Loading...
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 0 z CJ RESERVOIR 7 SANTA CLARA 1 2 3 4 5 BONITA PARK BONITA ST HUNTINGTON 0 N) 2 0 0 oi o, z 121314 6 7 CITY OF ARCADIA O GC MAPPING SERVICE, INC. 3055 WEST VALLEY BOULEVARD ALHAMBRA CA 91803 (626) 441 -1080 FAX (626) 441 -8850 gcmappIng@radiusmaps.com 3 2 0 i WALNUT AV i m 0 I/ v r I' 3 I III 4 0 5 3 7 ST 0 300' RADIUS MAP 6 LEGEND OWNERSHIP NO. OWNERSHIP HOOK DR CASE NO. DATE: 09 13 2010 SCALE: 1" 100' OWNERSHIP MAP _Th 1.11 CO CO 0 CO c ro o rn tll v o o•- L J 1— u N 1 I C N U IO O z N W i-� 0 Lai CO LA m CA Lb ck c0 LO L plv� J X (4 ta1-u C a) L41 CO VI m. -loco tI3a o N cn N I- LL u 'ids sal r *s AIM mamma inco V 1/40 N CO 0 00 UOc VI O f -J X N �CI— N i C 'u ro ainn• natl. an: :way mezo 17n Paw eft smg. .1410 okhlet 22 RAN Sag:t .1,N mailw 4410e, 1i1 i� ,i 1111 I91'ih MIN KY %ICY:1W al '.C. ..wv. Lmwkorrezzato ovens 1V.110070 6310N 1V2131‘130 ONV '133H6 31111 :ffW11i3H° A 0 r3 uJ 1 1 q q 3i21 0 4 Q 1 z 5 1 blot 1111Aill 24�iR�SoaS�etl� eq� 9 �i9n 'aR� '��g ga9gEY Ito 1 6 g q 3qa li i9goag1156i1118 Ahhfigagal4 fisaait it �g y. ea X1 1 1 i 1 1 q g 91 q q �g 1 II ti; :1 2 I p 1111 11.1£ 11 d 111 1,1 RC Y S 1 qpg 10.1 7a 1 <g g It 1 q �qql alt 11 1 1 11 I li 1 11 11111 a 1001 g d ;1$ 311 1(1 11 Y 3 /1.111 I 11 h q Eq g si e .1; !1,1 t!! t 1 111 'Ili! 11 1 1 11 illi o f E s 11 s 11,111111 ot or ;1ti agY I:11! q Y S a °g,. a 4 11 q e a d.� q Y� r q "a� e9 tl q q 1 1 1� q gsa 111111/11!iii 9 qS k a= !I q- 0 3 q i 'i g g q q q �a Mpg Fa q 11 111 :111..v s i 1 a 1 1 _111 1111/011 e N a: y d tl t h e 4 R K F p x 1a K e X R Ili t I l 11 .1 III ill bill! Mill F. ACLII 1 VICVO 'a 14...101 4111,11 nv.o.swi COCIOAVBIS 1t11.03:11v3 1 I 1 1 E 1 1 421,12010dnkld I 4; ..5.> '-A „r"" .r i.'■' Mild 3118 21.111J15in C100.1V211 DIVIITAL9211 f L 7 0) J 4, J frie• 4 t's 4 4 [3. 2:1Y1..132! 3LIYMCl2JVH 1V12131YVI 553N)1O1HI IH913H H.LOIM ON ON NOOO .0-.9 a•Dvars HI J 44 4444 4.?-4 r"1 c..4 44\4 ,IL. III 1 111 1 1 14 1 1 MI 116 Mae 4 'MOWN 11.C.11.131$ r1111-11' at1lf19d119.0.83111 0100e1331192.100 AnitES0d0ad NY1.1DN11130 NVid 21001d CISSOdOthi ONIiSIX 0 y :.1 0 I_1_0_1 0 r 1 n 1 111 an "pro 0 11111 10 11 now l i b1GPJtlW "e11 iM1UNLM1I14 3 ret bP!IQ4Finw.11 S31QD 13OO4M36 inns= �woA IFwA4wA NOLLYA313 ,1.11.1.1:‘,1451 1 d 1 trj L 0 c 0 c z m m m CO tO CO rrl 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. 2 1826 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. 3 1826 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 Page 2 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 Page 3