1 MI H ft) b 1 .t-L.,1,:,-, h.,. i_11 7' i I i, T4 ,-,,L.,.,,,. z �V`- A r 1 90016 VO VIOV381/ 3AV MVO 3A11 '3 0 LS NOISf13 33VO NOLLY flddV df1O NVId H0012 1 i L 8 1 .wa oar .h1 b t 3 cl._ PARKING SPACES LEASE AGREEMENT Susan Tsai, Spencer Tsai (Leaser) and Cafe 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, landscaping and all mechanic Premises clean and sanitary. L malfunction or damage. Lesse Lessee shall be charged for all timely manner. B. Lessee's failure to maintair right to hire someone to perfoi maintenance. perate and safeguard Premises, including if applicable, any 1, electrical, gas and plumbing fixtures, and keep them and the essee shall immediately notify Leaser, in writing, of any problem, shall be charged for all repairs or replacements caused by Lessee. damage to Premises as a result of failure to report a problem in a any item for which Lessee is responsible shall give Leaser the n such maintenance and charge Lessee to cover the cost of such 7. RULES AND REGULATIO S: Lessee agrees to comply with II Leaser rules and regulations that are at any time posted on the Premises or delivered to Less e. 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 wa te or nuisance on or about the Premises. 8. ALTERATIONS AND REP IRS: Without Leaser's prior writte consent, Lessee shall not make any repairs, alterations or imprivements in or about the remises. 9. OTTER TERMS AND CO ITIONS: Leas r will not responsible vehiles. Lessee Su Mei Wang, Cafe Fusion easer Susan Tsai, Spencer Tsai r the damages or personal properties loss of the parked 0 g, Date C C 08/25/2009 Date 1 Of 08(25/2009 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 COVENANT AND AGREEMENT REGARDING OFF STREET PARKING AND COMPLY WITH CITY OF ARCADIA PARKING REQUIREMENTS This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section 9269.5 off street parking requirements and 9269.6 parking location. In order to assure that the use at 529 -555 E. Live Oak Avenue as specifically described below meets City of Arcadia parking requirements. This Covenant and Agreement is also made with reference to a Lease Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant. FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SU MEI WANG (LEASEE) AND SUSAN TSAI AND SPENSER TSAI (LEASER) Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers of that certain real property located at 529 -555 E. Live Oak Avenue, in the City of Arcadia, County of Los Angeles, State of California, legally described as follow: Tract No. 11382 Lot 6 All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land as follow: 1. In consideration of the City's grant of a Conditional Use Permit for the purpose of conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to provide adequate parking consistent with standards in the City Zoning Ordinances sections 9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant business use at 510 -512 E. Live Oak Avenue shall cease and terminate if, at any time, the current parking requirements of the City are not satisfied. This shall include any action pursuant to the Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or be terminated so as to result in inadequate parking pursuant to City Code requirements for the business at 510 -512 E. Live Oak Avenue. 2 2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantor. 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live Oak Avenue as specifically described above by allowing the use at the facility to meet City Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are not being complied with and the restaurant use at such premises shall not be a permitted use pending compliance with the parking requirements of the City of Arcadia. 5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite its signature. "COVENANTOR" Su Mei Wang Date "COVENANTOR" Susan Tsai and Spencer Tsai Date "COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation City Manager Date APPROVED AS TO FORM: City Attorney Date W Ch bl Z1 11 171 1 oi 15i7 ..0 M M ins 1 11 of 00 00 01 01 h C' LONE Z1 i n 1 11 0I ZI 00 00 00 C VQ I KIIS ivs 00 tT 1213 0I 1 I C o r r- kO nxi H i Z aL1 I O I[ ZI 01 Z n Z1 v., w vo La NOW 91 5 £1 1 91 I 00 00 La V1 M M uns lD ■.G J.VS r� In V1 112 ti 1I Z1 11 1 11111 81 81 zi S1 L I 01 00 00 P- VC M M 1 WV 111 cudd I wdi tut I tud£ I twit I twig. I urdz tudg I urd6 I �o� Q 0 d BStb9L,i,929 313 CALIFORNIA ASSOCIATION Iv OF REALTORS Date (For reference only): September 21, 2009 COMMERCIAL LEASE AGREEMENT (C.A.R. Form CL, Revised 10/01) ;FAITHKAY,LLC CAFL FUSION "Landlord and 1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 600 Tenan E t LIVE AVE. as follows: ARCADIA, CA 91006 (PARKING LO'1 comprise approximately of the total sq(iare footage of rentable space in the entire property. See exhibit "Premi for r a o a, which description of the Premises. f further 2. TERM: The term begins on (date) October 1, 2009 (Check A or B): "Commencement Date O A. Lease: and shall terminate on (date) at AM PM. Any holding over after the term of this agreement expires, with Landlord's consent, shall create a month -to -month tenancy that either party may terminate as specked in paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect. B. Month -to- month: and continues as a month -to }month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date. C. RENEWAL OR EXTENSION TERMS: See attached addendum 3. BASE RENT: A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) IN (1) 200.00 per month, for the term of the agreement. per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All urban Consumers "CPI for (the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI preceding the first calendar month during :which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI. per month for the period commencing and ending and per month for the period commencing and ending and per month for the period commencing and ending (4) In accordance with the attached rent schedule. (5) Other: B. Base Rent is payable in advance on the 1st (or day of each calendar month, and is delinquent on the next day. C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 30 -day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30 -day period. 4. RENT: A. Definition: "Rent shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit. B. Payment: Rent shall be paid to (Name) at (address) location specified by Landlord in writing to Tenant. or at any other C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord. 5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent, and (ii) Tenant is is not obligated to pay Rent other than Base Renti Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement. 6. SECURITY DEPOSIT: A. Tenant agrees to pay Landlord as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) If Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (I) cure Tenant's default in payment of Rent, late charges, non sufficient funds "NSF fees, or other sums due; (II) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (Iii) broom clean the Premises; if necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (I) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant. However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit, unless required by local ordinance. The copyright laws of the United States (Title 17 U.S.: Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or confputerized formats. Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. CL REVISED 10/01 (PAGE 1 of 6) Landlord's Initials Tenant's Initials COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6) Agent: Jim Lek Phone: (66) 285 8333 Fax: (626) 236 9200 Broker: Ko Tel Realty 802 E Mission Rd, San!Gabriel CA 91776 Reviewed by Date EOM ROUSING OPPORTUNITY Prepared using WINForms® software 600 E. LIVE OAK AVE. ARCADIA, CA 91006 (PARKING LOT) Premises: 7. PAYMENTS: PAYMENT TOTAL DUE RECEIVED BALANCE DUE DUE DATE A. Rent: From 10/01/2009 To 200.00 200.00 10/01/09 Date Date B. Security Deposit C. Other: Category D. Other: Category E. Total: 200.00 200.00 8. PARKING: Tenant is entitled to 16 unreserved and reserved vehicle parking spaces. The right to parking is is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall be an additional per month. Parking space(s) are to be used for parking operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick -up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking space(s) or elsewhere on the Premises. No overnight parking is permitted. 9. ADDITIONAL STORAGE: Storage is permitted as follows: The right to additional storage space is is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent, storage space shall be an additional per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the clean -up of any contamination caused by Tenant's use of the storage area. 