HomeMy WebLinkAboutSeptember 7, 2004ROLL CALL:
A G E N D A
Arcadia City Council
and
Redevelopment Agency
Meeting
September 7, 2004
6:00 p.m.
Council Chambers Conference Room
City Council /Agency Members: Chandler, Marshall, Segal, Wuo
and Kovacic
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON- PUBLIC
HEARING /FIVE -MINUTE TIME LIMIT PER PERSON)
1. CLOSED SESSION
a. Pursuant to Government Code Section 54956.6 to confer about labor contract
negotiations - California Teamsters Public, Professional and Medical
• Employees' Union Local 911 (Confidential, Supervisor, Professional and
General Employee Unit and Public Works Employee Unit), Arcadia Police
Officers' Association, Arcadia Firefighters' Association, and unrepresented
employees: Department Heads, Division Managers, Supervisors and part-time
employees (City Negotiators William W. Floyd and Tracey Hause)
b. Conference with Real Property Negotiators (Government Code
Section 54956.8)
Property
55 West Huntington Drive
21 Morlan Place
28 West Santa Clara
41 West Huntington Drive
35 West Huntington Drive
27 West Huntington Drive
130 West Huntington Drive
Property Owner
Paul Rusnak
Hann Ling Shaw (Church in Arcadia)
Don and Ray Dahlgren
Mr. and Mrs. Manny Romero
Gary and Dan Braun (35 west Huntington Partners)
Richard Fisher (Tempelkadian)
Arcadia Land Corporation, Alhambra,
Linda Chang
Negotiating Parties — Agency Deputy Executive Director and
Economic Development Administrator
• Under Negotiation — Price and terms of payment
LASER IMAGED
Gary A. Kovacic, Mayor . John Wuo,'Mayor Pro tempore . Roger Chandler, Gail A. Marshall, Mickey Segal, Council Members
William R. Kelly, City Manager
Jim Barrows, City Clerk -.�
WELCOME TO YOUR CITY COUNCIL MEETING
Thank you for attending an Arcadia City Council meeting. The following information is provided to make the
meeting a more meaningful and understandable event.
The City of Arcadia is governed by a five - member City Council, which also serves as the Redevelopment Agency.
Every even - numbered year, either two or three Council Members are elected at large to serve four -year terms. The
City Council elects, from its membership, a Mayor to serve as the presiding officer for a one -year period.
The City Manager is employed by the City Council to carry out its policies and to serve as the Chief Executive
Officer of the City and the Executive Director of the Redevelopment Agency.
REGULAR CITY COUNCIL MEETINGS are held on the first and third Tuesdays of the month at 7:00 p.m.
in the Council Chambers located at 240 W. Huntington Drive. Meetings are broadcast live on cable channel 20
and replayed at various times in the following weeks. From time to time, special meetings are scheduled for
specific purposes. The City Council follows a regular order of business, as provided in the agenda for each
meeting. The agenda is prepared and made available to the public 72 hours in advance of the meeting. Full
agenda packages are available for review prior to the meeting in the City Clerk's Office at City Hall and at the
Arcadia Public Library.
CITIZEN PARTICIPATION is invited at all City Council meetings. At each regular meeting, time is reserves.•
for those in the audience who wish to address the City Council on any matter. There is a five- minute time limit
per person. Please be aware that, pursuant to the provisions of the Brown Act, the City Council is prohibited
from taking action on any issue not listed on the agenda, unless an emergency exists requiring City Council action
or an urgent need for action arises after the agenda is published.
Time is also reserved for individuals wishing to address the City Council about a scheduled "Public Hearing"
item. With respect to Public Hearings, persons addressing the City Council should limit their remarks to the
matter under consideration.
CONSENT CALENDAR items are considered to be routine in nature and may be enacted by one motion. There
is no separate discussion on these items unless a Council Member so requests.
An ORDINANCE is a City law which can only be amended or repealed by adoption of another Ordinance. A
proposed Ordinance requires two readings —an introduction and an adoption —at separate City Council meetings.
Ordinances become effective 30 days after adoption.
A RESOLUTION is an official statement of City Council policy, directs certain administrative or legal action,
or embodies a public City Council statement. A Resolution is adopted the same night it is proposed. Once
adopted, it remains City Council policy unless changed by a subsequent Resolution.
In compliances with the AMERICANS WITH DISABILITIES ACT, if you need special assistance t.•
participTfe�in a ,City gouncil jeeting, please contact the City Manager's Office at (626) 574 -5401 at least three
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staff in making reasonable arrangements to provide you with access to the meeting.
• 7:00 p.m.
Council Chambers
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL: Council Members /Agency Members: Chandler, Marshall, Segal,
Wuo and Kovacic
2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING
AGENDAITEMS
MOTION: Read all Ordinances and Resolutions by title only and waive reading in
full
3. PRESENTATION to the City by Mariposa Landscaping
4. PUBLIC HEARING — CITY COUNCIL
All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items
• of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect
to the proposed Items 4a and b, you may be limited to raising only those issues and objections which you or someone else raised at or
prior to the time of the Public Hearing.
a. Utilization of Law Enforcement Block Grant funds for the Y.E.S. Officer
Program
Recommendation: Approve
Recommendation: Adopt
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON- PUBLIC
HEARING /FIVE -MINUTE TIME LIMIT PER PERSON)
5. MATTERS FROM ELECTED OFFICIALS
City Council Reports /Announcements /Statements/Future Agenda Items
6. CONSENT — REDEVELOPMENT AGENCY
a. Minutes of the August 17, 2004 regular meetine and corrected Minutes of
• the August 3, 2004 regular meeting
Recommendation: Approve
2
0
CONSENT — CITY COUNCIL
b. Minutes of the August 17, 2004 regular meeting and corrected Minutes
of the August 3, 2004 regular meeting
Recommendation: Approve
C. Ordinance No. 2195 amending Article IV, Chapter 2, Divisions 1
and 3 of the Arcadia Municipal Code concerning gambling
Recommendation: Adopt
d. Ordinance No. 2198 amending Section 6434.2(a) of the Arcadia
Municipal Code relating to solid waste collection at Santa Anita Race
Track
Recommendation: Adopt
e. Ordinance No. 2200 amending Section 2710 of the Arcadia Municipal
Code to establish the design of the Seal of the City of Arcadia
Recommendation: Adopt
f. Purchase of code enforcement software
Recommendation: Waive the formal bidding requirements and authorize •
the City Manager to enter into a contract with HdL Companies in an
amount not to exceed $20,000.00 for code enforcement software
g. Inspection services for street improvements on Baldwin Avenue
Recommendation: Authorize the City Manager to enter into Amendment
No. 1 to the Professional Services Agreement with A.C.S. for inspection
services in the amount of $9,700.00
h. Rehabilitation of Orange Grove IA and Live Oak Well
Recommendation: Accept all work performed by Layne Christensen
Company, Incorporated as complete and authorize the final payment to be
made in accordance with the contract documents, subject to a retention of
$22,224.95
i. Annual tree trimming services contract
Recommendation: Authorize the City Manager to award a one (1) year
tree trimming services contract to California Landscape Services,
Incorporated in the amount of $265,600.00, authorize the transfer of
$50,000 from the Capital Improvement Program, and appropriate an
additional $10,600.00 for these services
•
• j. Final Map Tract No. 53890 for a 10 -lot single - family residential
subdivision at 1432 -1516 South Eighth Avenue
Recommendation: Approve
CITY MANAGER
a. Continued consideration of an appeal of the Planning Commission's
denial of CUP 2004 -005, a conditional use permit for an existing take -out
business to operate a restaurant with seating for 68 patrons, including
incidental outdoor dining at 136 Las Tunas Drive
Recommendation: Deny
b. Ordinance No 2197 pertaining to the composition of the Business Permit
and License Review Board and the Home Occupation Board
Recommendation: Introduce
ADJOURN the City Council/Redevelopment Agency to September 21, 2004 at
6:00 p.m., Council Chambers Conference Room in memory of Glenna Rasmussen and
Arthur L. Steffen
•
11
' ANNOTATED
COUNCIL AGENDA — CITY OF ARCADIA
TUESDAY, SEPTEMBER 7, 2004
ITEM NO.
DESCRIPTION
ACTION
1. a.
CLOSED SESSION
Pursuant to Government Code 54956.6 to confer about labor contract
No reportable action
negotiations — California Teamsters Public, Professional and Medical Employees'
was taken by the
Union Local 911 (Confidential, Supervisor, Professional and General Employee
City Council
Unit and Public Works Employee Unit), Arcadia Police Officers' Association,
Arcadia Firefighters' Association, and unrepresented employees; Department
Heads, Division Managers, Supervisors and part-time Employees (City
Negotiators: William W. Floyd and Tracey Hause).
Lb.
Conference with Real Property Negotiators (Government Code Section 54956.8)
No reportable action
Negotiating Parties: Redevelopment Agency, Deputy Executive Director and
was taken by the
Economic Development Administrator
City Council
Under Negotiation: Price and terms of payment.
Property Property Owner
5 West Huntington Drive Paul Rusnak
1 Morlan Place Hann Ling Shaw (Church in Arcadia)
8 West Santa Clara Don and Ray Dahlgren
1 West Huntington Drive Mr. and Mrs. Manny Romero
5 west Huntington Drive Gary and Dan Braun (3S W. Htg. Partners)
7 West Huntington Drive Richard Fisher (Tempelkadian)
130 West Huntington Drive Arcadia Land Corporation, Alhambra
Linda Chang
4.a.
PUBLIC HEARING — CITY COUNCIL:
Approve the use of the proposed 2004 Local Law Enforcement Block Grant funds
Approved
for the Y.E.S. Officer Program; appropriate $1,076.00 from the General Fund as
5 -0
required by the Department of Justice; and authorize the City Manager to
execute the agreements, as approved by the City Attorney.
4.b.
PUBLIC HEARING — CITY COUNCIL:
RES. 6432
Adopt Resolution No. 6432 ordering the vacation of a portion of the alley north
Approved
of Foothill Boulevard and west of Valencia Way.
5 -0
6.a.
CONSENT AGENDA ( ARCADIA REDEVELOPMENT AGENCY):
Request for approval of the Minutes of the August 17, 2004 Regular Meeting and
Approved
corrected Minutes of the August 3, 2004 Regular Meeting.
5 -0
CONSENT AGENDA (COUNCIL):
6. b.
Request for approval of the Minutes of the August 17, 2004 Regular Meeting
Approved
and corrected Minutes of the August 3, 2004 Regular Meeting. -'
5-0
6. c.
Adopt an Ordinance of the City Council of Arcadia, California, amending Article
ORD. 2195
IV, Chapter 2, Divisions 1 and 3 of the Arcadia Municipal Code concerning
Approved
gambling.
5 -0
Page 1 oft LASER IMAGED 2?
Page 2 of 2
6. d.
Adopt an Ordinance of the City Council of Arcadia, California, amending
ORD. 2198
Section 6434.2(a) of the Arcadia Municipal Code relating to solid waste
Approved
collection at Santa Anita Race Track.
5 -0
6. e.
Adopt an Ordinance of the City Council of Arcadia, California, amending
ORD. 2200
Section 2710 of the Arcadia Municipal Code to establish the design of the Seal
Approved
of the City of Arcadia.
5 -0
6. f.
Authorize the City Manager to enter into a contract with HdL Companies in an
Approved
CONTRACT
amount not to exceed $20,000.00 for code enforcement software.
5 -0
6.g.
Authorize the City Manager to enter into Amendment No. 1 to the Professional
Approved
PSA
Services Agreement with A.C.S. for inspection services in the amount of
5 -0
$9,700.00.
6. h.
Accept all work performed by Layne Christensen Company, Incorporated for the
ACCEPT WORK
rehabilitation of the Orange Grove Well 1A and Live Oak Well as complete and
Approved
authorize the final payment to be made in accordance with the contract
5 -0
documents, subject to a retention of $22,224.95.
6.1.
Authorize the City Manager to award a one (1) year tree trimming services
CONTRACT
contract to California Landscape Services, Incorporated in the amount of
Approved
$265,600.00, authorize the transfer of $50,000 from the Capital Improvement
4 -0
Program to the Operating Budget for tree maintenance, appropriate an
Kovacic abstaining
additional $10,600.00 to pay for these services, and authorize the City
Manager and City Clerk to execute a contract in a form approved by the City
Attorney.
6.j.
FINAL MAP
Approve Final Map No. 53890 for a 10 -lot single- family residential subdivision at
1432 -1516 South Eighth Avenue.
Approved
5 -0
7.a.
CITY MANAGER:
AN APPEAL OF
Continued consideration of an appeal of the Planning Commission's denial of
Deny appeal
A PLANNING
CUP 2004 -005, a conditional use permit for an existing take -out business to
5 -0
BOARD
operate a restaurant with seating for 68 patrons, including incidental outdoor
DECISION TO
dining at 136 Las Tunas Drive.
DENY A C.U.P.
7.b.
An Ordinance of the City Council of Arcadia, California pertaining to the
ORD. 2197
composition of the Business Permit and License Review Board and the Home
Introduce
Occupation Board.
5 -0
Page 2 of 2
- -• 46:0139
CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY
. REGULAR MEETING
TUESDAY, SEPTEMBER 7, 2004
MINUTES
Audio and video tape copies of the City Council /Redevelopment Agency proceedings
are on file in the office of the City Clerk
The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on
Tuesday, September 7, 2004, 6:00 p.m. in the Council Chamber Conference Room
pursuant to the previously adjourned Regular Meeting.
ROLL CALL PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic
ABSENT: None.
