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HomeMy WebLinkAboutItem 1b: Appeal of Planning Commission Denial of CUP 10-20 to Convert the Existing Take-out Establishment to a Restaurant at 142 E. Duarte Road OF APC v' r L' FO kN j g 1 e: Ilk Au�ueP5r V, 04 uai ty °I I° S AFF REPORT Development Services Department DATE: March 15, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director) By: Jim Kasama, Community Development Administratog4 Prepared By: Lisa Flores, Senior Planner A' SUBJECT: AN APPEAL OF A DENIAL BY THE PLANNING COMMISSION OF CONDITIONAL USE PERMIT APPLICATION NO. CUP 10 -20 WITH A PARKING MODIFICATION TO CONVERT THE EXISTING 2,274 SQUARE -FOOT, TAKE -OUT FOOD SERVICE ESTABLISHMENT TO A RESTAURANT AT 142 E. DUARTE ROAD (DBA: TASTY TOGO). Recommendation: Uphold Appeal and Approve CUP 10 -20. SUMMARY The subject application was filed by Mr. 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). Attached are an aerial photo and site plan of the subject property, a floor plan of the proposed restaurant, and photos of the interior of the subject unit. The Development Services Department recommended approval of the application, subject to the conditions of approval listed in this staff report. The Planning Commission denied the application and the applicant subsequently filed an appeal to the City Council. The appeal letter is attached. BACKGROUND On February 8, 2011, the Planning Commission voted 3 -1 with one Commissioner absent to deny Conditional Use Permit Application No. CUP 10 -20 for a 2,274 square - foot restaurant with seating for 20 patrons at the subject location. Staff's recommendation was for approval with the conditions that are listed in the staff report. The February 8, 2011 staff report is attached. (The attachments to the Planning Commission staff report have been omitted to avoid duplication of attachments.) The Planning Commission's decision to deny the application was based on the existing parking shortage at the property, and a concern that this project would worsen the parking problem. An excerpt of the minutes of the February 8, 2011 Planning Commission meeting is attached. On February 22, 2011, the Planning Commission adopted the attached Resolution No. 1828 for the denial of the Conditional Use Permit Application. Mr. Kwan appealed the Planning Commission decision within the prescribed five, working -day appeal period. The subject unit is located within an existing commercial strip center constructed in 1966 with 112 parking spaces and was originally anchored by an Alpha Beta grocery store. A site plan and proposed floor plan of the subject property are attached. In 1991, the subject unit was occupied by a martial arts studio through Conditional Use Permit No. CUP 91 -002 that included a parking modification for 109 on -site spaces in lieu of 212 spaces required for the shopping center. The martial arts 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, although it shares vehicular accessways. The center is currently anchored with a 99¢ Only Store. The other units are occupied by small retail uses and three restaurants. The three restaurants were approved by the following conditional use permits: • CUP 82 -10 for a 674 square -foot restaurant with a maximum of 3 tables and a parking modification to allow 109 spaces in lieu 112 spaces required for 150 E. Duarte Road (dba: Teriyaki House). • 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). DISCUSSION The appellants are requesting that the City Council overturn the Planning Commission denial to convert the take -out only business to a restaurant. The proposed floor plan shows tables and chairs for 16 people. The request, however, is for 20 people if possible, based on Building and Fire Codes. 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. It is expected that there will not be more than five employees during each shift, and no alteration is proposed to the exterior of the building. As stated in their appeal letter (attached) the appellant is deeply apologetic for placing tables and chairs against the City code and that it was never their intention for their business to become a restaurant as reflected in the name of their business (dba: Tasty Togo). They further state that it would be almost impossible for the business to survive without any tables and chairs since many of their customers have expressed to them that they will not return if there is no place to sit and eat their food. Staff has observed that some customers eat at the condiment counter standing up or in their vehicles. This Appeal of CUP 10 -20 142 E. Duarte Road March 15, 2011 — page 2 is the only food service establishment in the subject shopping center that does not have tables and chairs for the patrons. The existing commercial center currently contains a mix of retail uses and restaurants. Several Conditional Use Permits and Parking Modifications have been approved for this center and there is currently a parking deficiency of 83 spaces; 107 spaces in lieu of 190 spaces required. Pursuant to the City's current parking regulations, a restaurant requires 10 parking spaces for every 1,000 square feet of gross floor area. The space of the proposed restaurant is 2,274 square feet. This results in a parking requirement of 22.74 