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively, 20.00 as late charge, plus 10% interest per annum on the delinquent amount and 525.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the dste Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law; 11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions: Items listed as exceptions shall be dealt with in the following manner: 12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances "Laws Landlord makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation regarding all applicable Laws. 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant 14. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utility and service bills, insurance, and real estate taxes, based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. OR B. (If checked) Paragraph 14 does not apply. 15. USE: The Premises are for the sole use as No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises. 16. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do 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 committing a waste or nuisance on or about the Premises. 17. MAINTENANCE: A. Tenant OR (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plumbing and water systems, if any, and keep glass, windows and doors in operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost. B. Landlord OR❑ (If checked, Tenant) shall maintain the roof, foundation, exterior walls, common areas and Copyright ®1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS INC. CL REVISED 10/01 (PAGE 2 of 6) Landlord's Initials (7' Tenant's Initials Date September 21, 2009 I Reviewed by Date COMMEROIAL LEASE AGREEMENT (CL PAGE 2 OF 6) FUSION £5A HOUSING 600 E. LIVE OAK AVE. ARCADIA CA 91006 (PARKING LOT) Premises: Date September 21, 2009 18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably) withheld. Any alterations to the Premises shall be done according to Law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non Responsibility to prevent potential lien$ against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law. 20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice. 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90 (or day period preceding the termination of the agreement. 22. SUBLETTING /ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, !agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approV,al, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under th "s agreement. 23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord Is unable to deliver possession within 60 (or❑ calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid. 24. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (I) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (11) vacate Premises and surrender it to Landlord empty of all persons and personal property; Oil) vacate all parking and storage spaces; (Iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v) clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vi1) All improvements installed by Tenant, with or withou Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant. 25. BREACH OF CONTRACT /EARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for ldst rent, rental commissions, advertising expenses, and painting costs necessary to ready Premises for re- rental. Landlord may also recover from Tenant: (1) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (ii) the worth, at the time of award, of they amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Te,'nant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance a the term after the time of award exceeds the amount of such rental Toss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to possession, by either written notice of termination of possession or by relenting the Premises to another who takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due. 26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shalli be abated as of the date of damage. The abated amount shall be the current monthly Base Rent prorated on a 30 -day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made. 27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean -up of any contamination caused by Tenant. 28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, eclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord. 29. INSURANCE: Tenant's personal property, fixtures, equif}ment, inventory and vehicles are not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. In addition, Tenant shall carry liability insurance in an amount of not less than insurance shall name Landlord and Landlord's agent as ;additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least plus property insurance in an :,amount sufficient to cover the replacement cost of the property. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by insurance. Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS INC. CL REVISED 10/01 (PAGE 3 of 6) Landlord's Initials Tenant's Initials Reviewed by Date COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) FUSION EOM NOUSINC OPPORTUNITY 600 E. LIVE OAK AVE. ARCADIA, CA 91006 (PARKING LOT) Premises: Date September 21, 2009 30. 'TENANCY STATEMENT (ESTOPPEL CERTIFICATE):i Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and 4orrect, and may be relied upon by a prospective lender or purchaser; and (11) may be treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer. 31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further liability to Tenant, upon Landlord's transfer. 32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee, or ground lessor elect$ to have this agreement placed in a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreemert. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit report(s); or (ii) at any time, upon discovering thMt information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement. 34. DISPUTE RESOLUTION: A. MEDIATION: Tenant and Landlord agree to mediate lany dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 34B(2) below. Paragraphs 34B(2) and (3) apply whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first; attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to *over attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Tenant and Larr'dlord agree that any dispute or claim In Law or equity arising between them out of this agreement or any resulting transaction, which, is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 34B(2) and (13) below. The arbitrator shall be a retired Judge or justice, or an attorney with at least 5 years of real estate transactional law experience,' unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In al) other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgments upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a judicial or non judicial foreclosure or other action or {proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (11) an unlawful detainer action; (lij) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.15 applies. The filing] of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions. (3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR ;JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Landlord's Initials Tenant's Initials 4/4 'j Landlord's Initials Tenant's Initials 1if/ Copyright* 1998-2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC. CL REVISED 10/01 (PAGE 4 of 6) COMMER(}IAL LEASE AGREEMENT (CL PAGE 4 OF 6) Reviewed by Date FUSION [DUAL ROUSING OPPORTUNITY 600 E. LIVE OAK AVE. ARCADIA, Premises: 35. JOINT AND INDIVIDUAL OBLIGATIONS: If there is performance of all obligations of Tenant under this agre 36. NOTICE: Notices may be served by mail, facsimile, or dourier CA 91006 (PARKING LOT) Date September 21, 2009 more than one Tenant, each one shall be individually and completely responsible for the ment, jointly with every other Tenant, and individually, whether or not in possession. at the following address or location, or at any other location subsequently designated: Tenant: Landlord: Notice is deemed effective upon the earliest of the following: (iii) 5 days after mailing notice to such location by first class mail, 37. WAIVER: The waiver of any breach shall not be construed 38. INDEMNIFICATION: Tenant shall indemnify, defend and arising out of Tenant's use of the Premises. /SUPPLEMENTS: (1) personal receipt by either party or their agent; (ii) written acknowledgement of notice; or postage pre -paid. as a continuing waiver of the same breach or a waiver of any subsequent breach. hold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees 39. OTHER TERMS AND CONDITIONS The following ATTACHED supplements /exhibits incorporated in this agreement: Option Agreement (C.A.R. Form OA) are 40. ATTORNEY FEES: In any action or proceeding arising reasonable attorney fees and costs from the non prevail out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to ng Landlord or Tenant, except as provided in paragraph 34A. 41. ENTIRE CONTRACT: Time is of the essence. All p for agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contract. It is intended as a final -xpression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The p =rties further intend that this agreement constitutes the complete and exclusive statement of it terms, and that no extrinsic evidence whatsoever may b introduced in any judicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not aff =ct the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, a signees and successors to the parties. 