PUBLICCDMMENT TIME RESERVED FOR AUDIENCE PARTICIPATION
L CLOSED SESSION
a. Pursuant to Government Code 54956.6 to confer about labor contract negotiations —
California Teamsters Public, Professional and Medical Employees' Union Local 911
(Confidential, Supervisor, Professional and General Employee Unit and Public Works
Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association,
. management and unrepresented employees; Department Heads, Division Managers,
Supervisors and Part-Time Employees (City Negotiators: William W. Floyd and Tracey
Hause).
b. Conference with Real Property Negotiators (Government Code Section 54956.8)
Property
Property Owner
55 West Huntington Drive
Paul Rusnak
21 Morlan Place
Hann Ling Shaw (Church in Arcadia)
28 West Santa Clara
Don and Ray Dahlgren
41 West Huntington Drive
Mr. and Mrs. Manny Romero
35 West Huntington Drive
Gary and Dan Braun
27 West Huntington Drive
Richard Fisher
130 West Huntington Drive
Arcadia Land Corp., Alhambra, Linda
Chang
Negotiating Parties for Agency — Deputy Executive Director/ Econ. Dev. Administrator
Under Negotiation — Price and terms
of payment
RECONVB4E The Regular Meeting of the City Council and Arcadia Redevelopment Agency was
REGIARMEETING reconvened in the City Council Chamber at 7:07 p.m.
INVOCATION Reverend Philip Wood, Church of the Good Shepherd
PLEDGE OF Jim Barrows, City Clerk
ALLEGIANCE
ROLL CALL PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic
ABSENT: None.
LASER IMAGED 91,104
&i9
46:0140
REPORT FROM CLOSED SESSION
Steve Deitsch, City Attorney, noted that there was no reportable action taken by the •
City Council in the Closed Session meeting.
2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
Bill Kelly, City Manager, noted that there was an error in the August 17, 2004 City
Council minutes; staff will correct the minutes to reflect Council Member Marshall's
vote on item 2.a. as an "aye."
MOTION - ORD. & It was moved by Council Member Marshall and seconded by Council Member Segal
RES. READ BY TITLE then carried without objection that Ordinances and Resolutions be read by title only
ONLY and that the reading in full be waived.
3. PRESENTATION to the City by Mariposa Landscaping
The City Council was presented with an award from the California Landscape
Contractors Association, which honored Mariposa Landscaping and the City for their
work on the landscape for the new Police Headquarters.
4. PUBLIC HEARING — CITY COUNCIL
a. PUBLIC
Mr. Kelly noted that the City applied for and received approval for the 2004 Local Law
HEARING - STAFF
Enforcement Block Grant (LLEBG) in the amount of $9,683.00; the grant is provided to
REPORT (Block
assist local governments with program to reduce crime and improve public safety; the
Grant funds)
City of Arcadia uses these funds to continue the position of the Youth and Educational
Support (Y.E.S.) Officer Program at Arcadia High School. •
PUBLIC COMMENT
None.
MOTION TO A motion was made without objection by Council Member Marshall and seconded by
CLOSE PUBLIC Council Member Chandler to close the public hearing.
HEARING
COUNCIL Council Member Marshall noted that at a recent joint meeting both the Arcadia City
DELIBERATION Council and Arcadia Board of Education agreed that the Y.E.S. Officer program was of
utmost importance as an outreach tool between local law enforcement and high school
students.
MOTION It was moved by Council Member Marshall and seconded by Council Member Chandler
to approve the use of the proposed Local Law Enforcement Block Grant funds for the
Y.E.S. Officer Program; appropriate $1,076.00 from the General Fund as required by
the Department of Justice; and authorize the City Manager to execute the agreements,
as approved by the City Attorney.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic
NOES: None.
4. PUBLIC HEARING — CITY COUNCIL
a. PUBLIC Don Penman, Assistant City Manager /Development Services Director, and Phil Wray,
HEARING — STAFF City Engineer presented the staff report; staff noted that the owner of the property at •
REPORT (Vacation 1111 Valencia Way has requested the City to vacate a portion of the alley west of
— Valencia Valencia Way directly north of Foothill Boulevard; they further noted that the alley
Way/Foothill Blvd.) serves no public access purpose; the Council previously approved Resolution No. 6428
030A It /1 2M 2 9/7/04
0
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46:0141
declaring the City's intention to vacate a portion of the alley north of Foothill Boulevard
and west of Valencia Way, staff is recommending that the City Council approve the
vacation.
PUBLIC COMMENT None.
MOTION TO A motion was made without objection by Council Member Marshall and seconded by
CLOSE PUBLIC Council Member Chandler to close the public hearing.
HEARING
COUNCIL In response to questions from Mayor Kovacic, Mr. Wray noted that the two subject
DELIBERATION property owners had agreed to the lot line adjustment, that the City of Arcadia does
not own the alley property, and that the property is an easement to the City.
MOTION It was moved by Council Member Marshall and seconded by Council Member Chandler
to approve a Resolution of the City Council of the City of Arcadia, California ordering
the vacation of a portion of the alley north of Foothill Boulevard and West of Valencia
Way.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic
NOES: None.
TIME RESERVED FOR AUDIENCE PARTICIPATION
Arthur Cohen appeared to speak on item 7.a. Mayor Kovacic noted that Mr. Cohen
could speak later in the meeting when Council would be considering the item.
Bob Hoherd. 475 Wisteria, appeared to speak about the role of the Arcadia Beautiful
Commission and his concerns about the proper role of the Council, City staff, and the
Commissioners.
In response to a question from Mayor Kovacic, Mr. Kelly noted that City staff will meet
with the Arcadia Beautiful Commissioners to explain any changes in Commission policy.
S. MATTERS FROM ELECTED OFFICIALS
COUNCIL MEMBER Council Member Marshall noted that she had received a complaint that the dog size
MARSHALL rules were being violated at the Dog Park; she requested information regarding the
posting of signs and the feasibility of charging fines for violating posted rules; she also
requested on update from staff regarding the Dog Park Volunteer Program.
Mr. Kelly noted that he will work with the City Attorney to review posting and fine
requirements; he further noted that Recreation and Community Services staff is
meeting with an individual who was interested in developing a Dog Park volunteer
program and they will report their findings to the Recreation and Park Commission on
all the referenced issues and the matters would be on a future agenda to resolve any
pending issues.
COUNCIL MEMBER Council Member Segal thanked Mr. Kelly for organizing the recent joint meeting
SEGAL between the City Council and the Arcadia Board of Education; he reminded the public
about the Arcadia Educational Foundation's upcoming fundraising event at the new
Westfield Shopping Center movie theatre; last, he noted that school is back in session
and all drivers should be aware of traffic conditions around campus sites.
9/7/04
46:0142
COUNCIL MEMBER Council Member Chandler had no report at this time.
CHANDLER •
COUNCIL MEMBER Council Member Wuo thanked Mr. Kelly for arranging the recent joint meeting between
WUO the City Council and the Arcadia Board of Education; he noted that he recently
attended a "hard hat" tour of the Westfield Shopping Mall expansion; last, he reminded
parents to allow themselves plenty of time to get students to campus and not to
double park.
CITY CLERK City Clerk Jim Barrows echoed Council Members Segal and Wuo regarding their
BARROWS comments about school traffic safety.
MAYOR KOVACIC Mayor Kovacic reminded the public about the Arcadia Educational Foundation's
fundraising event at the Westfield Shopping Center on Thursday, September 30tH
2004, and noted that tickets could be purchased by calling 626 - 447 -2165.
6. CONSENT AGENDA — REDEVELOPMENT AGENCY
The Consent Agenda items were read as follows by the Executive Director:
a. MINUTES Request for approval of the minutes of the August 17, 2004 Regular Meeting and
(Redev. Agency) corrected minutes of the August 3, 2004 Regular Meeting.
MOTION - CONSENT It was moved by Agency Member Wuo and seconded by Agency Member Marshall,
AGENDA then carried on roll call vote to approve items 6.a., on the Arcadia Redevelopment
Agency consent calendar.
ROLL CALL AYES: Agency Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
CONSENT AGENDA — CITY COUNCIL
The Consent Agenda items were read as follows by the City Manager:
b. MINUTES Request for approval of the minutes of the August 17; 2004 Regular Meeting and
(City Council) corrected minutes of the August 3, 2004 Regular Meeting.
c. ORDINANCE No. Council Member Marshall requested that this item be considered separately from the
2195 Consent Calendar. See detail below.
d. ORDINANCE No. Adopt an Ordinance of the City Council of the City of Arcadia amending Section
2198 6434.2(a) of the Arcadia Municipal Code concerning solid waste collection at Santa
Anita Race Track.
e. ORDINANCE No. Adopt an Ordinance of the City Council of the City of Arcadia, California, amending
2200 Section 2710 of the Arcadia Municipal Code to establish the design of the Seal of the
City of Arcadia.
f. PURCHASE OF Authorize the City Manager to enter into an agreement with HdL Companies in an
SOFTWARE amount not to exceed $20,000 for Code Enforcement Software; and authorize the
purchase of a new application server in an amount not to exceed $6,000.00.
•
4 9/7/04
46:0143
g. CONTRACT Council Member Marshall requested that this item be considered separately from the
• AMENDMENT Consent Calendar. See detail below.
h. ACCEPT ALL Accept all work performed by Layne Christensen Company for the rehabilitation of the
WORK AS Orange Grove Well lA and Live Oak Well as complete; and authorize final payment to
COMPLETE be made in accordance with the contract documents, subject to a retention of
$22,224.95.
L AWARD Council Member Marshall requested that this item be considered separately from the
CONTRACT Consent Calendar. See detail below.
j. FINAL MAP TRACT Council Member Marshall requested that this item be considered separately from the
APPROVAL Consent Calendar. See detail below.
MOTION - CONSENT It was moved by Council Member Marshall and seconded by Council Member Segal,
AGENDA then carried on roll call vote to approve items 6.b., 6.d., 6.e., 6.f., and 6.h on the City
Council consent calendar.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE
CONSIDERATION BY THE CITY COUNCIL
c. ORDINANCE No. Adopt an Ordinance of the City of Arcadia, County of Los Angeles, State of California,
2195 amending Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code
concerning gambling.
In response to a question from Council Member Marshall, Mr. Deitsch, City Attorney,
noted that the Ordinance change will clarify the language regarding games of "skill'
and games of "chance;" he further noted that games of "chance" are largely prohibited
by the State of California.
MOTION It was moved by Council Member Marshall and seconded by Council Member Segal,
then carried on roll call vote to approve item 6.c.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
g. CONTRACT Authorize the City Manager to enter into Amendment No. 1 to the Professional Services
AMENDMENT Agreement with Anderson Consulting Service for inspection services in the amount of
$9,700.00.
In response to a question from Council Member Marshall, Mr. Wray, City Engineer,
noted that change orders to the agreement were necessary since there were certain
underground facilities and structural changes that could not have been anticipated until
the project was started.
MOTION It was moved by Council Member Marshall and seconded by Council Member Chandler,
then carried on roll call vote to approve item 6.g.
• ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
5 9/7/04
46:0144
i. AWARD Award a one (1) year tree trimming services contract to CLS in the amount of
CONTRACT $265,600; authorize the transfer of $50,000 from the Capital Improvement Program to •
the Operating Budget for tree maintenance; appropriate an additional $10,600 from the
General Fund to pay for these services; and authorize the City Manager and City Clerk
to execute a contract in a form approved by the City Attorney.
Mayor Kovacic abstained from participating in the consideration of this item noting that
his employer represents the proposed contractor on this item in an eminent domain
action in another city and county; he noted that the connection between his
employment and his vote on this item could create an appearance of a conflict of
interest. He then proceeded to leave the Council Chamber for the remainder of Council
deliberation and action on this item.
In response to a question from Council Member Marshall, Pat Malloy, Public Works
Services Director noted that the prices for this service did increase, however, staff and
the City Attorney were able to negotiate a fair and reasonable. price for the contract.
MOTION It was moved by Council Member Marshall and seconded by Council Member Segal,
then carried on roll call vote to approve item 6.1.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo
NOES: None
ABSTAIN: Kovacic
Mayor Kovacic rejoined the Council meeting after the vote on item 6.1.
j. FINAL MAP TRACT Approve Final Map Tract No. 53890 for a 10 -lot single - family residential subdivision at
APPROVAL 1432 -1516 South Eighth Avenue.
In response to a question from Council Member Marshall, Ms. Butler noted that the lot
sizes in this subdivision well exceeded the area's zoning minimum of 7500 square feet.
MOTION It was moved by Council Member Marshall and seconded by Council Member Segal,
then carried on roll call vote to approve item 6.j.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
7. CITY MANAGER
a. ORDINANCE No. Mr. Penman; and Ms. Butler, Community Development Administrator, presented the
2200 staff report; staff noted that this matter was a continued consideration of an appeal of
Planning Commission Resolution 1707 denying Conditional Use Permit Application No.
04 -005 to allow seating at an existing take -out food establishment (Celeste's Kitchen)
to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive;
staff recommended denial of the CUP based upon its finding that the site for the
restaurant use is not adequate in size to. accommodate. the use and the required
parking for customer and employees could not be secured by covenant.
Council Member Chandler noted that the owners of an adjacent business denied
signing the covenant for this project that would have granted Celeste's Kitchen an
additional number of parking spaces.
In response to questions from Mayor Kovacic, Ms. Butler noted that enforcement of •
seating at the restaurant would be difficult for staff, although certain provisions could
be included in any approved C.U.P. that would require, for example, the seating to be
A 9/7/04
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•
•
AUDIENCE
PARTICIPATION
46:0145
removed during take -out only hours or that the chairs be placed on top of the tables to
discourage violation of the C.U.P.
Arthur Cohen appeared to speak on behalf of the owners of Celeste's Kitchen. He
noted that the applicant is willing to comply with any of the conditions that have been
set forth in staff's formal report to the City Council.
