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HomeMy WebLinkAbout5-24-11PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING ITEMS — 5 minute time limit per person. PUBLIC HEARINGS All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony conceming any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. CUP 11 -07 ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -01 233 E. Huntington Drive Derby Restaurant Arcadia, Inc. The applicant is requesting a Conditional Use Permit to allow a 5,448 square -foot, two -story addition to an existing 6,458 square -foot, one -story restaurant (dba: The Derby). The addition will provide offices, storage, a food preparation area, and a new banquet room with seating for up to 175 patrons. RECOM MENDATION: Conditional Approval RESOLUTION NO. 1837 RECOMMENDATION: Adopt ARCADIA PLANNING COMMISSION AGENDA Tuesday, May 24, 2011, 7:00 P.M. Arcadia City Council Chambers A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 11 -07 & Architectural Design Review No. ADR 10 -01 to allow a 5,448 square -foot, two -story addition to an existing 6,458 square -foot, one -story restaurant at 233 E. Huntington Drive (dba: The Derby). There is a the working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Wednesday, June 1, 2011. 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 5 -24 -11 2. CONDITIONAL USE PERMIT NO. CUP 11 -08 556 W. Las Tunas Dr., Suite Nos. 106 & 107 Jennifer Lu The applicant is requesting a Conditional Use Permit to allow a 707 square -foot expansion of a•personal service use (Le., beauty salon, day spa, massage, etc.). The total salon area will be 1,650 square feet. RECOMMENDATION: Conditional Approval RESOLUTION NO. 1838 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 11 -08 for a hair salon expansion at 556 Las Tunas Drive, Suites 106 and 107. RECOMMENDATION: Adopt There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Wednesday, June 1, 2011. CONSENT ITEM 3. RESOLUTION NO. 1836 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 11 -03 for a restaurant with live entertainment, amplified D.J. music, and dancing at an existing 7,706 square -foot commercial building at 57 Wheeler Avenue. RECOMMENDATION: Adopt There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Wednesday, June 1, 2011. 4. MINUTES OF MAY 10, 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 5 -24 -11 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) PLANNING COMMISSION 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 5 -24 -11 SUMMARY STAFF REPORT Development Services Department May 24, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit No. CUP 11 -07 & Architectural Design Review ADR 10 -01 to allow a 5,448 square -foot, two -story addition to an existing 6,458 square -foot restaurant at 233 E. Huntington Drive (dba: The Derby). The addition will provide offices, storage, a food preparation area, and a new banquet room with seating for up to 175 patrons. The subject application was filed by Derby Restaurant Arcadia, Inc. for a 5,448 square - foot, two -story addition to the existing 6,458 square -foot restaurant at 233 E. Huntington Drive (dba: The Derby). The addition will provide offices, storage, a food preparation area, and a new banquet room with seating for up to 175 patrons. The Development Services Department is recommending approval, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Derby Restaurant Arcadia, Inc. LOCATION: 233 E. Huntington Drive REQUEST: A Conditional Use Permit for a 5,448 square -foot, two -story addition to an existing 6,458 square -foot restaurant. SITE AREA: 58,370 square -feet (1.34 acres) FRONTAGE: 196 feet along Huntington Drive EXISTING LAND USE & ZONING: The site is developed with a 6,458 square -foot restaurant and a 91 space surface parking lot. The site is zoned CPD -1, Commercial Planned Development. SURROUNDING LAND USES & ZONING: North: 5 -story hotel — zoned CPD -1 & H -5, Commercial Planned Development with a five -story height overlay South: 1 -story strip commercial building — zoned CPD -1 East: 1 -story restaurant — zoned CPD -1 West: 7 -story hotel — zoned CPD -1 & H -7 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 11 -07 were mailed on May 13, 2011 to the 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 proposed 5,448 square -foot addition to the existing 6,458 square - foot restaurant is Categorically Exempt under Section 15301(e)(2) of the CEQA Guidelines; therefore, the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The property was developed in 1931 when the existing restaurant building was relocated to the property from Foothill Boulevard. The restaurant is 6,458 square -feet in size and there is a 91 -space surface parking lot. Over the years, there have been a number of proposals approved to expand the original restaurant building (CUP 69 -10, CUP 83 -14, & CUP 84 -11). However, none of these proposed additions were constructed and the approvals have expired. An addition was approved and completed in 2001 for a 576 square -foot patio, and an Incidental Outdoor Dining Permit was approved in June of 2001 for the patio. A roof for the outdoor patio was approved in 2005 and again in 2008, however the construction was never begun and the approvals have expired. On November 10, 2010, the Planning Commission approved Conditional Use Permit No. CUP 10 -16 (Resolution No. 1825 — attached) to allow the interim use of a tent as a temporary cover for the outdoor dining area to accommodate as many customers as possible during the holiday season; 50 is the maximum occupancy of the patio area. In years past, the tent has been approved annually for the holiday season by a Special Event Permit. However, a Special Event Permit is not intended for longer than nine (9) days. Conditional Use Permit No. CUP 10 -16 was applied for and approved to allow the use of a temporary tent between November 24, 2010 and January 3, 2011, and between November 23, 2011 and January 2, 2012. As a condition of approval for CUP 10 -16, the applicant was required to have Conditional Use Permit approval for a permanent addition to the restaurant by May 31, 2011, or the approval for the tent shall CUP 11 -07 233 E. Huntington Drive May 24, 2011 — page 2 become null and void. The owners of The Derby have stated that the proposed banquet room would eliminate the need for a tent for future holiday seasons. PROPOSAL AND ANALYSIS The applicant is proposing to expand the existing restaurant by adding a two -story, 5,448 square -foot rear addition to the existing 6,458 square -foot restaurant. The first - floor will be 2,763 square -feet in size and have a 1,500 square -foot banquet room with seating for up to 175 patrons. The first -floor of the addition will also have a 420 square - foot lounge and bar, a