42. BROKERAGE: Landlord and Tenant shall each pay t• Broker(s) the fee agreed to, if any, in a separate written agreement. Neither Tenant not Landlord has utilized the services of, or for any other eason owes compensation to, a licensed real estate broker (individual or corporate), agent finder, or other entity, other than as named in this a•reement, in connection with any act relating to the Premises, including, but not limited to inquiries, introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hok harmless the other, and the Brokers specified herein, nd their agents, from and against any costs, expenses, or liability for compensation ctaimec inconsistent with the warranty and representation in this paragraph 42. 43. AGENCY CONFIRMATION: The following agency relati nships are hereby confirmed for this transaction: (Print Firm Name) is the agent o Listing Agent: (check one): the Landlord exclusively; or both the Tenant and andlord. (Print Firm Name) (if not same as Listing Agent) is the agent Selling Agent: (check one): the Tenant exclusively; or the Landl•rd exclusively; or 0 both the Tenant and Landlord. Real Estate Brokers are not parties to the agreement be een Tenant and Landlord. Landlord's Initials (4' "t Tenant's Initials G.,/ A Copyright ©1998 -2009, CALIFORNIA ASSOCIATION OF R ALTORS INC. Reviewed by Date (OVAL OUNON I CL REVISED 10101 (PAGE 5 of 6) COMMERCI L LEASE AGREEMENT (CL PAGE 5 OF 6) FUSION Premises: 600 E. LIVE OAK AVE. ARCADIA, CA 91006 (PARKING LOT) Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; II cannot verify representations made by others; (iii) will hot verify zoning and land use restrictions; (iv) cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from appropriate professionals. f j Tenant 4t CAFE FUSION (Print Name) Address 510 E. LIVE OAK .AVE. Tenant (Print Name) Address City ARCADIA Date September 21, 2009 Date September 21, 2009 State CA Zip 91754 Date City State Zip Landlord a L Date (o r or agent with authority to enter into this agr City ARCADIA State CA Zip 91006 Address 600 E. LIVE OAK AVE. Landlord Date (owner or agent with authority to enter into this agreement) Address City State Zip Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant. Real Estate Broker (Leasing Firm) DRE Lic. By (Agent) DRE Lic. Date Address City State Zip Telephone Fax E -mail Real Estate Broker (Listing Firm) DRE Lic. By (Agent) DRE Lic. Date Address City State Zip Telephone Fax E -mail THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It iA not intended to identify the user as a REALTOR REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the Califomia Association of REALTORS® 525 South Virgil Avenue, Los Angeles, Califomia 90020 CL REVISED 10/01 (PAGE 6 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Reviewed by Date EQUAL HOUSING FUSION 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 COVENANT AND AGREEMENT REGARDING OFF STREET PARKING AND COMPLY WITH CITY OF ARCADIA PARKING REQUIREMENTS This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section 9269.5 off street parking requirements and 9269.6 parking location. In order to assure that the use at 600 -618 E. Live Oak Avenue as specifically described below meets City of Arcadia parking requirements. This Covenant and Agreement is also made with reference to a Lease Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant. FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SU MEI WANG (LEASEE) AND JIM LEK FAITHKAY, LLC (LEASER) Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers of that certain real property located at 600 -618 E. Live Oak Avenue, in the City of Arcadia, County of Los Angeles, State of California, legally described as follow: Tract No. 15233 Lots 3, 4, 5 and 6 All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land as follow: 1. In consideration of the City's grant of a Conditional Use Permit for the purpose of conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to provide adequate parking consistent with standards in the City Zoning Ordinances sections 9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant business use at 510 -512 E. Live Oak Avenue shall cease and terminate if, at any time, the current parking requirements of the City are not satisfied. This shall include any action pursuant to the Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or be terminated so as to result in inadequate parking pursuant to City Code requirements for the business at 510 -512 E. Live Oak Avenue. 2 2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantor. 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live Oak Avenue as specifically described above by allowing the use at the facility to meet City Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are not being complied with and the restaurant use at such premises shall not be a permitted use pending compliance with the parking requirements of the City of Arcadia. 5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite its signature. "COVENANTOR" Su Mei Wang Date "COVENANTOR" Jim Lek Faithkay, LLC Date "COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation City Manager Date APPROVED AS TO FORM: City Attorney Date z V) PTIZ J z 0 C/2 R'r raz 00 0C d• el" V, Cr, 00 VO 0\ C 00 Rimy 00 00 00 CO 01 00 00 ‘.o N 00 00 N 00 r-1 00 N 4 N wool N N 00 N Cf� 00 N N N r■+ N a\ t 00 r-v '.0 01 N ■•■4 0•■ N 0\ N 00 M 00 r aoo V N (V r*1 d' N c!' N N 00 00 N NCI a• d BS179Liab9Z9 313 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 Page 1 of 1 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. gerwi1(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 1. Name or description of project: PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 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 7W 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: October 8, 2009 Staff: Tim Schwehr, Assistant Planner October 27, TO: FROM: SUBJECT: SUMMARY 2009 GENERAL INFORMATION Arcadia Planning Commission Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SITE AREA: 8,999 sq. ft. (0.21 acres) FRONTAGES: 50 feet along East Live Oak Ave. 50 feet along rear alley STAFF REPORT Development Services Department Conditional Use Permit Application No. CUP 09 -17 for a 2,800 square foot martial arts studio with 1,400 square -feet of instruction area and 1,400 square -feet of retail at 52 East Live Oak Avenue. Mr. Peter Monsod submitted Conditional Use Permit Application No. CUP 09 -17 to operate a 2,800 square -foot martial arts studio with 1,400 square -feet of instruction area and 1,400 square -feet of retail at 52 E. Live Oak Avenue. Because the classes are limited in size and will operate only during weekday evenings and Saturdays, 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. APPLICANT: Mr. Peter Monsod, lessee LOCATION: 52 E. Live Oak Ave. between El Capitan Ave. Louise Ave. REQUEST: A Conditional Use Permit for a 2,800 square -foot martial arts studio with 1,400 square -feet of instruction area and 1,400 square -feet of retail at 52 E. Live Oak Avenue. Class sizes will be limited to 12 students; only one class will be held at a time; and classes will only be held from 5:30 p.m. to 9:30 p.m. on weekdays and 9:00 a.m. to 5 p.m. on Saturdays. The studio will be closed on Sundays. EXISTING LAND USE ZONING: The site is improved with a one -story, 4,000 square -foot retail building. The property was developed in 1960, and is zoned C -2, General Commercial. SURROUNDING LAND USES ZONING: N o rt h One -story dental office zoned C -O South: Single- family residences located outside city limits East: One -story adult day health care center— zoned C -2 West: One -story restaurant zoned C -2 GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit No. CUP 09 -17 were mailed on October 15, 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 improved with a 1 -story, 4,000 square -foot retail building with 2 units that are both currently vacant. The subject unit was previously occupied by a thrift store, and the other unit with a computer learning and gaming center. PROPOSAL AND ANALYSIS The proposal is to operate a martial arts studio with retail that would occupy the westerly 2,800 square -foot commercial unit at 52 E. Live Oak Avenue. 