spaces, or 11 spaces more than the current retail take -out food service use. As a result, the parking deficiency at the center would increase by 11 spaces to 94 spaces; 107 spaces in lieu of 201 spaces required overall. The parking requirements of the center are summarized in the table below: 140 -160 E. Duarte Road Avenue Parking Requirements for Existing Uses and Proposed Restaurant Parking Unit # Current Use Sq. Ft. Required Notes 140 Retail — 99¢ Only Store 23,823 119.12 *142 Proposed Restaurant — Tasty Togo 2,274 22.74 144 Retail — Cleaners 1,335 6.67 146 -A Retail — Fashion for Less 845 4.22 146 -B Retail — Banana Wireless/T- Mobile 845 4.22 148 Restaurant — Eight Cafe 806 8.06 CUP 98 -08 (16 seats) 150 Restaurant — Teriyaki House 674 6.74 CUP 82 -10 (3 tables) 152 Retail — Fei Fashion Clothing 542 2.71 154 Retail — Your Neighbor's Closet Clothing 1,012 5.06 156 Retail — Lucy Salon 1,058 5.29 158 Retail — Printing & Signs 1,464 7.32 160 Restaurant — Lucky's Donuts 884 8.84 CUP 83 -18 (12 seats) Totals: 35,562 200.99 rzr. 201 *Subject unit 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 from Monday, January 10, 2011 to Sunday, January 16, 2011. The applicant recorded the number of occupied parking spaces at hourly intervals between 11:00 a.m. and 7:00 p.m. The parking demand was highest between 3:00 p.m. and 5:00 p.m. The applicant's survey shows an average of 38 available spaces at all times surveyed with 23 spaces being the lowest number available on Sunday afternoon between 3 -5 p.m., and 61 spaces being the most number of available spaces after 7:00 p.m. on Monday. At the February 8, 2011 Planning Commission meeting, the applicant stated that their peak business hours are after school and during evening hours rather than at lunchtime, and that most of the retail businesses are closed by 6:00 p.m. After the applicant appealed the Planning Commission decision, staff conducted additional site observations of the parking lot during weekday evening business hours. Staff found the parking lot to have between 27 and 45 available spaces during the afternoon and 65 to Appeal of CUP 10 -20 142 E. Duarte Road March 15, 2011 — page 3 78 spaces available during the evening hours after 5:30 p.m. Staff concurs with the applicant's parking survey, but it should be noted that most of the available parking spaces are the east end of the parking aisles. ANALYSIS Restaurants require conditional use permits, and traffic and parking concerns are addressed as part of the consideration of such applications. Generally, staff does not encourage uses that are deficient in parking. In this case; however, while the change from retail take -out only to a restaurant doubles the parking requirement for this business (11.37 spaces for retail vs. 22.74 for a restaurant) the increased deficiency from the code requirement can be accommodated by the existing parking supply. Also, staff has observed that having a limited amount of seating at convenience -based food service businesses does not result in an increase in the parking demand. Rather, it is the popularity of the business that increases parking demand. On February 8, 2011, the Planning Commission voted 3 -1 with one Commissioner absent to deny Conditional Use Permit Application No. CUP 10 -20 for a 2,274 square - foot restaurant with seating for 20 patrons at the subject location. The Planning Commission's decision was based on the existing parking shortage at the property, and a concern that this project would worsen the parking problem. No opposition was presented at the Planning Commission hearing. The attached email, however, was received on March 7, 2011 from Mr. Philip Wu of Eight Cafe at 148 E. Duarte Road to express his opposition to the proposed restaurant. 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. ENVIRONMENTAL ASSESSMENT The proposed 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(c) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. 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. Appeal of CUP 10 -20 142 E. Duarte Road March 15, 2011 — page 4 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 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. CONDITIONS OF APPROVAL 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. A "No Parking" sign shall be placed on the columns in front of the subject unit. 5. This approval of CUP 10 -20 includes a parking modification to allow for 107 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. Appeal of CUP 10 -20 142 E. Duarte Road March 15, 2011 — page 5 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. RECOMMENDATION It is recommended that the City Council overturn the Planning Commission's denial, and approve Conditional Use Permit Application No. CUP 10 -20 with the related parking modification to allow a 2,274 square -foot restaurant with seating for 20 patrons at 142 E. Duarte Road; state the supporting findings and environmental determination, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Council's decision, specific determinations and findings, and conditions of approval. nald Penman, City Manager Attachments: 1. Aerial Photo 2. Site Plan 3. Proposed Floor Plan 4. Photos of Interior of Subject Unit 5. Appeal Letter 6. Planning Commission Staff Report (Attachments omitted) 7. Minutes Excerpt from February 8, 2011 Planning Commission Meeting 8. Planning Commission Resolution No. 1828 9. Applicant's Parking Survey 10. Email in Opposition from Mr. Philip Wu 11. Preliminary Exemption Assessment Appeal of CUP 10 -20 142 E. Duarte Road March 15, 2011 — page 6 1 �k l ,, ,Id I ..1 T —.