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° "' STAFF REPORT
Development Services Department
DATE: November 12, 2013
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Associate Planner
SUBJECT: RESOLUTION NO. 1886 — CONDITIONAL USE PERMIT NO. CUP 13-13
WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR AN 8,948 SQUARE
FOOT WINE AND SPIRITS BOUTIQUE AND TASTING ROOM WITH
OCCASIONAL LIVE ENTERTAINMENT IN AN EXISTING 15,413
SQUARE FOOT COMMERCIAL-INDUSTRIAL DEVELOPMENT AT 204
N. FIRST AVENUE.
Recommended Actions: Find that this project qualifies as a Class 3
Categorical Exemption from CEQA, approve Conditional Use Permit No.
CUP 13-13, and adopt Resolution No. 1886.
SUMMARY
The applicant is requesting approval of a Conditional Use Permit to open an 8,948
square foot wine and spirits boutique and tasting room with occasional live
entertainment in an existing 15,413 square foot commercial-industrial development at
204 N. First Avenue — see the attached aerial photo, photos of the site, and proposed
plans. It is recommended that the Planning Commission find that this project qualifies
as a Class 3 Categorical Exemption from the California Environmental Quality Act
(CEQA), approve CUP 13-13, subject to the conditions listed in this staff report, and
adopt the attached Resolution No. 1886.
BACKGROUND
APPLICANT: Mr. H.K. Hedlund Jr., Business Owner of Red Carpet Wine
LOCATION: 204 N. First Avenue
REQUEST: A Conditional Use Permit for an 8,948 square foot wine and spirits
boutique and tasting room with occasional live entertainment.
SITE AREA: 21,597 square feet (0.50 acre)
FRONTAGES: 135 feet along E. Santa Clara Street, 160 feet along N. First Avenue,
and 135 feet along a rear alley
EXISTING LAND USE & ZONING:
The site is developed with three commercial-industrial buildings that have been
interconnected as one building that totals 15,413 square feet. The site is zoned
DMU, Downtown Mixed Use
SURROUNDING LAND USES & ZONING:
North: Parking lot and undeveloped lot, zoned DMU
South: Two-story office building, zoned DMU
East: One-story commercial-industrial building, zoned DMU
West: Future Metro Gold Line Station, zoned R-R
GENERAL PLAN DESIGNATION:
Downtown Mixed Use (30-50 du/ac & 1.0 FAR) — The Downtown Mixed Use
designation provides opportunities for complementary service and retail
commercial uses to locate within the City's downtown. Mixed commercial/office
and residential tenancies and stand-alone commercial or office uses are allowed,
however exclusively residential buildings are not. Development approaches
encourage shared use of parking areas and public open spaces, pedestrian
travel ways, and interaction of uses within the district.
DISCUSSION
The proposal is for a Conditional Use Permit to open an 8,948 square foot wine and
spirits boutique and tasting room with occasional live entertainment within an existing
15,413 square foot commercial-industrial development at 204 N. First Avenue. The
subject unit is currently vacant, and was previously occupied by architecture and civil
engineering firms. The other units at the site are fully occupied and consist of general
office uses, an antique shop, and a dance studio (CUP 09-15). The applicant, Mr. H.K.
Hedlund Jr., is an Arcadia resident and the owner and proprietor of Red Carpet Wine, a
fine wines and spirits boutique in Glendale, California that has been in operation since
1964. The business specializes in rare and high end wines, beers and ales, spirits, and
cigars. The store hosts regular tasting events, sometimes with musical entertainment.
Mr. Hedlund is proposing to relocate his business to downtown Arcadia.
The attached floor plan shows the proposed interior layout of the commercial space.
