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RESOLUTION NO. 4744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA REVOKING CONDITIONAL USE PERMIT
77-26 FOR AN ENTERTAINMENT FACILITY AT 30
SOUTH FIRST AVENUE.
WHEREAS, on October 10, 1977, an application was filed
by Paul Fry to operate an entertainment facility. Planning
Department Case No, 77-26, on property commonly known as 30 South
First Avenue, hereinafter referred to as "subject property" and
more particularly described as follows:
Lots 1, 2, 3 and 4, part of Santa Anita Tract
in the City of Arcadia, County of Los Angeles,
as per Map Book 15, page 89 & 90, in the office
of the Recorder of said County; and
WHEREAS, on November 22, 1977 by Resolution No. 1019 the
Planning Commission approved C,U,P, 77-26 which C.U.P. was approved
by this Council on December 6, 1977; and
WHEREAS, on January 17, 1978 this Council requested the
Planning Commission to conduct a public hearing to revoke
C.U.P. 77-26 after receipt of testimony by this Council of numerous
violations of the law and public nuisance disturbances to the resi-
dents in the neighborhood by persons patronizing and attracted to
the facility located on subject property;
WHEREAS, on March 28, 1978, a public hearing was held by
the Planning Commission on the revocation of C.U.P. 77-26 at which
time all interested persons were given full opportunity to present
evidence; and
WHEREAS, by a vote of 6 to 0 the Planning Commission
adopted Resolution No. 1043 revoking C,U,P. 77-26 and finding that
the use is too intensive for the site; that the number of patrons
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attracted by the facility and their activities constitute an
annoyance and a public nuisance to the surrounding neighborhood;
and that the use is detrimental to the public health and welfare
and injurious to the property or improvements in such vicinity;
WHEREAS, the applicant Paul Fry did not appeal the decision
of the Planning Commission, however, the City Council set and held
a duly noticed public hearing on the revocation of C.U.P. 77-26 on
April 18, 1978, at which time all interested persons were given
full opportunity to be'heard and to present evidence, including the
applicatnt Paul Fry, who was allowed to present evidence in rebuttal
to testimony of surrounding residential neighbors in favor of revo-
cation,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA
DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
SECTION 1. That we hereby make the following finds of fact:
A, That C.U.P. 77-26 was used by the applicant to con-
duct a teenage dance and entertainment facility called The Marquee
West (hereinafter referred to as "facility") on subject property.
Entertainment consisted of rock bands for dancing. A dancing and
entertainment permit was issued by this Council for said facility
with an expiration date of January 17, 1978, which expiration date
was extended to April 18, 1978.
B. Said subject property is shown cross-hatched on
Map No, 1 which is attached hereto and by this reference incorporated
herein, The facility faces First Avenue and sides on Alta, a resi-
dential street, to the south. Parking for the facility exists to
the rear of the structure directly east. The area directly east of
subject property on both sides of the 100 block of Alta Street,
contains numerous occupied single-family and multi-family dwellings.
That Marquee West has advertised its entertainment facility in media
covering the San Gabriel Valley as well as outside the San Gabriel
area as featuring rock music and dancing, Since its opening the
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facility has attracted customers generally ranging in number from
150 to 850 and attracting hundreds of automobiles and persons who
do not patronize the facility.
C. We hereby take judicial notice of all written docu-
mentation received by this Council and numerous complaints from the
residents of the 100 block of Alta Street made during testimony
taken at the Planning Commission revocation hearing on March 28,
1978 and at the various hearings held by this Council on the
facility's dancing and entertainment permit.
D. A petition has been received by this Council from
approximately 53 persons residing on or owning property in the
100 block of Alta Street requesting that C.D.P. 77-26 be revoked
and that the dancing and entertainment permit not be extended
beyond April 18, 1978 for the reasons that the activity of said
facility constitutes a public nuisance.
