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.
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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.
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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
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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.
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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
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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