new banquet entrance, a new food preparation room, and new bathrooms. The second -floor will be 2,685 square -feet in size and have storage areas, an employee break room, a mechanical equipment enclosure, and an office. Parking The subject property has 91 on -site parking spaces; 80 standard parking spaces, 7 tandem parking spaces, and 4 handicap parking spaces. There is a 6 space parking deficiency. The new addition would displace the existing parking spaces directly behind the restaurant. The proposed reconfiguration of the parking lot will provide 89 on -site parking spaces; 79 standard parking spaces, 4 tandem parking spaces, and 6 handicap parking spaces. This results in a net decrease of 2 spaces. Additionally, at least 25 more cars could be parked by valet- stacking in the parking aisles. The current parking requirement for a restaurant greater than 5,000 square -feet in size is 15 spaces for every 1,000 square -feet of gross floor area. With the proposed addition, the new restaurant will have 11,906 square -feet of gross floor area, and a parking requirement of 179 on -site parking spaces. Allowing for the tandem spaces and valet- stacking, the proposal will result in a 65 -space parking deficiency; 179 spaces required versus 114 spaces provided. The City's parking requirement of 15 spaces per 1,000 square -feet of gross floor area is based on a supposition that as much of the floor area as is possible will be used for dining purposes. In this case, 2,800 square -feet of the existing restaurant are the dining rooms and lounge, and only 1,920 square -feet of the addition will be for the new banquet room and new lounge. Based on these areas, the maximum occupancy is 315 people. The majority of the new addition will be for offices, storage, and food preparation, which the zoning code counts towards the parking requirement, but in practice, does not generate a need for 15 parking spaces per 1,000 gross square -feet of area. The City Engineer has reviewed the proposal, and based on the on -site circulation and the traffic demand of the existing restaurant, has determined that the proposed 89 -space parking lot and valet- stacking capacity are sufficient to accommodate the existing restaurant and new addition. CUP 11 -07 233 E. Huntington Drive May 24, 2011 — page 3 Economic Development The City's Economic Development Manager has reviewed the proposal and toured the site with the applicant. He stated that The Derby is an institution of Arcadia, especially with its connection to the horse racing industry. It is one of the successes of the Central Redevelopment Project area. The proposed expansion will allow the Derby to capture additional business that in some cases has been going to neighboring cities. The City benefits from the Derby's success, and growth during a still struggling economy is a positive sign for the restaurant and for Arcadia. The Economic Development Division is in support of the restaurant expansion, and supports the growth of a high -end, well - established business in the City. Architectural Design The proposed addition will be architecturally similar to the design and style of the existing restaurant. The addition will feature an antique brick base, dark forest colored wood trim, off -white stucco, stained glass windows, and a red oak rear door, all of which match the materials and colors of the existing restaurant building. The existing restaurant building will obscure the new addition as viewed from Huntington Drive. It is staffs opinion that the proposed addition is appropriately designed and will be architecturally compatible with the existing restaurant. Landscaping The restaurant addition will displace a parking island with existing mature landscaping at the rear of the restaurant. The large mature landscaping along the west property line and in the front setback area will remain unchanged. To the north and east, there is also mature landscaping along the shared property lines. To off -set the landscaping that will be removed, the applicant is proposing three (3) new planters in the parking lot area and five (5) new 24 -inch box Italian Cypress trees to be planted in the rear parking lot. The proposed landscaping plan meets the City's requirements for the CPD -1 zone. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and site access 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. The proposed restaurant is also subject to Los Angeles County Health Codes. CEQA The proposed project is in an area where all public services and facilities are available to allow for maximum development, and the area is not environmentally sensitive, therefore, this project, as an addition of less than 10,000 square -feet is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(2) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. CUP 11 -07 233 E. Huntington Drive May 24, 2011 — page 4 FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The existing restaurant and addition are consistent with the zoning and land use designation of the site and area, and will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A restaurant is allowed in the CPD -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 existing restaurant and addition are well situated on the site. With valet - parking service, the 89 -space parking lot and additional valet- stacking capacity are sufficient to accommodate the parking demand of the expanded restaurant. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The property is served by Huntington Drive, which is a primary arterial roadway that is adequate to serve the expanded restaurant. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. It is staff's opinion that the restaurant with the recommended conditions of approval satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit No. CUP 11 -07 & Architectural Design Review No. ADR 10 -01, subject to the following conditions: 1. The second -story shall not be used for dining or other customer service purposes. 2. The restaurant shall have on -site valet - parking service available during all operating hours. CUP 11 -07 233 E. Huntington Drive May 24, 2011 — page 5 3. This approval of CUP 11 -07 and ADR 10 -01 includes a parking modification for 89 spaces in lieu of 179 spaces required, including the 4 tandem spaces and the ability to accommodate at least 25 additional vehicles by valet- stacking. This is not an approval of a general reduction of the parking requirements for the subject building, or the subject site. 4. The use approved by CUP 11 -07 and ADR 10 -01 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 11 -07 and ADR 10 -01, 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. 