HomeMy WebLinkAbout1-11-11PLEDGE OF ALLEGIANCE
ROLL CALL
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.
PUBLIC HEARINGS
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.
PLANNING COMMISSION ITEMS
1. CONDITIONAL USE PERMIT NO. CUP 10 -13
333 E. Huntington Drive
JWL Associates
The applicant is requesting a Conditional Use Permit to allow a new 822 square -foot covered patio
addition to an existing 5,171 square -foot restaurant (dba: Capital Seafood). The covered patio will
provide seating for an additional 32 patrons. Four (4) existing parking spaces will be eliminated by the
new addition and the project is subject to a Parking Modification.
RECOM MENDATION: Conditional Approval
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the
next Commission meeting. There will be a five working day appeal period after the adoption of the
Resolution.
CONSENT ITEM
2. RESOLUTION NO. 1826
A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use
Permit No. CUP 10-15 for a 600 square -foot tea house with seating for a maximum of 12 persons at
1147 W. Huntington Drive.
RCOMMENDATION: Adopt
ARCADIA PLANNING COMMISSION
AGENDA
Tuesday, January 11, 2011, 7:00 P.M.
Arcadia City Council Chambers
Any writings or documents provided to a majority of Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia,
CA 91007, (626) 574 -5423.
PC AGENDA
1 -11 -11
3. MINUTES OF DECEMBER 28, 2010
RECOMMENDATION: Approve
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 Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia,
CA 91007, (626) 574-5423.
PC AGENDA
1 -11 -11
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 Planning Services Department 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 Hearino Procedure
1. The public hearing item is introduced by the Chairman of the Planning Commission.
2. The staff report is presented by staff.
3. Commissioners' questions relating to the staff report may be asked and answered at this time.
4. The Public Hearing is opened by the Chairman and the applicant is afforded the first 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 Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia,
CA 91007, (626) 574-5423.
PC AGENDA
1 -11 -11
January 11, 2011
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Conditional Use Permit No. CUP 10 -13 to allow a new 822 square -foot
covered patio addition to an existing 5,171 square -foot restaurant at 333 E.
Huntington Drive (dba: Capital Seafood).
SUMMARY
The subject application was filed by C.C. Chang, Representative from JWL Associates
on behalf of the property owner, Mr. Ronnie Lam to allow a new 822 square -foot
covered patio addition to an existing 5,171 square -foot restaurant (dba: Capital
Seafood). The covered patio will provide seating for an additional 32 patrons. Four
existing parking spaces will be eliminated by the new addition, which is subject to a
parking modification. The Development Services Department is recommending
approval of this application, subject to the conditions listed in this staff report.
GENERAL INFORMATION
APPLICANT:
LOCATION:
REQUEST:
SITE AREA:
FRONTAGE:
STAFF REPORT
Development Services Department
JWL Associates on behalf of the property owner, Mr. Ronnie Lam
333 E. Huntington Drive
A Conditional Use Permit to allow a new 822 square -foot covered patio
addition to an existing 5,171 square -foot restaurant.
The subject business occupies a 5,171 square -foot, free standing
restaurant in the 165,964 square -foot (3.81 acres) shopping center at
the south -west corner of Huntington Drive and Gateway Drive.
The subject building has a frontage of 48 feet on the overall 581 foot
shopping center frontage along Huntington Drive.
EXISTING LAND USE ZONING:
The site is developed with a 3 -story, 62,700 square -foot commercial
office and retail building and two freestanding restaurants totaling
11,700 square -feet constructed in 1990, and is zoned CPD -1,
Commercial Planned Development.
SURROUNDING LAND USES ZONING:
N o rt h Santa Anita Wash unzoned
South: Commercial Office building zoned CPD -1
East: Santa Anita Wash unzoned
West: Hotel and Restaurant zoned CPD -1
GENERAL PLAN DESIGNATION:
Commercial (0.5 FAR)
PUBLIC HEARING NOTIFICATION
Public hearing notices of CUP 10 -13 were mailed on December 30, 2010 to the property
owners and tenants of those properties that are located within 300 feet of the subject
property see the attached radius map. Pursuant to the provisions of the California
Environmental Quality Act (CEQA), an expansion to a restaurant that is less than 2,500
square -feet in size and Tess than 50% of the floor area of the existing restaurant is
Categorically Exempt under section 15301(e) of the CEQA Guidelines, and therefore the
public hearing notice was not published in a local newspaper.