1,400 square feet will be used for martial arts and fitness instruction and 1,400 square -feet will be used for retail (see the attached plan). Group classes will consist of 5 -12 students of various ages, and will be held on weekday evenings from 5:30 p.m. to 9:30 p.m. and on Saturdays from 9:00 a.m. to 5:00 p.m. The retail portion of the business will have operating hours of 11:00 a.m. to 5:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on Saturdays. During the retail operating hours, individual one -on -one instruction may also occur at various times. Employees will consist of one instructor on weekdays and two on weekends. No additional staff beyond the instructors will be used for the retail portion of the business. According to the City of Arcadia Municipal Code, a martial arts studio is a permitted use in the C -2 zone with an approved conditional use permit. Parking There is an on -site surface parking area behind the building with 13 parking spaces that serves both units on this property. This parking area is connected to the parking CUP 09 -17 52 E. Live Oak Avenue October 27, 2009 Page 2 areas of the adjacent properties to the west (the parking lot directly east is fenced off from the subject property). In total, there are 74 parking spaces for these properties. The property immediately to the west is under separate ownership, while the other property is under the same ownership as the subject property. In practice, however, customers use all four of these parking lots in common. By code, a martial arts studio is required to provide one on -site parking space for every 100 square -feet of instructional floor area, and retail space requires fi ve on -site parking spaces for every 1,000 square -feet of gross floor area. The parking requirement calculation for the proposed martial arts studio and store is as follows: Parking Requirement for the Proposed Martial Arts Studio Criteria Floor Area Spaces Required Martial Arts (1 per 100 sq. ft.) 1,400 sq. ft. 14 Retail (5 per 1,000 sq. ft.) 1,400 sq. ft. 7 Total 21 If the adjacent 1,200 square -foot retail unit at 54 E. Live Oak Avenue that is currently vacant is to be allowed as retail, there is an additional requirement of 6 spaces (5 per 1;000 square -feet of gross floor area). This results in a total parking requirement of 27 spaces, which is an increase of 7 spaces from the previous uses at this location. With 13 spaces on -site, the proposal results in a parking deficiency of 14 spaces. Although there will be a parking deficiency by code, the rear parking lots behind the subject property and the adjacent properties to the west are underutilized, particularly during evening hours and on weekends, which is when the proposed martial arts classes will be held. During day -time hours, the proposal is limited to general retail and occasional one -on -one instruction, and therefore would not create an additional parking demand compared to general retail uses. The applicant has provided a sample parking study for a one -week period showing the number of available parking spaces in the rear parking areas that are under common ownership. Available parking spaces were counted at around 6:00 p.m. for each weekday, and at 9:10 a.m. and 11:00 a.m. on Saturday (see attached parking table). The results show that for this one -week period, no less than 30 spaces out of the 47 available were unoccupied during these times. The parking study did not include any of the parking spaces at the property that is under separate ownership. There are 27 parking spaces at this property. However, even without these spaces, the study indicates that there is ample available parking to the rear of these properties. Staff conducted its own observations at about the 5:00 p.m. hour and verified that at least half of the parking spaces at these properties are unoccupied at this time. The City of Arcadia Engineering Division has reviewed this application and does not believe there will be any circulation problems. 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 CUP 09 -17 52 E. Live Oak Avenue October 27, 2009 Page 3 satisfaction of the Building Official, City Engineer, 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, and if it is determined that no significant physical alterations to the subject property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section 15303(c) of the CEQA 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. 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 staffs opinion that the proposed martial arts studio can satisfy each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 09 -17, subject to the following conditions: 1. There shall not be more than one class at a time and not more than twelve (12) students in the class. CUP 09 -17 52 E. Live Oak Avenue October 27, 2009 Page 4 2. The hours of operation for martial arts classes shall be limited to 5:30 p.m. to 9:30 p.m. on weekdays, and 9:00 a.m. to 5:00 p.m. on Saturdays. No classes shall occur on Sundays. 3. The instruction area shall be limited to 1,400 square -feet. 4. The use approved by CUP 09 -17 is limited to the proposed martial arts studio which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -17. 5. The approval of CUP 09 -17 includes a 14 -space parking modification which is applicable only to the martial arts studio approved by CUP 09 -17. 6. The applicant shall provide for an approved City street tree to be planted in the Live Oak Avenue right -of -way. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -17 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the martial arts studio. 8. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design, and the applicable City's Standard Conditions of Approval (see attachment) shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 9. 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. 10. Approval of CUP 09 -17 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. CUP 09 -17 52 E. Live Oak Avenue October 27, 2009 Page 5 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 -17 and to adopt Resolution No. 1808, which states the supporting findings, the environmental determination, and incorporates the Commission's decision, any specific determinations and findings, and the conditions of approval. RESOLUTION NO. 1808 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 09 -17 to operate a martial arts studio with a maximum of twelve (12) students in a class in a 2,800 square -foot commercial unit at 52 E. Live Oak Avenue. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 09 -17; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution which incorporates the Commission's decision and specific findings that is to be presented 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 October 27, 2009 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email to tschwehr @ci.arcadia.ca. us. Approved b Jim K ;f a Co unity Development Administrator Attachments: Aerial Photo Vicinity Map with zoning information 300 -foot radius map Operation Plan Parking Study Floor Plan Photos City's Standard Conditions of Approval Preliminary Exemption Assessment Resolution No. 1808 (for approval) CUP 09 -17 52 E. Live Oak Avenue October 27, 2009 Page 6 Development Services Department Engineering Division Prepared by. R.S.Gonzalez, October 2009 Development Services Department Engineering Division Prepared by.: R.S. Gonzalez, October 2009 LIVE OAK A 52 E Live Oak Avenue CUP 09 -17 Date Day Time Parking spaces available 10/12/2009 Monday 5:55pm 31 10/13/2009 Tuesday 6:OOpm 30 10/14/2009 Wednesday 6:10pm 40 10/15/2009 Thursday 6:OOpm 30 10/16/2009 Friday 6:15pm 46 10/17/2009 Saturday 9:10am 11:OOa m 43 38 Day Time Purpose Employee /Instructors Student Capacity Monday- Friday 11:OOam- 5:OOpm Retail 1 n/a 5:30pm- 6:30pm Instruction- Kids Class 1 12 6:30pm- 7:30pm Instruction- Kickboxing 1 12 7:30pm- 8:30pm Instruction- Fitness 1 12 8:30pm- 9:30pm Instruction- Kickboxing 1 12 Saturday 9:OOam- 5:OOpm Retail 2 n/a 9:OOam- 10:OOam Instruction- Fitness 2 12 10:OOam- 11:OOam Instruction- Kickboxing 2 12 11:OOam- 12:OOpm Instruction- Kickboxing 2 12 12:OOpm- 1:OOpm Lunch break 1:OOpm- 2:OOpm Instruction- Kickboxing 2 12 2:OOpm- 5:OOpm Sparring 2 12 #52 E. Live Oak Ave., Arcadia, CA 91006 Hours of Operation 52 E. 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U O .s U 4 vi b r 06 O, t7 2 §4 I) 5\% »88f 7 7/� g P J m o I §7 (E� P o e a a ti. f/ k \k/ 5 f k k j 8 a .1...' 8 a 0 -0 1 2g 22 8g/ .