5. In accordance with the Los Angeles County Department of Public Works Standard Urban Storm Water Mitigation Plan (SUSMP) requirements, a SUSMP report, calculations and all proposed Best Management Practices (BMPs) are required to be submitted, reviewed, and approved by the City Engineer prior to issuance of building permits. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and site access shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -07 and ADR 10 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of CUP 11 -07 and ADR 10 -01 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 11 -07 233 E. Huntington Drive May 24, 2011 — page 6 10. Separate entertainment permit(s) and business license(s) shall be obtained for any entertainers and entertainment that may be provided by the restaurant, in accordance with the City's Business License standards. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Conditional Use Permit No. CUP 11 -07 and Architectural Design Review ADR 10 -01; and adopt Resolution No. 1837, which states the supporting findings, environmental determination, and the conditions of approval. Denial If the Planning Commission intends to deny this project, the Commission should move to deny Conditional Use Permit No. CUP 11 -07 and Architectural Design Review No. ADR 10 -01; 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 May 24, 2011 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422, or at tschwehrci.arcadia.ca.us. Approved by: Jim Kasama Community Development Administrator Attachments: Aerial Photo with Zoning Information 300 -foot Radius Map Photos of Subject Property Resolution No. 1825 Proposed Plans Preliminary Exemption Assessment Resolution No. 1837 CUP 11 -07 233 E. Huntington Drive May 24, 2011 — page 7 441 233 E. Huntington Drive CUP 11 -07 & ADR 10 -06 o SUE MORENO ' J (626) 350-5944 OWNERSHIP / OCCUPANTS UST RADIUS MAPS -LAND USE -PLANS MUNICIPAL COMPUANCE CONSULTING 2108 LAMBERT AVE.EL MONTE, CA 91732 -PAX(S28)350.1532 J0 23 TOP N 344 c v r SHEET 3 PROJECT JNFORMAT 233 E. HUNTINGTON DR. ARCADIA, CA. 10 -219 SCALE 1" = 200' lbw SUBJECT PROPERTY - THE DERBY RESTAURANT SUBJECT PROPERTY - SIGNAGE ALONG HUNTINGTON DRIVE SUBJECT PROPERTY - FRONT SUBJECT PROPERTY - REAR ELEVATION SUBJECT PROPERTY - REAR ELEVATION SUBJECT PROPERTY - WEST ELEVATION SUBJECT PROPERTY - EAST ELEVATION SUBJECT PROPERTY - OUTDOOR DINING PATIO SUBJECT PROPERTY - REAR PARKING LOT PARKING ISLAND AND MATURE LANDSCAPING TO BE REMOVED EXISTING MATURE LANDSCAPING AT WEST PROPERTY LINE TO REMAIN EXISTING MATURE LANDSCAPING ALONG EAST PROPERTY LINE TO REMAIN ADJACENT PROPERTY TO THE EAST - RESTAURANT ADJACENT PROPERTY TO THE WEST - HOTEL ADJACENT PROPERTY TO THE NORTH - HOTEL ADJACENT PROPERTY TO THE SOUTH - COMMERCIAL STRIP MALL RESOLUTION NO. 1825 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -16 TO ALLOW THE INTERIM USE OF A TENT AS A TEMPORARY PATIO COVER FOR AN OUTDOOR DINING AREA DURING THE HOLIDAY SEASON AT 233 E. HUNTINGTON DRIVE. WHEREAS, on November 10, 2010, an application was filed by Mr. Michael Thomas for the interim use of a tent as a temporary patio cover for an outdoor dining area to accommodate the expected holiday customers while plans are being completed for a permanent expansion of the restaurant; Development Services Department Case No. CUP 10 -16, at 233 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on November 23, 2010, at which time ail 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 November 23, 2010 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed use of a tent as a temporary patio cover will not adversely affect other businesses and uses in the area. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized by 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 use of a tent as a temporary patio cover will not involve any changes to the existing landscaping, parking, or permanent alterations to the exterior of the building. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The subject property is accessible from Huntington Drive which is adequate in width and pavement type for the commercial traffic that is and will be generated by the subject business and the other businesses in the area, including any additional commercial traffic resulting from the use approved by Conditional Use Permit No. CUP 10 -16. 5. That the granting of Conditional Use Permit No. CUP 10 -16 will not adversely affect the comprehensive General Plan because a restaurant with outdoor dining is consistent with the General Plan Land Use Designation for the subject area. 6. That the use of a tent as a temporary patio cover for outdoor dining qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of a small commercial structure per Section 15301(e) of the CEQA Guidelines, Furthermore, the use applied for will not have a substantial adverse impact on the environment, and based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -16, for the interim use of a tent as a temporary patio cover for an outdoor dining area at 233 E. Huntington Drive, subject to the following conditions: 1. The use of the tent shall be limited to the holiday seasons, November 24, 2010 through January 3, 2011, and November 23, 2011 through January 2, 2012. The tent shall be removed during the time between and after these holiday periods. This does not preclude the 2 1825 use of the tent for short-term, special events that may be held at the restaurant at other times of the year with an approved Special Event Permit. 2. The use approved by CUP 10 -16 is limited to the proposed temporary patio cover for an outdoor dining area and it shall be utilized and maintained in a manner that is consistent with the proposal submitted and approved for CUP 10 -16, subject to the satisfaction of the Development Services Director or designee. 3. The applicant shall provide in a timely manner the necessary documents and materials for the Conditional Use Permit application for the permanent addition to the restaurant and if a Conditional Use Permit is not approved by May 31, 2011, this approval shall be null and void and a tent may no longer be used for the holiday seasons, including the holiday season of November 23, 2011 through January 2, 2012. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 10- 16 shall be grounds for immediate suspension or revocation of any approvals. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems 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. 6. 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 3 1825 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. 