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HomeMy WebLinkAbout1842RESOLUTION NO. 1842 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -11 WITH A PARKING MODIFICATION TO ALLOW A WINE BAR WITH SPECIALTY RETAIL SALES AT 16 N. FIRST AVENUE. WHEREAS, on April 5, 2011, the Redevelopment Agency Board approved a waiver to Arcadia Redevelopment Agency Resolution No. ARA -231 to permit a wine bar at 16 N. First Avenue; and WHEREAS, on June 6, 2011, Conditional Use Permit Application No. CUP 11 -11 with a parking modification was filed by the applicant, Mr. Charles Yi on behalf of the property owner, Mr. William Chenoweth, to allow a wine bar and specialty retail sales at 16 N. First Avenue; and WHEREAS, a public hearing was held by the Planning Commission on August 23, 2011, at which time all interested persons were given full opportunity to be heard and to present evidence. In the absence of a majority vote, the Commission moved to continue this item to the September 13, 2011 meeting when all Commissioners are expected to be present. 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 August 23, 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 wine bar and specialty retail sales will not have any adverse impacts to the neighboring businesses or properties, and will be required to comply with all County Health Code and State Alcoholic Beverage Control requirements. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Retail sales are allowed by -right in the Central Business District (CBD) zone and bars are allowed with an approved Conditional Use Permit per Section 9275.1.40.1 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 change in use from retail to a wine bar with specialty retail sales will increase the parking deficiency by 7 parking spaces, but this is insignificant based on the parking analysis, which indicates that there is adequate nearby, off -site parking. 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. First Avenue to the west, Wheeler Avenue to the north, and the alley between the subject site and Wheeler Avenue are adequate to serve the site and to provide access to the nearby public parking areas. 5. That the granting of Conditional Use Permit No. CUP 11 -11 will not adversely affect the comprehensive General Plan. The proposed wine bar with specialty retail sales is consistent with the General Plan land use designation of the subject property. 2 1842 6. That the project approved under Conditional Use Permit No. CUP 11 -11 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) per Section 15303(c) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -11 with a parking modification to permit a wine bar with specialty retail sales at 16 N. First Avenue, subject to the following conditions: 1. The hours of operation shall be limited to 1:00 p.m. to 11 :00 p.m., daily. 2. No live music or entertainment is approved under this Conditional Use Permit, and any live music or entertainment shall require a separate Conditional Use Permit. 3. The sale of beer and other alcoholic beverages other than wine is prohibited. 4. The approved floor plan is an integral part of the decision approving this Conditional Use Permit. There shall be no change in the design of the floor plan without the approval of the Development Services Director or designee. Any change in the approved plan which has the effect of expanding or intensifying the present use shall require an amendment to the Conditional Use Permit. 5. The parking spaces inside the 4 -car garage shall be made available to any of the tenants for parking. The garage is not to be used for storage, or for any use other than tenant and /or customer parking. 6. In the event of security or policing problems, this Conditional Use Permit shall be subject to review by the Arcadia Police Chief, and a professional, uniformed security guard may be required. 3 1842 7. For safety, Tight fixtures shall be provided on the exteriors of the northerly and easterly building walls to illuminate the alley and rear parking lot area to the satisfaction of the Arcadia Police Chief and shall be installed prior to the opening of the wine bar. 8. Signs shall be placed on the premises directing people to the City's public parking Tots. The number and locations of the signs shall be subject to approval by the Development Services Director or designee prior to the issuance of a building permit, and shall be installed prior to the opening of the wine bar. 9. The use approved by CUP 11 -11 is limited to a wine bar with specialty retail sales, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -11, 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 rights -of -way and neighboring businesses or properties observed during these inspections. 10. 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. 11. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the wine bar. 12. 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 4 1842 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. 13. Approval of CUP 11 -11 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. 14. After a period of six (6) months following the opening of the wine bar, the Development Services Department shall provide a report to the Planning Commission concerning the operation, parking, security, and any policing problems, at which time the Planning Commission shall have the right to revoke Conditional Use Permit No. CUP 11 -11 if there is reasonable evidence of non - compliance with the conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 5 1842 ATTEST: Passed, approved and adopted this 13th day of September, 2011. Secretary, 'g =nning Commission APPROVED AS TO FORM; Stephen P. Deitsch, City Attorney Chairman, Planning Commission 6 1842 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, LISA FLORES, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1842 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 11th day of October, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None Secretary of the P''Panning Commission