Sandra Rentschler, appeared to speak on behalf of Buona Fortuna, LLC, noting that it
will agree to sign a covenant and agreement to maintain 8 parking spaces at 132 Las
Tunas Drive for the benefit of the City of Arcadia and Celeste's Kitchen.
MOTION A motion to deny was made by Council Member Chandler. The motion failed to move
to the roll call vote due to lack of a "second" to the motion.
COUNCIL Council Member Wuo noted that he was in favor of denying the appeal due to his belief
DELIBERATION that the City Council should follow and enforce the City Code, especially in a matter
such as this one, where the facts of the case show that there was a clear violation of
the code.
Council Member Marshall noted that she was in favor of denying the appeal.
Mayor Kovacic noted that the area of south Arcadia is in need of an enterprise such as
Celeste's Kitchen and that the City has worked to convert this area to one with a
vibrant collection of retail establishments and restaurants; he noted that Celeste's
Kitchen is a wonderful business, however, it is in the wrong location to accommodate
the type of parking and building requirements needed.
MOTION It was moved by Council Member Chandler and seconded by Council Member Wuo then
carried on roll call vote to deny Conditional Use Permit No. CUP 04 -005 to allow seating
at an existing take -out food establishment ( Celeste's Kitchen) to accommodate 68
patrons including incidental outdoor dining at 136 Las Tunas Drive.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
b. INTRODUCE Mr. Kelly presented the staff report; staff has determined that it is appropriate to
ORDINANCE recommend new membership for two (2) boards comprised of City staff: (1) the Home
Occupation Board and (2) the Business Permit and License Review Board; the changes
are recommended in order to bring the membership of each Board more in line with
the goals and objectives of each Board's responsibilities.
MOTION It was moved by Council Member Wuo and seconded by Council Member Marshall to
introduce an Ordinance of the City Council of the City of Arcadia, California,. pertaining
to the composition of the Business Permit and License Review Board and the Home
Occupation Board.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
9/7104
46:0.46
ADJOURNMENT Noting no additional business, at 6:35 p.m. the City Council /Redevelopment Agency
(to September 21, adjourned its Regular Meeting in memory of Glenna Resmussen, Arthur Steffen, Rose •
2004, Biaselli, and Gene Shephard to September 21, 2004 at 6:00 p.m. in the Council
6:00 p.m.) Chamber for the Council's next Regular Meeting.
by:
James Barrows, City Clerk
Vida Tolman, Chief Deputy City Clerk
9/7/04
•
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DATE: September 7, 2004
STAFF REPORT
?administrative Services Department
TO: Mayor and City Council ��j�
FROM: David Hinig, Police Chief'
Prepared by: Chris Ludlum, Senior Management Analyst
SUBJECT: Utilize Local Law Enforcement Block Grant funds for the Y.E.S. Officer
Program
Recommendation: Approve
SUMMARY
•The City applied for and received approval for the 2004 Local Law Enforcement Block
Grant (LLEBG) in the amount of $9,683.00. This grant is administered by the Bureau of
Justice Assistance (BJA), U.S. Department of Justice (DOJ) and is provided to assist
local governments with programs to reduce crime and improve public safety. Staff
recommends that the City Council approve the utilization of LLEBG funds for the Youth
and Educational Support (Y.E.S.) Officer Program.
DISCUSSION
The 2004 Local Law Enforcement Block Grant (LLEBG) application has been
preliminarily approved, pending final approval by the U.S. Department of Justice (DOJ).
Additionally, the grant requires a public hearing to receive input on the use of the
proposed funds.
Once the funds have been formally approved, staff has recommended that the grant in
the amount of $9,683.00 (plus a required match by the City of $1,076.00) be used in
partnership with the Arcadia Unified School District to continue the position of the Y.E.S.
Officer at Arcadia High School. The Y.E.S. Officer has had a positive impact on the
high school campus and this LLEBG will carry the Y.E.S. program through its sixth year
of operation.
•
LASER IMAGED
1 " \1
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Mayor and City Council
September 7, 2004 •
Page 2
The primary responsibility of the Y.E.S. Officer will again be:
1. Serve as a liaison between :the high school and the Police Department
2. Interact with students, teachers, and administrators
3. Promote campus safety
4. Administer awareness programs
Staff recommends that the City Council approve the utilization of LLEBG funds for the
Youth and Educational Support (Y.E.S.) Officer Program.
FISCAL IMPACT
It is anticipated that the only impact to the General Fund will be the required matching
funds of $1,076.00 and funding for overtime as needed.
RECOMMENDATION
1. Conduct a public hearing and receive public comments
2. -Approved the use of the proposed LLEBG funds for the Y.E.S. Officer •
Program
3. Appropriate $1,076.00 from the General Fund as required by the DOJ
4. Authorize the City Manager to execute the agreements, as approved by the
City Attorney
DH:CL:
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Approved:
s
William R. Kelly, City Manager
r1
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NOTICE OF PUBLIC HEARING
BEFORE THE
ARCADIA CITY COUNCIL
NOTICE IS HEREBY given that on September 7, 2004 at 7:00 p.m. in the
Arcadia City Council Chambers, 240 West Huntington Drive, Arcadia, California, the
City Council will hold a public hearing to receive input on the utilization of proposed
grant funding from the Bureau of Justice Assistance, a component of the U.S.
Department of Justice, in the amount of $9,683.00.
For further information, contact the City of Arcadia Administrative Services
• Department at (626) 574 -5459 Monday through Friday between the hours of 7:00 a.m.
and 5:00 p.m.
Chris Ludlum
Senior Management Analyst
Today's Date: August 4, 2004
Publish Date: August 16, 2003
August 23, 2003
•
STAFF REPORT
Development Services Department
DATE: September 7, 2004
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director
Philip A. Wray, City Engineer
SUBJECT: Adopt Resolution No. 6432 Ordering the Vacation of a Portion of the.Allev
North of Foothill Boulevard and West: of Valencia Wav Subject to the
Conditions Herein
Recommendation: Adopt
SUMMARY
The owner of the property at 1111 Valencia Way has requested the City to vacate a portion
of the alley west of Valencia Way directly north of Foothill Boulevard. The alley is adjacent
to the south property line of 1111 Valencia Way, is approximately 132 feet in length, and
begins at Valencia Way and extends west to the office complex at 301 -317 East Foothill
Boulevard. The alley serves no public access purpose. As part of the vacation process, the
City Council must set a time and place to hold a public hearing to ascertain the necessity to
abandon and vacate said right -of -way.
The City Council at its August 3, 2004 meeting approved Resolution No. 6428 declaring the
City's intention to vacate a portion of the alley north of Foothill Boulevard and west of
Valencia Way (Attachment A). Based on evidence presented, staff is recommending that
the City Council adopt Resolution No. 6432 ordering the vacation of said alley portion
subject to the condition herein.
DISCUSSION
In 1924, Tract Map No. 6341 was recorded which among other things created an alley
extending from Valencia Way 132 feet west to the tract boundary. It appears that the alley
was intended to provide access to the rear of the lots fronting Foothill Boulevard and extend
west with future subdivisions. The property directly to the west, at 301 -317 East Foothill
Boulevard, has since been developed as one large office complex, and has blocked the
alley, precluding any further extension. The two parcels abutting the alley on the south at
the west end are part of the Foothill Boulevard office complex and have eliminated access
• to and from the alley with the construction of a block wall.
LASER IMAGED
1�e
Staff Report
Vacate a Portion of the Alley North of FoothillMest of Valencia
September 7, 2004
Page 2
•
The alley only provides access for the adjacent properties closer to Valencia Way. The
owner of the property at 1111 Valencia Way currently uses the alley as a driveway and the
two parcels on the south side at the east end of the alley are combined into one
development and use the alley as an exit from their parking lot.
The owner of the property at 1111 Valencia Way previously requested the City to vacate the
entire alley from Valencia Way west. On August 19, 2003, the City Council held a public
hearing and approved the vacation of the alley subject to two conditions:
1. A lot line adjustment be filed with the City and approved by the Planning
Commission to place the entire westerly half of the alley under one ownership
common with the property at 1111 Valencia Way.
2. i. A reciprocal access easement be prepared and entered into by the owners of the
properties adjacent to the east half of the alley nearest Valencia Way.
The first condition was completed but the second one was not. The adjacent owner to the
south along the easterly half of the alley changed its position relative to the vacation and
chose not to enter into an agreement. After six months the alley vacation became null and
void.
The owner of 1111 Valencia Way has approached the City with a new request to vacate
only the westerly half of the alley and has paid the necessary filing fees. Under this •
proposal, the front half would remain a public alley for the benefit of access to the adjacent
parcels. Condition No. 1 above still applies and must be recorded concurrent with the
vacation.
Pursuant to and in accordance with provisions: of Part 3 of Division 9 of the Streets and
Highways Code, the City Council may vacate a public roadway that is "unnecessary for
present and prospective public street purposes ". The California Streets and Highways
Code Sections 8322 and 8324 also requires that the City Council hold a public hearing prior
to final approval of any roadway vacation. Additionally, the alley vacation shall be subject to
the reservation and exception of all easements requested by agencies or utility companies
as authorized by Sections 8340 and 8341 of the Streets and Highways Code of the State of
California.
At its June 10, 2003 meeting, the Planning Commission made the finding that vacating the
alley west of Valencia Way directly north of Foothill Boulevard was in conformance with the
City's General Plan.
The local utility companies have been notified as to the proposed vacation: None of the
utility companies object to the vacation; however, Southern California Edison and Verizon
have requested that the vacation contain verbiage to I retain an easement to maintain
existing facilities lying within the area to be vacated. Said reservation to maintain or
reconstruct facilities is included in resolution vacating subject property.
Notice of this Public Hearing and the Resolution declaring the City's intention to vacate •
we`(r�e.pul�ljshpe p_op,,Ay gust 23, 2004 and August 30, 2004 in the Arcadia Weekly and posted
Staff Report
Vacate a Portion of the Alley North of Foothill/West of Valencia
September 7, 2004
Page 3
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on August 23, 2004, all in accordance with the Streets and Highways Code. AS of this date,
the City has not received any objections to the vacation.
Based upon initial . investigation of the subject alley vacation, comments from City
Departments /Divisions, other agencies and utility companies, it is staffs opinion that the
westerly portion of the subject alley is unnecessary for present and prospective public street
purposes and recommends it to be vacated and abandoned subject to condition No. 1
stated previously:
ENVIRONMENTAL ANALYSIS
Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the
alley vacation is covered under the general, rule that CEQA applies only to projects that
have a potential for causing a significant effect on the environment. Where it can be seen
with certainty that the activity will not have a significant effect on the environment, a Notice
of Exemption is sufficient.
FISCAL IMPACT
It is estimated that the administrative costs associated with the alley portion vacation will be
approximately $2,000. The property owner requesting the vacation has paid the costs.
RECOMMENDATION
It is recommended that the City Council:
1. Open the Public Hearing to receive all comments and evidence offered by
persons interested in the alley vacation.
2. Upon closure of the Public Hearing find that from all the evidence
submitted that the subject alley is unnecessary for present or prospective
public use, and adopt Resolution 6432 ordering the vacation of a portion of
the alley north of Foothill Boulevard and west of Valencia Way subject to
the condition herein.
Approved: - -=-='y
William R. Kelly
City Manager
DP:PAW:pa
Attachments: A:
B:
Location Map
Resolution No. 6432
RESOLUTION NO. 6432
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA ORDERING THE VACATION OF A
PORTION OF THE ALLEY NORTH OF FOOTHILL
BOULEVARD AND WEST OF VALENCIA WAY
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Arcadia ( "City Council'), on August 3,
2004, adopted Resolution No. 6428 declaring the intention of the City Council to vacate
and abandon a portion of the alley north of Foothill Boulevard and west of Valencia Way in
the City of Arcadia, County of Los Angeles, State of California. The location of that portion
of the alley subject to the proposed vacation (the "Alley Portion ") is more particularly shown
in Exhibit "A" and Exhibit "B° attached hereto.
SECTION 2. Notices of Resolution No. 6428 were duly published and posted in the
manner and form and at the time required by the Streets and Highways Code of the State
of California, Sections 8322 and 8323.
SECTION 3. A Public Hearing was duly held September 7, 2004 at 7:00 p.m. in the
Council Chamber of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, at
which time the City Council received all comments and evidence offered by persons
interested in the proposed vacation of the Alley Portion.
SECTION 4. Pursuant to Government Code 65402(a), the Planning Commission of
the City of Arcadia, during its regular meeting on June 10, 2003 determined that the
proposed vacation is consistent with the General Plan of the City of Arcadia.
1 LASER IMAGED -if
SECTION 5. The City Council does find that the vacation of the Alley Portion is
being made in accordance with Chapters 3 and 5 of Part 3 of Division 9 of the Streets and
Highways Code of the State of California (Streets and Highways Code Section 8320, et
seq.)
SECTION 6. Pursuant to Section 15061(b)(3) of the California Environmental
Quality Act (CEQA), the proposed Alley Portion vacation is covered under the general rule
that CEQA applies only to projects that have a potential for causing a significant effect on
the environment. Where it can be seen with certainty that the activity will not have a
significant effect on the environment a Notice of Exemption is sufficient. Therefore, a
Notice of Exemption has been filed with the County Clerk of the County of Los Angeles.
SECTION 7. Pursuant to the Streets and Highways Code Section 8340 and 8341,
the City Council of the City of Arcadia finds that the public convenience and necessity
require the reservation and exception of easements from the vacation to the following
agencies:
(a) To the Southern California Edison Company, the easement and right -of -way
necessary to maintain, operate, replace, remove, or renew facilities
necessary to transport electricity in, upon, or over the Alley Portion.
