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HomeMy WebLinkAbout2-8-11PLEDGE 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 ARCADIA PLANNING COMMISSION AGENDA Tuesday, February 8, 2011, 7:00 P.M. Arcadia City Council Chambers All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PLANNING COMMISSION ITEMS 1. CONDITIONAL USE PERMIT NO. CUP 10 -12 921 S. Baldwin Avenue, Unit #D Terence Kwok The applicant is requesting a Conditional Use Permit to allow a new 1,714 square -foot martial arts studio with a maximum of two instructors and 12 students at any one time. RECOMMENDATION: 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. 2. CONDITIONAL USE PERMIT NO. CUP 10 -20 142 E. Duarte Road Raymond Kwan The applicant is requesting a Conditional Use Permit with a Parking Modification to convert the existing 2,274 square -foot, take -out eating establishment to a restaurant with a dining area for 20 patrons. 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 Planning Services offices at City Hall, 240 W. Huntington Dr,, Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 2 -8 -11 RECOMMENDATION: Conditional Approval RESOLUTION NO. 1828 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10 -20 with a Parking Modification to convert the existing 2,274 square -foot, take -out eating establishment to a restaurant with a dining area for 20 patrons at 142 E. Duarte Road. RECOMMENDATION: Adopt There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5 :30 p.m. on Wednesday, February 16, 2011 CONSENT ITEM 3. RESOLUTION NO. 1827 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10-13 for an 822 square -foot covered patio addition to an existing 5,171 square -foot restaurant at 333 E. Huntington Drive. RECOMMENDATION: Adopt There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5 :30 p.m. on Wednesday, February 16, 2011 4. MINUTES OF JANUARY 11, 2011 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 Planning Services offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 2 -8 -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 Hearing 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 Planning Services offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 2 -8 -11 February 8, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 10 -12 for a new 1,714 square foot martial arts studio with a maximum of 2 instructors and 12 students at any one time at 921 S. Baldwin Avenue, Unit #D. SUMMARY STAFF REPORT Development Services Department Mr. Terence Kwok submitted Conditional Use Permit Application No. CUP 10 -12 for a 1,714 square -foot martial arts studio with a maximum of 2 instructors and 12 students at any one time at 921 S. Baldwin Avenue, Unit #D. It is staffs opinion that the martial arts studio will not adversely impact the other nearby businesses and neighboring properties, provided that instruction is not held during weekend lunch and dinner hours. The Development Services Department is recommending approval of this application, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Terence Kwok LOCATION: 921 S. Baldwin Avenue, Unit #D REQUEST: A Conditional Use Permit for a 1,714 square -foot martial arts studio with a maximum of 2 instructors and 12 students at any one time. SITE AREA: 31,100 square feet (0.71 acres) FRONTAGES: 171.50 feet along Baldwin Avenue 109.35 feet along Fairview Avenue EXISTING LAND USE ZONING: The site consists of a 9,976 square -foot, seven unit commercial building built in 1987 with a 50 space surface parking lot. The property is zoned C -2, General Commercial. SURROUNDING LAND USES ZONING: North: Bank and restaurant, zoned C -2 South: Convenience store, zoned C -2 East: Mixed commercial, zoned C -2 West: Multiple family residential, zoned R -3 GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 10 -12 were mailed on January 26, 2011 to the property owners and tenants of those properties that are within 300 feet of the subject property see the attached radius map. Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The subject unit is located within an existing commercial strip center constructed in 1987. Unit D is currently vacant but was previously occupied by Curves Gym as a legal nonconforming use with a maximum of 8 persons permitted to train at any one time. The tenants of the other units at the property consist of three restaurants, one spa, one dental office, and one general retail use. The dental office was approved with a parking modification in 1991 to allow 50 parking spaces in lieu of 52 required (MC 91 -08). The three restaurants were approved by the following conditional use permits: CUP 89 -19 for a 1,375 square -foot parking modification of 50 spaces in CUP 08 -19 for a 1,376 square -foot parking modification of 50 spaces in CUP 08 -15 for a 1,971 square -foot parking modification of 50 spaces in restaurant with seating for 40 patrons, and a lieu of 57 required (Unit #B). restaurant with seating for 37 patrons, and a lieu of 70 required (Unit #A). restaurant with seating for 33 patrons, and a lieu of 75 required (Units #G &H). CUP 10 -12 921 S. Baldwin, Unit #D February 8, 2011— page 2 PROPOSAL AND ANALYSIS The applicant is proposing to use an existing 1,714 square -foot commercial unit as a martial arts studio with a maximum of 2 instructors and 12 students at any one time. The subject unit was formerly a small gym (Curves) and the existing floor plan contains 1,205 square -feet of instruction area, three small offices, a small storage room, and one restroom. The applicant is not proposing any changes to the existing floor plan. The applicant's proposed class schedule is for weekday instruction to begin at 3:30 p.m. and end at 9:00 p.m., and weekend instruction to begin at 8:30 a.m. and end at 8:00 p.m. Instruction will be for all ages. There will be a 30- minute break between classes. Staff is recommending that instruction not be allowed during weekend lunch and dinner hours because of the parking deficiency at this property. Parking and Traffic The existing commercial center currently contains a mix of retail uses, restaurants, and a dental office. Several Conditional Use Permits and Parking Modifications have been approved for this center and there is currently a parking deficiency of 25 spaces at the site. The current uses and parking requirements of the center are summarized in the table below: Unit* A B C D* E F G &H Totals: Subject unit 921 S. Baldwin Avenue Current Use Restaurant Restaurant Dental office Fitness gym Flower shop Day spa Restaurant Existing Uses and Parking Requirements Parking Required Notes Sq. Ft. 1,376 1,375 1,296 1,714 1,075 1,169 1,971 9,976 13.8 13.8 7.8 8.6 5.4 5.8 19.7 74.9 z 75 CUP 08 -19 (max 37 seats) CUP 89 -19 (max 40 seats) MC 91 -08 CUP 08 -15 (max 33 seats) With an existing parking requirement of 75 spaces and only 50 spaces provided on -site, the center is currently deficient by 25 parking spaces. Pursuant to the City's current parking regulations, a martial arts studio requires 1 parking space for every 100 square feet of instruction area. The 1,714 square -foot martial arts studio would have 1,205 square -feet of instruction area and a parking requirement of 12.1 spaces, or 3.5 spaces more than the previous use. As a result, the parking deficiency at the center would increase from 25 spaces to 28 spaces; 50 spaces existing in lieu of 78 spaces required overall. In order to more accurately assess the current parking situation, the Development Services Department asked the applicant to provide a parking survey. The attached survey was conducted between Saturday, November 27, 2010 and Sunday, December 5, 2010. The applicant recorded the number of occupied parking spaces at hourly intervals, between 10:00 a.m. and 10:00 p.m. Staff visited the site on multiple occasions and found CUP 10 -12 921 S. Baldwin, Unit #D February 8, 2011— page 3 that the survey data is accurate. As expected, parking demand was highest during the lunch and dinner hours due to the numerous restaurants at the center. Parking availability ranged from 45 vacant spaces at 10:00 a.m. on a Thursday to 0 vacant spaces during Friday and Saturday dinner hours. The parking lot was also at or near capacity during Saturday and Sunday lunch hours, and Sunday dinner hours. Because of the parking shortage, staff is recommending a condition that no martial arts instruction shall occur during the Friday, Saturday, and Sunday dinner hours, and the Saturday and Sunday lunch hours. As an additional condition, staff is also recommending that drivers be required to park their vehicles when picking -up and dropping -off students, and that no queuing of vehicles shall occur in the parking lot. Based on the parking survey and staffs observations of the site, it is staffs opinion that with these restrictions, there should be sufficient on -site parking and circulation to accommodate the proposed use. 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. 