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HomeMy WebLinkAbout1886 RESOLUTION NO. 1886 A RESOLUTION OF THE PLANNING OF USE PERMIT(NOF ARCADIA, CALIFORNIA, APPROV ING CONDITIONAL CUP 13-13 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL Q UALI YT ACT (CEQA) FOR TN APPROXIMATELY 5,500 SQUA BOUTIQUE AND TASTING ROOM G WITH 15,413OC SQUARE FOOT ENTERTAINMENT IN AN EXISTING DEVELOPMENT AT 204 N. FIRST AVENUE WHEREAS, on September 26, 2013, an application was filed by Mr. H.K. Hedlund, Jr. to open an approximately 5,500 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, with the exception of the square footage of the unit that was incorrectly stated as being 8,948 square feet, and the parking requirement information, which should have been a requirement for the site of 51 spaces for a deficiency of at least 34 spaces per Code. 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. -2- 1886 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 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) -3- 1886 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 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. ileuts*■P Chairman, Planning Commission ATTEST: S -ary APPROVED AS TO FORM: n Stephen P. Deitsch City Attorney -5- 1886 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1886 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 12th day of November, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Falzone, Parrille and Beranek NOES: Commissioner Baerg ABSENT: Commissioner Chiao e Se;is of the Planning Commission