(b) To Verizon California Incorporated, an easement to construct, use, maintain,
operate, alter, add to, repair, replace, reconstruct, inspect, remove, and
renew such aerial and underground communication facilities (including
ingress thereto and egress therefrom) consisting of poles, anchors, guy
wires, cables, wires, cross arms, conduit, man - holes, handholds, markers,
pedestals, terminal equipment cabinets, electrical conductors and necessary
fixtures and appurtenance in, upon or over the Alley Portion.
2
SECTION 8. The City of Arcadia does find that the Alley Portion vacation and the
recordation of this Resolution, shall be subject to the prior satisfaction of the following
conditions:
(a) A lot line adjustment shall be applied for and processed to conclusion by the
owners of the properties at 1111 Valencia Way and 317 East Foothill Blvd.
so that the westerly sixty -six (66) feet of the current alley shall become
entirely under the fee ownership of the northerly lot (1111 Valencia Way).
The applicants shall apply for the lot line adjustment and pay all applicable
fees and the City shall process the application. Upon approval of the lot line
adjustment, the City shall file a Certificate of Compliance with the Office of
the County Recorder of Los Angeles County. The Certificate of Compliance
shall be recorded at the time of recordation of this Resolution.
SECTION 9. Pursuant to the Streets and Highways Code Section 8324, the City
Council finds from all evidence submitted the Alley Portion unnecessary for present or
prospective public use and, therefore, it is ordered that that the Alley Portion be vacated.
This vacation shall automatically terminate and shall have no other force or effect if the
condition set forth in Section 8 is not completed to the satisfaction of the City Engineer
within six (6) months of the date of approval of this Resolution.
SECTION 10. The City Clerk of the City of Arcadia shall certify to the adoption of
this Resolution and shall cause a certified copy thereof to be recorded without
acknowledgement, certificate of acknowledgement, or further proof in the Office of the
County Recorder of. Los Angeles County after the aforementioned, conditions have been
satisfied.
9
SECTION 11. From and after the date this Resolution No. 6432 is recorded, the
Alley Portion vacated will no longer constitute a public right -of -way.
SECTION 12. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved, and adopted this 7th day of September; 2004.
ATTEST:
IS/ JAMES . BARROWS_
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
�� t r & �
City Attorney of the City of Arcadia
4
A:I Y An KOVACIC
Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6432 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 7th day of September, 2004 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
F1
City Clerk of the City of Arcadia
EXHIBIT "A"
LEGAL DESCRIPTION OF
PORTION OF ALLEY TO BE VACATED
THE WEST ONE HALF OF THAT CERTAIN EAST -WEST ALLEY, 15 FEET WIDE,
IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS SHOWN ON MAP OF TRACT NO. 6341, RECORDED IN BOOK
104,,PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BOUNDED AS FOLLOWS:
EASTERLY BY THE WESTERLY LINE OF VALENCIA WAY, 50 FEET WIDE;
WESTERLY BY THE WESTERLY LINE OF SAID TRACT NO. 6341;
SOUTHERLY BY THE NORTHERLY LINES OF LOTS 26 THROUGH 29 OF SAID
TRACT NO: 6341.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS
MADE A PART HEREOF.
EXHIBIT "A"
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EXHIBIT "B"
LOT 24
C�
LOT 25 '
co
rv1 / / /x //A ALLEY Lc)
P.M. NO. 1081
P.M. 18 -26)�,h
LOT 26 1 LOT 27 1 LOT 28 1 LOT 29
50'
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50'
ALLEY
°o FOOTHILL BOULEVARD 00
APPROXIMATE AREA OF VACATION = 985.50 SQUARE FEET OR 0.0226 ACRES
INDICATES AREA OF VACATED ALLEY
PER EXHIBIT "A"
EXHIBIT "B"
ORDINANCE NO. 2195
AN ORDINANCE OF THE CITY OF . ARCADIA,
COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AMENDING ARTICLE IV, CHAPTER
2, DIVISIONS 1 THROUGH 3 OF THE ARCADIA
MUNICIPAL CODE CONCERNING GAMBLING
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Article IV, Chapter 2, Divisions 1 through 3 of the
Arcadia Municipal Code are hereby deleted in their entirety and new Sections 4211
through 4213.7 are added to the Arcadia Municipal Code to read as follows:
"CHAPTER 2.
DISORDERLY CONDUCT, NUISANCES, ETC.
PART 1.
GAMBLING
DIVISION 1.
DEFINITIONS
4211. GAMBLING HOUSE.
Any house, building, shed, structure, place, lot or parcel of land whereat any
game is played with cards, dice, chips or similar device for money, checks, chips,
credit, prizes, merchandise, certificate, paper, token, or any other article
representative of value when redeemable in or exchangeable for money or anything
of value, where money or anything of value or any representative value is risked,
1 LASER IMAA UE"D
6, c.
1 o -p
staked or hazarded on the result of the game, is hereby declared to be a nuisance
and to be included in the term "gambling house or place."
4211.1 SAME. EXCEPTION.
Any house, building, shed, structure, place, lot or parcel of land whereat any
book, paper, apparatus, device, paraphernalia or similar device is kept for any
period of time whatsoever for the purpose of recording or registering any bet or
wager upon the result or purported result of any trial, purported trial, contest or
purported contest of skill, speed or power of endurance between men or beasts,
horses or any mechanical apparatus, is hereby declared to be a nuisance and to be
included in the term "gambling house or place." The enclosure of a horse track
when licensed by the California Horse Racing Board shall not be deemed a
gambling house or place, so long as the book, paper and/or apparatus are kept by
the licensee to record wagers made through the pari- mutuel machines at licensee's
track.
DIVISION 2.
GAMBLING HOUSES
4212 GAMBLING HOUSES PROHIBITED.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise, shall keep, conduct, or maintain any house, room, apartment
or place used in whole or in part as a place where any game not mentioned in
2
Section 330 of the State Penal Code is played, conducted, dealt or carried on with
cards, dice, chips or any other similar device, for money, checks, chips, credit or
any other representative of value or for any merchandise or thing of value.
4212.1 SAME.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise, shall knowingly permit any house, room, apartment or place
owned by such person or under the charge or control of such person, to be used in
whole or in part for playing, conducting, dealing or carrying on therein, any game
not mentioned in Section 330 of the State Penal Code, with cards, dice, chips or
any other similar device, for money checks, chips, credit or any other
representative of value or for any merchandise or thing of value.
4212.2 SAME. PUBLIC GAME ROOMS.
No person, as principal, agent, owner, lessee, manager, employee, servant or
otherwise, shall operate, maintain, conduct or carry on as a business any public
card room or public game room or any other public place where any poker game,
card game, or any game of chance is played, conducted, carried on or permitted.
4212.3 SAME. PRESENCE PROHIBITED.
No person shall visit, frequent, participate in or be present in any house,
room, apartment, stand or place used in whole or in part, where gambling is being
conducted or carried on or where any person receives, holds or wards, or purports
3
to receive, hold or forward, in any manner whatsoever, any money, thing or
consideration of value, or the equivalent or memorandum thereof, which is staked,
pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for
the purpose of being staked, pledged, bet or wagered, upon the result; or purported
result, of any trial or contest, or purported trial or contest of skill, speed, or power
of endurance of man or beast, or between men, beasts, or mechanical apparatus, or
upon the result or purported result of any lot, chance, casualty unknown or
contingent event whatsoever.
4212.4 EXCEPTION. PARI - MUTUEL WAGERING.
The enclosure of a horse track, when licensed by the California Horse
Racing Board, shall not be deemed a gambling house or place, so long as the
wagering is confined to pari - mutuel wagering upon the results of a horse race.
DIVISION 3.
GAMBLING DEVICES
4213. PUBLIC NUISANCE.
Any slot or card machine, contrivance, appliance or mechanical device used,
operated, kept, possessed, placed or maintained in violation of the provisions of:
(1) Section 330a of the State Penal Code; or
(2) Any section enumerated in Part I of Title 9 of Chapter 9
(Lotteries) of the State Penal Code; or
(3) Section 4213.1 of this Code;
is hereby declared to be a nuisance and shall be subject to abatement as hereinafter
provided in Section 4213.2.
4213.1 POSSESSION PROHIBITED
No person shall keep, maintain, or have in his/her possession or under
his/her control, either as owner, lessee, manager, employee, agent or servant, any
punchboard, table, game or device, commonly known as a "marble game," "pin
game," or slot machine or game, or any device similar thereto, the operation, use or
play of which is controlled by placing therein any coin, plate, disc, plug, key or
other device or by the payment of any fee.
4213.2 CONFISCATION.
Any article declared by Section 4213 hereof to be a nuisance, as a result of
the. operation, use, keeping, possession, placing or maintaining of which any
person has, in any Court, been convicted of or has pleaded guilty to any violation
of Section 330a of the State Penal Code, or any section enumerated in Part I, Title
9, Chapter 9 (Lotteries) in the State Penal Code, shall be destroyed by the Chief of
Police after such plea or after such judgment of conviction becomes final. The
contents of such machine shall be destroyed, or if money, shall be deposited in the
general fund. If said articles subject to destruction as herein provided are in the
custody of the Court, the Chief of Police shall cause to be made an application to
5
the Judge of said Court for an order releasing said articles to him for the purpose of
complying with this Division.
4213.3 USE PROHIBITED.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise, shall conduct, manage, carry on, maintain, operate, open, deal
in, cause or permit to be conducted any game, operation or transaction wherein
chance is a determining factor or is any determining factor in the result of such
game, operation or transaction, and wherein any prize, gift, rebate, compensation,
reward, award, payment or gratuity, consisting of any money, check, token, credit,
goods, wares, merchandise, property or thing of value, is or is to be given, awarded
or delivered directly or indirectly, by throwing, tossing, dropping, depositing or
placing any ball, marker, object, thing or substance into any perforation, hole, or
indentation, in or upon any surface, receptacle, container, object or thing having
marked, designated or identified thereon by or with any figure, number, character,
symbol, letter, design or mark of any kind, or by the selecting, designating, turning,
indicating, choosing or projecting of any such figure, number, character, symbol,
letter, design or mark by means of any device, apparatus, or equipment and where,
by any predetermined or prearranged rule, method, scheme, design or procedure
any person is found, declared or determined to be or is the winner, donee, recipient
or taker of such prize; gift, rebate, compensation, reward, award, payment or
M
gratuity, from which the player or participant pays, deposits, expends, gives or
pledges, either directly or indirectly, any money, check credit, property or thing of
value, or makes or agrees to make any purchase for the privilege of playing or
participating therein or of gaining admission to the place or premises where such
game, operation, or transaction is or is to be played, conducted, carried on,
maintained or operated.
v
413.4 SAME.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise shall conduct, manage, cant' on, maintain, operate, deal in, or
cause or permit to be conducted any game not mentioned in Section 319, 320, 330
or 330a of the State Penal Code or any other code section or general law of the
State, the result of which chance is a determining factor, it being the intent by this
section to prohibit any person who has or promises to pay, deposit, expend, give or
pledge any money, check credit, property or thing of value to participate in any
such game, operation, or transaction, and upon which result prizes, gifts, rebates,
compensation, rewards, awards, payments, gratuity is redeemable or exchangeable
for money or any other thing of value, whether the game is called Tango, Keno,
Beano, Skill Ball, Skill Wheel, Fortune, Quintain, Fascination, Inspiration, or by
whatever name the game is called or designated.
7
4213.5 TOKENS PROHIBITED.
No person shall buy, purchase, discount, or redeem any prize, merchandise,
representative; article, check, certificate, paper or token, awarded or given at any
place whereat any game prohibited by this Part or by Section 319, 320, 330 or 330a
or by any other section of the State Penal Code.
4213.6 BETTING OR PLAYING PROHIBITED.
No person shall place or bet at or against any of the games, gambling or
gaming activities not mentioned in Section 330 of the State Penal Code or by any
games, gambling or gaming activities made unlawful in Section 4213 of this Code.
4213.7 SAME.
No person shall play at, or bet at or against any game mentioned in this Part
or any game mentioned in Section 319, 320, 330, or 330a of the State Penal Code."
SECTION 2: The provisions of this Ordinance are severable and the
invalidity of any section, paragraph, phrase, clause or part of this Ordinance shall
not affect the validity or effectiveness of the remainder of this Ordinance.
SECTION 3: The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of same to be published in the official newspaper
of said City within fifteen (15) days after its adoption. This Ordinance shall take
effect on the thirty-first (31st) day after its adoption.
K
Passed, approved and adopted this 7th day of September , 2004.
ATTEST
-S1 JAMES _H. RARR S
City Clerk of the City of Arcadia
APPROVED AS TO FORM
0. 6-Vq ^
Stephen P. Deitsch; City Attorney
0
Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES.) SS:
CITY OF ARCADIA )_. _ __ ..
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2195 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 7th day of September, 2004 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
10
/Sl JAMES H. BARROWS
City Clerk of the City of Arcadia
ORDINANCE NO. 2198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA AMENDING SECTION 6434.2(a) OF THE
ARCADIA MUNICIPAL CODE CONCERNING SOLID WASTE
COLLECTION AT SANTA ANITA RACE TRACK
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6434.2(a) of the Arcadia Municipal Code is
amended by deleting at the end of the second paragraph thereof: "The fee shall be
in addition to any other fee or charge for solid waste collection authorized by this
Code."
SECTION 2. The City Clerk shall certify to the adoption of this
ordinance and shall cause a copy of the same to be published in the official
newspaper of said City within fifteen (15) days after its adoption.
Passed, approved and adopted this 7th
rvu-I&I 6
/S/ JAMES H. BARROWS
City Clerk
APPROVED AS TO FORM:
( n t
City Attorney
day of September ,2004.
