HomeMy WebLinkAbout2-22-11PLEDGE OF ALLEGIANCE
ROLL CALL
ARCADIA PLANNING COMMISSION
AGENDA
Tuesday, February 22, 2011, 7:00 P.M.
Arcadia City Council Chambers
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 -14
411 E. Huntington Drive, Unit #101C
Tony Leung
The applicant is requesting a Conditional Use Permit to allow a 3,740 square -foot restaurant
with seating for up to 180 patrons at an existing 74,400 square -foot commercial center
(Arcadia Landmark Center).
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 -18
72 W. Live Oak Ave.
Ying Wan Phu
The applicant is requesting a Conditional Use Permit to allow the existing 869 square -foot
day spa located at 70 W. Live Oak Avenue to expand into the adjacent 710 square -foot
building at 72 W. Live Oak Avenue.
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
2 -22 -11
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.
3. TEXT AMENDMENT NO. TA 11 -02
Consideration of Text Amendment No. TA 11 -02 to amend Article IX, Chapter 2, Part 6 of
the Arcadia Municipal Code pertaining to temporary banner regulations.
RECOMMENDATION: Recommend approval to City Council
The Planning Commission's recommendation and comments will be forwarded to the City
Council.
CONSENT ITEM
4. RESOLUTION NO. 1828
A Resolution of the Planning Commission of the City of Arcadia, Califomia, denying
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.
RCOMMENDATION: Adopt
5. RESOLUTION NO. 1829
A Resolution of the Planning Commission of the City of Arcadia, Califomia, denying
Conditional Use Permit Application No. CUP 10 -12 for a new 1,714 square -foot martial arts
studio with a maximum of 2 instructions and 12 students at any one time at 921 S. Baldwin
Avenue, #D.
RCOMMENDATION: Adopt
6. MINUTES OF FEBRUARY 8, 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 Community Development Division offices at City Hall, 240
W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423.
PC AGENDA
2 -22 -11
I
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 Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia,
CA 91007, (626) 574-5423.
PC AGENDA
2 -22 -11
February 22
TO:
FROM:
SUBJECT:
STAFF REPORT
Development Services Department
2011
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
Conditional Use Permit No. CUP 10 -14 to allow a 3,740 square -foot
restaurant with seating for up to 180 patrons at an existing 74,400 square
foot commercial center (Arcadia Landmark Center).
SUMMARY
The subject application was filed by Mr. Tony Leung (dba: Orleans Corner Restaurant)
for a 3,740 square -foot restaurant with seating for 180 patrons at an existing 74,400
square -foot commercial center. The Development Services Department is
recommending approval, subject to the conditions listed in this staff report.
GENERAL INFORMATION
APPLICANT: Mr. Tony Leung (dba: Orleans Corner Restaurant)
LOCATION: 411 E. Huntington Drive, #101C
REQUEST: A Conditional Use Permit to allow a 3,740 square -foot restaurant with
seating for up to 180 patrons.
SITE AREA: 165,964 square -feet (3.81 acres)
FRONTAGE: 581 feet along Huntington Drive
261 feet along Gateway Drive.
EXISTING LAND USE ZONING:
The site was developed in 1990 with a 3 -story, 61,800 square -foot
commercial building, and two freestanding restaurants totaling 12,600
square -feet. The site is zoned CPD -1, Commercial Planned
Development.
SURROUNDING LAND USES ZONING:
N o rt h Santa Anita Wash zoned S -2, Public Purpose
South: 3 -story office building and two restaurants zoned CPD -1
East: Santa Anita Wash zoned S -2, Public Purpose
West: Hotel and Restaurant zoned CPD -1
GENERAL PLAN DESIGNATION:
Commercial (0.5 FAR) This designation is intended to permit a wide
range of commercial uses which serve both neighborhood and citywide
markets.