The front half of the unit will be used for the display and sales of wine and spirits, and
will have a tasting area with a small horseshoe-shaped bar and tables. The rear portion
of the unit will be used for the display and sales of beers and ales with its own tasting
area, and refrigerated and dry storage areas. The second floor of the unit will be used
for offices and other employee areas. Mr. Hedlund's current location, Red Carpet Wine
in Glendale is open Monday through Thursday, 10 a.m. to 8 p.m.; Fridays and
Saturdays 10 a.m. to 9 p.m.; and Sundays 10 a.m. to 7 p.m. Mr. Hedlund anticipates
CUP 13-13
204 N. First Avenue
November 12, 2013 — Page 2 of 7
similar business hours in Arcadia, but ultimately the hours will be based on customer
demand. It is recommended as a condition of approval that the business shall not be
open between the hours of 12:00 midnight and 6:00 a.m. A Conditional Use Permit is
required for walk-in businesses to be open during those hours, and Mr. Hedlund is not
requesting that for his CUP.
As part of his CUP, Mr. Hedlund is requesting to be allowed to host occasional live
music events at his store. At his current Glendale location, some of his patrons provide
live music in conjunction with tasting events, and Mr. Hedlund would like to have live
music events at this Arcadia location. Entertainment events are consistent with the
General Plan vision to revitalize the Downtown area by "allowing retail and service,
commercial, office, entertainment, and residential uses at development intensities and
densities that are higher than previously permitted" (Arcadia 2010 General Plan — p. 2-
40). The only restrictions recommended for live music events is that they are indoors,
and in compliance with the City's noise regulations.
Parking and Traffic
The subject property has 20 on-site parking spaces in two front parking lots. Each
parking lot is accessed by separate driveways off of Santa Clara Street — see the
attached site plan. There is currently no internal connection between the two parking
lots, and neither parking lot is in compliance with current ADA accessibility
requirements. At a minimum, each parking lot must have a van-accessible handicap
parking space and an acceptable path-of-travel to be in compliance with current ADA
requirements. It is recommended that an internal vehicular connection be created
between the two parking lots. This can only be provided by eliminating at least two
parking spaces. Connecting the two parking lots will reduce the ADA requirement to
one, van-accessible handicap parking space, and improve vehicular circulation into and
out of the site, particularly once the Gold Line light rail extension begins operation and
traffic increases along Santa Clara Street. The Gold Line will pass diagonally at-grade
through the intersection of First Avenue and Santa Clara Street— see the attached Gold
Line station site plan. This will increase vehicular queuing at the intersection that will
more frequently block at least the westerly driveway of the subject site. Having two
separate parking lots, each with only one point of ingress and egress would necessitate
that drivers either turn around in the parking lot aisles or back out onto Santa Clara
Street when the parking lots are full.
With the addition of one van-accessible handicap parking space and elimination of at
least two parking spaces to create an internal vehicular connection between the two
parking lots, the property will have, at most 17 parking spaces. Based on the current
mix of uses and the proposed wine and spirits boutique (retail use), the parking
requirement for the site is 53 spaces. This is a deficiency of at least 36 spaces per
Code. For the Downtown Mixed Use area, however, the City's General Plan states that
parking should be looked at differently than for other areas of the City (refer to page 2-
43 of the Arcadia General Plan attached to this staff report). Specifically, the General
Plan states that the goal for the Downtown area is to have visitors park once and be
able to walk to any number of destinations in the area. To achieve this goal, parking
CUP 13-13
204 N. First Avenue
November 12, 2013 — Page 3 of 7
needs can be fulfilled by the availability of common lots shared with other businesses in
the area. Sharing parking in this way makes it possible for new businesses to come to
the area and for existing business to expand without having to have onsite parking.
This removes a major obstacle to potential commercial vitality. The nearby City-owned
surface parking lots, on-street parking, and the soon-to-be-built Gold Line parking
structure will provide ample parking for the proposed wine and spirits boutique. For this
proposed new retail and entertainment use in the Downtown area, it is recommended
that the parking requirements be waived.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
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.