-0g0 7© )e t k ƒ 11 j /t o 2 ]e I G 0 4 2 \5 /g° f a. 6 0 «E 7 #f- 2 k 0 6 !i !Ls--16 .0 .44 ...2 if kkj] )a\ 2 7 2 u. E 4 d� \/k _ie k k\ o w .0 g d u oe ae kd 7�ƒ# z \e d -4: b S 2 g d 1. Name or description of project: PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Conditional Use Permit Application No. CUP 09 -17 for a 2,400 square -foot martial arts studio 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): 52 E. Live Oak Avenue (between Louise Avenue and El Capitan Avenue) 3. Entity or person undertaking project: A. City of Arcadia B. Other (Private) (1) Name: Peter Monsod 4. Staff Determination: (2) Address: 5945 Cloverly Ave., I (3) Phone: (626) 274 -1139 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: Temple City, CA 91780 h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: October 8, 2009 Staff: Tim Schwehr, Assistant Planner RESOLUTION NO. 1808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09 -17 TO OPERATE A MARTIAL ARTS STUDIO WITH A MAXIMUM OF TWELVE (12) STUDENTS IN A CLASS IN A 2,800 SQUARE -FOOT COMMERCIAL UNIT AT 52 E. LIVE OAK AVENUE. WHEREAS, on September 2, 2009, an application was filed by Peter Monsod for a martial arts studio with a maximum of 12 students per class in a 2,800 square -foot commercial unit; Development Services Department Case No. CUP 09 -17, at 52 E. Live Oak Avenue; WHEREAS, a public hearing was held by the Planning Commission on October 27, 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 October 27, 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 because the proposed martial arts studio will not conflict with the other businesses and uses in the area. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized by Section 9275.1.35.1 of the Arcadia Municipal Code. 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, including the parking that is shared amongst the subject property and the adjacent properties to the west. 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. The subject property is accessible from either Live Oak Avenue or an alley, both of which are adequate in width and pavement type for the commercial traffic that is and will be generated by the businesses in the area, including the martial arts studio that is approved by Conditional Use Permit No. CUP 09 -17. 5. That the granting of Conditional Use Permit No. CUP 09 -17 will not adversely affect the comprehensive General Plan because a martial arts studio is consistent with the General Plan Land Use Designation for the subject area. 6. That the expansion of the bakery qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of a small commercial structure under 10,000 square feet in floor area per Section 15303(c) of the CEQA Guidelines. Furthermore, the use applied for will not have a substantial adverse impact on the environment, and 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 wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -17, for a martial arts studio with a maximum of 12 students per class in a 2,800 square -foot commercial unit at 52 E. Live Oak Avenue, subject to the following conditions: 1. There shall not be more than one class at a time and not more than twelve (12) students in the class. 2. The hours of operation for martial arts classes shall be limited to 5:30 p.m. to 9:30 p.m. on weekdays, and 9:00 a.m. to 5:00 p.m. on Saturdays. No classes shall occur on Sundays. 2 1808 3. The instruction area shall be limited to 1,400 square -feet. 4. The use approved by CUP 09 -17 is limited to the proposed martial arts studio which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -17. 5. The approval of CUP 09 -17 includes a fourteen space parking modification which is applicable only to the martial arts studio approved by CUP 09 -17. 6. The applicant shall provide for an approved City street tree to be planted in the Live Oak Avenue right -of -way. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 09- 17 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the martial arts studio. 8. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design, and the applicable City's Standard Conditions of Approval (see attachment) shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 9. 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 3 1808 option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 10. Approval of CUP 09 -17 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 27th day of October, 2009. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission 4 1808 October 27, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner STAFF REPORT Development Services Department SUBJECT: Conditional Use Permit Application No. CUP 09 -18 for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast from 6:30 a.m. to 11:00 a.m., seven days a week. SUMMARY Conditional Use Permit No. CUP 09 -18 was submitted for an existing 2,634 square -foot bakery (dba JJ Bakery) to provide 20 seats and serve breakfast at 1130 S. Baldwin Avenue, Suite A3. The hours of the breakfast service will be from 6:30 a.m. to 11:00 a.m., seven days a week. It is staff's opinion that the proposed use meets the prerequisite findings for the approval of a Conditional Use Permit. Therefore, the Development Services Department is recommending approval of this application, subject to the conditions in the staff report, and adoption of Resolution No. 1807. GENERAL INFORMATION APPLICANT: LOCATION: REQUEST: SITE AREA: FRONTAGES: Daphne Shen of Pacific Design Group (Project Manager representing lessee, JJ Bakery) 1130 S. Baldwin Avenue, Suite A3 A Conditional Use Permit for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast from 6:30 a.m. to 11:00 a.m., seven days a week. 79,960 square feet (1.84 acre) 50 feet along Duarte Road 258 feet along Baldwin Avenue EXISTING LAND USE ZONING: The subject site is improved with a 24,100 square -foot retail center constructed in 1999 and is zoned C -2, General Commercial. GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES ZONING: North: Wells Fargo Bank and Din Tai Fung Restaurant, zoned C -2 South: Chevron Gas Station, zoned C -2 East: Arcadia Supermarket Commercial Center, zoned C -2 West: Commercial Retail Center /HSBC Bank, zoned C -2 PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit No. CUP 09 -18 were mailed on October 16, 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 The subject unit is an existing 2,634 square -foot bakery (dba JJ Bakery) within a 24,200 square -foot commercial center. The bakery's current hours of operation are 7:30 a.m. to 8:00 p.m. on weekdays, and 8:00 a.m. to 7:00 p.m. on Saturdays and Sundays. The other tenants in the subject commercial center consist of a bank, two restaurants, three retail uses including one with an incidental dining area, and general office uses. Conditional Use Permit No. CUP 99 -12 (Reso. No. 1594) which includes a parking modification for 136 on -site parking spaces in lieu of 148 spaces required, was approved by the Planning Commission on July 13, 1999 for the 5,200 square -feet of restaurant uses and the incidental dining area of a retail unit. PROPOSAL AND ANALYSIS The applicant is proposing to serve breakfast at the existing 2,634 square -foot bakery. A maximum of 20 seats will be provided in the existing waiting area, as shown on the attached floor plan. The proposed breakfast hours will be 6:30 a.m. to 11:00 a.m., seven days a week. The operating hours for the bakery will be 6:30 a.m. to 8:00 p.m. on weekdays, and 6:30 a.m. to 7:00 p.m. on Saturdays and Sundays. Parking A parking modification was granted by CUP 99 -12 for 136 on -site parking spaces in lieu of 148 spaces required by Code for the existing uses in the subject commercial center. This is a parking deficiency of 12 spaces. This calculation was based on 5,200 square feet of restaurant use, 14,400 square -feet of retail, and 4,500 square feet of general offices. Since then, the on -site parking lot has been restriped to provide 139 spaces: CUP 09 -18 1130 S. Baldwin Avenue, Unit A3 October 27, 2009 page 2 Parking Requirements for Baldwin Plaza Use Size in Square Feet Required Parking Ratio Parking Required United Commercial Bank 2,614 4 spaces /1,000 sq.ft. 10.5 Sing Young Music World 1,341 5 spaces /1,000 sq.ft. 6.7 D Color Jewelry Watch 1,245 5 spaces /1,000 sq.ft. 6.2 Charles Schwab 2,541 4 spaces /1,000 sq.ft. 10.2 Phoenix Food Boutique 1,283 10 spaces /1,000 sq.ft. 12.8 Din Tai Fung Dumpling 2,566 10 spaces /1,000 sq.ft. 25.7 Life Plaza Bookstore 4,196 5 spaces /1,000 sq.ft. 21.0 Incidental Dining Area at Life Plaza Bookstore 1,397 10 spaces /1,000 sq.ft. 14.0 General Offices 4,367 4 spaces /1,000 sq.ft. 17.5 JJ Bakery with proposed Seating breakfast service 2,634 15 spaces /1,000 sq.ft. 39.5 Totals 24,184 164 110 standard stalls, 24 compact stalls, and 5 handicap stalls, which reduced the parking deficiency to 9 spaces. By Code, this proposal qualifies as a 2,634 square -foot