/S/ GARY A. K(NA
Mayor of the City of Arcadia
LASERIMAGED
6.0,
M
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
— CITY OF ARCADIA
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2198 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 7th day of September, 2004 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
STAFF REPORT
DATE: September 7,
2004 Office of the City Manager
TO: Mayor and City Council
FROM: William R. Kelly, City Managerw
By: Linda Garcia, Communic ions, Marketing and Special
Projects Manager
SUBJECT:
THE SEAL OF THE CITY OF ARCADIA
Recommendation: Adopt
SUMMARY
At its August 17, 2004 meeting, the City Council introduced Ordinance No. 2200, which
institutes changes to the City seal. This ordinance is presented tonight for adoption.
• DISCUSSION
On August 17, 2004, the City Council introduced Ordinance No. 2200 to bring about the
following changes to the City seal
1. The words "City of Arcadia" have been moved to the top of the seal.
2. The word "California" has been added.
3. The full date of incorporation is listed.
4. "Community of Homes" is now in the ribbon at the bottom of the seal.
The City Council introduced this Ordinance with the understanding that the new seal will
be incorporated on City materials as items are replaced (rather than replacing
everything at one time). Although it will take several years before the transition to the
new seal is complete, staff believes that the -cost savings resulting from replacing items
on an as needed basis (versus all at once) is significant enough to warrant the phased
approach.
RECOMMENDATION
Staff recommends that the City
of the City Council of the City
• the Arcadia Municipal Code to
Arcadia.
Attachment: Ordinance No. 2200
Council adopt Ordinance No. 2200, an ordinance
of Arcadia, California, amending Section 2710 of
establish the design of the seal of the City of
LASER I,IAGED
W1
ORDINANCE NO. 2200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING SECTION 2710
OF THE ARCADIA MUNICIPAL CODE TO ESTABLISH THE
DESIGN OF THE SEAL OF THE CITY OF ARCADIA
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 2710 of the Arcadia Municipal Code is hereby
amended to read in its entirety as follows:
2710. CITY SEAL. The design of the seal of the City of Arcadia,
California, shall correspond substantially with the representation below.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy of the same to be published in the official newspaper of the City
of Arcadia within fifteen (15) days after its adoption.
LASER IMAGED
-3p
Passed, approved and adopted this 7th day of September 2004.
/S/ GMY A. KOVAM
Mayor of the City of Arcadia
ATTEST:
/S/ JAMES Ho BARROWS
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2200 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 7th day of September, 2004 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
IS/ JAMES H. BARROWS
City Clerk of the City of Arcadia
x ��av�����:
11L-L � >� i
September 7, 2004
GP
STAFF REPORT
Development Services Department
TO: Mayor and City Council
FROM: Don Pen an, Assistant City Manager /Development Services
Director ?
By: Donna Butler, Community Development Administrator
SUBJECT: Recommend that the City Council waive the formal biddinq
requirements and authorize the Citv Manager to enter into a
contract agreement with HdL Companies for Code Enforcement
Software
Recommendation: Approve
• SUMMARY
The 2004 -05 approved budget includes funds allocated in the Development
Services Department in the amount of $26,040 for code enforcement software to
assist Code Services in processing and tracking all code enforcement cases.
The Development Services Department is recommending that the City Council
waive the formal bidding procedures and authorize the City Manager to enter into
a contract with HdL Companies in an amount not to exceed $20,000. In addition,
staff is requesting approval to purchase a new application server in an amount
not to exceed $6,000.
DISCUSSION
Currently Code Services has a simple manual system to keep track of all code
service cases. The process is cumbersome, paper intensive and it is often
difficult to track cases over a period of time.
During the past few years code enforcement software programs have been
developed by vendors to help cities become more efficient in processing and
tracking code enforcement activities. The Development Services Department
has reviewed two software programs, one by Jet Stream and the other
• developed by HdL Companies. Although both systems are designed to process
LASER IMAGED ge
• and track code enforcement cases, activities, violations, inspections and fees,
the Jet Stream verbal quote was almost twice the amount as the HdL Companies
software.
The City currently contracts with HdL Companies for property tax, sales tax,
business license and building permit tracking services. The HdL code
enforcement system utilizes a land management system that allows links and
import of parcel data from numerous databases including HdL's properly tax
system and business license system.
Because of the proprietary nature of the current HdL software programs used by
the Development Services Department, staff is requesting that the City Council
waive the bidding requirements and approve the purchase of the HdL Code
Enforcement software system because, as noted above, the Department already
utilizes other HdL applications which can be integrated with the code
enforcement software program.
The Code Services software will enhance the capabilities of the Code Services
officers in keeping track of code enforcement violations, actions and status. It
also allows access (read only) to other designated staff as needed to familiarize
themselves with any code enforcement history on a property. The software will
also assist and be of benefit to the Code Enforcement volunteer program by
•
organizing functions and tasks that can be assigned to the volunteers.
It is anticipated that the system will offer some cost savings to the City because it
will eliminate the need for pre - printed forms and will also provide for more
efficient operation by allowing staff to maintain and track cases in a more timely
manner.
Another benefit is the potential for increased revenues because of the system's
capability of tracking fees, inspections and conditions of approval. Also the
system will make it easier and quicker to manage code cases, will allow for easy
inquiry by case number, complainant name and /or property address.
The Development Services Department is recommending that the City Council
approve entering into a contract with HdL Companies in an amount not to exceed
$20,000. It is anticipated, based on pricing for a maximum of three (3) users,
'that the cost will be approximately $18,000 for the software system. However,
staff is including a contingency of approximately $2,000 to allow for any
additional reports that may be added to the software and additional data
conversion. As a note, "read only' access is available to any City staff person
that has the code enforcement program installed on their computer.
In addition to the software cost, the Administrative Services Department,
Information Services office is requesting approval for a new application server
CC HdL Report
Page 2
September 7, 2004
• where the code enforcement application and database will be deployed. This
server will also be used as the new application server for the City, replacing an
existing server that will be retired soon as part of the server rotation program.
Existing applications such as HdL Permits, Business License, Property Tax,
Sales Tax and some other city applications will be migrated to this new server to
provide a faster, stable and more reliable hardware platform for these
applications. The cost for a new server is a maximum of $6,000.
The total cost to implement the Code Enforcement software would be a
maximum of $20,000 and a maximum of $6,000 for a new server. The 2004 -05
budgeted amount is $26,040.
Implementation of the software system is approximately 150 days from the date
of a signed agreement.
FISCAL IMPACT
The 2004 -05 City budget includes $26,040 for a Code Enforcement program.
The initial License fee and implementation will not exceed $20,000. After the first
year there is an annual maintenance fee of $2,940.00.
• RECOMMENDATION
It is recommended that the City Council:
A. Waive the formal bidding requirements;
B. Authorize the City Manager to enter into an agreement with HdL
Companies in an amount not to exceed $20,000 for Code
Enforcement Software; and
C. Authorize the purchase of a new application server in an amount not
to exceed $6,000.00.
Approved: -
William R. Kelly, City Manager
• CC HdL Report
Page 3
September 7, 2004
r1
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•
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STAFF REPORT
Development Services Department
DATE: September 7, 2004
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director'tp
Philip A. Wray, City Engineer /Engineering Services AdministratoryN,
Prepared By: Dan A. Lazo, Associate Civil Engineer
SUBJECT: Professional Services Agreement Amendment No. 1— Inspection Service:
Recommendation: Authorize the' City Manager to enter into Amendment
No. 1 to the Professional Services Agreement with Anderson Consulting
Service for inspection services in the amount of $9,700
SUMMARY
Anderson Consulting Services was contracted to provide inspection services for the
Street Improvements of Baldwin Avenue between Duarte Road and Naomi Avenue.
The project construction period has been extended due to several unforeseen
conditions. Because of the extended construction time, additional inspection services of
ACS are necessary to complete the project. Therefore, staff is recommending that the
City Council approve an amendment to the professional services agreement with ACS
to increase the not -to- exceed amount by $9,700.
DISCUSSION
On March 16, 2004, the City Council entered into a Professional Services Agreement
(PSA) with Anderson Consulting Services (ACS) to provide construction inspection
services for the above - mentioned project. The inspection. services are necessary to
insure the quality of the contractor's workmanship according to plans and specifications
for the duration of the project. The contract inspector has coordinated soils and asphalt
compaction testing with independent assigned firm, provided daily and weekly
construction activity reports, reviewed and assisted in processing the progress
payments and insured proper traffic control, delineation and work area safety measures
are in place.
LASER IMAGED
6 �.
Mayor and City Council
Staff Report
September 7, 2004
Page 2
•
The PSA was approved with a not -to- exceed amount of $35,400 based on ACS
estimate of time with the original project schedule.
The project construction period has been extended due to the City's request for
additional work as a result of several unforeseen conditions such as:
• Water line, storm drain pipe, and utility relocations
• Removal of old drain pipes
• Reconstruction of-a sewer manhole
The extended construction period will necessitate additional inspection services beyond
the scope of the original PSA. _ ACS estimates their additional services at approximately
$9,700.
FISCAL IMPACT,
The additional inspection services estimated at $9,700 will be funded from Prop C, Prop
A, Water, L.A. County Aid -to- Cities Grant and Capital Outlay funds budgeted in the
2002/03 Capital Improvement Program (CIP) and the additional appropriation approved
by the City Council at its March 16, 2004 meeting. There are sufficient funds in the •
revised budget to cover these costs.
RECOMMENDATION
Authorize the City Manager enter into Amendment No. 1 to the Professional
Services Agreement with Anderson Consulting Service for inspection services in
the amount of $9,700.
Approved: . hl-
-'William R. Kelly, City Manager
DP:PAW:DL:pa
•
' " ° °8p08AT� STAFF REPORT
Public Works Services Department
September 7, 2004
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Director
Prepared by: Gary F. Lewis, General Services Manager
Lubomir Tomaier, Senior Civil Engineer
SUBJECT: Accept — Rehabilitation of Orange Grove 1A and Live Oak Well
Recommendation: Accept all ;work performed by Layne Christensen
Company, Inc. as complete and authorize the final payment to be made in
accordance with the contract documents, subject to a retention of
$22,224.95.
SUMMARY
• On December 16, 2003, the City Council awarded a contract to Layne Christensen
Company, Inc. in the amount of $239,475.50 for the Rehabilitation of Orange Grove Well
1A and Live Oak Well. The terms and conditions of this project have been complied
with and the work has been performed to staffs satisfaction for a.total project cost of
$222,249.48. This amount reflects the original contract amount of $239,475.50 plus
one (1) contract change order (CCO) of $17,226.02 or 7% below the original contract
amount.
Staff recommends that the City Council accept all work performed by Layne
Christensen Company, Inc. as complete and authorize the final payment to be made in
accordance with the contract documents, subject to retention of $22,224.95.
DISCUSSION
Many of the wells within the City's water supply system were drilled in the 1920s and
1930s, and their production decreasgs with age due to the build -up of mineral deposits
on the well .casing and the wear - and -tear on the pump components. In order to
maintain system reliability and to ensure the water supply demands of the City will
always be met, systematic inspection and periodic maintenance of the wells is required
to keep the well at maximum capacity and efficiency.
LASER IMAGED
qP
Mayor and City Council
September 7, 2004 •
Page 2
Orange Grove Well 1A was drilled in 1921 and has been rehabilitated multiple times
during its operational life. The production of Orange Grove Well 1A was 22% below its
optimum performance and the well column needed to be extended to reach the lowering
water table of the East Raymond Basin. Rehabilitation of this well was the best option
for the system maintaining the supply capacity to Zone 3 and increasing our ability to
pump from the Raymond Basin.
When the Capital Improvement Program (CIP) budget Was approved for 2003/04, the
Department's intention was to rehabilitate only'thb- Orange Grove Well. The Live Oak
Well, which was constructed in 1988, was scheduled -for rehabilitation in the 2004/05.
However, due to last year's unseasonable hot weather and the well's constant
production, vibration and.noiseo levels had increased which necessitated the immediate
need to rehabilitate the Live Oak Well to avoid further major mechanical problems.
On December 16, 2003, the City Council awarded a contract to Layne Christensen
Company Inc. for the rehabilitation of both Orange Grove. Well 1A and Live Oak Well to
restore Well performance which will provide a reliable and efficient water production
system. The final cost to rehabilitate Orange Grove Well 1A is $119,345.23' and
$102,904.25 for the Live Oak Well, for a total project cost of $222,249.48. This amount •
reflects the original contract amount of $239,475.50 awarded to Layne Christensen
Company Inc. plus one (1) contract change order (CCO) of $17,226.02 or 7% below the
original contract amount. Once the equipment was removed from the Live Oak Well, it
was determined that a chemical treatment application'would not be required.
ENVIRONMENTAL IMPACT
This project is categorically exempt per Section 15301 Class 1 (c) from the
requirements of the California Environmental Quality Act.
FISCAL IMPACT
Funds in the amount of $175,000 were budgeted in the 2003 -04 Capital Improvement
Program to cover the cost of rehabilitation, inspections, management and contingencies
for the rehabilitation of Orange Grove Well 1A. An additional appropriation of $89,000
from the water fund was approved by the City Council on December 16, 2003 for the
addition of.the Live Oak Well, which i resulted in a total project budget of $264,000. The
total cost to complete this work by the Contractor was $222,249.48, which is within the
project's budget. There is no impact on the general. fund.
•
Mayor and City Council
• September 7, 2004
Page 3
RECOMMENDATION
1. Accept all work performed by Layne Christensen Company for the
rehabilitation of the Orange Grove Well 1A and Live Oak Well as complete.
2. Authorize final payment to be made in accordance with the contract
documents, subject to a retention of $22,224.95.