E. That numerous complaints have been received by and
arrests made by the Arcadia Police Department of persons patroniz-
ing and attracted by the facility. The following are a list of
incidents occurring as a result of the operation of the facility
from December 20, 1977 to March 24, 1978:
(1) Vandalism (neighborhood).
(2) Vandalism (interior, Marquee West).
(3) Alcohol, public consumption by minors, on the
street, curbs, on the sidewalks, on private
property, in the parking lots, in the alleys,
and in cars (both stationary and moving).
(4) Motor vehicle accidents,
(5) Driving while under the influence.
(6) Driving, reckless, and at high speed in the
parking lots, on Alta Street, and in adjacent
alleys.
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(7) Debris. A continuing, chronic problem in the
parking lots, in streets, gutters, parkways,
private yards, and alleys.
(8) Attempted break-ins,
(9) Night prowlers, or "peeping toms."
(10) Public urination, males, a continuing chronic
problem.
(11) Accosting, and verbal abuse of neighborhood women
at night.
(12) Attempted shop lifting (alcoholic beverages).
(13) Resale of alcoholic beverages by adults to minors,
both reported and witnessed.
(14) Marijuana possession and use.
(15) Fights, inside the Marquee West, in the parking
lots, on private property, on Alta Street, and
in the alleys - involving both males and females,
F. The facility has created parking and traffic congestion
on the 100 block of Alta Street to the annoyance and disturbance .of
the residents.
G. That residents of the 100 block of Alta Street have
been disturbed by loud noise emitting from the facilities and from
traffic on Alta Street.
H. That the residents of the 100 block of Alta Street have
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been intimidated by the presence of numerous persons frequenting
the facility attracted by the same disturbing the peace, comfort,
quiet and enjoyment of their residential homes.
I, Neither the operators of the facility nor the Arcadia
Police Department can prevent recurrence of the incidents described
herein.
J. The Chief of Police has recommended that C.U.P. 77-26
be revoked due to felonies and numerous misdemeanors committed by
persons patronizing and attracted to the facility.
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K. The operation of the facility has caused an adverse
environmental impact on the surrounding neighborhood.
L. That condition ~o. 7 of C.U.P. 77-26 provided that
it becomes null and void should written permission for 52 parking
spaces be' terminated without provisions being made for an equivalent
amount of off-street parking equally as convenient being approved by
the Planning Commission.
M. That Home Savings and Loan by letter dated March 31,
1978, has revoked its written perml.ssion to Marquee West to use its
parking facility, terminating May 10, 1978, which renders the facility
without the 52 parking spaces required.
N. The use by said facility is too intensive for the site;
the number of patrons attracted by the facility and their activities
constitute an annoyance and a public nuisance to the surrounding
neighb6rhood; and that the use is detrimental to the public health
and welfare and injurious to the property in such vicinity.
SECTION 2. Based on the foregoing findings of fact, we
hereby revoke Conditional Use Permit 77-26, and hereby declare that
the dancing and entertainment permit for said facility shall termi-
nate and expire and be of no force effective on May 18, 1978 at
10:.00 P.M., and we hereby revoke C.U.P. 77-26 and resolve that the
dancing and entertainment permit for said facility shall terminate
and expire and be of no force or effect prior to May 18, 1978 ~t
10:00 P.M. at such time,as there is a failure to comply with the
conditions of C.U.P. 77-26 or said dancing and entertainment permit.
SECTION 3. The City Clerk shall certify to the adoption
of this resolution.
* ,*
*
*
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PASSED AND ADOPTED this 2nd day of May, 1978.
Mayor 'of the City
rcadoa
ATTEST:
~~~
I HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the City Council of the City
of Arcadia held on the 2nd day of May, 1978, by the affirmative
vote of at least three Council Members, to wit:
AYES:
Councilmen Gilb, Margett,
Pellegrino, Saelid and Parry
None
None
NOES:
ABSTAIN:
ABSENT:
None
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City Clerk of the City of Arcadia '
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r~AP NO.1
PUBLIC HEARING NOTICE AR
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