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HomeMy WebLinkAboutItem 2 of AR C,1,,c srok.v4 ~ � 9 d U `Y Au¢ust 3.19U3 ° "' 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 %%CI'''. 14 ,1.■.,4 14° r Site Address: 204 NORTH 1ST AVENUE Property Owner(s): MILLS,RONALD S AND JUDY A IRS MILLS FAMILY TRUST .7%..A ,k*.A 1 i I / II $ * IN . ,,,,,,, ,, , i •,.t i•,••',":-,10s,:i'„..,,,,, :,f,,',•,;i2-„'4,1,',-.1,VA.,-'1.:- ''...:',- ,.•,, ;'-•'' '•,'t:'.->t' ,144::i "1:.-.44`74:M 1, :: ', ' ' - 441P, , deli aill, s * 4 R..,!•,'-t:,`,3.,,),;,,,..,,,,AtkiiL .,.-.,,,: , : -4- - ill , it,ilt t , 6 ' ..' it - = ,. .,*:,,,-,, `..„,*,;),../0", ,.•I'll,t.s...., '''''.1-'f! 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Year Built: 1960 =7: = .M.,../.1 .... eft •• /, -- ..,,,,-.., s ,y,,,, v ,.'`4,1(.,/,' ;;'-,,' ...II Number of Units: 0, r ,/4",",...7',7) ; ',,,:;--,1,'.//4,4://,.. 00 .0..; ,/,,,,....e. ,,./.:::,,,,,,, ,.,, Overlays 6' g/0:"M '4:,,:;;;./., 0 f Parking Overlay: n/a Downtown Overlay: n/a Special Height Overlay: n/a Architectural Design Overlay: n/a Parcel location within City of Arcadia This map is a user generated static output from an Internet mapping site and is for Report generated 07-Nov-2013 reference only. Data layers that appear on this map may or may not be accurate,current, Page 1 of 1 or otherwise reliable. ,t 1 1 , t • I'.1 • • • 5 girl 3 T i 5 -., It ' IF•'; ,t p €•p; rI • Y r, , y ,X1 7r u ca=S r t�w :" L! t« a.Irtw,.`' "x: R ,,,,,- a _4 4 - l`kh r' ` uz a,, -, - ` , ,. + Xr o Xr w�'� s� -, „ a.S $� r 4 t a zm o . .# 6 ' § d>:mss. ? 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"3f r_ cn • t 93 w., *u 9. ��f.+., f..n�";� „•..teer. ,...>.~..r,.s.y. -rae}-=�� p• • C rn r� ,• Aµ ''r.'!;"'' .: .0 �+x c �,.• ,.. ...�'fd' _ x r 1 � . ., '22;s R.,.s '.';4" y � "� r " .•., 3 „�' vfW . �� �. .-:r .. _• PROPERTY TO THE NORTH-VACANT LOT AND SURFACE PARKING LOT •s 4 r • , CO';C. 1111 4 k .•■•i „ • 1/4 • " -s, gi 141, .„. PROPERTY TO THE SOUTH-OFFICE BUILDING 10/1 g g qati ' PROPERTY TO THE WEST-FUTURE GOLD LINE STATION t ATM ..• Y A • PROPERY TO THE EAST-COMMERCIAL-INDUSTRIAL BUILDING ,fi 1p it 1 }13 y"S.x .,t',}✓S`Y Y 2 s *1 t d ,.: r. t ..f ...- frAi: PROPERTY TO THE SOUTHWEST-24 HOUR FITNESS GYM 4 w H 4: w o� Q r M � MC4 4 n a •r oD L,_ o° in CA d- y ,;u z ii 1 ,� t�fYk"gist� uyh� M1i �".t�'Ih qVT�d +. tW �tF q DA , ,. ` b ry 3 o tZt :47,4 (NI y7 ez - h R 1—• f I i N u ° u u4 c, to O N il I nt , 1I anuany 4&ILI. i—k 4 ``k II k H k I RWliogINS.Oow J I[ beano/PuWs - I T i o k i ® 't..� FE I. , el N i'i —I- - v 8ik 1 i '° i — 1 11 11 11. �- — s w y .c i< & ai k 1 141 1 - H sir a— # 1 I I i ' d- [ —1 �i o 0 off, 0 N fte. — \Ili]lilliIli111 _ I Iii Ii T I"—k—I 11111 I NI —k_ 1 J 1 - k .. i rye u� . I E IEB 1 : 1411 : 1 ! I W1 : 11 : 1 k ' T r 1 w I w I w N ... 1 ,r ., i. .i .a..� � ij(k k --v . � � 1W11 : 1 iP 1 T — , T t r___ 15 II,- i 1I �k_ .Is i_h^ E --I 1 N r. i_i 1 \ 1 \s\ \\.s.,2 , w A- 0 0 b•C' ' C)> 21100 K?*-4 44 p • J i i ,J' W a t ti b-itid:�O u g ,i,,,,,,,•::•i : \ 44a, Cr:,,,,,.: 'i ae H ' J{ i 7k d ) % „..., I gg [ W k a T ' "3 ^ x y y r ,t , x 'yr r x P t 4 tb1 FY k1 :P F 3 h''A 3 • r 1 Paseos work especially well to connect parking lots with commercial areas. { IJ 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. t y . r p 6 r 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" ; . Nr 7 - V.." I 4 . I I 0 . ,.,. _ „dor . . 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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 -2- 1886 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