PM:GL:LT:dw
Attachment
•
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Approved by: —_—'
William R. Kelly, City Manager
REHABILITATION OF
0
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RAT, STAFF REPORT
Public Works Services Department
September 7, 2004
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Directo4Man
Prepared by: Thomas W. Tait, Field Servir.
Da vid Thompson, Street Superintendent.
SUBJECT: Award - Annual Tree Trimmina Services Contract
Recommendation: Authorize the City Manager to award a one (1) year
tree trimming services contract to California Landscape Services, Inca
(CLS) in the amount of $265,600, authorize the transfer of $50,000 from
the Capital Improvement Program and appropriate an additional $10,600
for these services
• SUMMARY
On July 6, 2004, the City Council rejected the bid from West Coast Arborists, Inc.
($414,500) and directed staff to negotiate with interested companies to acquire an
equitable cost to perform the tree trimming services for the City of Arcadia.
Subsequently, staff met with area contractors to discuss the City's tree trimming
program and requirements. Following these discussions, three (3) proposals were
received from the following companies: West Coast Arborists, Inc. (WCA), Califomia
Landscape Services, Inc. (CLS) and TruGreen Landcare. CLS submitted' the lowest
written offer to perform tree trimming services.
CLS is the City's current landscape contractor and based on their excellent level of
services and their lowest bid price to perform tree trimming services and maintenance,
staff recommends that the City Council authorize the City Manager to enter into a one
(1) year agreement with optional annual contract extensions, subject to approval of the
City Council, to CLS in the amount of $265,600 for annual tree trimming services.
$265,600 is recommended to continue with the existing four (4) year tree trimming and
maintenance program. To accomplish this program, staff is recommending that the City
Council authorize the transfer of $50,000 from the Capital Improvement Program
(annual tree replacement program) and appropriate an additional $10,60o from the
General Fund.
•The 2004 -05 Capital Improvement Program allocates $50,000 for the replacement of
100 problematic City owned trees during the next year. Due to existing budgetary
constraints, staff recommends deferring this year's tree replacement program to the'
next fiscal year. As part of next year's budget recommendations, both programs will be
presented for consideration.
LASER IMAGED Np
Mayor and City Council
September 7, 2004
Page 2
BACKGROUND
The Public Works Services Department is responsible for the care and maintenance of
approximately 17,000 trees located in City parks, parkways, medians, and public
facilities throughout the City. Since 1993 the City has contracted with private
companies for local tree trimming services. Prior to this, the City performed tree -
trimming maintenance on an as -need basis. City crews and a private contractor
accomplish the current trimming program. Public . Works Services' crews are
responsible for the day -to- day care and maintenance of trees located throughout the
City.
The City's existing Tree Maintenance Program provides for the general upkeep of the
existing tree stock, mitigates immedate;'public safety hazards, and allows for minimal
tree replacement on a case -by -case .basis, However, it does not fully provide for
preventative maintenance efforts, which is the essential task of the Annual Tree
Replacement & New Planting Program in this year's Capital Improvement Budget. This
program will also improve aesthetics, minimize long -term liability and facilitate the long-
term sustainability of a vibrant Urban Forest in the City of Arcadia.
Annually, staff trims approximately 600 trees along with tree removals as requested by •
property owners. This work is highly specialized and is scheduled as part of our
Service Request Program based on property owner needs. As part of our "Four (4)
Year Tree Trimming Plan" previous contracts provided for grid trimming of 4,500 trees,
250 requests for service and 50 tree and stump removals.
On June 6, 2000, the City Council awarded .a four (4) year contract extension to West
Coast Arborists, Inc. but-it did not provide additional extensions to the contract. This
contract expired on June 30, 2004, which necessitated the need to solicit new bids for
this work. On June 2, 2004, West Coast Arborists Inc. submitted a bid of $415,000,
which was more than double previous contract prices., Their new bid increased the cost
to grid trim a tree from $39 to approximately $75 per tree, which is near double the cost
for previous tree trimming services. The City Council rejected this bid and directed staff
to negotiate with interested companies to acquire a more equitable cost to perform
these services
DISCUSSION
Staff -met with West Coast Arborists, Inc. (WCA), California Landscape Services, Inc.
(CLS) and TruGreen Landcare to discuss tree trimming services for the City of Arcadia.
Based on these discussions and a better understanding of what is expected from the
contractor for this work, each contractor agreed to submit proposals to trim 4,500 trees, •
complete 250 service requests and remove 50 trees including stump removal. The
following, cost proposals are provided for City Councils information:
Mayor and City Council
September 7, 2004
Page 3
COMPANY
LOCATION
PRICE
California Landscape Services
Chino
$294,500.00
West Coast Arborist
Anaheim
$324,250.00
TruGreen Landcare
Monrovia
$324,287.50
Staff also spoke with two (2) other companies, Rob's Tree Service and Exterior
Enterprises. Both companies indicated their cost to do the work would have been $130
and $150 a tree based on the size of the trees here in the City.
CLS submitted the lowest proposal for grid trimming, service requests and tree
removals. They are properly licensed and in good standing with the State Contractors'
Licensing .Board. CLS is the current contractor responsible for all landscape
maintenance with the City and has provided excellent and affordable service during the
past five (5) years. However, staff was not satisfied with the overall bid price received
especially in the existing fiscal climate. Following a review of the services required, staff
feels that a similar level of service can be provided with some minor adjustments in the
number of trees trimmed, removed and the completion of service requests. Staff
recommends the following adjustments:
. Existing Proposed Savings
Trees trimmed 4,500 4,350 $ 8,400
Service Requests 250 50 $16,000
Tree & stump removal 50 40 4,500
Savings $28,900
Based on the unit prices included in CLS's proposal, the cost to perform tree related
services for the City in the next year would be $294,500. CLS is the City's current
landscape contractor and based on their excellent level of services and their lowest bid
price to perform tree trimming services and tree removals /replacements, staff
recommends that the City Council authorize the City Manager to enter into a one (1)
year agreement with optional annual contract extensions, subject to approval of the City
Council, to CLS in the amount of $265,600 for annual tree trimming services
maintaining the existing (4) year tree trimming cycle. The City's tree maintenance crew
would absorb the reduction in service requests from the contract. Staff is also
recommending that the $50,000 tree replacement program included in the CIP be
deferred until the next fiscal year and that the funding earmarked for tree replacement
be transferred to the operating budget for the annual tree trimming program. Staff also
recommends that the City Council appropriate an additional $10,600 from the General
Fund.
Mayor and City Council
September 7, 2004
Page 4
FISCAL IMPACT
The operating budget provides $205,000 for Annual Tree Trimming services and
necessary maintenance. This program is intended to provide a four (4) year tree
trimming cycle where all trees in the City are trimmed at least once every four (4) years.
Additionally, the 2004 -05 Capital Improvement Program budget authorized $50,000 for
the removal /replacement of problematic City owned trees. To accomplish this work at a
level similar to previous years (the four year trimming cycle), staff recommends the
transfer of $50,000 from the CIP to the operating budget and the appropriation of
$10,600 from the General Fund.
RECOMMENDATION
1. Award a one (1) year tree trimming services contract to CLS in the amount
of $265,600.
•
2. Authorize the transfer of $50,000`from the Capital Improvement Program to
the Operating Budget for tree maintenance.
3. Appropriate an additional $10,600 from the General Fund to pay for these •
services.
4. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney.
Approved:
William R. Kelly, City Manager,
PM:TT: DT:dw
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September 7, 2004
STAFF REPORT
Development Services Department
TO: Mayor and City Council p
FROM: Don Penman, Assistant City Manager /Development Services Direr
By: Donna L. Butler, Community Development Administrator
Prepared By: Joseph Lambert, Associate Planner
SUBJECT: Consideration of Final Map No. 53890 for a 10 -lot single - family residential
subdivision at 1432 -1516 S. Eighth Avenue.
SUMMARY
Tentative maps and final maps are required for all subdivisions that result in five or more
• parcels or condominiums.. The City Council shall approve a final map if it conforms to all the
requirements of the subdivision regulations of the Municipal Code and the State Subdivision
Map Act. It is recommended that the City Council approve Final Map No. 53890 for a 10 -lot
single - family residential subdivision at 1432 -1516 S. Eighth Avenue.
DISCUSSION
Final Map No. 53890 has been reviewed by the Los Angeles County Department of Public
Works and the appropriate City Departments. Said map has been found to be in substantial
compliance with the tentative map, as approved by the Planning Commission on June 8,
2004, and is in compliance with the subdivision regulations of the Municipal Code and the
State Subdivision Map Act.
RECOMMENDATION
The Development Services Department recommends approval of Final Map No.
53890.
Attachments: 1. Land use map
2. Letter of compliance from Los Angeles County
3. Final Map No. 53890
Approved:
• William R. Kelly, City Manager
LASER IMAGED
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August 17, 2004
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
"To Enrich Lives Through Effective and Caring Service"
Mr. Phillip Wray
City Engineer
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91006 -6021
Dear Mr. Wray:
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803 -1331
Telephone: (626) 458 -5100
www.ladpw.org
ADDRESS ALL CORRESPONDENCE TO
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802 -1460
IN REPLY PLEASE
REFER TO FILE: LD-2
TRACT NO. 53890
The enclosed subject tract map has been reviewed by Public Works for mathematical
accuracy, survey analysis, title information, and for compliance with the Subdivision.
Map Act. It is ready for your examination and certification as to compliance with the
• conditional approval and applicable City Ordinances.
The City Council or Advisory Agency should make the findings required by the State
Environmental Quality Act and the Subdivision Map Act.
After your approval and the approval of the City Council or Advisory Agency, the map
should be returned to Land Development Division, Subdivision Mapping Section, for
filing with the Registrar- Recorder /County Clerk's Office.
If you have any questions, please contact Mr. Jae Kim of our Subdivision Mapping
Section at (626) 458 -4915.
Very truly yours,
JAMES A. NOYES
Director of Public Works
1
(vf D NNIS HUNTER
(/ Assistant Division Engineer
Land Development Division
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• A
PORATS STAFF REPORT
Development Services Department
n
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•
September 7, 2004
TO:
FROM:
SUBJECT:
SUMMARY
Mayor and City Council
Don Penman, Assistant City Manager /Development Services Director `
By: Donna Butler, Community Development Administrator; . `"
i %:
Continued consideration of an appeal of Resolution 1707 denying
Recommendation: Deny
On August 3, 2004 the City Council, continued its consideration of Conditional Use
Permit No. 04 -005, a request by Oscar Sierra, proprietor of Celeste's Kitchen, to allow
seating at an existing take -out food establishment to accommodate 68 patrons including
incidental outdoor dining at 136 Las Tunas Drive.
The City Council requested additional information from staff regarding designated
parking spaces for Celeste's Kitchen customers only, limiting the number of tables and
relocating employee parking spaces.
The Development Services Department. recommends denial of the conditional use
permit due to the fact that the site for the restaurant use is not adequate in size to
accommodate the use and the required parking for customers and employees could not
be secured by covenant.
BACKGROUND
In February 2003, the Development Services Department issued a business license for
a take -out only food establishment at the subject site with the condition that no seating
be permitted at the subject location. A restaurant or eating establishment with seating
requires a Conditional Use Permit application. Celeste's Kitchen was approved as a
take -out only food establishment that is a permitted retail activity. When staff approved
LASER IMAGED Revised Report September 7, 2004
Page 1
f t
V
the take -out business, the applicant was cautioned that staff would not support a sit -
down restaurant based upon the insufficient parking; and that the property was not •
designed to accommodate an additional restaurant use.
Recently; the applicant was cited by Code Services for operating a restaurant with
seating for approximately 45 people without an approved conditional use permit. As a
result, Mr. Sierra filed this application for a conditional use permit (C.U.P. 04 -005).
The Planning Commission at its June 8, 2004 meeting voted 5 -0 to deny the appeal.
The Planning Commission concurred with staffs analysis and denied the proposed use
based on the lack of onsite parking. The Commission stated that the application must
be analyzed as if the use were not already there, because the sit down restaurant was
established without appropriate approvals.
On June 30, 2004, Mr. Sierra filed an appeal of the Planning Commission's denial.
PROPOSAL
Original Proposal
Celeste's Kitchen is currently operating as a restaurant use rather than a "take out only'
as approved in their Business License permit. The applicant, Mr. Sierra, requested to
continue to operate the restaurant with seating for 68 patrons, 52 seats inside and 16
outdoor seats as well as permission to serve beer and wine or allow patrons to provide •
their own wine while dining at the restaurant. Currently Celeste's offers a full menu of
breakfast, lunch and dinner entrees. The original requested hours of operation were:
Tuesday through Thursday 11:30 a.m. to 8:30 p.m., Friday and Saturday 8:00 a.m. to
9:00 p.m., and Sunday 8:00 a.m. to 3:00 p.m.
Revised Proposal
In his appeal letter, Mr. Sierra included a revised proposal with limited hours of Monday -
Friday 5:00 p.m. to 9:30 p.m., with Saturday and Sunday hours of operation from 8:00
a.m. to 9:30 p.m., and reduced seating to 40 persons and elimination of the outside
dining. However, he is proposing to be open Monday- Friday 8:00 a.m. to 3:00 p.m. for
take -out only.
General Information
The property at 136 Las Tunas Drive is zoned C -M (commercial /manufacturing). It is a
through lot with frontage on both Las Tunas Drive and Live Oak Avenue. There are
currently three businesses operating at this location: Celeste's Kitchen occupies the
middle building containing 1,620 square foot; C.& L Auto Body occupies the 7,600
square foot building on the easterly portion of the site, and Alex Di Peppe's Pizza House
occupies the westerly 1,250 square foot unit.