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 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 15303 of the CEQA Guidelines. 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. With the condition of approval prohibiting instruction during weekend lunch and dinner hours, the proposed martial arts studio will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A martial arts studio is allowed in the C -2 zones with an approved Conditional Use Permit per Section 9275.1.50.3 of the Arcadia Municipal Code. CUP 10 -12 921 S. Baldwin, Unit #D February 8, 2011— page 4 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 martial arts studio will increase the parking requirement by 3 spaces; a 4% change, which is normally insignificant, but due to prior parking modifications for other businesses, necessitates minor conditions of approval to avoid conflicts with other uses at this site. 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 surrounding streets; Baldwin Avenue and Fairview Avenue, are adequate to serve the existing shopping center with the addition of the proposed martial arts studio. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed martial arts studio is a commercial use that is consistent with the General Plan Land Use Designation of the site. It is staffs opinion that the proposed martial arts studio with conditions of approval, satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 10 -12, subject to the following conditions: 1. The martial arts studio shall be limited to a maximum of 2 instructors and /or employees and 12 students at any one time. 2. No instruction shall occur on Fridays from 5:30 p.m. to 10:00 p.m.; Saturdays from 11:00 a.m. to 3:00 p.m. and 5 :00 p.m. to 10:00 p.m.; and Sundays from 11:00 a.m. to 2:00 p.m. and 5:30 p.m. to 8:00 p.m. 3. Student pick -up and drop -off shall occur in the on -site parking lot only. Parents shall be required to park their vehicles when picking -up and dropping -off students, and no queuing of vehicles shall occur in the parking lot. The martial arts studio shall post and distribute notices to all students, parents, and staff to provide instructions for where to park, and where to drop -off and pick -up students in accordance with requirements established by the City. A draft of the notice shall be submitted to the City for review and approval by the Development Services Director or designee prior to beginning operation of the martial arts studio. 4. This approval of CUP 10 -12 includes a parking modification /reduction of 3 spaces for the 1,714 square -foot martial arts studio, and a parking modification of 50 spaces in lieu of 78 required for the martial arts studio and existing uses at this shopping center. 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. CUP 10 -12 921 S. Baldwin, Unit #D February 8, 2011— page 5 5. The use approved by CUP 10 -12 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 conditionally approved for CUP 10 -12, 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. 6. 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the martial arts studio. 8. 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. 9. Approval of CUP 10 -12 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an 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 10 -12; 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. CUP 10 -12 921 S. Baldwin, Unit #D February 8, 2011— page 6 Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 10 -12; 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 February 8 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca. us. Approved by: sama mmunity Development Administrator Attachments: Aerial Photo 300 -foot Radius Map Photos of Subject Property Parking Survey Proposed Plans Preliminary Exemption Assessment CUP 10 -12 921 S. Baldwin, Unit #D February 8, 2011— page 7 Subject Property R -3 C-2 C-2 C-2 C -2 921 S. Baldwin Ave, Unit D CUP 10 -12 FAIRVIEW SHEE SHEET 2 125 2 c0 unsksF 1 csi 0 4 0 a g 0 A 0 78 :2 I z 1111L114 SHEET 7 ...L. 03 I— mow 2 9 16 (Z1 RD 8 2 ft 1 AVE !tit r, 4.1 1') 1 704 1 62 50 T 53 76 46.20 '99 (tjti (1 2 6 5 v 2 647 ea 53.15 FAIRVIEW SHEE SHEET 2 125 2 c0 unsksF 1 csi 0 4 0 a g 0 A 0 78 :2 I z 1111L114 SHEET 7 ...L. 03 I— mow 2 9 16 (Z1 RD 8 2 ft 1 AVE !tit r, 4.1 1') 1 704 1 Subject Property 921 S. Baldwin Ave. Rear Parking Lot looking North Rear Parking Lot looking South Adjacent Residential Units to the West 01 -SO -ZI hopuns oz 02 Gz oz sz GG Zb Saturday 12 -04 -10 bB 10 I Gil 9Z 02 OG OG 01-20 -ZI hopky I �z GZ ZZ Sb ZG iz Thursday 12 -02 -10 OZ bL 6Z 5Z 01-10 -ZI apsaup f zz 1 9L 9L r y r sz 9Z m OZ OI -0G -I I hopsanl oz GG EL az. Tv BL OZ 0I- 10Z -II hopuoN QC 9Z i oz d- O QZ s0 2 Ft CO m CNI To O N N to N d pp cc� N N pp t� O O p O ci p O 6i O m O 't O th O O r c!