PUBLIC HEARING NOTIFICATION
Public hearing notices of CUP 10 -14 were mailed on February 10, 2011 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), the conversion of an existing 3,740 square -foot
commercial unit to a restaurant 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 site was developed in 1990 with a three -story, 61,800 square -foot commercial
building, and two freestanding restaurants totaling 12,600 square -feet. The subject unit
is located on the ground floor at the southeast corner of the three -story commercial
building, and has been vacant since 2008. It was last occupied by Bank of America
Mortgage from 2003 to 2008. There are several active Conditional Use Permits at this
center:
CUP 89 -07 for a 5,171 square -foot restaurant with seating for 170 persons (dba:
Capital Seafood).
CUP 89 -08 for a 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 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
persons and a parking modification of 428 spaces in lieu of 446 spaces required
(dba: Subway).
CUP 91 -12 for a 1,640 square -foot restaurant with seating for 18 persons and a
parking modification of 428 spaces in lieu of 455 spaces required (dba: Golden
Dragon).
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).
CUP 10 -06 to increase the seating at a 1,640 square -foot restaurant from 18
persons (CUP 91 -12) to 48 persons (dba: Golden Dragon Restaurant).
CUP 10 -13 for an 822 square -foot covered patio addition to an existing 5,171
square -foot restaurant (CUP 89 -07) and a parking modification of 424 spaces in
lieu of 494 spaces required (dba: Capital Seafood).
CUP 10 -14
411 E. Huntington Drive, #101C
February 22, 2011 page 2
PROPOSAL AND ANALYSIS
The applicant is proposing a new restaurant with seating for up to 180 patrons in an
existing 3,740 square -foot unit in the existing 74,400 square -foot commercial center at
411 E. Huntington Drive (Arcadia Landmark Center). The proposed operating hours
are Monday Thursday from 11:00 a.m. to 10:00 p.m., Friday and Saturday from 11:00
a.m. to 11:00 p.m., and Sunday from 9:30 a.m. to 10:00 p.m.
The 74,400 square -foot commercial center consists of two freestanding restaurants
totaling 12,600 square -feet, and a three -story, 61,800 square -foot main building with
retail and restaurants on the ground floor, and offices on the second and third floors.
The subject unit is located on the ground floor at the southeast corner of the three
story, 61,800 square -foot commercial building. Pedestrian access to the second and
third floor offices and parking structure is provided by a central lobby. Within the lobby
is an elevator and escalators for the second and third floors. The walking distance from
the subject unit to the lobby entrance is approximately 250 -feet. The vehicular entrance
to the parking structure is located at the northwest corner of the property.
The subject property has 424 on -site parking spaces; 171 surface parking spaces and
253 parking spaces in a three level parking structure at the north corner of the
triangular- shaped property. By Code, the subject commercial center has a current
parking deficiency of 70 spaces: 424 on -site parking spaces in lieu of a requirement of
494 spaces. These parking numbers include the changes approved by CUP 10 -13 that
was approved on January 11, 2011, which reduced the total number of parking spaces
from 428 spaces to 424 spaces.
The subject unit as a retail use would have a parking requirement of 18.7 spaces based
on a code requirement of 5 spaces per 1,000 square -feet of gross floor area. A
restaurant that is less than 5,001 square -feet in size has a parking requirement of 10
spaces per 1,000 square -feet of gross floor area, which equals a parking requirement of
37.4 spaces for the proposed 3,740 square -foot restaurant, or a doubling of the parking
requirement. With the proposed restaurant, the commercial center would have a total
parking deficiency of 88 spaces; 424 spaces in lieu of 512 required. The following table
lists the parking requirement of the site with the proposed restaurant:
Parking Requirements for the Arcadia Landmark
Approx.
Type of business Sq. Ft.
Ground Floor Retail 21,914
Medical 1,121
2 Restaurants with <5,001 sq.ft. 2,678
2 Restaurants with 25,001 sq.ft. 12,593
1 Fast Food Eating Establishment 1,090
2 3rd Floor Offices 29,522
Art Studio/Test Prep. Center 2,670
Proposed Restaurant at Unit #101C 3,740
Totals 74,400
Center with the Proposed Restaurant
Parking Spaces
Ratio Required
5/1,000 109
6/1,000 7
10/1,000 27
15/1,000 189
15/1,000 16
4/1,000 119
1 /employee 1/3 students 8
10/1,000 37
512
CUP 10 -14
411 E. Huntington Drive, #101C
February 22. 2011 page 3
Because of the on -site parking deficiency and concerns about traffic circulation impacts
of the project, staff requested a traffic impact study of this proposal. A study was
prepared by K2 Traffic Engineering, Inc. based on observations of the site taken on
January 6, 2011. The results are summarized as follows:
The proposed restaurant would generate an estimated 2 inbound and 2
outbound trips in the a.m. peak hour (7:30 a.m. to 8:30 a.m.) and 19 inbound
and 9 outbound trips in the p.m. peak hour (4:45 p.m. to 5:45 p.m.). The
proposed restaurant would have no significant traffic impact to the intersections
in the immediate vicinity adjacent to the project site, or to traffic flow along
Huntington Drive.