•
,e i ^ ised Report CUP 04 -005 Appeal
� September 7, 2004
Page 2
f "
•The auto body shop has been operating at this location for many years. C & L Auto
Body was approved by Application Nos: CUP 83-11 and 85 -18. Alex Di Peppe's is
located in the westerly building where restaurant uses have been operating since 1957
prior to the time a conditional uses permit was required to operate a restaurant. Alex Di
Peppe'srestaurant has been in operation at this location since 1983.
Between 1997 . and 2003, a retail establishment (the Candy Shack) operated in the unit
currently occupied by Celeste's Kitchen. In 2003, a business license was issued _to
Celeste's Kitchen, for a take -out only food _establishment. Take out food establishments
are considered to be a retail use. When the business license was issued, staff advised
the applicant that a Conditional Use Permit application for a restaurant would not be
supported because, of inadequate parking. However, over time, tables were added
changing the use from a take -out only to a restaurant use.
Parkin
Based on the current parking requirements, the 1,620 square foot restaurant is required
to have 17 parking spaces. There is no on -site parking provided for Celeste's Kitchen.
All the existing spaces on the property are utilized and allocated to the other permitted
uses on the site. Required parking is based on the use and building size, not seating
area. The reduced seating as proposed does not affect the onsite parking requirements
of the Municipal Code. The required parking for the proposed restaurant is 17 spaces.
• C & L Auto Body requires 38 parking spaces by code and maintains 37 total spaces, 29
are located adjacent to Live Oak Avenue within a gated area. Vehicles to be serviced
by the body shop utilize the majority of this parking area along Live Oak Avenue. There
is no access from the Live Oak parking area to the buildings fronting on Las Tunas
Drive. Eight (8) of the 37 body shop parking spaces are located adjacent to Las Tunas
Drive in front of C & L's office area (immediately to the east of Celeste's Kitchen). The
body shop customers and employees parkin this area.
•
The 1',250 square foot Alex Di Pappa's restaurant requires 13 parking spaces by Code;
there are seven (7) spaces behind their restaurant. As previously noted this restaurant
is a legal nonconforming use because they do not have a conditional use permit. The
available seven parking spaces do not comply with the code requirement.
Based on recent staff visits to the project site, there are very few available parking
spaces under the existing site conditions. Staff has witnessed numerous vehicles
parked along Las Tunas Drive due to the lack of onsite parking.
Sandra Rentschler, representative of Buona Fortuna LLC owner of C & L Auto Body,
submitted a letter permitting Celeste's Kitchen to use the eight (8) parking spaces in
their parking lot on Las Tunas Drive during the evening hours after 5:00 p.m. on
weekdays and all day on weekends. It is important to note that these spaces are not
Revised Report CUP 04 -005 Appeal
September 7, 2004
Page 3
"excess" parking. In a recent meeting with C & L Auto Body, she indicated that her •
business is open until 12:00 noon on Saturday, generally for pick -up of automobiles.
In the original appeal, it was represented that the owners of the adjacent property to the
east at 120 -124 Las Tunas, Patty, and Ming Fong,`have authorized the use of eight (8)
parking spaces to be allocated to Celeste's Kitchen after 6:00 p.m. Mr. and Mrs. Fong
withdrew that offer prior to the appeal. hearing.
Typically, shared parking agreements occur when one property has a parking surplus
based on code requirements, and legally allocates that surplus to another'property or
use through the form of a covenant. Under the current proposal to share the parking
with Celeste's Kitchen, the property owner offering °the "shared" parking would not be-
able to extend the hours of any business operations located 'on their site or allow a.
change in use that is more intensive than the current uses.
The applicant has proposed reduced hours as noted above, including the proposal to be
open Monday- Friday from 8:00 a.m. to 3:00 p.m. for take -out only. In staffs opinion,, it
will be very difficult to monitor the hours in which customers are allowed to dine in. and
more problematical to insure that customers during the weekdays are not dining on the
premises during the "take'out only' hours.
Although the amended hours of operation and reduced seating may-help alleviate the
parking situation, there will still be deficient onsite parking. With a legal parking
agreement to allocate eight (8) spaces to Celeste's, the use would still be nine spaces •
deficient. I
August 3 City Council Meeting
During the August 3 meeting, several questions were raised regarding the availability of
on- street parking, the possibility of securing additional parking from adjacent properties
and limiting the hours of operation.
Taking into consideration the discussion at the.meeting, the City Council continued its
consideration of the conditional use permit to give the applicant and staff thirty (30) days
to revisit this item, bring back a report including designated parking spaces for Celeste's
Kitchen customers only, limiting the number of tables and relocating employee parking
spaces.
Additional Information
As a result in the change of use from a take -out only use (retail establishment) to a
restaurant, there are several building code issues that need to be resolved:
1. When the occupant load is over ten (10), the restaurant and the facility serving the
restaurant must comply with the State's disabled access regulations as required by
•
Revised Report CUP 04 -005 Appeal
September 7, 2004
Page 4
• Chapter 11 of the California Building Code, this includes as a minimum, providing
one male and one female disabled accessible restroom.
2. The two main exit doors of the restaurant must swing outwards.
3. Provide new or verify existing one -hour occupancy separation wall from the slab to
the bottom of the room between the restaurant and the warehouse.
In regards to the on- street parking, the following is a summary of the street - parking
situation based on staff's observations:
1. There are 84 feet of legal, street parking in front of the subject property. There is an
additional 24 feet of unusable driveway in front of Celeste's Kitchen that could be
closed and curb and gutter installed, providing for one (1) additional space (the
typical "accepted" on- street parallel parking stall length is 24').
2. Forty (40) feet of unused driveway in front of Cenco (property to the east at 120 -124
Las Tunas Drive) could be changed to curb area. However, during several staff
inspections it was noted that cars already park in some of the unused driveway
areas.
3. There is 38 feet of red curb adjacent to the fire hydrant in front of American Senior
Living. Because of the location of the driveway to the senior units, staff does not
• recommend eliminating the red curb because this ensures that vehicles will not be
parked in this area obscuring visibility for persons exiting the senior housing project.
•
4. There is 38 feet of red curb over the wash. There is a bus stop located in this area
and again, staff does not recommend approval of eliminating the red curb in this
area.
In reviewing the on- street parking situation with the City Engineer, it was mentioned that
new curb costs approximately $20 -$25 per linear foot and sidewalk (adjacent to the
curb) costs approximately $3 per square foot. Usually, for a conditional use permit,
parcel map or subdivision any condition of approval to improve curb, gutter and /or
sidewalk is imposed on the applicant. The City does not make the improvements.
On Tuesday, August 24 the City Attorney and Development Services Department staff
met with the applicant's attorney, Arthur Cohen, Sandra Rentschler, representing the
property owner and Mr. Sierra, proprietor of Celeste's Kitchen. Mr. Cohen advised that
they were not able to secure a covenant or permission to use the parking lot on the.
property at 120 -124 Las Tunas Drive. However, the owner (Buona Fortuna) of the
subject property (132 -136 Las Tunas) is willing to sign a covenant maintaining eight (8)
parking spaces on.Las Tunas Drive during the evenings and weekends (see attached
letter). However, there would still be some conflict because Ms. Rentschler did indicate
Revised Report CUP 04 -005 Appeal
September 7, 2004
Page 5
that C & L Body Shop is open from 9:00 a.m. to 12:00 noon on Saturday, so there would •
be a conflict to commit these spaces to Celeste's Kitchen prior to noon on Saturdays.
Mr. Cohen reiterated that the applicant is willing to limit the hours of operation per the
revised request, i.e., Monday- Friday 5:00 p.m. to 9:30 p.m., with Saturday and Sunday
hours of operation from 8:00 a.m. to 9:30 p.m. and reduce the seating to 40 persons
and that the outside dining be eliminated. However, the applicant would like to be open
for take -out only Monday - Friday 8:00 a.m. to 3:00 p.m.
The Council requested that we address relocating employee parking spaces.
Unfortunately with the exception of on- street parking, there is no place to park employee
vehicles in the area. Also, on street parking is generally not counted to meet a parking
deficiency as significant as this one.
Taking into consideration the applicant's amended proposal, including _reducing the
seating and the availability of eight parking spaces during evening hours and on
weekends, staff continues to recommend denial of this application' due to the fact that
there is limited on -site parking for the restaurant and the restaurant use is too intense
for the site.
PLANNING COMMISSION ACTION
The Planning Commission at its meeting of June 22, 2004 voted 5 -0 to adopt Resolution
1707 denying CUP 2004 -005 to allow seating at an existing take-out food establishment .
to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive.
On June 30, 2004, the applicant, Oscar Sierra, submitted an appeal of CUP 04 -005.
ENVIRONMENTAL ANALYSIS
Pursuant, to the provisions of the California Environmental Quality Act, the Development
Services Department has prepared an Initial Study for the proposed project. Said Initial
Study did not disclose any substantial or potentially substantial adverse change in any
of the physical conditions within the area affected by the project including land, air,
water, "minerals, flora, fauna, ambient no and objects of historical or aesthetic
significance that could not be made less than significant with mitigation incorporation.
When considering the record as a whole, there is no evidence that the proposed project
will have any potential for adverse effect on wildlife resources or the habitat upon which
the wildlife depends. Therefore, a Negative Declaration has been prepared" for this
project:
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:
•
Revised Report CUP 04 -005 Appeal
September 7, 2004
Page 6
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.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
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.
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.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
RECOMMENDATION
The Development Services Department recommends denial of Conditional Use Permit
Application No. CUP 04 -005 including the revisions suggested by the applicant based
on finding 3 above, that the site for the proposed use is not 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.
•
CITY COUNCIL ACTION
Denial of Appeal
The City Council should move to deny Conditional Use Permit Application No.
CUP 04 -005, based on the finding that that the site for the proposed use is hot
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, and direct staff to prepare a
resolution incorporating the Council's decision and specific findings.
Approval of Appeal
If the City Council determines that based on the evidence presented this is an
appropriate use for the site, the City Council should move to approve the
negative declaration and approve the conditional use permit subject to the
following conditions of approval and direct staff to prepare the appropriate
resolution for adoption at the next City Council meeting:
1. The seating for the restaurant shall be limited to a total of 40 seats. Incidental
outdoor dining shall be prohibited and the seating area shall be in compliance with
Revised Report CUP 04 -005 Appeal
September 7, 2004
Page 7
the Building and Fire Codes, to the satisfaction of the Building Official, Fire Marshall
and Community Development Administrator, within ninety (90) days of approval of •
the conditional use.permit.
2. The hours-of operation shall be Monday- Friday 6:00 p.m. to 9:30 p.m., and Saturday
and Sunday from 8:00 a.m. to 9:30 p.m.
3. The restaurant shall be open during breakfast and lunch for take -out only
during weekdays.
4. Within thirty (30) days and prior to receiving approval of a new business
license for a restaurant, a covenant shall be prepared in a form and content
approved by the City Attorney and filed with the County Recorder's office
insuring that the eight (8) parking spaces located'at 132 Las Tunas Drive shall
be available after 5:00 p.m. every week day and all day Saturday and Sunday
for the use exclusively byCeleste's Kitchen.
5. The following shall be completed within ninety (90) days of approval of the
Conditional Use Permit to the satisfaction of the Building Official:
a. The restaurant must comply with the State's disabled access
regulations as required,by Chapter 11 of the California Building Code,
this includes as a minimum, providing one male and one female
disabled accessible restroom.
b. The two main exit doors of the restaurant must swing outwards. •
c. Provide new, or verify existing one -hour occupancy separation wall from
the slab to the bottom of the room between the restaurant and the
warehouse.
6. That the 24' of unusable driveway, in front of Celeste's shall be removed and
new curbs and sidewalk be installed by the applicant to the satisfaction of the
City Engineer within ninety (90) days of approval of the Conditional Use
Permit.
7. All onsite signage shall be in compliance with the City's sign ordinance (AMC Sec.
9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by the
Planning Division and appropriate permits shall be obtained from the Building
Division. All signage shall be removed unless an SADR approval or Building Permit
is on file in the Development Services Department regarding said signage. 'This
includes wall signs, window signs, and temporary banners.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 04-
005, shall be grounds for immediate suspension and /or revocation of any approvals,
which shall result in closing of the restaurant.
U
Revised Report CUP 04 -005 Appeal
September 7, 2004
Page 8
• 9. Approval of CUP 04 -005 shall not take effect until the property owner and applicant
have executed and filed the Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Arcadia concerning
this project and /or land use decision, including but not limited to any approval or
condition of 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 officers, employees, and agents in the defense of the
matter.
• Approved by: .__g `
William R. Kelly, City Manager
n
U
Attachments: Letter from Arthur Cohen, attorney for Mr. Sierra
Letter from Buona Fortuna, property owner
Business License Application approval
Planning Commission Resolution 1707
Appeal Letter dated June 30, 2004
PC June 8, 2004 Minutes
Aerial Photo & Zoning Map -
Land Use Map
Photographs
Project Plans submitted by applicant
Negative Declaration & Initial Study
Environmental Information
Correspondence
Revised Report CUP 04 -005 Appeal
September 7, 2004
Page 9
QUAN COHEN & HIRANO LLP
ATTORNEYS AT LAW
RICHARD K. QUAN 212 SOUTH PALM AVENUE
ARTHUR D. COHEN - SUITE 101
RONALD M. HIRANO ALHAMBRA, CALIFORNIA 91801 -3105
TELEPHONE 626 /300 -3700
Writer's Direct Dial No. 626/300 -3702
August 24, 2004
VIA FACSIMILE AND U.S. MAIL
Members of the Arcadia City Council
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066
RE: Application by Oscar Sierra for Conditional Use Permit on
behalf of Celeste's Kitchen Restaurant
Dear Gentlepersons:
' FACSIMILE
626/300 -3706
File No. 1351
Our firm represents Oscar Sierra concerning his Application for a Conditional Use
Permit for Celeste's Kitchen at 136 Las Tunas Drive, Arcadia, California. We understand
that application is to be on the Council's agenda on September 7, 2004.