� O t O O ast OiQC11S b'l;l?`d y..Y t 3 irk J� IIM a SSLII0 'd7 ')I21b'd J12644O14 3A 4 /...0A21V9 O9z .10 LIH7elV NOM>I 3 ?N32{31 .OI -.0C if N01H.6t sar�vyo a iIo V S I !NtliVYai4 Y•CI'AYMMW1 pNt PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 10 -12 for a new 1,714 square -foot martial arts studio with a maximum of 2 instructors and 12 students at any one time. 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7Yz' topographical map identified by quadrangle name): 921 S. Baldwin Avenue, Unit #D (between Fairview Avenue and Huntington Drive) 3. Entity or person undertaking project: A. City of Arcadia B. Other (Private) (1) Name: Terence Kwok (2) Address: 260 E. Garvey Monterey Park, CA 91755 (3) Phone: (323) 697 -2120 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: January 20, 2011 Staff: Tim Schwehr, Assistant Planner February 8, 2011 Development Services Department TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Lisa Flores, Senior Planner SUBJECT: Conditional Use Permit No. CUP 10 -20 to convert the existing 2,274 square foot, take -out food service establishment to a restaurant at 142 E. Duarte Road (dba: Tasty Togo). SUMMARY The subject application was filed by Raymond Kwan on behalf of the property owner, Generation Chu, LLC to convert the existing 2,274 square foot, take -out food service establishment to a restaurant within the existing shopping center at 140 -160 E. Duarte Road (dba: Tasty Togo). The Development Services Department is recommending approval of this application and the related parking modification, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Raymond Kwan on behalf of the property owner, Generation Chu, LLC LOCATION: 142 E. Duarte Road (the 99c Only shopping center) REQUEST: A Conditional Use Permit to convert the existing 2,274 square -foot, take- out food service to a restaurant with seating for 20 patrons, and a parking modification to permit 106 on -site spaces in lieu of 201 spaces required for the shopping center. The hours of operation for the restaurant will be from 11:00 a.m. to 10:00 p.m., daily. SITE AREA: 88,800 square feet (2.04 acres). FRONTAGE: 398.86 feet along Duarte Road and 80 feet along 2nd Avenue. EXISTING LAND USE ZONING: The shopping center is anchored by a 23,823 square foot 99c Only Store. Attached to the store are 11,739 square feet of multi- tenant commercial space. The center has 106 parking spaces. The property is zoned C -1, Limited Commercial. SURROUNDING LAND USES ZONING: N o rt h Commercial and Carl's Jr. zoned C -2 South: Single- family residential zoned R -1 East Bank zoned C -1 West: Taco Lita zoned C -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) PUBLIC HEARING NOTIFICATION Public hearing notices of CUP 10 -20 were mailed on January 26, 2011 to the property owners and occupants 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), a conversion from one use to another that is Tess than 2,500 square feet and not involving the use of significant amounts of hazardous substances is Categorically Exempt under section 15303(c) of the CEQA Guidelines, and therefore the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The shopping center was built in 1966 with 112 parking spaces and was originally anchored by an Alpha Beta grocery store. In 1991, the subject unit was occupied by a martial arts studio through Conditional Use Permit No. CUP 91 -002 that also granted a parking modification for 109 on -site spaces in lieu of 212 spaces for the shopping center. The martial art studio closed in 1995, and the unit was later occupied by retail businesses. Tasty Togo has been at this location since November 30, 2010 to operate as a take -out only food service establishment. Take -out only food service businesses with no seating are considered retail uses, and do not require a Conditional Use Permit. The corner development is not part of this center, except to share access. On December 6, 2010, Code Services cited the business owner for having installed tables and chairs, which is a violation of their approved business license to operate as a take -out only establishment. PROPOSAL AND ANALYSIS The applicant is seeking a Conditional Use Permit to operate a restaurant with indoor seating for 20 patrons. The proposed restaurant would