The three driveways accessing the shopping center are functioning properly
during peak hours and appear adequate to handle the additional traffic
generated by the proposed restaurant use. The driveway from Gateway Drive
was found to have the highest traffic volumes of the three driveways, with 58
inbound and 72 outbound trips at the noon hour, and 42 inbound and 90
outbound trips at the 4:45 p.m. peak hour. The eastern most driveway nearest
to the proposed restaurant was found to have the second highest traffic volumes
with 74 inbound and 26 outbound trips at the noon hour, and 49 inbound and 18
outbound trips at the 4:45 p.m. peak hour.
Using estimates based on a parking survey conducted in October 2010, the
existing on -site parking appears sufficient to accommodate the increased parking
demand generated by the proposed restaurant. The authors of the traffic impact
study recommend additional signage be installed to promote awareness and
usage of the parking structure.
Recent site visits by staff found that the surface parking lot is generally busy during
daytime business hours, but approximately 25% of the surface parking spaces remain
vacant. The parking in the structure was found to be much underutilized during both
daytime business hours and evening hours with approximately 75% of the spaces
vacant, and the subterranean level is the least utilized part of the structure. The
subterranean level in particular, has an unkempt appearance and is poorly illuminated.
The exterior entrance to the subterranean level is blocked by a locked gate, and one of
the stairway doors does not open. Access to this level may be restricted due to security
concerns because of its lack of use.
Given the existing parking usage pattern, greater usage of the parking structure should
be promoted to more readily accommodate the proposed new restaurant. As a
condition of approval, staff is recommending that prior to the proposed restaurant
beginning operations, additional signage be provided to direct patrons to the parking
structure. Staff will also be requiring that the locked gate and door to the subterranean
parking level be in compliance with all applicable safety code requirements. To make
the parking structure safer and more inviting to patrons and employees, staff is
recommending as a condition of approval that the lighting be improved on all levels and
at all access places.
CUP 10 -14
411 E. Huntington Drive, #101C
February 22, 2011 page 4
Staff has concerns about the impact of the proposed restaurant on the availability of the
parking spaces in front of the three -story commercial building in the vicinity of the
proposed restaurant. These spaces are currently marked as 15- minute only parking so
that customers can conveniently access the first -story retail businesses. The property
manager of the Landmark Center has stated that there is parking enforcement of the
15- minute restriction on weekdays between 10 a.m. and 8 p.m., and on Saturdays
between 7 a.m. and 10 p.m. Continued enforcement and monitoring of these time
restrictions will avoid these spaces being used by dine -in patrons of the proposed
restaurant. The current signage indicating the 15- minute time restriction is not highly
visible, therefore staff is recommending as a condition of approval that additional
signage in the form of painted wheel -stops be added to more clearly delineate the 15-
minute only parking restriction.
The remainder of the surface parking lot is currently unrestricted, which allows
employees to park in the surface lot rather than the parking structure. The property
manager of the Landmark Center has stated that a condition of their lease agreements
requires that all tenants and employees park in the parking structure. The property
manager states that the majority of tenants abide by this requirement. As an additional
method of discouraging employees from using the surface parking lot, staff discussed
the possibility restricting the rest of the surface parking to a 2 -hour maximum. However,
the property owner is not in favor of further restricting the surface parking lot, as they
have concerns that this would discourage patronage of the existing restaurants. The
property manager for the Landmark Center has agreed to have their parking
enforcement more strictly monitor the employee parking.