7. Approval of CUP 10 -16 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. ATTEST: SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day ofJD6 )C jC',.2010. n / - — C o m m i s s i o n APPROVED AS TO FORM: Pi. Stephen P. Deitsch, City Attorney ning Commission 4 1825 Nwhoriane samari. fi 12 ilizii�{?if���! ROOFING GA - E L K B•272 BARK FOREST WOOD TRIM BE H R ANTIQUE BRICK FACADE X -73 EGG SHELL (BASE 100! EXTERIC]R F=I•ISH P AATEF IAL PARTIAL WEST FACE , STAIN GLASS EXI STI hi Ca EXI REAR EXIT DOORS R E a C7 A K DEntrt R} 1 :Al I:_A 1 Date: May 12, 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: Tom Li, Associate Planner FORM "A" 1. Name or description of project: Conditional Use Permit No. CUP 11 -07 for a 5,448 square -foot addition to an existing 6,458 square -foot restaurant. 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): 233 E. Huntington Drive. Approximately 200' east of the intersection of North Second Avenue and East Huntington Drive. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Derby Restaurant Arcadia, Inc. (2) Address 233 E. Huntington Drive, Arcadia, CA 91006 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: 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. The project is categorically exempt. Applicable Exemption Class: 01, Section 15301(e)(2) w The project is statutorily exempt. Applicable Exemption: The project is otherwise exempt on the following basis: The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: May 12, 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: Tom Li, Associate Planner FORM "A" RESOLUTION NO. 1837 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -07 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -01 TO ALLOW A 5,448 SQUARE -FOOT, TWO -STORY ADDITION TO AN EXISTING 6,458 SQUARE -FOOT RESTAURANT AT 233 E. HUNTINGTON DRIVE. WHEREAS, on January 11, 2011, an application was filed by Mr. Frank Saccoman for design review of a proposed 5,448 square -foot, two -story addition to an existing 6,458 square - foot, restaurant; and whereas, on May 3, 2011, an application was filed by the Derby Restaurant Arcadia, Inc. for a Conditional Use Permit for a 5,448 square -foot, two -story addition to an existing 6,458 square -foot restaurant; Development Services Department Case Nos. ADR 10 -01 and CUP 11 -07 at 233 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on May 24, 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 May 24, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The existing restaurant and addition are consistent with the zoning and land use designation of the site and area, and will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A restaurant is allowed in the CPD -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 existing restaurant and addition are well situated on the site. With valet - parking service, the 89 -space parking lot and additional valet- stacking capacity are sufficient to accommodate the parking demand of the expanded restaurant. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The property is served by Huntington Drive, which is a primary arterial roadway that is adequate to serve the expanded restaurant. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. 6. That the project is in an area where all public services and facilities are available to allow for maximum development, and the area is not environmentally sensitive; therefore, the project, as an addition of less than 10,000 square feet qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(2) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -07 and Architectural Design Review No. ADR 10 -01 for a 5,448 square - foot, two -story addition to an existing 6,458 square -foot restaurant at 233 E. Huntington Drive, subject to the following conditions: 1. The second -story shall not be used for dining or other customer service purposes. -2- 1837 hours. 2. The restaurant shall have on -site valet - parking service available during all operating 3. This approval of CUP 11 -07 and ADR 10 -01 includes a parking modification for 89 spaces in lieu of 179 spaces required, including the 4 tandem spaces and the ability to accommodate at least 25 additional vehicles by valet- stacking. This is not an approval of a general reduction of the parking requirements for the subject building, or the subject site. 4. The use approved by CUP 11 -07 and ADR 10 -01 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 11 -07 and ADR 10 -01, 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. 5. In accordance with the Los Angeles County Department of Public Works Standard Urban Storm Water Mitigation Plan (SUSMP) requirements, a SUSMP report, calculations and all proposed Best Management Practices (BMPs) are required to be submitted, reviewed, and approved by the City Engineer prior to issuance of building permits. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and site access shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -07 and ADR 10 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the -3- 1837 City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of CUP 11 -07 and ADR 10 -01 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. 10. Separate entertainment permit(s) and business license(s) shall be obtained for any entertainers and entertainment that may be provided by the restaurant, in accordance with the City's Business License standards. 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: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -4- 1837 May 24, 2011 STAFF REPORT Development Services Department TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: Conditional Use Permit No. CUP 11 -08 to allow a 707 square -foot expansion of a personal service use (i.e., beauty salon, day spa, massage, etc.) for a total salon area of 1,650 square -feet at 556 Las Tunas Drive, Suite Nos. 106 and 107. SUMMARY Conditional Use Permit Application No. CUP 11 -08 was filed by Ms. Jennifer Lu, owner of J &L Hair Salon, to expand an existing 943 square -foot salon located at 556 Las Tunas Drive, Suite No. 106 into the adjacent 707 square -foot Suite No. 107 for a total salon area of 1,650 square -feet. The Development Services Department is recommending approval of this application, subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Ms. Jennifer Lu, business owner LOCATION: 556 Las Tunas Drive, Suite Nos.106 & 107 REQUEST: A Conditional Use Permit to expand an existing 943 square -foot salon into the adjacent 707 square -foot unit for a total salon area of 1,650 square -feet. SITE AREA: 1.477 acres (64,332 square -feet) FRONTAGE: 224.85 feet along Las Tunas Drive EXISTING LAND USE & ZONING: The site is currently developed with a two -story, 13,325 square -foot commercial building constructed in 1991, and a 5,000 square -foot, one - story restaurant built in 1988. The property is zoned C -2, General Commercial with a Parking Overlay on the easterly 75 feet and the southerly 60 feet of the westerly 150 feet. SURROUNDING LAND USES & ZONING: North Professional offices — zoned C -O South: Single - Family Residences — zoned R -1 E a s t: Single - Family Residences — zoned R -1 West: Retail (Big Lots) — zoned C -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) — This designation is intended to accommodate a wide range of commercial uses which serve both neighborhood and citywide markets. PUBLIC HEARING NOTIFICATION Public hearing notices for CUP 11 -08 were mailed on May 13, 2011 to the owners and tenants of those properties that are located within 300 feet of the subject property — see the attached radius map. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The site is developed with a two -story, 13,325 square -foot commercial building constructed in 1991. There is also a 5,000 square -foot restaurant on the site that was built in 1988 and approved by CUP 88 -019. The existing salon has occupied Suite No. 106 since 2009. Suite No. 107 is currently vacant, but the prior two uses were a tutoring center and a retail shop. The other uses in the building include a real estate office, an insurance office, a financial office, two (2) medical offices, an eye glass store, and three (3) legal- nonconforming day spas. These day spas began operations prior to the requirement of a Conditional Use Permit for personal service uses. PROPOSAL AND ANALYSIS The applicant is proposing to remodel and expand the existing 943 square -foot beauty salon into the adjacent 707 square -foot suite. The expansion of a personal service use requires a Conditional Use Permit pursuant to Ordinance No. 2275, which was adopted in June 2010. Hair styling and eyelash extension services are offered at the applicant's existing salon at 713 W. Duarte Road, #B. These services will continue to be the only services provided at the proposed expanded salon; manicures, massages, pedicures or any other personal services will not be offered. The proposed salon will be open nine (9) hours daily from 10:00 a.m. to 7:00 p.m., which is within the 16 -hour limit that would otherwise also be subject to a Conditional Use Permit. The proposed expanded salon will have three (3) shampoo sink and 15 hair styling stations. The existing facial room will be used for the eyelash extension service. The only exterior alterations other than future new signage will be adjustments to the doorways, and these changes will match the existing storefronts of the two suites. CUP 11 -08 556 Las Tunas Dr., Suite Nos. 106 & 107 May 24, 2011 — page 2 The expansion of the salon will not have an effect on parking requirements. The current salon has a parking requirement of five (5) parking spaces per 1,000 square -feet of gross floor area. The salon will expand into Suite No. 107, which had prior uses of a tutoring center and a retail shop. These uses, respectively, had parking requirements that are greater or equal to that for the proposed salon. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, and emergency equipment are required to be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. CEQA Because no significant physical alterations to the property are necessary, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of an existing structure. 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 salon expansion is consistent with the intended commercial use of the property and will not have any adverse impacts to the neighboring businesses or properties, and will be required to comply with all applicable 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. The beauty salon use currently exists at this location, and a Conditional Use Permit for its expansion is authorized by Section 9275.1.53.2.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The proposed expansion of the salon will involve minor alterations to the existing facilities. The replacement of a door with glass storefront is the only proposed exterior alteration and its appearance will match the existing building. 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. Las Tunas Drive provides CUP 11 -08 556 Las Tunas Dr., Suite Nos. 106 & 107 May 24, 2011 — page 3 access to the site and is a principal travel corridor that is capable of carrying the traffic demand of the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A personal service use is a commercial use that is consistent with the General Plan Land Use Designation of the site. It is staff's opinion that the proposed beauty salon expansion satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 11 -08 subject to the following conditions: 1. The personal service use approved by CUP 11 -08 is limited to hair styling and facials from 9:00 a.m. to 7:00 p.m. daily and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -08, 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 neighboring businesses and /or properties. 2. All City requirements regarding disabled access and facilities, occupancy limits, building safety, and emergency equipment shall be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -08 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the salon. 4. 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. 5. Approval of CUP 11 -08 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance CUP 11 -08 556 Las Tunas Dr., Suite Nos. 106 & 107 May 24, 2011 — page 4 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 project, the Commission should move to approve Conditional Use Permit Application No. CUP 11 -08 by adopting Resolution No. 1838, which states the supporting findings, environmental determination, and conditions of approval. Denial If the Planning Commission intends to deny this project, the Commission should move to deny Conditional Use Permit Application No. CUP 11 -08; 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 May 24, 2011 public hearing, please contact Assistant Planner, Nick Baldwin at (626) 574 -5444, or at nbaldwinCc�ci.arcadia.ca.us. Approved by: J im lma C•- munity Development Administrator Attachments: Aerial Photo and Vicinity Map with Zoning Information 300 -foot Radius Map Photos of Subject Property Site and Floor Plan Preliminary Exemption Assessment Resolution No. 1838 CUP 11 -08 556 Las Tunas Dr., Suite Nos. 106 & 107 May 24, 2011 — page 5 O 88 ,L 78 80 1 33 ® 7 8 0 8 m � 65 , 12430157 28 20 POR 14 062 5448 tp x E® 6 SZ 1.61. 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DR. ,RCADIA, k _r w.,, UNAS 6 LA '17 ro POR �_J �[ 2 2211.20 16890±SF 59 (:—.' \ r YJ 07 .38 2 24 41831 SF 47 I ,ti 0 41 176 5/11 „7 ' 34\,H Wd013RUFF ? 6 - f f i r o i LAS TUNAS )30 WORKMAN 6 View of the front of the building from Las Tunas Drive View of the front of Suite No. 106 (J & L Salon) and Suite No. 107 to the right (vacant) Parking to the rear of the property View of Suite No. 106 (J & L Salon) from the rear of the building .ay.ow erred oomn 11,4911KOW11 111111111M89.1. BGa. VG YavOUV 71MV 1BIAIGV a aB ' 0 V0011 o 1 i h Re es f10-* a a ai LOOM VG VIGVOHV COI VOW W BVMLL BVl BBB Tl NOWBWN50 it 1. Name or description of project: Conditional Use Permit Application No. CUP 11 -08 to allow the existing 943 square -foot salon to add 789 square -feet by expanding into the adjacent unit at 556 Las Tunas Dr., #106,107 (dba: J &L Hair Salon). 