Facts to Support the Finding: The project will not be detrimental in any way to the
public health or the surrounding area. A wine and spirits boutique and tasting room
with live entertainment is consistent with the Zoning and General Plan Land Use
Designations of the site and will not conflict with the other existing uses at the site, or
in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
Facts to Support the Finding: In the DMU, Downtown Mixed Use Zones, a wine
and spirits boutique and tasting room with live entertainment is allowed as a retail
use with alcoholic beverage sales for on-site and off-site consumption 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.
Facts to Support the Finding: The wine and spirits boutique and tasting room with
live entertainment will occupy a portion of an existing commercial-industrial building.
The property features parking, landscaping, and other improvements typical of
commercial or industrial developments. The existing layout of the parking is not
optimal, and is not in compliance with ADA accessibility requirements. However, with
the recommended alterations to the parking lots to connect the two parking areas
and add a van-accessible handicap parking space, the site will be able to
accommodate the proposed use, and be ADA compliant.
CUP 13-13
204 N. First Avenue
November 12, 2013— Page 4 of 7
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.
Facts to Support the Finding: The site is located at the northeast corner of Santa
Clara Street and First Avenue. These streets are adequate to serve the proposed
use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Facts to Support the Finding: A wine and spirits boutique and tasting room with
live entertainment is a commercial use that is consistent with the General Plan Land
Use Designation of the site.
The proposed project, with the recommended conditions of approval will satisfy each
prerequisite condition, and all City requirements regarding disabled access and
facilities, occupancy limits, building safety, health code compliance, emergency
equipment, environmental regulation compliance, 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. Any
changes to the existing facility may be subject to having fully detailed plans submitted
for plan check review and approval, and to Building Permits.
ENVIRONMENTAL ANALYSIS
If it is determined that no significant physical alterations to the site are necessary, then
this project, as a conversion of an existing facility qualifies as a Class 3 Categorical
Exemption per the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15303 of the CEQA Guidelines. A Preliminary Exemption
Assessment is attached to this staff report. It is recommended that the Planning
Commission find that this project is exempt from CEQA.
PUBLIC NOTICE/COMMENTS
Public hearing notices for CUP 13-13 were mailed on October 31, 2013 to the property
owners, tenants, and occupants of those properties that are within 300 feet of the subject
property — see the attached radius map. Because staff considers the proposed project
exempt from the requirements of the California Environmental Quality Act (CEQA) the
public hearing notice was not published in a local newspaper. As of November 8, 2013,
no comments were received in response to the public hearing notices.
RECOMMENDATION
It is recommended that the Planning Commission approve Conditional Use Permit No.
CUP 13-13, subject to the following conditions:
1. The business shall not be open between the hours of 12:00 midnight and 6:00 a.m.
CUP 13-13
204 N. First Avenue
November 12, 2013— Page 5 of 7
2. The parking lot shall be revised to provide a van-accessible handicap parking space
and a vehicular connection between the two parking areas. The specific changes to
the parking lots shall be subject to the review and approval by the Community
Development Administrator.
3. Live entertainment events shall be restricted to indoor areas and shall comply with
the City's noise regulations.
4. The use approved by CUP 13-13 is limited to a wine and spirits boutique and
tasting room, which shall be operated and maintained in a manner that is consistent
with the proposal and plans submitted and approved for CUP 13-13, 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, rights-of-way, and/or the neighboring businesses and properties.
5. All City requirements regarding disabled access and facilities; occupancy limits;
building safety; fire prevention, detection and suppression; health code compliance;
emergency access, egress and equipment; water supply and facilities; sewer
facilities; trash reduction and recycling requirements; environmental regulation
compliance, including National Pollution Discharge Elimination System (NPDES)
measures; 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. Compliance with these requirements
shall be determined by having fully detailed construction plans submitted for plan
check review and approval by the foregoing City officials and employees.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 13-13
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the wine and spirits boutique and tasting room.
7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional 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 officials, officers,
employees, and agents in the defense of the matter.