BACKGROUND INFORMATION
The site is developed with a three -story, 62,700 square -foot commercial office and retail
building and two freestanding restaurants totaling 11,600 square -feet constructed in
1990. The subject restaurant was approved by CUP 89 -07 for a 5,171 square -foot
restaurant with seating for 170 persons and was formerly operated as Tony Roma's
Restaurant. The subject business, Capital Seafood, has been at this location since
November 2009. There are several other active Conditional Use Permits at this
property:
CUP 89 -08 for 6,600 square -foot restaurant with seating for 150 persons (dba:
Tokyo Wako).
CUP 90 -13 for a 979 square -foot restaurant with seating for 16 persons, and
approved with a parking modification of 428 spaces in lieu of 431 spaces
required (dba: Basil).
CUP 90 -15 for a 1,100 square -foot deli /sandwich shop with seating for 12
patrons, and approved with a parking modification of 428 spaces in lieu of 446
spaces required (dba: Subway).
CUP 10 -13
333 E. Huntington Drive
January 11, 2011 page 2
CUP 10 -06 for a 1,640 square -foot restaurant with seating for 48 persons (dba:
Golden Dragon) the restaurant was originally approved as CUP 91 -12 with
seating for 18 persons and a parking modification of 428 spaces in lieu of 455
spaces required.
CUP 08 -07 for a 2,400 square -foot art studio and tutoring center with up to 15
students at any one time (dba: Vision 21 Art and College Prep Center) no
parking modification needed.
On August 4, 2010, the applicant for Capital Seafood submitted Architectural Design
Review Application No. ADR 10 -13 for a new 822 square -foot covered patio addition to
the existing 5,171 square -foot restaurant at 333 E. Huntington Drive. On September 1,
2010, staff gave preliminary approval of the architectural design of the patio addition,
subject to the approval of a Conditional Use Permit. On October 14, 2010 the applicant
submitted Conditional Use Permit Application No. CUP 10 -13.
PROPOSAL AND ANALYSIS
The applicant is proposing a new 822 square -foot covered patio addition to an existing
5,171 square -foot restaurant. The covered patio will provide seating for an additional 32
patrons, which will increase the maximum seating of the restaurant from 170 persons to
203 persons. Four existing parking spaces will be eliminated by the new addition in the
location indicated on the site plan, which is subject to a parking modification as
discussed later in this report under Parking Analysis.
The architectural design of the addition will feature a low stucco base with glass panels
above the base, stucco columns, and a wood trellis roof. The color of the stucco base
and columns will match the stucco color of existing restaurant, and the color of the
wood trellis roof will match the roof color of the existing restaurant. Two emergency exit
doors have been designed to blend with the stucco base and glass panels of the rest of
the addition. A new 4 -foot wide handicap accessible walkway is proposed adjacent to
the covered patio addition. It is staff's opinion that the architectural design is
complementary to the existing building and is an appropriately designed improvement.
Parking Analysis
The subject property has 428 on -site parking spaces; 175 surface parking spaces and
253 parking spaces located in a three level parking structure at the northeast corner of
the property. By Code, the subject commercial center has a current parking deficiency
of 54 spaces: 428 on -site parking spaces in lieu of a requirement of 482 spaces. This
proposal would eliminate 4 existing parking spaces in the surface lot and increase the
parking requirement by 12 spaces, resulting in a parking deficiency of 70 spaces: 424
on -site parking spaces in lieu of a requirement of 494 spaces. The following table lists
the parking requirements for the various uses at this center.
CUP 10 -13
333 E. Huntington Drive
January 11, 2011 page 3
CEQA
Parking Requirements for the Subject Commercial Site
Type of business
Ground Floor Retail
Medical
(2) Restaurants with <5,001 sq.ft.