It is staffs opinion that with the above conditions of approval and increased monitoring
and enforcement of the parking by the property management, the existing parking will
adequately accommodate the additional parking and traffic demands of the new
restaurant.
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 of an existing facility 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.
CUP 10 -14
411 E. Huntington Drive, #101C
February 22, 2011 page 5
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 CPD -1 zones
with an approved Conditional Use Permit per Sections 9260.1.12.(13) and
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 restaurant will increase the parking requirement by 18
spaces; a 3.6% change for an overall parking deficiency of 88 spaces, which based
on an independent traffic study is insignificant in this case and will be even further
mitigated by the conditions of approval.
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. Based on an independent
traffic study, Huntington Drive to the south of the site, Gateway Drive to the west,
and the nearby intersections are adequate to serve the existing shopping center with
the new restaurant.
5. That the granting of such Conditional Use Permit 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.
It is staff's opinion that this restaurant proposal with the recommended conditions of
approval satisfies each prerequisite condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 10 -14, subject to the following conditions:
1. The restaurant shall be limited to a maximum dining capacity of 180 seats.
2. 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.
3. No live music or entertainment is allowed under this Conditional Use Permit.
CUP 10 -14
411 E. Huntington Drive, #101C
February 22, 2011 page 6
4. This approval of CUP 10 -14 includes a parking modification of 18 spaces, but is not
an approval of a general reduction of the parking requirements for the subject
commercial space, the subject building, or the subject site.
5. Prior to the proposed restaurant beginning operations, the parking lot signage shall
be enhanced to the satisfaction of the City Engineer to direct patrons to the parking
structure.
6. Additional and /or enhanced signage for the '15- minute only' parking spaces shall be
provided to the satisfaction of the City Engineer.
7. The parking structure lighting shall be enhanced to the satisfaction of the
Development Services Director or designee.
8. The use approved by CUP 10 -14 is limited to this restaurant, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 10 -14, 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 /or neighboring
businesses or properties observed during these inspections.
9. 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.
10. 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 restaurant.
11. 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.
12. Approval of CUP 10 -14 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.
CUP 10 -14
411 E. Huntington Drive, #101C
February 22, 2011 page 7
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.
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 22, 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:
Jim Kas a
Co unity Development Administrator
Attachments: Aerial Photo with Zoning Information
300 -foot Radius Map
Photos of Subject Property
Plans
Traffic Study Executive Summary
Preliminary Exemption Assessment
CUP 10 -14
411 E. Huntington Drive, #101C
February 22, 2011 page 8
CPD -1
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(626) 350 -5944
OWNERSHIP OCCUPANTS UST
RADIUS MAPS LAND USE. PLANS
MUNICIPAL COMPLIANCE CONSULTING
12108 LAMBERTAVE.EL MONTE, CA61732- FAX(626)380.1
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PROJECT INFORMATION
411 E. HUNTINGTON DR.
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Proposed Restaurant February 8, 2011
411 E. Huntington Drive, 101C, Arcadia Focused Traffic Impact Study
Focused Traffic Impact Study for
Proposed Restaurant
411 E. Huntington Drive, #101C, Arcadia
Prepared under the supervision of
Jende Kay Hsu, P.E., T. E.
Lic. T2285
February 8, 2011
K2 Traffic Engineering, Inc. 1
Proposed Restaurant February 8, 2011
411 E. Huntington Drive, 101C, Arcadia Focused Traffic Impact Study
EXECUTIVE SUMMARY
Based on the full trip generation, without pass -by reductions, the project would generate
2 inbound and 2 outbound trips in the AM peak hour, and 19 inbound and 9 outbound
trips in the PM peak hour. The project should have no significant traffic impact to the
intersections in the immediate vicinity adjacent to the project site. The intersection
maintains level of service "C" or better in AM and PM peak hours for each of the studied
scenario. Mitigation measure is not required for the project.
Parking regulation of the City of Arcadia requires 10 spaces per 1,000 sq. ft. of gross
floor area for restaurants /bars containing Tess than 5,001 sq. ft. of floor area. The
proposed restaurant has 3,740 sq. ft. and the parking requirement is 37 parking spaces.