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): 556 Las Tunas Drive (between Baldwin Avenue and Bradford Avenue) 3. Entity or person undertaking project: 4 A. B. Other (Private) (1) Name Jennifer Lu/ DZ Hair Salon (2) Address i 713 W. Duarte Rd., #B, Arcadia, CA 91007 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: 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: 01, Section No. 15301(a) 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: May 12, 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 FORM "A" WHEREAS, on May 9, 2011, an application was filed by Ms. Jennifer Lu of J &L Salon at 556 Las Tunas Drive, Suite No. 106 to expand the salon into the adjacent Suite No. 107, Development Services Department Case No. CUP 11 -08; and WHEREAS, a public hearing was held by the Planning Commission on May 24, 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 RESOLUTION NO. 1838 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -08 FOR A BEAUTY SALON EXPANSION AT 556 LAS TUNAS DRIVE, SUITE NOS. 106 & 107. ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated May 24, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed salon expansion is consistent with the intended commercial use of the property and will not have any adverse impacts to the neighboring businesses or properties, and will be required to comply with all applicable 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. The beauty salon use currently exists at this location, and a Conditional Use Permit for its expansion is authorized by Section 9275.1.53.2.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The proposed expansion of the salon will involve minor alterations to the existing facilities. The replacement of a door with glass storefront is the only proposed exterior alteration and its appearance will match the existing building. 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. Las Tunas Drive provides access to the site and is a principal travel corridor that is capable of carrying the traffic demand of the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A personal service use is a commercial use that is consistent with the General Plan Land Use Designation of the site. 6. Because no significant physical alterations to the property are necessary, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of an existing structure. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -08 to expand the salon at 556 Las Tunas Drive, Suite No. 106 into the adjacent Suite No. 107, subject to the following conditions: - 2- 1838 1. The personal service use approved by CUP 11 -08 is limited to hair styling and facials from 9:00 a.m. to 7:00 p.m. daily and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -08, 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 neighboring businesses and /or properties. 2. All City requirements regarding disabled access and facilities, occupancy limits, building safety, and emergency equipment shall be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. o3. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -08 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the salon. 4. 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 -3- 1838 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. 5. Approval of CUP 11 -08 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -4- 1838 RESOLUTION NO. 1836 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 1.1 -03 FOR A RESTAURANT WITH LIVE ENTERTAINMENT, AMPLIFIED D.J. MUSIC, AND DANCING AT AN EXISTING 7,706 SQUARE -FOOT COMMERCIAL BUILDING AT 57 WHEELER AVENUE. WHEREAS, on February 24, 2011, an application was filed by Mr. Alejandro Alcondez for a restaurant with live entertainment, amplified D.J. music and dancing, and operating hours of Monday - Thursday from 11:00 a.m. to 11 :00 p.m., Friday from 11:00 a.m. to 2:00 a.m. the next respective morning, and Saturday & Sunday from 9:00 a.m. to 2:00 a.m. the next respective morning at an existing 7,706 square -foot commercial building; Development Services Department Case No. CUP 11 -03, at 57 Wheeler Avenue; and WHEREAS, a public hearing was held by the Planning Commission on May 10, 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 May 10, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed restaurant is consistent with the zoning and land use designation of the site and area, and will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A restaurant with live entertainment is allowed in the DMU zones with an approved Conditional Use Permit per Section 9267.10 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 existing restaurant building is well situated on the site, and its reopening will not increase the parking demand. Additionally, the site is in close proximity to a large City parking lot. 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 prepared in 2006, First Avenue to the east of the site, Wheeler Avenue to the south, Santa Clara Street to the north, and the nearby intersections are adequate to serve the existing 24- Hour Fitness health club and the proposed 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. 6. That the project approved under Conditional Use Permit No. CUP 11 -03 qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) for the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing structure per Section 15301 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -03 for a restaurant with live entertainment, amplified D.J. music, and dancing at an existing 7,706 square -foot commercial building at 57 Wheeler Avenue, subject to the following conditions: 1. The following conditions of approval for CUP 05 -18 and ADR 05 -03 (Planning Commission Resolution No. 1738) shall remain in effect: 2 1836 a. The parking structure shall provide free - parking with no security gates. b. All the Tight fixtures shall be hooded and arranged to reflect away from the adjoining properties and streets. c. No metal screens or coverings are permitted between the columns on the first level of the parking structure that faces Santa Clara Street. d. A minimum of 280 on -site parking spaces shall be provided. e. All the City's parkway trees shall remain. 2. Any future subdivision of the property shall require a reciprocal parking agreement and maintenance or adjustment of any existing easements to the satisfaction of the Development Services Director or designee. 