(1) Restaurant with >5,001 sq.ft.
Sandwich Shop (Subway)
2nd 3 Floor Offices
Art Studio/Test Prep. Center
Capital Seafood w/ patio addition
Totals
Approx.
Sq. Ft.
25,654
1,121
2,678
6,600
1,090
29,522
2,670
5,993
72,658
Parking
Ratio
5/1,000
6/1,000
10/1,000
15/1,000
15/1,000
4/1,000
1 /employee 1/3 students
15/1,000
Spaces
Required
128
7
27
99
16
119
8
90
494
A parking survey of this commercial center was conducted in July of 2008 as part of a
Conditional Use Permit application for an art studio /test prep center at suite nos. 201-
203. The survey showed that a minimum of 180 parking spaces were available
between the hours of 9:00 a.m. and 8:00 p.m. A more recent survey was conducted in
October 2010 as part of this application. This survey indicates that during peak parking
demand there are approximately 150 parking spaces available. The October 2010
parking survey is attached to this report. Recent site visits by staff found that the
surface parking lot is generally busy during daytime business hours, but approximately
25% of surface parking spaces remain vacant. The structured parking lot was found to
be very underutilized during daytime business hours with approximately 75% of spaces
vacant. It is staff's opinion that the existing parking lots can adequately accommodate
the additional parking and traffic demands of the new 822 square -foot covered patio
addition.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, emergency equipment, and parking and site design 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.
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 site are necessary, then this project, as a
minor alteration to an existing facility is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15301(e) of the CEQA
Guidelines. A Preliminary Exemption Assessment is attached to this staff report.
CUP 10 -13
333 E. Huntington Drive
January 11, 2011 page 4
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. The proposed restaurant addition will not have any adverse impacts to the
neighboring businesses or properties, and will be required to comply with all County
Health Code requirements.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. An eating establishment is allowed in the
CPD -1 zones with an approved Conditional Use Permit per 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 restaurant addition will increase the parking
requirement by 12 spaces; a 2.5% change, which is insignificant. The proposed
addition will eliminate 4 existing parking spaces; a 0.9% change which is
insignificant.
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. Huntington Drive to the
south of the site, and Gateway Drive to the west are adequate to serve the existing
shopping center and the new restaurant expansion.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed restaurant addition is a commercial
use that is consistent with the General Plan Land Use Designation of the site.
It is staffs opinion that the proposed restaurant addition satisfies each prerequisite
condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 10 -13, subject to the following conditions:
1. The new covered patio addition shall be limited to a maximum of 32 seats, and the
remainder of the restaurant shall be limited to a maximum of 170 seats.
2. The restaurant and outdoor dining shall not be open between 12:00 midnight and
6:00 a.m., and shall not be open more than 16 hours per day.
CUP 10 -13
333 E. Huntington Drive
January 11, 2011 page 5
3. No live music or entertainment is allowed under this Conditional Use Permit.
4. This approval of CUP 10 -13 includes a parking modification /reduction of 16 spaces
for the 822 square -foot covered patio restaurant addition. This parking modification
is not an approval for a general reduction of the parking requirements for the subject
commercial space, the subject building, or the subject site.
5. All conditions of approval under CUP 89 -07 (P.C. Resolution No. 1411) for the
original 5,171 square -foot restaurant shall remain in effect.
6. The use approved by CUP 10 -13 is limited to the restaurant, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 10 -13, and shall be subject to periodic inspections,
after which the provisions of this Conditional Use Permit may be adjusted after due
notice to address any adverse impacts to the adjacent streets and neighboring
businesses or properties observed during these inspections.
7. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, and 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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -13
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the restaurant.
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 10 -13 shall not take effect until the property owner(s), and
applicant(s) have executed and filed an Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
11. All conditions of approval for the 5,171 square -foot restaurant approved under
CUP 10 -13
333 E. Huntington Drive
January 11, 2011 page 6
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 10 -13; state the
supporting findings and environmental determination, and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Commission's decision,
specific determinations and findings, and the conditions of approval.