A parking count performed by JWL Associates in October 2010 found that there are at
least 150 parking spaces available at any time during the week of survey. Parking
facilities at Landmark Center should sufficiently accommodate the additional parking
generated by the proposed restaurant.
Landmark Center has been designed for all tenants and customers to share surface
parking (181 spaces) and the parking structure (248 spaces). All units in Landmark
Center are within 300 feet walking distance from the lobby connecting to the parking
structure. There are limited parking spaces in close vicinity to the proposed restaurant.
It is recommended that additional signage be installed to promote awareness and usage
of the parking structure.
There are three driveways to the site, including a driveway connecting Gateway Drive
and two driveways to Huntington Drive. All driveways appear functioning properly during
peak hours and adequate to handle the traffic. The existing two way -left-turn lane on
Huntington Drive appears adequate to accommodate left-turn traffic. All driveways
appear to provide adequate corner sight distance.
!C^ Traffic Engineering, Inc. 2
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 -14 to allow a 3,740 square -foot restaurant with seating for up to
180 patrons at an existing 74,400 square -foot commercial center (Arcadia Landmark Center).
2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or TA' topographical map identified by quadrangle name):
411 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: Tony Leung
(2) Address: 8450 E. Valley Blvd, #122B
(3) Rosemead, CA 91770
4. Staff Determination:
(3) Phone: (626) 375 -0660
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: February 1, 2011 Staff: Tim Schwehr, Assistant Planner
Jaeseyorated
Av{aet 3, 003
February 18, 2011
MEMORANDUM
Development Services Department
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
y 1
SUBJECT: Conditional Use Permit CUP 10 -18 for the expansion of the existing day
spa located at 72 Live Oak Avenue
Information regarding compliance with previous Code violations could not be confirmed
with the applicant. Therefore, Staff requests that this item be continued to a future
meeting.
email: arcadiac @pacbell.net
388 West Huntington Drive, Arcadia, CalififriMill 1 'mentUwlsloi�
November 15,201fTeI: (626) 447 -2159 Fax: (626) 445 -0273
City of Arcadia
Economic Development Manager, Jerry Schwartz
RE: Temporary Banners Letter dated Oct 19, 2010
rr rr
E IIIIII[IuhtIEIIIIII IIlIII[IfII IflE
ARCADIA
CHAMBER OF COMMERCE
Received
NIP 1 i?4 EI
navc ,I n whygfitsc e lciimbamber.com
Dear Jerry,
Enclosed is the chamber report from the survey on temporary banners. Unfortunately, the Asian business
community did not respond. I will submit the report now, but today I will also send out a chamber email
blast to the businesses I know for sure are Asian owned or managed. If there is any response, you will
receive it as an addendum before November 20.
My personal opinion is that as a former restaurant owner in Arcadia for nearly 30 years, 15 days is too
short. Banners cost money and 15 days just is not long enough. However, 30 days to correct a non-
compliant temporary banner is too long, and I agree with the 5 day compliance limit, with the issuance of
a citation if the deadline is not met and the city must be firm on the deadline.
It also seems to be a consensus of opinion that 30 days per calendar year limit is not long enough, with 90
and 120 days mentioned as more reasonable. Probably there should be a specific span of time between
hanging of temporary banners. (Not closer together than 60 days between hanging banners.) There needs
to be clause that if the banner becomes tom, defaced or tangled, it must come down immediately.
Applying the 2/3:1/3 Roman alphabet ratio requirement to temporary banners is critical and must be part
of the proposal. Please read the letter from Joanne Schwartzer regarding foreign language translation, too.
Especially in these very hard economic times, in order to move Arcadia towards being more business
friendly, rather than take away some of the advertising possibilities from our mostly small merchants, we
need to give them more opportunities to advertise. If the city tightens up the compliance rules, and opens
the window of opportunity to advertise (90 days for example), we will win PR kudos.
Questions: How much does the city charge a business to hang a temporary banner? Are there any
restrictions as to banner size, color, or where the banner is hung? What about the sidewalk signs are
they restricted the same as permanent signs or in the same vein as temporary banners?
