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HomeMy WebLinkAbout4744 ~~ (;,/2--/7,r ., 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 - 1 - 4744 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 - 2 - 4744 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. - 3 - 4744 (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 o 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. - 4 - 4744 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. * ,* * * - 5 - 4744 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 ~;;Z~ City Clerk of the City of Arcadia ' - 6 - 4744 "'" .. k: " Z$ ,. .. ~ " ,. " II . , " ;\0 b '" . - . ~ " ~ " '0 '"'' ; , A 0, ,,, ,.- ..- ~ .,., j '1 $ 7 01 '1 ", t, " '., w, ~ t$ ! Q;>, " ~ or<' (II) " . ~ ~ ~ ~ .. "'~' A', WHEELER ,. . 7 ,,.) '17 .~, ',' " .. 0' . ' ': PM bH5 "~",8""8 " , ", ;;0 ~ . " *' " JO/.I(/ " . , OtJ~ , ", . ,,- I 1 ," " 1 "' , -' .- ... , ," '. . .'If ~ I.. " 1 ~ \ ' 11,1 ~ HUNTINGTON at Sf, '. ". 'r. ":I 1) ,. ~" ... . . 011 ~ ALTA "" -- .. 1<, ~ , . ~" BONITA 'M." .. o " o " (19) _ .. ''''' - fll} . - ". " .,., '-' , ~, , , "0 1"> ~ ,0 7.~ n ~ F '^ " " '.'10. o " '. 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