restaurant use that requires a total of 39.5 on -site parking spaces based on the ratio of 15 spaces per 1,000 square feet of gross floor area. The following table illustrates the parking requirements for the various uses at the subject commercial center: Based on the current uses at the subject site, the proposed seating and breakfast service at the existing bakery increases the parking requirement to a total of 164 spaces. With 139 existing on -site parking spaces, this increases the parking deficiency to 25 spaces. Staff and the applicant are aware that there is a parking problem at this center. The applicant provided information that shows there is available parking at this center before the noon hour (see the attached Parking Lot Photos). Staffs opinion, based on repeated observations, is that the parking problem at this center begins to occur at about 11:00 a.m., which is when the very popular Din Tai Fung Dumpling House Restaurant opens. The parking problem diminishes slightly in the mid afternoon, and intensifies again as dinnertime approaches. Despite the increased parking deficiency, staff agrees with the applicant that this proposal will not increase the parking problem at this center. This proposal is limited to providing seating for breakfast service from 6:30 a.m. to 11:00 a.m., seven days a week, which will only slightly overlap with the hours of the Din Tai Fung Dumpling House Restaurant, which opens at 11:00 a.m. on weekdays, and at 10:30 a.m. on CUP 09 -18 1130 S. Baldwin Avenue, Unit A3 October 27, 2009 page 3 weekends. It is staff's opinion that this proposal, if approved with the conditions recommended in this report, will not have an adverse impact on the neighboring businesses or surrounding properties. Therefore, staff is recommending a conditional approval of the subject application. 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, City Engineer, Community Development Administrator, Fire Marshall, and Public Works Services Director, including an Industrial Waste Discharge Permit. In addition, the Los Angeles County Health Department must approve the tenant improvement plans before building permits will be issued. CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, then this project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption per Section 15301 of the CEQA Guidelines as a minor alteration of an existing facility. 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 staffs opinion that the proposed seating and breakfast service at the existing bakery can satisfy each prerequisite condition. CUP 09 -18 1130 S. Baldwin Avenue, Unit A3 October 27, 2009 page 4 RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 09 -18, subject to the following conditions: 1. The breakfast hours of the bakery shall be limited to 6:30 a.m. to 11:00 a.m., seven (7) days a week. All tables and chairs shall be removed beyond these hours. 2. The seating area for the bakery shall not exceed the lesser of 20 seats or the maximum occupancy Toad as determined by the Building Official and Fire Marshal. 3. The approval of CUP 09 -18 includes a 25 -space parking modification which is applicable only to the bakery and the other types of uses existing at this center at the time of approval of CUP 09 -18. 4. The bakery shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 09 -18, subject to the satisfaction of the Community Development Administrator. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09- 18 shall be grounds for immediate suspension or revocation of any approvals, which could result in the removal of the seating. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, health codes and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, City Engineer, 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 -18 shall not take effect until the property owner(s) and applicant have executed and filed the Acceptance Form available from the CUP 09 -18 1130 S. Baldwin Avenue, Unit A3 October 27, 2009 page 5 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 proposal, the Commission should move to approve Conditional Use Permit No. CUP 09 -18 and to adopt Resolution No. 1807, which states the supporting findings, the environmental determination, and incorporates the Commission's decision, any specific determinations and findings, and the conditions of approval. RESOLUTION NO. 1807 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 09 -18 for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast from 6:30 a.m. to 11:00 a.m., seven days a week, at 1130 S. Baldwin Avenue, Unit A3. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 09 -18; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution which incorporates the Commission's decision and specific findings that is to be presented 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 October 27, 2009 public hearing, please contact Associate Planner, Thomas Li at (626) 574 -5447, or at tlie,ci.arcadia.ca.us. Approved by: Ji sama ommunity Development Administrator Attachments: Vicinity Map Aerial Photo 300 -foot Radius Map Resolution No. 1594 for CUP 99 -12 Site Floor Plans Parking Lot Photos Preliminary Exemption Assessment Resolution No. 1807 (for approval) CUP 09 -18 1130 S. Baldwin Avenue, Unit A3 October 27, 2009 page 6 100 )IA AVE (1113) TE RD (1031) (1029 -1/2) 1029 C -2 (1035-1045) N 0 Development Services Department Engineering Division Prepared by.: R.S Gonzalez, October 2009 100 Feet 9M1 ARCADIA AVE D VARTE RD (662) (666) (660) (650) (638) 1130 S Baldwin Avenue CUP 09.18 1 1 90 069 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, October2009 1130 S Baldwin Avenue CUP 09 -18 SHEET 6 WM NerIV E 300' radius map 1130 S Baldwin Ave 5778 007 007,016 95538 August 27 2009 (Ownership Map 4rsor•• 5 N/b SUSAN W. CASE, INC. 917 GLENNEYRE ST #7 LAGUNA BEACH CA 92651 1g491 4c14- R1 n RESOLUTION 1594 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA; GRANTING CONDITIONAL USE PERMIT NO. 99-012 TO OPERATE TWO RESTAURANTS WITH A COMBINED GROSS FLOOR AREA NOT EXCEEDING 5,200 SQ.FT., AND A 1,200 SQ.FT. RETAIL USE WITH INCIDENTAL FOOD SERVICE NOT EXCEEDING 30% OF THE GROSS FLOOR AREA AT 1104 -1110 SOUTH BALDWIN AVENUE. WHEREAS, on June 7, 1999, a conditional use permit application was filed by David Hung on behalf of Soo Properties, LLC. to operate two restaurants with a combined gross floor area not exceeding 5,200 sq.ft., and a 1,200 sq.ft. retail use with incidental food service not exceeding 30% of the gross floor area, Development Services Department Case No. C.U.P. 99 -012, at 1104 1110 South Baldwin Avenue, more particularly described as follows: Lot 39 and a portion of Lot 40 of Tract No. 3430, in the City of Arcadia, County of Los Angeles, State of Califomia, as per the Map recorded in Book 42, Page 32 in the Office of the County Recorder of said County. WHEREAS, A public hearing was held on July 13, 1999, at which time all interested persons were given full opportunity to be heard and to present evidence; NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data 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. 2. That the use applied for at the location indicated is a proper use for which a conditional use permit is authorized as established in the zoning ordinance. 1 1594 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, ,fences, parking, loading, landscaping and other features are adequate 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 subject property is designated for commercial use in the General Plan, that the proposed use is consistent with that designation, and that the granting of such conditional use permit will not adversely affect the comprehensive General Plan. 6. Subject to the conditions set forth in this Resolution, the use applied for will not have a substantial adverse impact on the environment. SECTION 3. That for the foregoing reasons this Commission grants Condition Use Permit 99 -012 to operate two restaurants and a retail use with incidental food service within anew general commercial shopping center at 1104 --1110 South Baldwin Avenue, subject to the following conditions: 1. That all applicable code requirements regarding building occupancy, exiting, fire protection, disabled access, safety features, etc., shall be complied with to the satisfaction of Building Services and the Fire Department which shall include, but not limited to the following items: a. Install a Knox Box with keys in conformance with the Uniform Fire Code. b.. Install a NFPA 72 Fully Automatic Addressable Fire Alarm System. c. The Fire Alarm System shall be connected to the building fire alarm system. d. All tenant improvement work to the auto fire sprinkler system shall be done by a licensed C -16 fire Protection contractor. All plans shall be submitted to the Arcadia Fire Department and approved before any work can be commenced. All sprinkler heads shall be of the quick response type. 2 1594 e. Any kitchen hood fire extinguisher system shall be installed by a licensed fire protection contractor and shall have plans and permits before any work can be commenced. 