-- _' — H el . 41 , . , . I t M § F : g t / J m , , i , :` ,.` ' . s .I' - ... „.. , 11* .. .,, -' ' 1 : • !,,' r i •1 11 . I P C; r it ` S d 1 t � — . E e* 4 . d d • y y 7 a s e.. 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Dear Lisa Flores and City Council Team, Once upon a time when my wife and I first set foot upon American soil our dream was to start up our own Chinese take out. Our dream came true by opening Tasty To Go in our wonderful town of Arcadia! We both felt so happy and so lucky to be able to give back to Arcadia by wishing to open such a successful eatery for our community. It is also our wish to one day pass down this successful eatery to our one and only son, Raymond who was not able to finish college due to family hardship or find a job due to the current economy. Raymond has dedicated all his time and energy every day working extra long hours to help us create a successful business here. This is our legacy we wish to leave behind for Raymond and to the city of Arcadia. Now we are at a crossroads. First and foremost we wish to deeply apologize for our mistake of placing tables and chairs against city code. At the request of our customers, we added chairs and tables. With the addition of tables and chairs our business picked up tremendously! With respect, honor and humility we ask for your forgiveness so that we can all move forward to help our own family as well as the city of Arcadia. For now we have taken away the tables and chairs to conform to the city code for a fast food eatery. By doing so, our business has definitely shown a tremendous decline. Now our customers feel upset again that there isn't a place to sit to eat their food and they also have expressed that they will not come back. This is very disheartening for our family! We are faced with many hard and difficult obstacles now on top of being in this recession. With this added stress and loss of sleep which is causing us to be in poor health... we do not know where to turn for help except to humbly plead to you to help us now! We feel s0000000 worried wondering.... How do we pay back our huge loan we took out to open Tasty To Go? How do we build up our business again without tables and chairs for our loyal customers? How can we survive this downturn economy without a job? How can we support ourselves and our family now? With due respect and honor we wish to ask you to please approve our request for tables and seating for 16 patrons to help start up our business again. We truly feel that our dream will be able to come true again! We are very hard working and we will do our best to make Tasty To Go a successful eatery again! We cannot just walk away from our hard earned dream or quit or give up! Let's all come together as a team to give us this opportunity to be a positive happy and successful business for our community. We have learned through our mistake and we promise we will comply with city code to move forward from here. We are happy to know that there is enough parking spaces for us as a result of our survey findings. And we heard the good news that there is a solution on the table waiting to be approved by the city council that would help our current situation and we can still be within city code! We are open and ready to go with any ideas and suggestions you can give us now to start up fresh and clean and anew! We still have hope and faith and trust in our city council team along with Lisa Flores to help us resolve this in a win /win fashion so that we can give back to Arcadia a very successful eatery! Thank you so very much. We truly appreciate your time and energy you are investing to help us resolve this situation so that we can continue to give back to our city through our hard work at Tasty To Go. We sincerely apologize and we truly wish to learn from our past mistake plus make changes for the better and move forward into a happy successful future for all. Sincerely with many blessings and much love, Sammy and Shirley Kwan RECEIVED FEB 17 2011 Planning Services City of Arcadia of ARc CJ~ s � 1 ti 3 r 0 R A , t l 9 f • Avyu�, 5, IY03 ,s.,,,, ,,,,e °niry of IV STAFF REPORT Development Services Department February 8, 2011 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 990 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 less 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. There will be no more than five employees during each shift, and no alteration is proposed to the exterior of the building. CUP 10 -20 142 E. Duarte Road February 8, 2011 — page 2 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: Use Area (S.F.) Required Parking Required Parking Ratio 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 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 three other active Conditional Use Permits at this property: • CUP 82 -10 for a 674 square foot restaurant with a maximum of 3 tables and a parking modification to allow 109 spaces in lieu 112 spaces required