The "approval sticker" on the front of the banner is a terrific idea and should meet with no resistance.
Updating the temporary banner regulations is important to the aesthetics of the business districts and for
the viability of our city merchants. Thank you for including the chamber in your quest.
See you at City Council,
y Beth Costanza, Executive Director Arcadia Chamber of Commerce
1.
Name or description of project:
Text Amendment No. TA 11 -02
2.
Project Location Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15' or 7 1/2'
topographical map identified by
quadrangle name):
Citywide
3.
Entity or person undertaking
project:
A. City of Arcadia
Development Services Department
Contact: Thomas Li, Associate Planner
B. Other (Private)
(1) Name
(2) Address
4.
Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
The proposed action does not constitute a project under CEQA.
a. IN
b.
The project is a Ministerial Project.
c.
The project is an Emergency Project.
d.
The project constitutes a feasibility or planning study.
The project is categorically exempt.
e.
Applicable Exemption Class: 05
f
The project is statutorily exempt.
Applicable Exemption:
g.
The project is otherwise exempt
on the following basis:
h.
The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: February 1, 2011
Preliminary Exemption Assessment\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Staff: Thomas Li, Associate Planner
FORM "A"
RESOLUTION NO. 1828
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, DENYING 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 WITH 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 be detrimental to the public
health or welfare, or injurious to the property or improvements in such zone or vicinity because
the existing on -site parking is inadequate to support the proposed conversion from a take -out
food service to a restaurant.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized; however, the applicant could not satisfy the parking
requirements or provide an alternative method to mitigate the parking deficiency for the
requested Conditional Use Permit as specified in Section 9269.5 et seq. of the Arcadia
Municipal Code.
3. That the site for the proposed use is not adequate in size and shape to
accommodate the proposed restaurant use due to inadequate on -site parking and the project
did not satisfy the city's parking requirements.
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 described as proposed 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 denies Conditional Use
Permit No. CUP 10 -20 (3 -1 dissenting) to convert the existing take -out eating establishment to a
restaurant use with a dining area for 20 patrons at 142 E. Huntington Drive.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
ATTEST:
Passed, approved and adopted this day of 2011.
Secretary, Planning Commission
APPROVED AS TO FORM:
5-( P.
Stephefi P. Deitsch, City Attorney
Chairman, Planning Commission
2 1828
RESOLUTION NO. 1829
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, DENYING 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, #D.
WHEREAS, on October 11, 2010, a Conditional Use Permit application was
filed by Terence Kwok for a new 1,714 square -foot martial arts studio with a
maximum of 2 instructors and 12 students at any one time, Development Services
Department Case No. CUP 10 -12, at 921 S. Baldwin Avenue, #D; and
WHEREAS, a public hearing was held 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 HEREBY 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:
A. That the granting of the Conditional Use Permit would be detrimental to
the public health and welfare, and injurious to the property and improvements in the
zone or vicinity because the existing on -site parking facilities are inadequate to
support the proposed martial arts studio.
B. That the use applied for at the location indicated is properly one for
which a Conditional Use Permit is authorized; however, the applicant could not
satisfy the parking requirements for the requested conditional use as specified in
Section 9269.5 et seq. of the Arcadia Municipal Code.
-1- Resolution No. 1829
C. That the site for the proposed use is not adequate in size and shape to
accommodate said use due to inadequate on -site parking.
D. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed use, but the on-
site parking is insufficient to accommodate the proposed use.
E. That the granting of such Conditional Use Permit will adversely affect the
comprehensive General Plan because there is insufficient on -site parking to
accommodate the proposed use, which would be detrimental to the public welfare.
F. That the proposed project is a minor alteration of an existing facility and
is therefore exempt from the California Environmental Quality Act (Class 3
Categorical Exemption, Section No. 15303).
SECTION 3. That for the foregoing reasons this Commission denies
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 Ave., #D.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
ATTEST:
Passed, approved and adopted this day of
Secretary, Planning Commission
A ROVED AS TO P.
Stephen P.
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
2011.
-2- Resolution No. 1829
The Planning Commission of the City of Arcadia met in regular session on Tuesday, February 8,
2011, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive
with Chairman Parrille presiding.