8. Approval of CUP 13-13 shall not take effect until the property owner, and the
applicant and business owner have executed and filed an Acceptance Form with
CUP 13-13
204 N. First Avenue
November 12, 2013 — Page 6 of 7
the Development Services Department to indicate awareness and acceptance of
these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should move
to approve Conditional Use Permit No. CUP 13-13 and adopt the attached Resolution No.
1886 that incorporates the requisite environmental and Conditional Use Permit findings and
the conditions of approval as may be modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional Use Permit Application No. CUP 13-13; state the finding(s) that the
proposal does not satisfy with reasons based on the record; and direct staff to prepare a
resolution incorporating the Commission's decision, and specific findings for adoption at
the next meeting.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the November 12, 2013 hearing, please contact Associate
Planner, Tim Schwehr at (626) 574-5422, or tschwehra,ci.arcadia.ca.us.
Approved:
Jim = am`a
C. ' munity Development Administrator
Attachments: Aerial Photo with Zoning Information
Photos of the Subject Property and Surrounding Properties
Proposed Plans
Gold Line Station Site Plan
Arcadia General Plan — page 2-43 (downtown parking vision)
Preliminary Exemption Assessment
300-foot Radius Map
Resolution No. 1886
CUP 13-13
204 N. First Avenue
November 12, 2013— Page 7 of 7
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Site Address: 204 NORTH 1ST AVENUE
Property Owner(s): MILLS,RONALD S AND JUDY A IRS MILLS FAMILY TRUST
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Parking
The goal for Downtown is to have visitors park once and be able to walk to
any destination in the district, such as people do at a shopping mall. One
method for achieving this is shared parking, whereby a business's parking
requirement could be fulfilled offsite at a common lot shared with the other
businesses in the neighborhood. In addition to ensuring that customers do
not have to drive and re-park to patronize more than one establishment,
shared parking also makes it possible for businesses to use commercial
space that they would not be able to if they had to provide parking onsite.
This helps to remove a major obstacle to commercial vitality while
continuing to ensure that sufficient parking is available to serve the district
as a whole.
Where parking structures are used, they should be fronted by active uses,
such as storefronts along pedestrian walkways so as not to disrupt the
pedestrian experience.
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Parking structures should be fronted by active uses such as storefronts.
For mixed-use buildings, subterranean or interior parking courts should be
used to minimize the visual impact of parking. The location and design of
parking should not prohibit the desired street-oriented development
pattern nor inhibit the provision of comfortable and functional outdoor
spaces.
ARCADIA GENERAL PLAN-NOVEMBER 2010 LAND USE AND COMMUNITY DESIGN 12-43
0 ,191-111, k. CITY OFARCADIA
,� 1< r„• 240 W.HUNTINGTON DRIVE
<�. i, ARCADIA,CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit Application No.CUP 13-13 for an 8,948 square
foot wine and spirits boutique and tasting room with occasional live
entertainment.
2. Project Location—Identify street 204 N.First Avenue,Arcadia, CA 91006
address and cross streets or attach a (cross streets: Santa Clara Street&St. Joseph Street)
map showing project site(preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
3. Entity or person undertaking project: A.
B. Other(Private)
(1) Name H.K.Hedlund Jr.
(2) Address 1
4. Staff Determination:
The Lead Agency's Staff,having undertaken and completed a preliminary review of this project in accordance with
the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has
concluded that this project does not require further environmental assessment because:
a. ❑ The proposed action does not constitute a project under CEQA.
b. ❑ The project is a Ministerial Project.
c. ❑ The project is an Emergency Project.
d. ❑ The project constitutes a feasibility or planning study.
e. ® The project is categorically exempt.
Applicable Exemption Class: Section 15303
f. ❑ The project is statutorily exempt.