for 150 E. Duarte Road (dba: Teriyaki House). • 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 less 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: / - 4 yTt asama ommunity Development Administrator Attachm : Resolution No. 1828 oto and Vicinity Map with Zoning Information 300- sius Map Photos Parking Sury y�T Preliminary Exerts• At• i ssessment Architectural Plans .. . nd reduced sizes) CUP 10 -20 142 E. Duarte Road February 8, 2011 — page 6 0F • A, MINUTES ARCADIA PLANNING COMMISSION E Tuesday, February 8, 2011, 7:00 P.M. /•• Arcadia City Council Chambers whey ocr - EXCERPT - 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. Senior Planner, Lisa Flores, presented the staff report. Commissioner Baderian asked when the business was opened and when tables and chairs were installed. 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. 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 Chiao 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 Parrille 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 Parrille NOES: Commissioner Baerg ABSENT: Commissioner Beranek EXCERPT FROM PC MINUTES 2 -8 -11 Page 2 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. Passed, approved and adopted this day of Est 13 ku A j , 2011. 14 n, tinning Commission ATTEST: etary, Planning Commission APPROVED AS TO FORM: iditt StepheR P. Deitsch, City Attorney 2 1828 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA 1, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1828 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 22nd day of February, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None ABSENT: None Sept tiry of the Planning Commission 0 E a Lip Ln O � o _0 CL. a _C V v ° n on o as : v = 0.) ,_ @ (� ro a N > _ CO Q a c a co 0) (/7 Ln U - O p > 4 Q o p (n Y O >s L 0 . , _ ea co a 0 O O O a .� H I- O Ln 2 0 o E a � Ln o r 0 0 � a c a) c a) . , a) a 4- a p Q o 0 E ' - + O N o 00 0 a L!, ,-t Ln N. Ln m cr r 0000 c 00 0o Ln 0 + 00 4- 1� � . 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V) Ln From: Philip Wu fmailto:philipwu @meritcall.coml Sent: Monday, March 07, 2011 3:04 PM To: Lisa Flores Subject: Reply in Writing for Public Hearing Dated march 15, 2011 for Permit No. CUP 10 -20 Reply to: Notice of Public Hearing for Ref.: Conditional Use Permit No. CUP 10 — 20 Dear Lisa Flores, Senior Planner, City Council, Planning Service of City of Arcadia; My name is Philip Wu. The owner of Eight Cafe, business located at 148 E. Duarte Rd., Arcadia CA 91006. The named Appellant and Applicant Raymond and Sammy Kwan as mentioned on <Notice of Public Hearing, dated March 15, 2011 >, currently is operating a take -away restaurant at 142. E. Duarte Rd., in the same 99¢ plaza as we are which has caused big concern to me, our business has suffered some losses since opening of this business at 142 E. Duarte Rd. The parking lots at this 99¢ plaza was very limited, and we surprised to know that they even got permit to open take -away restaurant at this location as all we know that the parking places at this plaza was very limited, most of parking seats were occupied by 99¢ shopper, and constantly shoppers of 99¢ shop were waiting for parking places during peak- hours, there were no available parking places for some of our customers during lunch time and dinner time (peak - hours from 11:30 am to 3:30 pm. And 5:30 pm to 7:30 pm). The current parking lots and any parking places in this plaza were only allowed to be used by its current businesses /customers, not for any new business, especially, the take -away restaurant at 142 E. Duarte Rd. Our business was went down about 20% since their opening..., if not stopping their further advance, we have left no choice, but to sell our business at this location... We strongly request City of Arcadia, and Commissioners of the Public Hearing dated March 15, 2011, to deny and prohibit any of use of the parking places of 99¢ plaza (parking lots) during any of the business hours except they can use their own parking places at 142 E. Duarte Rd. their own parking places are located at front of their doors. One more question for their Pool mark, not in compliant with City codes as Eight Cafe had same problem in the past for color issue for the pool mark, this take -away restaurant was using many different colors for their pool mark, needs to be correct as soon as possible. A formal letter has been mailed to City of Arcadia for attention of the City Councils and Planning Service of City of Arcadia. Thank you for your time to pay special attention to this matter, and all our neighbors at this plaza have requested me to write to your department for this matter to be taken into consideration urgently. Regards, Philip Wu President of Eight Cafe 148 E. Duarte Rd., Arcadia, CA 91006 t rO y t �f PRELIMINARY EXEMPTION ASSESSMENT ollo (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: 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 2nd Avenue 3. Entity or person undertaking project: ❑ A. City of Arcadia ® B. Other (Private) (1) Name: Raymond Kwan on behalf of General Chu, LLC (2) Address: 142 E. Duarte Road Arcadia, CA 91006 (3) Phone: (626) 318 -7392 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: 1 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 1