PLEDGE OF ALLEGIANCE
Chairman PerriIle led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Commissioners Baderian, Baerg, Chiao and Perrille
ABSENT: Commissioner Beranek
It was moved by Commissioner Baderian, seconded by Commissioner Baerg to excuse
Commissioner Beranek. Without objection the motion was approved.
OTHERS ATTENDING
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Senior Planner, Lisa Flores
Assistant Planner, Tim Schwehr
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
There were none.
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, February 8, 2011, 7:00 P.M.
Arcadia City Council Chambers
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 -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.
Assistant Planner, Tim Schwehr, presented the staff report.
Commissioner Baderian expressed concem that there have recently been several projects
brought before the Commission that have parking deficiencies, including both of the projects
on the present agenda.
Chairman Parri lle said he was concerned about the queuing of cars on Baldwin Avenue for
drop -off and pick -up of students. He asked what measures would be taken to avoid this
problem in addition to providing notices to parents.
Commissioner Baerg asked how the patchwork of operating hours defined in
Recommendation 2 in the Staff Report could be enforced. Mr. Schwehr explained that staff
would respond to complaints from neighboring businesses for enforcement of business
hours.
Commissioner Chiao suggested that relying on neighboring businesses to complain about
business hours before Code Services could react would be problematic for those neighbors.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this project.
Mr. Terence Kwok, the applicant, explained that parents would only be dropping off and
picking up students during class hours. He also asked if the Friday and Sunday operating
hours defined in item 2 of the Recommendations could be expanded to allow additional
classes.
Chairman Parrille asked if parents of new students are asked to sign an agreement about
the traffic and parking rules before their children begin attending classes. Mr. Kwok said
that parents are required to sign an agreement and they will receive written parking
instructions as well. In addition, a sign with parking instructions will be posted on the back
door.
Commissioner Baderian asked Mr. Kwok to restate the preferred hours of operation. Mr.
Kwok explained the hours as defined in item 2 of the Recommendations as follows:
Eliminate the restriction on Friday nights and change the Saturday restriction to 11:00 a.m.
to 2:00 p.m.
Commissioner Baderian asked Mr. Kwok if he had seen the traffic study and who was
responsible for choosing the dates of the study. Mr. Kwok said that he was familiar with the
study and that he chose the dates, but that that week may have been particularly busy
because it is the week after Thanksgiving.
Commissioner Baderian asked why the study was conducted during the week after
Thanksgiving. Mr. Kwok explained that although that is a very busy week for the restaurants
in the center, he wanted to be ready for a Planning Commission meeting as soon as
possible. Mr. Kwok suggested that a new parking study could be repeated at a time when
there is no holiday traffic.
Commissioner Baderian asked Mr. Kwok if requiring parents to sign a form regarding
parking instructions will be effective. Mr. Kwok said that along with instructing parents, they
can assign certain spaces that are limited to five minutes for pick-up and drop -off of
students.
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Chairman ParriIle asked if anyone wanted to speak in opposition to this project.
There were none.
MOTION:
It was moved by Commissioner Baderian to close the Public Hearing. Without objection the
motion was approved.
Commissioner Baderian said that he is reluctant to approve a project that would increase
parking deficiencies. He also expressed concern about the applicant asking to modify the
limitation on operating hours on Fridays and the fact that there are no plans for on -going
monitoring of parking and traffic.
Commissioner Baerg agreed that the parking lot situation is not suitable and the applicant's
request to change operating hours on Fridays suggests that he may not be willing to
conform to the conditions recommended in the Staff Report.
MOTION:
It was moved by Commissioner Badenan, seconded by Commissioner Baerg, to deny
Conditional Use Permit Application No. CUP 10-12, and to direct staff to prepare the
appropriate Resolution.
ROLL CALL
AYES: Commissioners Baderian, Baerg, Chiao and Parri Ile
NOES: None
ABSENT: Commissioner Beranek
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 establishment to a restaurant with a dining
area for 20 patrons.
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
Senior Planner, Lisa Flores, presented the staff report.
Commissioner Baderian asked when the business was opened and when tables and chairs
were installed.
