HomeMy WebLinkAbout1836RESOLUTION NO. 1836
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, 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.
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:
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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.
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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.
10. 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.
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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 14 day of AI ` A Y , 2011.
ATTEST:
Sec -t- , Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
airman, • an P g Commission
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia,
hereby certify that the foregoing Resolution No. 1836 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 24th day of
May, 2011 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Chiao and Parrille
NOES: None
ABSENT: Commissioner Beranek
ABSTAIN: Commissioner Baderian
Secr the Planning Commission