occupy the existing 2,274 square foot retail space. The proposed hours of operation are from 11 a.m. to 10 p.m., daily. CUP 10 -20 142 E. Duarte Road February 8, 2011 page 2 Use Area (S.F.) Required Parking Ratio Required Parking Per Use 99c Only Store 23,823 S.F. 1/200 S.F. 119.12 spaces Other retail uses 7,101 S.F. 1/200 S.F. 35.51 spaces Existing restaurants 2,364 S.F. 1/100 S.F. 23.64 spaces Proposed Restaurant 2,274 S.F. 1/100 S.F. 22.74 spaces Total Parking Spaces Required: 201 spaces Total Parking Spaces Provided: 106 spaces There will be no more than five employees during each shift, and no alteration is proposed to the exterior of the building. A total of 106 on -site parking spaces exist on the site. Under the current zoning regulations the shopping center needs 201 parking spaces with the proposed restaurant. The following is a breakdown of the current parking requirements for the shopping center with the proposed restaurant: The applicant provided a parking survey of this commercial center, and the parking counts were conducted every two hours from 11 a.m. to 7 p.m. from January 10 -16, 2011. Most of the retail businesses are closed by 6 p.m. The applicant's survey shows an average of 38 available spaces with 23 spaces being the lowest number available on Sunday afternoon and 61 spaces being the most number of available spaces after 7 p.m. on Monday. Staff has made several observations and concurs with the applicant's parking survey. There are two non permitted parking stalls (spaces no. 67 and 68 as shown on the site plan) that impede two -way traffic through the aisle in front of the subject unit. Code Services has cited the property owner for this violation, and it is to be corrected in a timely manner. To ensure compliance, removal of the stalls is a condition of approval. There are two other active Conditional Use Permits at this property: CUP 83 -18 for an 884 square foot restaurant with seating for 12 persons, and a parking modification of 109 spaces in lieu of 112 spaces required for 160 E. Duarte Road (dba: Yogurt Ace). CUP 98 -08 for a 740 square foot coffee shop with seating for 16 persons, and a parking modification of 105 parking spaces in lieu of 205 spaces required for 148 E. Duarte Road (dba: Eight Cafe). It is staff's opinion that a modification for 106 parking spaces in lieu of the requirement of 201 spaces for the new restaurant will not create an adverse parking impact. While the change from retail (to go only) to a restaurant doubles the parking requirement for CUP 10 -20 142 E. Duarte Road February 8, 2011 page 3 this space (11.37 for retail vs. 22.74 for restaurant) the increased deficiency from the code requirement can be accommodated by the existing parking supply. 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. 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 site are necessary, then this project, as a conversion to an existing facility of Tess than 2,500 square feet is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) of the CEQA Guidelines. 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. The proposed restaurant 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. A restaurant is allowed in the C -1 zones with an approved Conditional Use Permit per Section 9275.1.53.5 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 change in use from retail to restaurant will increase the parking deficiency by 11 parking spaces, but this is insignificant based on the parking analysis. 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. Duarte Road to the north and 2nd Avenue to the east of the site are adequate to serve the existing shopping center and the new restaurant. CUP 10 -20 142 E. Duarte Road February 8, 2011 page 4 5. That the granting of such Conditional Use Permit No. CUP 10 -20 will not adversely affect the comprehensive General Plan. The proposed restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 10 -20, subject to the following conditions: 1. The restaurant 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. The restaurant shall be limited to 20 seats under this Conditional Use Permit. 3. No live music or entertainment is allowed under this Conditional Use Permit. 4. Parking stalls no. 67 and 68, as depicted on the site plan submitted for CUP 10 -20, shall be removed by February 28, 2011. 5. This approval of CUP 10 -20 includes a parking modification to allow for 106 parking spaces instead of 201 spaces required for this restaurant and the shopping center. 