3. The operating hours shall be limited to Monday - Thursday from 11:00 a.m. to 11:00 p.m., Friday from 11:00 a.m. to 2:00 a.m. the next respective morning, and Saturday, Sunday & Holidays from 9:00 a.m. to 2:00 a.m. the next respective morning. 4. Live entertainment shall be limited to Monday - Thursday from 5:00 p.m. to 11:00 p.m., Friday from 5:00 p.m. to 2:00 a.m. the next respective morning, and Saturday, Sunday & Holidays from 9:00 a.m. to 2:00 a.m. the next respective morning. 5. D.J. music and dancing shall be limited to Monday - Thursday from 9:00 p.m. to 11:00 p.m., and Friday - Sunday & Holidays from 9:00 p.m. to 2:00 a.m. the next respective morning. The dance area shall be restricted to 200 square -feet in size. 6. Additional exterior lighting shall be installed along the south side of the building and other security measures shall be implemented to ensure the safety of the parking areas, subject to the satisfaction of the Development Services Director or designee. 7. The fire sprinkler system of the 7,706 square -foot restaurant shall receive a 5 -year certification prior to occupancy, and the fire alarm system shall be tested and certified prior to occupancy. 3 1836 8. The use approved by CUP 11 -03 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 11 -03, 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. The use shall be operated as a bonafide restaurant during all business hours. 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. 1A. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -03 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. 4 1836 12. Approval of CUP 11 -03 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. 13. Separate entertainment permit(s) and business license(s) shall be obtained for the restaurant and all entertainment vendors in accordance with the City's Business License standards. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission 5 1836 MINUTES ARCADIA PLANNING COMMISSION Tuesday, May 10, 2011, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, May 10, 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 Parrille led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Baerg, Chiao and Parrille ABSENT: Commissioners Baderian and Beranek MOTION: It was moved by Commissioner Baerg and seconded by Commissioner Chiao to excuse Commissioners Baderian and Beranek from the meeting. Without objection the motion was approved. OTHERS ATTENDING Assistant City Manager /Development Services Director, Jason Kruckeberg Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Associate Planner, Tom Li Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING MATTERS — Five - minute time limit per person There were none. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. CUP 11 -03 57 Wheeler Avenue Alejandro Alcondez The applicant is requesting a Conditional Use Permit to allow a restaurant with live entertainment, amplified D.J. music, and dancing at an existing 7,706 square -foot building (formerly Arroyo Restaurant). The proposed business hours are Monday through Thursday from 11:00 a.m. to 11:00 p.m., Friday from 11:00 a.m. to 2:00 a.m., and Saturday and Sunday from 9:00 a.m. to 2:00 a.m. Assistant Planner, Tim Schwehr, presented the staff report. Chairman Parrille asked if there would be signs directing traffic to the Santa Clara parking structure. Mr. Schwehr explained that additional signage was not proposed because it had not been recommended in a 2006 traffic study. Mr. Kasama also pointed out that there is an entrance to the parking structure on the restaurant side of the building that provides easy access. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Ms. Alicia Herrera, represented the applicant. Ms. Herrera said that the applicant is planning to provide live mariachi music and dancing in the restaurant and that they hope for approval because they would love to open a business in Arcadia. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Baerg and seconded by Commissioner Chiao to close the Pdublic Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Chiao to approve Conditional Use Permit No. CUP 11 -03 subject to the conditions in the staff report and to direct staff to prepare the appropriate Resolution. ROLL CALL AYES: Commissioners Baerg, Chiao and Parrille NOES: None ABSENT: Commissioners Baderian & 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. MODIFICATION NO.MP 11 -02 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 11 -05 15 -19 Lucille Street Gangi Development The applicant is requesting the following Modifications and Architectural Design Review for a proposed nine -unit, affordable housing project on an R -3 multiple - family zoned property: A. A 10' -0" front yard setback in lieu of the 25' -0" required (AMC Sec. 9255.2.3); B. Three (3) open and eight (8) partially covered parking spaces in lieu of the requirement PC MINUTES 5-10-11 Page 2 C. Zero guest parking spaces in lieu of the five (5) minimum spaces required (AMC Sec. 9255.2.9.B); D. A 10' -0" driveway width in lieu of the 18' -0" minimum required (AMC Sec. 9255.2.10.B); and E. No landscaping between the driveway and the property line in lieu of the 3' -0" wide minimum landscape area required (AMC Sec. 9255.2.10.H). Associate Planner, Tom Li, presented the staff report. The Public Hearing was opened. Commissioner Baerg asked if guest parking is the only parking deficiency and Mr. Li explained that the partially covered parking spaces are also a deficiency. Commissioner Baerg asked about the ovemight parking permit policy. Mr. Kasama explained that ovemight parking permits are issued on an annual basis and renewed in January. Commissioner Baerg asked if there had been any proposals for the site that did not have a parking deficiency. Mr. Li said all the proposals submitted included parking deficiencies. However, this proposal was determined to be the best option to maximize the density on the site and provide the most number of parking spaces. Commissioner Chiao asked if there are other similar types of developments in the city which did not include guest parking. Mr. Kasama said that this is the first agency sponsored, affordable rental housing project that is not for seniors. He pointed out that the Alta Classics townhouse moderate income project provided about half of the required guest parking spaces per the Municipal Code. Mr. Kruckeberg noted that both the Alta Street and Campus Commons affordable housing projects were developed with concessions on guest parking regulations. Commissioner Chiao asked if there is any way to alter the design so that guest parking could be provided. Mr. Li said that other options were considered but this design is the best way to provide the maximum number of units. Commissioner Baerg asked if these are rental units. Mr. Li confirmed that they are rentals. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Sal Gangi of Gangi Development said that they have worked on similar projects in the past and they feel the parking is sufficient. He pointed out that normally, low income housing does not require more than one parking space per unit. He explained that because they are two- bedroom units, the families living there will not be large. He also noted that one of the 18 parking spaces provided is designated as a handicap parking space. Commissioner Baerg asked if there will be any restrictions on the number of adults occupying each unit. Mr. Gangi said that there will not be any restrictions like that, but in his experience, only small families rent these types of units. He also said that only registered vehicles will be allowed to use the parking facilities. PC MINUTES 5 -10-11 Page 3 Chairman Parrille asked Mr. Gangi if his company will manage the building and Mr. Gangi confirmed that his company will be the owner /manager of the building. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Chiao and seconded by Commissioner Baerg to close the Public Hearing. Without objection the motion was approved. Commissioner Baerg expressed concern about the lack of guest parking, but said he understood that concessions need to be made in deference to State law. He said he would like to know exactly what concessions are encouraged. Mr. Kruckeberg explained that applicants for affordable housing projects can choose the concessions they prefer. In this case, the City agency is the applicant and, of course, wants the best project possible that is compatible with the neighborhood. He suggested that adding a condition requiring a provision about parking on private properties might alleviate some concem over the parking deficiency. Commissioner Baerg agreed that adding a condition requiring that prospective tenants be advised in their lease agreement that parking on private property without the owner's permission is prohibited and that guests who wish to park on the street ovemight must obtain a parking permit. Mr. Kasama added that cars improperly parked will be subject to citations and towing. MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Chiao to approve Modification No. MP 11 -02 and Architectural Design Review No. ADR 11 -05 subject to the conditions in the staff report and with the addition of a notice in the rental agreements about parking and to direct staff to prepare the appropriate Resolution. ROLL CALL AYES: Commissioners Baerg, Chiao and Pamile NOES: None ABSENT: Commissioners Baderian, Beranek There is a five working day appeal period after the approval/denial of the applications. Appeals are to be filed by 5:30 p.m. on Tuesday, May 17, 2011. 3. TEXT AMENDMENT NO. TA 11 Consideration of Text Amendment No. TA 11 -03 to create a single Resolution for the development standards and design guidelines for all five of the City- designated Homeowners' Association areas. Senior Planner, Lisa Flores, presented the staff report. PC MINUTES 5 -10 -11 Page 4 The public hearing was opened. Chairman PerriIle asked if anyone would like to speak in favor of this project. Mr. Brad Koehler, Architectural Review Board Chairman for the Rancho Santa Anita Property Owners' Association, introduced the members of the five Homeowners Associations who were present. He said that the staff report thoroughly covered the subject and he noted that the HOA representatives spent a lot of time developing a process that allows the use of a single application by all five HOAs and standardizes their procedures. Mr. Koehler introduced Ms. Laurie Thompson, ARB Chairman for the Santa Anita Village Association, who would speak for the group. Ms. Thompson said that she and her family have lived in Arcadia for 20 years and that they moved to the Village area 14 years ago. She said she has been the Chairman of the ARB for 13 years. Ms. Thompson pointed out that even though the Village is comprised of small lots unlike the other HOAs, it still has a lot in common with the other HOAs. For example, neighborhood compatibility and harmony are important issues to all. The proposed Resolution joins all five HOAs in creating harmony and a sense of neighborhood. Another important document is the Residential Design Guidelines and Ms. Thompson noted that they were careful that nothing in the proposed Text Amendment contradicts the Design Guidelines. In fact, the proposed Text Amendment aligns the HOAs with other parts of the City that are not covered by an HOA. Many issues are covered like streetscape, openness in front yards, and mass, size, scale and character of a proposed residence. Ms. Thompson pointed out that the Text Amendment addresses impacts on adjacent property too. And, that landscaping should provide variety and open space and should complement the design of the house and fit in with the neighborhood. Ms. Thompson said that implementation of the proposed Text Amendment will align all five HOAs as well as all other single family residential areas in the City. She said that the HOA representatives urge approval of the Text Amendment. Chairman Perri Ile asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Chiao and seconded by Commissioner Baerg to close the Public Hearing. Without objection the motion was approved. Commissioner Baerg expressed appreciation for the efforts of all five HOAs in this Text Amendment to standardize their procedures. MOTION: It was moved by Commissioner Chiao, seconded by Commissioner Baerg to recommend approval of Text Amendment No. TA 11 -03 to the City Council. ROLL CALL: AYES: Commissioners Baerg, Chiao and Parrille NOES: None ABSENT: Commissioners Baderian, Beranek PC MINUTES 5 -10 -11 Page 5 The Planning Commission's recommendation and comments will be forwarded to the City Council. CONSENT ITEM 4. MINUTES OF APRIL 26, 2011 MOTION: It was moved by Commissioner Chaio, seconded by Commissioner Baerg, to approve the minutes of April 26, 2011 as presented. ROLL CALL: AYES: Commissioners Baerg, Chiao and Parrille NOES: None ABSENT: Commissioners Baderian, Beranek MATTERS FROM CITY COUNCIL & PLANNING COMMISSION There were none. MODIFICATION COMMITTEE AGENDA Chairman Parrille reported that a Modification and Design Review to legalize an unpermitted accessory building was denied at the Modification Committee meeting. MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama reviewed upcoming agenda items, including an addition to the Derby Restaurant and the expansion of a beauty salon on Las Tunas Drive. He also mentioned that the four -unit, multi - family development project at 137 Califomia St. that was denied by the Planning Commission, has been appealed to the City Council. ADJOURNED ATTEST: Secretary, Planning Commission Chairman, Planning Commission 7:45 p.m. PC MINUTES 5 -10 -11 Page 6