2. That a maximum of two restaurants with a combined gross floor area not exceeding 5,200 sq:ft., and a 1,200 sq.ft. retail use with incidental food service not exceeding 30% of the gross floor area shall be permitted within the commercial shopping center at 1104 -1110 South Baldwin Avenue. 3. That the seating within each restaurant and the incidental food service area shall not exceed the maximum allowed per the Uniform Building Code. 4. That an on -site parking modification be granted to permit 136 parking spaces in lieu of 148 spaces required by Code. This parking modification does not constitute an approval of a general reduction of the parking requirement for the entire shopping center, but only for the specific use approved by C.U.P. 99- 012. 5. C.U.P. 99 -012 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form that is available from the Development Services Department.to indicate awareness and acceptance of the conditions of approval. 6. Noncompliance with the provisions and conditions of this conditional use permit shall constitute grounds for the immediate suspension or revocation of said permit. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Planning Commission's action of July 13, 1999, and the following vote: AYES: Commissioners Bruckner, Huang, Murphy, Sleeter, NOES: None ABSENT: Commissioner Kalemkiarian 3 1594 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. I HEREBY CERTIFY that the forgoing Resolution No. 1594 was adopted at a regular meeting of the Planning Commission held on July 27, 1999 by the following vote: AYES: Commissioners Luang, Kalemkiarian, Murphy, Sleeter, Bruckner NOES: None ABSTAIN: None ATTE g Commission ecretary, Plann City of Arcadia APPROVED AS TO FORM: 71' /1 Vr Michael H. Miller, City Attorney City of Arcadia 4 Chairm. fanning Commission CityofA -dia 1594 MI Z ri q Al m h \.x \2X ..oJ[CT...Y. \C.t o.w mu.. in MM ieAk.. i..O (ii \ro.\. CT1' LIANCA \O nou..1 1 MI i I y �xI0000000 000L U l �U0IJ 0 00U 1UUU= 0 0000000J000nO Y t EN ft li 1 Z �I alp pill an 1111 Dal z i g k n r m z 0 J.J. BAKERY BALDWIN SHOPPING PLAZA cot mo►uL ME PERT �/Tt� I HIM YCAOYL CU.~ NOM Or._r TITLE s�eT ..�...__..�..A.._..._._ z 0 iR m v n Q CCI 5 r C imm 1:t to as CO -0 z G) 1 N W.V.. PK.= \axue\.w\ nw -mura me IS IS* x0004-Wit l*AN:VM x." 01uIM1 pm@ ?AI FuNe- GttrlPI.146( HAUSE J J BAKERY 1 rE iii§ fill pi1 'I i 1 1 1 i a 1 J.J. BAKERY BALDWIN SHOPPING PLAZA commOMAL UBE PERIRT u /r te WY Usk SITE PLAN PARKING COUNT SUMMARY wM WAIL .N WM ..10 1.•1111•.,. NMI ...a....CM..•∎•••• MOM MNI.NO. WOW rr,,_ _+w.0 raw rr•• ••tfl am. a1••..rS Ora o Nom Now •••r•II r an r••• .w r. mum r Mgr I. w NOM rr SOlOHd ills !EE 1 E 1IE me wow= vim JMMfld MI 11 MOIEIMIO3 land ONIddONS NI *aive MOM fl N 4 1 1MV110ma- clioWn mmo wiWO Na va -oaox a.m.. ►C wow MPLitiI! en, \prrveNsanmid �OOt�Wl�:l PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination when attached to Notice of Exemption) 1. Name or description of project: CUP 09 -18 2. Location: 1130 S. Baldwin Avenue, Suite A3 3. Entity or person undertaking project: A. X B. Other (Private) (1) Name: Daphne Shen (Project Manager) 4. Staff Determination: Date: Sept 24, 2009 (2) Address: 18071 Irvine Blvd. Tustin, CA 92780 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. X The project is categorically exempt. Applicable Exemption Class: 01 f. The project is statutorily exempt. Applicable Exemption: 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 Thomas P. Li Staff 7/02 RESOLUTION NO. 1807 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09 -18 FOR AN EXISTING 2,634 SQUARE -FOOT BAKERY TO PROVIDE 20 SEATS AND SERVE BREAKFAST FROM 6:30 A.M. TO 11:00 A.M., SEVEN DAYS A WEEK, AT 1130 S. BALDWIN AVENUE, UNIT A3. WHEREAS, on September 15, 2009, a Conditional Use Permit application was filed by Daphne Shen of Pacific Design Group for an existing 2,634 square -foot bakery (dba: JJ Bakery) to provide 20 seats and serve breakfast from 6:30 a.m. to 11:00 a.m., seven days a week.; Development Services Department Case No. CUP 09 -18, at property commonly known as 1130 S. Baldwin Avenue, Unit A3; and WHEREAS, a public hearing was held by the Planning Commission on October 27, 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 October 27, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09 -18 will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity because the proposed expansion of the bakery will not conflict with the other uses at the subject commercial center or those in the general neighborhood, and will be implemented in compliance with all applicable building, safety and health codes. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized by Section 9275.1.45.1 of the Arcadia Municipal Code. 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. The proposed expansion of the bakery is limited to breakfast service and will not conflict with the other uses at the same center or 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. The subject commercial center is accessible from Baldwin Avenue and Duarte Road, both of which are capable of carrying the type of commercial traffic that the bakery expansion could generate. 5. That the granting of Conditional Use Permit No. CUP 09 -18 will not adversely affect the comprehensive General Plan because the bakery expansion is consistent with the General Plan Land Use Designation for this area. 6. That the expansion of the bakery qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) as a minor alteration of an existing facility per Section 15301 of the CEQA Guidelines. Furthermore, the use applied for will not have a substantial adverse impact on the environment, and 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 wildlife depends. 2 1807 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -18 for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast, subject to the following conditions: 1. The breakfast hours of the bakery shall be limited to 6:30 a.m. to 11:00 a.m., seven (7) days a week. All tables and chairs shall be removed beyond these hours. 2. The seating area for the bakery shall not exceed the lesser of 20 seats or the maximum occupancy load as determined by the Building Official and Fire Marshal. 3. The approval of CUP 09 -18 includes a 25 -space parking modification which is applicable only to the bakery and the other types of uses existing at this center at the time of approval of CUP 09 -18. 4. The bakery shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 09 -18, subject to the satisfaction of the Community Development Administrator. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -18 shall be grounds for immediate suspension or revocation of any approvals, which could result in the removal of the seating. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, health codes and site design shall be complied with to the satisfaction of the Building Official, City Engineer, 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, 3 1807 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 -18 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 27 day of October, 2009. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission 4 1807 The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 13, 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, Baerg, Beranek, Hsu, and Parrille ABSENT: None MOTION: It was moved by Commissioner Hsu and seconded by Commissioner Baderian to read the Resolutions by title only and waive reading the full body of the Resolutions. Without objection the motion was approved. OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama said that additional information on Items 2 and 4 was distributed to the Commissioners. 