Denial
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 10 -13; 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 January 11, 2011 public hearing, please contact
Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at
tschwehr @ci.arcadia.ca. us.
Approved by:
-6)r
Jim Ka ama
Comm nity Development Administrator
Attachments: Aerial Photo and Vicinity Map with Zoning Information
300 -foot Radius Map
Photos of Subject Property
Architectural Plans
Parking Survey
Preliminary Exemption Assessment
CUP 10 -13
333 E. Huntington Drive
January 11, 2011 page 7
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1. Name or description of project:
Conditional Use Permit Application No. CUP 10 -13 to allow a new 822 square -foot covered patio addition to an
existing 5,171 square -foot restaurant at 333 E. Huntington Drive (dba: Capital Seafood).
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):
333 E. Huntington Drive (between Gateway Drive and N. Fifth Avenue)
3. Entity or person undertaking project: A. City of Arcadia
B. Other (Private)
(1) Name: JWL Associates
4. Staff Determination:
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
(2) Address: 1221 S. Hacienda Blvd
Hacienda Heights, CA 91745
(3) Phone: (626) 956 -0168
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: 1
Section No.: 15301(e)
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: December 16, 2010 Staff: Tim Schwehr, Assistant Planner
RESOLUTION NO. 1826
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP
10 -15 FOR A 600 SQUARE -FOOT TEA HOUSE WITH SEATING FOR A
MAXIMUM OF 12 PERSONS AT 1147 W. HUNTINGTON DRIVE.
WHEREAS, on November 2, 2010, an application was filed by Ms. Mai Jessica Tran for a
600 square -foot tea house with seating for a maximum of 12 persons within an existing
commercial retail building; Development Services Department Case No. CUP 10 -15, at 1147 W.
Huntington Drive; and
WHEREAS, a public hearing was held by the Planning Commission on December 28,
2010, 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 December 28, 2010 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. The
proposed tea house will not have any adverse impacts to the neighboring businesses or
properties, and will be required to comply with all County Health Code requirements.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized as outlined under Arcadia Municipal Code Section
9275.1.45.1.
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 tea house
house will increase the parking requirement by 3 spaces; a 0.89% change, which is insignificant.
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. All of the surrounding streets; Huntington
Drive, Michillinda Avenue, and Sunset Boulevard are adequate to serve the existing shopping
center with the addition of the proposed tea house.
5. That the granting of Conditional Use Permit No. CUP 10 -09 will not adversely affect
the comprehensive General Plan. The proposed tea house is a commercial use that is consistent
with the General Plan Land Use Designation of the site.
6. That the conversion of a commercial space to a tea house qualifies as a Class 3
Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of a
small commercial structure per Section 15303(c) of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 10 -15 for a 600 square -foot tea house with seating for a maximum of 12
persons within an existing commercial building at 1147 W. Huntington Drive, subject to the
following conditions:
1. The tea house shall be limited to a maximum of 12 seats, shall not be open
between 12:00 midnight and 6:00 a.m., and shall not be open more than 16 hours per day.
2. No alcoholic beverages shall be sold or served at this tea house.
3. This approval of CUP 10 -15 includes a parking modification /reduction of 3 spaces
for the 600 square -foot tea house. This parking modification is not an approval for a general
reduction of the parking requirements for the subject commercial space, the subject building, or
the subject site.
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4. The use approved by CUP 10 -15 is limited to the proposed tea house, which shall
be operated and maintained in a manner that is consistent with the proposal and plans submitted
and approved for CUP 10 -15, and shall be subject to periodic inspections, after which the
provisions of this Conditional Use Permit may be adjusted after due notice to address any
adverse impacts to the adjacent streets and neighboring businesses or properties observed
during these inspections.
5. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, and 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.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 10-
15 shall be grounds for immediate suspension or revocation of any approvals, which could result
in the closing of the tea house.
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.
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8. Approval of CUP 10 -15 shall not take effect until the property owner(s), and
applicant(s) have executed and filed an 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 day of 2011.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
P.
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
4 1826
r
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, December 28, 2010, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, December
28, 2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington
Drive with Chairman ParriIle presiding.