Applicable Exemption:
g. ❑ The project is otherwise exempt on
the following basis:
h. ❑ The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: October 25,2013 Staff: Tim Schwehr,Associate Planner
Preliminary Exemption Assessment\2011 FORM"A"
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RESOLUTION NO. 1886
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 13-13 WITH A CATEGORICAL EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR AN 8,948
SQUARE FOOT WINE AND SPIRITS BOUTIQUE AND TASTING ROOM
WITH OCCASIONAL LIVE ENTERTAINMENT IN AN EXISTING 15,413
SQUARE FOOT COMMERCIAL-INDUSTRIAL DEVELOPMENT AT 204
N. FIRST AVENUE.
WHEREAS, on September 26, 2013, an application was filed by Mr. H.K.
Hedlund, Jr. to open an 8,948 square foot wine and spirits boutique and tasting room
with occasional live entertainment at 204 N. First Avenue; and
WHEREAS, an environmental assessment was conducted and it was
determined that the proposed project meets the categorical exemption criteria under
CEQA Article 19 Categorical Exemptions Section 15303 of the CEQA Guidelines; and
WHEREAS, a public hearing was held by the Planning Commission on
November 12, 2013, 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 November 12, 2013 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 project will not be detrimental in any way to the public health or the
surrounding area. A wine and spirits boutique and tasting room with live entertainment
is consistent with the Zoning and General Plan Land Use Designations of the site and
will not conflict with the other existing uses at the site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. In the DMU, Downtown Mixed Use Zones, a wine
and spirits boutique and tasting room with live entertainment is allowed as a retail use
with alcoholic beverage sales for on-site and off-site consumption 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 wine and spirits boutique and tasting room with live
entertainment will occupy a portion of an existing commercial-industrial building. The
property features parking, landscaping, and other improvements typical of commercial
or industrial developments. The existing layout of the parking is not optimal, and is not
in compliance with ADA accessibility requirements. However, with the recommended
alterations to the parking lots to connect the two parking areas and add a van-
accessible handicap parking space, the site will be able to accommodate the proposed
use, and be ADA compliant.
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. The site is located at
the northeast corner of Santa Clara Street and First Avenue. These streets are
adequate to serve the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A wine and spirits boutique and tasting room with live
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entertainment is a commercial use that is consistent with the General Plan Land Use
Designation of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 13-13, subject to the following conditions:
1. The business shall not be open between the hours of 12:00 midnight and
6:00 a.m.
2. The parking lot shall be revised to provide a van-accessible handicap
parking space and a vehicular connection between the two parking areas. The specific
changes to the parking lots shall be subject to the review and approval by the
Community Development Administrator.
3. Live entertainment events shall be restricted to indoor areas and shall
comply with the City's noise regulations.
4. The use approved by CUP 13-13 is limited to a wine and spirits boutique and
tasting room, which shall be operated and maintained in a manner that is consistent
with the proposal and plans submitted and approved for CUP 13-13, 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, rights-of-way, and/or the neighboring businesses and properties.
5. All City requirements regarding disabled access and facilities; occupancy
limits; building safety; fire prevention, detection and suppression; health code
compliance; emergency access, egress and equipment; water supply and facilities;
sewer facilities; trash reduction and recycling requirements; environmental regulation
compliance, including National Pollution Discharge Elimination System (NPDES)
measures; and parking and site design shall be complied with to the satisfaction of the
-3- 1886
Building Official, City Engineer, Community Development Administrator, Fire Marshal,
and Public Works Services Director. Compliance with these requirements shall be
determined by having fully detailed construction plans submitted for plan check review
and approval by the foregoing City officials and employees.
6. Noncompliance with the plans, provisions and conditions of approval for
CUP 13-13 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the wine and spirits boutique and tasting room.
7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to any
approval or conditional 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 officials, officers, employees, and agents in the defense of the matter.
8. Approval of CUP 13-13 shall not take effect until the property owner, and the
applicant and business owner have executed and filed an Acceptance Form with the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
-4- 1886
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 12th day of November, 2013.
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
-5- 1886