6. The use approved by CUP 10 -20 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 -20, 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 -20 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 CUP 10 -20 142 E. Duarte Road February 8, 2011 page 5 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 -20 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an 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 10 -20; state the supporting findings and environmental determination, and adopt Resolution No. 1828. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 10 -20; 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 February 8, 2011 public hearing, please contact Senior Planner, Lisa Flores at (626) 574 -5445, or by email at Iflores @ci.arcadia.ca.us. Approved by: i asama ommunity Development Administrator Attachments: Resolution No. 1828 Aerial Photo and Vicinity Map with Zoning Information 300 -foot Radius Map Photos Parking Survey Preliminary Exemption Assessment Architectural Plans (full and reduced sizes) CUP 10 -20 142 E. Duarte Road February 8, 2011 page 6 RESOLUTION NO. 1828 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -20 WITH A PARKING MODIFICATION TO CONVERT THE EXISTING 2,274 SQUARE FOOT, TAKE -OUT FOOD SERVICE ESTABLISHMENT TO A RESTAURANT WITHIN A DINING AREA FOR 20 PATRONS AT 142 E. DUARTE ROAD. WHEREAS, on December 21, 2010, a Conditional Use Permit No. CUP 10 -20 was filed by Raymond Kwan to convert the existing 2,274 square foot, take -out eating establishment to a restaurant with a dining area for 20 patrons at 142 E. Duarte Road; and, WHEREAS, a public hearing was held by the Planning Commission on February 8, 2011, 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 February 8, 2011 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 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. A restaurant is allowed in the C -1 zones with an approved Conditional Use Permit per Section 9275.1.53.5 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 change in use from retail to restaurant will increase the parking deficiency by 11 parking spaces, but this is insignificant based on the parking analysis. 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. Duarte Road to the north and 2nd Avenue to the east of the site are adequate to serve the existing shopping center and the new restaurant. 5. That the granting of Conditional Use Permit No. CUP 10 -20 will not adversely affect the comprehensive General Plan. The proposed restaurant is a commercial use that is consistent with the General Plan land use designation. 6. That the project approved under Conditional Use Permit No. CUP 10 -20 qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) per Section 15303(c) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -20 to convert the existing take -out eating establishment to a restaurant use with a dining area for 20 patrons at 142 E. Huntington Drive, subject to the following conditions: 1. The restaurant 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. The restaurant shall be limited to 20 seats under this Conditional Use Permit. 3. No live music or entertainment is allowed under this Conditional Use Permit. 4. Parking stalls no. 67 and 68, as depicted on the site plan submitted for CUP 10 -20, shall be removed by February 28, 2011. 5. This approval of CUP 10 -20 includes a parking modification for 106 parking spaces instead of 201 spaces required for this restaurant and the shopping center. 6. The use approved by CUP 10 -20 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 -20, and shall be subject to periodic inspections, after which the provisions 2 1828 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- 20 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 -20 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(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. 3 1828 ATTEST: Secretary Passed, approved and adopted this day of 2011. APPROVED AS TO FORM: R 4 Stephen P. Deitsch City Attorney Chairman, Planning Commission 4 1828 142 E. Duarte Road CUP 10 -20 w 4 Subject Unit R -1 tn 1 NI Tf R -2 AVE. a 1sT• oat AVE. e xi 1 a15T v AVE A. p.q/ /LOW if q jto as, 74 OAP L _m .1 DO a_ 3 c 4 a _n AVE 1 1883 —.J z m 0 K D m 0 5. m m F.1 Tasty Togo (Above) Entrance Area 1 0060 1MINXIMS r (Above) Main Dining Area (Above) Waiting Area (Above) View of the non permitted stalls that faces the store frontage. 