PLEDGE OF ALLEGIANCE
Chairman Pamile led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Commissioners Baderian, Baerg, Beranek, Chiao and PerriIle
ABSENT: None
OTHERS ATTENDING
Community Development Administrator, Jim Kasama
Assistant Planner, Tim Schwehr
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
There were none.
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
There were none.
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT NO. CUP 10 -15
1147 W. Huntington Drive
Mai Jessica Tran
The applicant is requesting a Conditional Use Permit to operate a 600 square -foot tea house
with seating for a maximum of 12 persons and operating hours of 8:00 a.m. to 12:00
midnight, seven days a week.
Assistant Planner, Tim Schwehr, presented the staff report.
Commissioner Beranek noted that the 199 parking spaces leased from Ralphs are not
included in the parking calculations and that inclusion of these spaces would result in a
surplus. Mr. Schwehr explained that since no formal covenant holds these properties
together, those spaces cannot be included in the calculations. He further noted that the
applicant applied for a Modification in 2002 to allow the reduced number of parking spaces
in case the lease with Ralphs is not renewed in the future.
Commissioner Chiao asked when the lease with Ralphs will expire. Mr. Schwehr said that
he wasn't sure but that Ralphs has been leasing the parking spaces for over 40 years.
Commissioner Chiao noted that the tea house would require only three additional spaces
excluding the leased spaces so that even if the leased spaces are not available in the future
the parking deficiency would be less than one percent based on this analysis. Mr. Schwehr
agreed.
The Public Hearing was opened.
Chairman PerriIle asked if anyone would like to speak in favor of this project.
Ms. Jessica Tran, applicant and owner of the proposed business, said that she noticed an
opportunity to provide the students of the nearby tutoring center with a quick snack and a
place to stay while waiting for parents to pick them up.
Commissioner Baderian asked what type of food will be served and if all food preparation
will be done at the site. Ms. Tran said she is planning to provide light snacks including milk,
green tea, sandwiches, cookies and other quick snacks and that everything will be prepared
at the site.
Commissioner Baderian asked Ms. Tran if she read all the conditions of approval and if she
would be able to comply. Ms. Tran said that she read and understood all conditions and
that she will comply with them.
Chairman Parrille asked if anyone wanted to speak in opposition to this project.
There were none.
MOTION:
It was moved by Commissioner Beranek to close the Public Hearing. Without objection the
motion was approved.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to approve
Conditional Use Permit No. CUP 10 -15 subject to the conditions in the staff report, and to
direct staff to prepare the appropriate Resolution..
ROLL CALL
AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Perri Ile
NOES: None
A Resolution reflecting the decision of the Planning Commission will be presented for
adoption at the next Commission meeting. There will be a five working day appeal period
after the adoption of the Resolution.
PC MINUTES
12 -28 -10
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CONSENT ITEMS
2. MINUTES OF NOVEMBER 23, 2010
RECOMMENDATION: Approve the minutes of November 23, 2010.
MOTION:
It was moved by Commissioner Baerg, seconded by Commissioner Beranek, to approve the
minutes of November 23, 2010 as presented.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Perri lle
NOES: None
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
Commissioner Baderian asked about the status of the Westfield /Caruso lawsuit and application.
Mr. Kasama explained that Westfield has withdrawn their lawsuit since the Caruso project was
cancelled. Westfield has submitted an application for Phase 2 of their expansion. He also said
that Caruso is negotiating with the Race Track owner regarding a new commercial project.
Mr. Kasama reported that the copper roof project that was denied at the last Planning
Commission meeting was not appealed but the denial of the oak tree applications was appealed
and will be heard by the City Council on January 4, 2011.
MODIFICATION COMMITTEE AGENDA
Chairman Perri Ile reported that the Modification Committee meeting was cancelled.
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
Mr. Kasama said that the agenda for the next meeting may include an application for a patio
addition for Capital Seafood Restaurant.
ADJOURNED
ATTEST:
Secretary, Planning Commission
Chairman, Planning Commission
7.1 .x:
PC MINUTES
12 -28-10
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