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Ms. Flores said the business first opened in November of 2010 as a take -out only
establishment and tables and chairs were added in December.
Commissioner Baderian asked to confirm that tables and chairs were not in compliance with
the conditions of the business license. Ms. Flores said that the applicant was cited by Code
Services and asked to remove the tables and chairs or to apply for a Conditional Use
Permit.
Commissioner Baderian asked if the tables and chairs are still there and if the applicant was
aware that they were not allowed. Ms. Flores said that the tables and chairs were removed
and that the applicant was aware that they were not allowed.
Commissioner Baderian noted that according to the parking study there will be only 106
parking spaces instead of the required 201 and he felt that this would create an adverse
impact on parking. He asked if a parking study had been conducted. Ms. Flores said the
parking study was included in the staff report and it covered the hours of 11:00 a.m. to 10:00
p.m.
Chairman Parrille asked if the required 201 parking spaces excluded spaces at the
development at the corner and Ms. Flores confirmed that those spaces were not included
because that is a separate parcel.
Chairman Parrille noted that the parking study was done in January when business is slower
and that a more accurate picture of parking use might be obtained in the summer.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this project.
Michael Chew, project designer, explained that the peak business hours are during evenings
rather than at lunchtime and that most of the stores in the center are closed in the evening.
Raymond Kwan, the son of the business owner, explained that most of their business is
from high school students who walk to the store after school and don't use parking spaces.
Commissioner Baderian asked Mr. Kwan if the owner was aware when receiving the
business license that no tables and chairs were allowed. Mr. Kwan said they were aware of
this stipulation but the lack of seating was detrimental to their business.
Commissioner Baderian asked Mr. Kwan if the owner contacted the city when they decided
to install tables and chairs. Mr. Kwan said they did not. He explained that they initially
opened the business in July, did a change of ownership to a partnership in November and
added seating, and in December they were cited.
Commissioner Baderian asked Mr. Kwan what their peak hours are and Mr. Kwan said their
business peaks after school.
Chairman Parrille asked if anyone wanted to speak in opposition to this project.
There were none.
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MOTION:
It was moved by Commissioner Baderian to close the Public Hearing. Without objection the
motion was approved.
Commissioner Baderian said that he is not able to support this project because of the
deficiency in parking.
Commissioner Baerg pointed out that it appears that the deficiency is on paper only and that
in reality there is sufficient parking. He said that as long as the applicant is limited to only
five tables he is willing to support the project.
Commissioner Chaio noted that the pictures of the waiting area show lots of space for tables
and chairs and he speculated that the applicant may have always intended to add them. He
added that he agreed with Commissioner Baderian that the project did not satisfy city
parking requirements.
Chairman Perri Ile also expressed concern with the deficiency of over 100 spaces and the
fact that the survey was not conducted during a busy time.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to deny
Conditional Use Permit No. CUP 10-20 and to direct staff to prepare the appropriate
Resolution.
ROLL CALL
AYES: Commissioners Baderian, Chiao and Parri lle
NOES: Commissioner Baerg
ABSENT: Commissioner Beranek
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
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.
4. MINUTES OF JANUARY 11, 2011
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Chiao, to adopt
Resolution No. 1827 and to approve the minutes of January 11, 2011, as presented.
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ROLL CALL:
AYES: Commissioners Baderian, Baerg, Chiao, and PerriIle
NOES: None
ABSENT: Commissioner Beranek
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
There were none.
MODIFICATION COMMITTEE AGENDA
Chairman PerriIle reported that there were two items on the Modification Committee agenda
both requesting reduced side yard setbacks. They were both approved.
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
Mr. Kasama reported that the City Clerk found that the Planning Commission meetings were
officially supposed to begin at 7:15 and asked if the Commissioners would be agreeable to
changing the official start time to 7:00 p.m. The Commissioners agreed and a Resolution will be
presented to the City Council for adoption.
Mr. Kasama said that there are two Conditional Use Permits scheduled for the next Planning
Commission meeting; one is for the expansion of an existing day spa and the other is for a new
restaurant.
ADJOURNED 7:40 p.m.
ATTEST:
Secretary, Planning Commission
Chairman, Planning Commission
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