1 After 7:00 Dm 1 open spots 61 open: 57.55% open spots: 51 open: 48.11% open spots: 50 open: 47.17% open spots: 56 open: 52.83% open spots: open: open spots: open: open spots: 42 open: 39.62% open spots: 48 open: 45.28% 1 3:01 -5:00 pm open spots: 48 open: 45.28% open spots: 37 open: 34.91% open spots: 29 open: 27.36% open spots: 30 open: 28.3% open spots: 30 open: 28.3% open spots: 30 open: 28.3% 1 1:01pm 3:00 pm open spots: 43 open: 40.57% open spots: 31 open: 29.25% open spots: 45 open: 42.45% open spots: 31 open: 29.25% open spots: 28 open: 26.42% open spots: 36 open: 33.96% open spots: 33 open: 31.13% 111:00 -1:00 pm open spots: 39 open: 36.79% open spots: 26 open: 24.53% open spots: 35 open: 33.02% open spots: 44 open: 41.5% open spots: 35 open: 33.02% open spots: 31 open: 29.25% b CO CD o C 2 1 e NI ƒ Thurs. 1/13/11 tt /bt /t "!a j tt /St /t "des 0. E CET CU O CO Total Spots Available: 106 Surplus of vacant parking spots. Too dark outside late night. Parking Survey 1. Name or description of project: PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Conditional Use Permit Application No. CUP 10 -20 to convert the existing 2,274 square foot, take -out eating establishment to a restaurant use at 142 E. Duarte Road (dba: Tasty Togo). 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): 142 E. Duarte Road (between 1 and 2 Avenue 3. Entity or person undertaking project: A. City of Arcadia E B. Other (Private) (1) Name: Raymond Kwan on behalf of General Chu, LLC (2) Address: 142 E. Duarte Road Arcadia. CA 91006 4. Staff Determination: (3) Phone: 1:626) 318 -7392 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: January 19, 2011 Staff: Lisa Flores, Senior Planner 01.1 COI On LW OM MO OLO '�I���2n 7AG 9001.6 VO 9 /A cg SOU@ \i(/ 00000 2 ,T1 2 2 1 0 El El 0 e LOL OLE'9Z9'131 .03 YJ 'VtlSWVNItl VN>W3NO1S Nl Z 'ONI IN3WdO13A3O O1If18N33aO 111Ntl3d 330 0NOIIIONO0 9000100 '0100030 0003 3130f10 3 O© ©Jb 5Gl�� M cS g 00000 11 1 N Q o zo``' c0 RESOLUTION NO. 1827 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -13 FOR AN 822 SQUARE-FOOT RESTOURANT ADDITION TO AN EXISTING 5,171 SQUARE-FOOT HUNTINGTON DRIVE. WHEREAS, on October 14, 2010, an application was filed by Ms. C.C. Chang for an 822 square -foot covered patio addition to an existing 5,171 square -foot restaurant; Development Services Department Case No. CUP 10 -13, at 333 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on January 11, 2011, 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 January 11, 2011 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 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 Conditional Use Permit No. CUP 10 -13 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. 6. That the project approved under Conditional Use Permit No. CUP 10 -13 qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) as a minor alteration to an existing facility per Section 15301(e) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -13 for an 822 square -foot covered patio addition to an existing 5,171 square -foot restaurant at 333 E. Huntington Drive, 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. 3. No live music or entertainment is allowed under this Conditional Use Permit. 2 1827 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 3 1827 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. ATTEST: SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day of 2011. Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission 4 1827 MINUTES ARCADIA PLANNING COMMISSION Tuesday, January 11, 2011, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 11, 2011, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Pantie presiding. PLEDGE OF ALLEGIANCE Chairman Parrille led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille ABSENT: None OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Senior Planner, Lisa Flores Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS A full size set of plans including corrections, a replacement for sheet 2 of the plans and a letter of opposition from another tenant in the shopping center, all relating to Item 1, were 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 There were none. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. CUP 10 -13 333 E. Huntington Drive JWL Associates The applicant is requesting a Conditional Use Permit to allow covered patio addition to an existing 5,171 square -foot restaurant The covered patio will provide seating for an additional 32 patrons. spaces will be eliminated by the new addition and the project Modification. Assistant Planner, Tim Schwehr, presented the staff report. a new 822 square -foot (dba: Capital Seafood). Four (4) existing parking is subject to a Parking The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Ms. Chien -chien Chang of JWL Associates represented the owner of the property. Ms. Chang said that the project was designed to be compatible with the area and with the neighboring businesses. Commissioner Baderian asked Ms. Chang if she had read the staff report and if the owner would comply with all conditions. Ms. Chang assured the Commissioners that the owner would comply with all conditions. Chairman Parrille asked if anyone wanted to speak in opposition to this project. Ms. Angel Qin said that she is the author of the letter of opposition to the project. She also said that other tenants in the shopping center were expected at the meeting but they did not attend. However, she said she had pictures and letters from more than 20 business owners at the site who are opposed to the project. They are concemed that their stores will no longer be visible from the street if the covered patio is added and they are also concemed about insufficient parking. Commissioner Baderian asked at what time of day the pictures were taken and Ms. Qin said it was around noon on a Friday and a Saturday. She said she also had evening pictures. Commissioner Baderian asked if they had been taken recently and Ms. Qin said they were. Chairman Parrille asked if the applicant wanted to speak in rebuttal but they declined. MOTION: It was moved by Commissioner Beranek to close the Public Hearing. Without objection the motion was approved. Commissioner Baderian asked to confirm the deficient number of parking spaces and Mr. Schwehr said that, based on staff's recommendations, there would be a deficiency of 70 spaces. Commissioner Beranek said that he has visited the site and noticed that the parking under the building is under utilized and that it seemed that people just did not want to park there. He asked if anything had been done to encourage customers to use this parking area. Mr. Schwehr said that valet parking had been discussed but the applicant decided that this change was not significant enough to make valet parking practical. Commissioner Baderian asked how long the Capital Seafood Restaurant has been at the site and Mr. Schwehr said it first opened in November of 2009. Commissioner Baderian asked if the change from Tony Roma's to Capital Seafood had resulted in increased parking problems. Mr. Schwehr said that there is no evidence that parking problems have changed significantly since the Capital Seafood Restaurant moved into the shopping center. PC MINUTES 1 -11 -11 Page 2 Commissioner Baderian asked how the 15 minute parking spaces are monitored. Mr. Schwehr said there are signs about the Municipal Code parking restriction. He further explained that someone would have to report parking violations to trigger enforcement of the Code as the restaurants have not hired private parking control officers. Chairman Parrille said that he visited Tony Roma's many times and noticed that parking congestion occurs mostly during the lunch hour and that as Commissioner Beranek pointed out, visitors to the center seem to wish to avoid the upper and lower parking areas. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to approve Conditional Use Permit No. CUP 10 -13 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 Pernhle 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. CONSENT ITEMS 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. RECOMMENDATION: Adopt 3. MINUTES OF DECEMBER 28, 2010 RECOMMENDATION: Approve the minutes of December 28, 2010. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Chiao, to adopt Resolution No. 1826 and to approve the minutes of December 28, 2010 as presented. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Parrille NOES: None PC MINUTES 1 -11 -11 Page 3 MATTERS FROM CITY COUNCIL PLANNING COMMISSION Commissioner Baderian asked if there was any news on the Caruso project and Ms. Flores said that the status remains unchanged. MODIFICATION COMMITTEE AGENDA Chairman Parrille reported that one item was approved by the Modification Committee. MATTERS FROM STAFF UPCOMING AGENDA ITEMS Ms. Flores reported that to date there have been no items scheduled for the January 25 Planning Commission meeting and only one item tentatively scheduled for the Modification Committee. ADJOURNED 7:25 P.M. ATTEST: Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 1 -11 -11 Page 4