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 MINUTES ARCADIA PLANNING COMMISSION Tuesday, October 13, 2009, 7:00 P.M. Arcadia City Council Chambers 1. RESIDENTIAL MOUNTAINOUS PERMIT NO. RM 09 -01 AND MODIFICATION NO. MC 09 -23 310 Whispering Pines Drive Bluth Development (Property Owners' Representative) The applicant is requesting the following Modifications and an R -M Zone Development Permit for a proposed new cut and -fill driveway, motor court, swimming pool, a fence, and a driveway gate: 1. A 15.3% driveway slope in lieu of the maximum 10% allowed; 2. A fence height of 5' -0" to 8'-4" in lieu of the maximum 4' -0" allowed; 3. A fence with zero (0) to 2' -11" setback from the front property line in lieu of the minimum 3' -0" required; and 4. A 10' -0" high driveway gate in lieu of the maximum 5' -O" allowed. Community Development Administrator Jim Kasama, presented the staff report. Commissioner Hsu asked why the maximum slope for a driveway is 10 Mr. Kasama explained that a 10% slope is readily negotiable for cars and that a very steep driveway would present a large concrete surface visible from the street. Chairman Parrille asked if the increased slope would present a problem for fire trucks. Mr. Kasama said that it would not. Commissioner Beranek said that according to the staff report, the Modification Committee recommended that the Architectural Review Committee apply for a Text Amendment allowing higher fences and he asked what the outcome of this was. Mr. Kasama explained that the Architectural Review Committee had not followed up on this issue. Commissioner Hsu asked if erosion control would be addressed with this project and Mr. Kasama said that it would. The public hearing was opened. Chairman Parrille asked if anyone wanted to speak in favor of the project. Mr. Patrick Bluth of Bluth Development said that the proposed driveway was part of the original permit that was approved in 1992, but it was not included in the so the applicant is reapplying. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. 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 Beranek to approve Residential- Mountainous Development Permit No. RM 09 -01, Modification No. MC 09 -23, and to adopt Resolution No. 1806: A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Residential- Mountainous Development Permit No. RM 09 -01 for a new hillside cut -and- fill driveway, motor court, and swimming pool at 310 Whispering Pines Drive. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None PC MINUTES 10-13 -09 Page 2 2. MODIFICATION NO. MP 09 -04, OAK TREE ENCROACHMENT PERMIT NO. TR 09 -13 AND SINGLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 09-47 2 West Pamela Road Sanyao International, Inc. (Designer) The applicant is requesting the following permits for a new, two -story, 4,124 square -foot, "Tuscan" style residence: 1. Modification for an 80' -0" street side yard setback as measured to the centerline of Santa Anita Avenue in lieu of the minimum 100' -0" special setback; 2. Oak Tree Encroachment Permit for the encroachment into the dripline of one (1) oak tree; and 3. Single Family Architectural Design Review. Community Development Administrator Kasama presented the staff report. The public hearing was opened. Chairman Parrille asked if anyone wanted to speak in support of the project. Mr. Robert Tong, Sanyao Int'I, represented the applicant. He said the applicant will comply with all conditions and he offered to answer the Commissioners' questions. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. 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 Beranek, seconded by Commissioner Hsu to approve Modification No. MP 09 -04, Oak Tree Encroachment Permit No. TR 09 -13 and Single Family Architectural Design Review No. SFADR 09 -47 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None 3. MODIFICATION NO. MP 09-05 AND OAK TREE ENCROACHMENT PERMIT NO. TR 09 -18 1235 Rodeo Road Mr. Jack Lynch The applicant is requesting the following permits: PC MINUTES 10 -13-09 Page 3 Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: MOTION: 1. A 67' -0" front yard setback in lieu of the 97' -6" average of the two adjacent properties; and 2. An Oak Tree Encroachment Permit to encroach upon 15 oak trees. Assistant Planner Tim Schwehr presented the staff report. The public hearing was opened. Chairman Parrille asked if anyone wanted to speak in favor of the project. Mr. Jack Lynch, the owner of the property, presented a letter from the neighbor to the south of the site approving of the proposed setback. He also explained that the setback was necessary to protect several mature oak trees in the rear yard. Mr. Lynch showed the Commissioners a rendering of the project and offered to answer questions. Commissioner Beranek asked Mr. Lynch if he had read the conditions of approval and would comply with them, and Mr. Lynch said that he would. It was moved by Commissioner Hsu, seconded by Commissioner Beranek to close the public hearing. Without objection the motion was approved. It was moved by Commissioner Hsu, seconded by Commissioner Beranek to approve Modification No. MP 09 -05 and Oak Tree Encroachment Permit No. THE 09 -18 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None 4. CONDITIONAL USE PERMIT NO. CUP 09 -11 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 09 -09 5150 Fama Avenue Kare Youth League (Property Owner) The applicant is requesting a Conditional Use Permit and Architectural Design Review for a 22,090 square -foot gymnasium, a below -grade 750 square -foot locker facility addition, and a revised parking layout at an existing K -12 private school and youth program facility. Community Development Administrator Kasama presented the staff report. The public hearing was opened. PC MINUTES 10-13 -09 Page 4 Chairman Parrille asked if anyone wanted to speak in favor of the project. Mr. Dan Baumgartner, a neighbor of the subject site, said that he is in favor of the project. He said that he has been a neighbor of the facility for seven years and that both KARE Youth League and Rio Hondo Prep take good care of the parking situation and even provide a parking attendant. Mr. John Martin, Executive Director of KARE, said that he has had a long association with KARE. He briefly reviewed the history of the site and the proposed improvements. Mr. Craig Jameson, Parallax Associates, introduced himself as the architect on the project. He provided a general overview of the project and said the applicant wants to replace the temporary gym /pavilion with new facilities. He pointed out that the plans conform to the their master plan and will meet all the criteria of the City's design guidelines. Mr. Jameson asked the Commissioners to approve the project. Mr. Steve French, said that the current building is old, small, and outdated, and that a new building is needed for the fantastic programs at Rio Hondo Prep and for all the participants in the KARE program. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: MOTION: Commissioner Beranek asked if staff had received any response to the notices sent to the community on this project. Mr. Kasama said there had not been any response from the community. It was moved by Commissioner Baderian, seconded by Commissioner Beranek to close the public hearing. Without objection the motion was approved. Commissioner Beranek asked Mr. Martin if he had reviewed all the conditions of approval and if KARE was willing to comply with them. Mr. Martin said yes. It was moved by Commissioner Baderian, seconded by Commissioner Beranek to approve Conditional Use Permit No. CUP 09 -11 and Architectural Design Review No. ADR 09 -09 subject to the conditions in the staff report and to adopt Resolution No. 1805: A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Conditional Use Permit No. CUP 09 -11 and Architectural Design Review Application No. ADR 09-09 for a new 22,090 square -foot athletics building and a 750 square -foot locker facility addition at an existing youth facility located at 5150 Farna Avenue. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None PC MINUTES 10-13 -09 Page 5 CONSENT ITEMS 5. MINUTES OF SEPTEMBER 22, 2009 MOTION: ATTEST: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to approve the minutes of September 22, 2009 as presented. Without objection the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Commissioner Baerg said the very large copies of plans are sometimes unwieldy and he asked if plans can be provided in electronic form. Mr. Kasama suggested that the plans might be printed in a smaller size. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parri Ile said that there was no Modification Committee meeting today. MATTERS FROM STAFF Mr. Kasama said that there are three Conditional Use Permits on the upcoming agenda including a continuance of the Cafe Fusion application, an expansion of Kid's Island and a martial arts studio on Live Oak Avenue. Mr. Kasama also said there is a church operating out of a warehouse on St. Joseph Street which is an inappropriate use of the building. However, there is an issue regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the fact that the City allows assembly uses with a Conditional Use Permit in any zone. This needs to be resolved with a Text Amendment and will be on the agenda in November. Commissioner Baderian said that the City Attorney should be present when the RLUIPA issue is reviewed. ADJOURNED 7:50 p.m. Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 10 -13-09 Page 6