We respectfully request that the Council grant us the opportunity to address the Council
on behalf of that application at the Council Meeting on September 17, 2004.
Very truly yours,
QUAN COHEN & HIRANO LLP
ART R . COHENdV
ADC /is
0
•
E
Aug 25 04 06:07p
Kristen Buansanti
626- 445 -1634
BUONA FORTUNA LLC
132 LAS TUNAS DR.
• ARCADIA, CA, 91007
626- 445 -6630
August 25, 2004
Dear Sir or Madam:
Buona Fortuna, LLC, the owner of the real property located at 132, 136,
140 Las 'Tunas dr. Arcadia, will sign a covenant and agreement to maintain 8
parking spaces at 132 Las Tunas Dr. Arcadia, for the benefit of the City of
Arcadia and Celeste's Restaurant.
•
Sincerely,
Sandra Rentschler
President
p.2
%., i I T .v Ir #► M a.. H Iv I P%
240 West Huntington Drive • P. O. Box 60021 • Arcadia, CA 91066
(626) 574.5430 • Fax (626) 447 -9173 • Attn: Bus, License Office
BUSINESS LICENSE APPLICATION
City Review and Approval
epee ooinir ri eeeiv - nil nuuefinns mutt he answered
Business Name
7w Ls f 1
Business Phone ( ) 1 •
Business Address /36, L✓ Cg C --,�Ll V7 a C j C- • Business Fax (
Owner of Business
owner of Building
Type of Business t I
Describe business activity in detail
Phone No. oj� `/V S �(-S O
Phone No..(
Previous type of business at this address -
Date when previous business was closed? is this a change of business ownership? OYes ❑ No
Do you propose any alterations to the building?)Yes ❑ No
Will training or classes be conducted oh the premises? 0 Yes XNo - If Yes, how many persons will be attending?
List the types and amount of flammable or explosive liquids to be used (if any):
WIII your business discharge wastewater from other than restreoms, drinking fountains, showers, or air conditioners used for human comfort? Q Yes XNo
WIII your business discharge any wastewater from any manufacturing, processing, Institutional, commercial, or any other operation where
thewaswveterindudwsignMmntquandtiesoinorhumanodgin7 El Yes *No
No
If your business is the same as the previous tenant, did the previous tenant ave an Industrial Wastewater Discharge Permit? OYesI
Please check If your business includes one of the following:
Restaurant
❑ Commercial Laboratory
❑ Auto Dealer
O Hospital with Overnight Beds
L1 Hotel
❑ Manufacturing
C3 Auto Repair Shop
❑ Radiator Shop
•
Food Sales
0-
❑ Chemical Laboratories
❑ Automotive Service Station
❑ Centralized Food Processing Facilities
,Retail
❑ Bakeries
❑ Warehouse
❑ Car Wash or Truck Wash_
❑ Centralized Film Processing Facilities
❑ School
Cl Film Processing Services
0 Kennels and Animal Hospitals
❑ Cleaners and Laundries (not -coin
I CERTIFY THAT I HAVE READ THE STATEMENTS CONTAINED
Date: r — ` 'a' O 3 Signature of
AND THAT THEY ARE TRUE AND CORRECT.
•
mW
� t♦
BUSINESS LICENSE APPLICATION
Development Services Department, Business License Office
240 West Huntington Drive, Post Office Box 60021
Arcadia, CA 91066 -6021, (626) 574 -5430, Fax (626) 447 -9173
THIS APPLICATION IS INVALID AFTER THIRTY (30) DAYS.
Application ❑ Change of Owner
❑ Change of Address
❑ Change of Business Name ❑ Home Occupation
Retail ❑ Wholesale ❑ Service ❑ Service/Delivery ❑ General Contractor ❑ Subcontractor
Warehouse Other
❑ Professional ❑ Property Ownership ❑Man factoring ❑Industrial ❑ ❑
Business Name t P 1 v '� o C }�v -4240-
Business Address L-S I w � C.f ` `
rr'Annli P.O. Box (or non - exempt busmesses per State
Mailing Address
City State Zip F
Business Phone (�`'Ll, 1 `1 '" cc } Business Fax f 1 IIate Patd k
i- S -o3
is your business located in the City of Arcadia Yes ❑ No Start Date Q' ^Cash ❑Check No
Description of Business �CSf(l1AVG1✓T4' s. �
Ownership: {y �Corporation ' ❑ Corp -Ltd Liability ❑ Partnership ❑ Sole Proprietor L] Limited Partnership ❑ Trust
State License No. / I License Type Expiration Date
Resale No. 4 ip )00 -./ o 11 -! I FEIN No. SEIN No. -
Enter below names of Owners, Partners, or Corporate Officers. Use additional sheets as necessary.
jVame _
ddress _
City _
Social Security No.
State t n
Driver's License No
Title Phone one
kz Y Cell Phone
Owner Name Title - Phone f 1
Cell Phone j
Home Address
State Zip
City
Social Security No. Driver's License No
In case of emergency, please cogi$ct: 1 - - �
Name �l(j�2L/ i 1 Title Phone
�y �.. "V ?' r Cell Phone j y
Address /IC3 / L.l t G "�- 4
.� ✓l 7c r� State < / 7 % Zip u
City �-.�' ,
Alarm Company (if
Name
Address
City
General Bui
Specialty Bi
Professional
property, ON
Other
Penalty -;T
Phone .
License
State Zip
SS .BUSBVESS L NSE FEE .2 j
� + per employee + per vehicle
sale /service -Base fee.
rte, 'Service vehicles going to a location in "Area t'd a. er vetacle
ding Contractor Base fee + per vehicle
ilding Contractor Base fee + per vehicle
per professional+ per employee tit I
aership Commercial - Base fee" + - per unit over (2)
two " -
Apartments:.. Baselfee: - - + - per!anitoverfour >(4) - - -
tere,is a :100%p penalty on any business opemtit'g -in the City - of Arcadia without .a valid license.
I DECLARE, UNDER PENALTY OF PERJURY, TAT, INFORMATION IN THIS APPLICATION 15 TRUE AND CORRECT.
Signature of Owner o Representative
. Date
f i..+
- (Return entire application f� to a ve Post Office Box and make check payable to the City of Arcadia)
RESOLUTION NO. 1707
A RESOLUTION OF THE PLANNING COMMISSION OF. THE CITY OF
ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT
APPLICATION NO. CUP 04 -005 TO ALLOW SEATING AT AN
EXISTING TAKE -OUT FOOD ESTABLISHMENT , ..(CELESTE'S
KITCHEN) TO ACCOMMODATE 68. PATRONS INCLUDING
INCIDENTAL OUTDOOR DINING AT 136 LAS TUNAS DRIVE
WHEREAS, on April 13, 2004; an application was filed by Oscar Sierra to
allow seating for 68 patrons at an existing take -out food establishment; Development
Services Department Case No. CUP 04 -005, at 136 Las Tunas Drive, more
particularly described as follows:
The westerly 200 feet of the easterly 582.52 feet of lot 68 of. Santa
Anita Colony, in the City of Arcadia, County of Los Angeles, State of
California`as per map recorded in Map Book 42, Page 87 in the Office
of the County Recorder of Said County.
WHEREAS, a public hearing was held on June 8, 2004, 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 HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached report dated June 8, 2004 is true and correct.
SECTION 2. This Commission finds:
A. That the granting of this Conditional Use Permit would be detrimental to
the public health and welfare and injurious to the property and improvements in such
zone or vicinity because the existing parking facilities are inadequate . and there is no
onsite parking for the proposed restaurant.
B. That the use applied for at the location indicated is properly one for which
a Conditional Use Permit is authorized, however, the applicants did not satisfy the
parking requirements for the requested conditional use as specified in Sections
9269.5 et seq. of the Arcadia Municipal Code.
C. That the site for the proposed use is not adequate in size and shape to
accommodate the proposed use, in that there is not sufficient onsite parking, to
accommodate the proposed use.
D. That the site abuts a street that is adequate in width to carry the kind of
traffic that would be generated by the proposed use, however, there is not sufficient
onsite parking to accommodate the use.
E. That the granting of such Conditional Use Permit will adversely affect the
comprehensive General Plan because although the land use and current zoning are
consistent with the General Plan, there is not sufficient onsite parking to
accommodate the use.
F. That the evaluation of the environmental impacts as set forth in the initial
study is appropriate and that the project could have less than a significant effect
upon the environment within the meaning of the California Environmental Quality Act
of 1970, but the project was not approved, and therefore, a Negative Declaration
could not be approved.
SECTION 3. That for the foregoing reasons this Commission denies
Conditional Use Permit Application No. CUP 04 -005 to allow seating for 68 patrons
at an existing take -out food establishment at 136 Las Tunas Drive.
SECTION 4. The decision and findings contained in this Resolution reflect
the Planning Commission's action of June 8, 2004 to deny Conditional Use Permit
Application No. CUP 04 -005, by the following vote:
AYES: Commissioners Baderian, Hsu, Lucas, Olson and Wen
NOES: None
ABSENT: None
SECTION 5. The Secretary shall certify to the adoption of this Resolution
and shall cause a copy to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that this Resolution No. 1707 was adopted at a regular
meeting of the Planning Commission held on June 22, 2004, by the following vote:
AYES: Commissioners Baderian, Hsu, Lucas, Olson and Wen
NOES: None
ABSENT: None
0
2_ 1707
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO �FORM:
Stephen P. Deitsch, City Attorney
City of °Arcadia
Chairman, Planning Commission
City of Arcadia
-3-
1707
0
r�
U
0
To: Arcadia City Council
240 W. Huntington Drive
Arcadia, CA 91066
w �
'JUN 3 0 2004 IA
C IYC�lEA�ic
Re: Appeal of Celeste's Kitchen Inc. from the adoption by
the City Planning Commission of Resolution No., 1707
Denying the Conditional Use Permit 2004-005 which
would allow seating at existing take -out food
establishment ( Celeste's Kitchen) accommodating 68
Patrons including incidental outdoor dining at 136 Las
Tunas Drive'.
In support of this appeal Celeste's Kitchen Inc. offers the following
proposal which will immediately take place:
1. That Celeste's will be open for take -out breakfast and lunch only,
Monday through Friday from 8:00 AM to 3:00 PM.
2. That Celeste's will be open for inside, sit down, dining for 40
patrons, from 5:00 PM to 9:30 PM, Monday through Friday.
3. That there will not be any outside seating at any time.
4. That on Saturday and Sunday, Celeste's will be open for sit down
breakfast, lunch and dinner from 8:00 AM to 9:30 PM.
5. That sufficient parking will be made available to Celeste's
customers from parking lots of adjoining property and business owners after
their business hours, as follows:
(a) C & L Auto Body, 132 Las Tunas Drive after 5:00 PM
every week day when they are closed and all day Saturday and Sunday, when
they are closed. (See their letter attached hereto.)
(b) Property Owners Patty Fong and Mina Fong and Cenco
Auto Body at 124 W. Las Tunas Drive after 5:00 PM every week day, when
they are closed, and all day Saturday and Sunday when they are closed. (See
their letter attached hereto.)
(c) Pet and Jungle Shon, 124 W. Las Tunas Drive, every day of
the week including Saturday and Sunday after 6:00 PM when they are closed.
(See their letter attached hereto.)
Celeste's Kitchen has a growing reputation as the restaurant in the City of
Arcadia that provides a unique cuisine not otherwise available in the City or the
San Gabriel Valley. '' Celeste's is anxious to be able to ,continue to provide this
service to the City.
Celeste's Kitchen Inc. respectfully urges that the City Council grant their
Appeal and permit their continued operation as proposed herein.
Dated:June 30, 2004
Celeste's Kitgtep Inc. .
0
06/29!2004 16:09 6263003706 QUAM CUHE711 HIHANU
•
C & L
AUTO BODY
132 Las Tunas Dr.
Arcadia, CA 91007
Tel. (626) 445 -6630
Fax (626) 447 -2961
E -mail: clautobody(g?aol.com
June 29, 2004
To Whom It May Concern:
HAIiL 04
The management of C & L Auto Body will extend the use of our
parking lot to Celeste's Kitchen during the evening hours after 5 P.M. every
week day when we are closed and all day on weekends. We have been next
door to Celesta's itchen for over a year now and do not find parking 1c, be
a problem as most of its business occurs when we are closed. We
sincerely hope the City of Arcadia will accept a compromise and allow
Celesta's Kitchen to remain open to serve the community.
Sincerely,
SANDRA RENTSCHLER
President
C�
0t ?S'y12gb4 Ib: n'7 6Y6dbtldi 04 UIURN GUrltry MIMANU
• PET AND JUNGLE SHOP
124 W. LAS TUNAS DRIVE
ARCADIA,'CA 91007
(626) 447 -5974 OR (626) 447 -0579
To Whom It May Concern:
This Is to inform you that we at the Pet and Jungle Shop in
cooperation with our Landlord Mr. Ming Pong owner of Cenco Auto Body
have decided to allow patrons of Celesta's Kitchen to use our parking lot
every week day and weekends after 6 P.M. when we are closed.
Thank you for your consideration,
Sincerely
D,B. DANA, Owner
•
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rNUC Ud
1. PUBLIC HEARING CUP 2004 -005
136 Las Tunas Dr.
Celeste's Kitchen (Oscar Sierra)
Consideration of conditional use permit for an existing take -out restaurant to accommodate 68
patrons including incidental outdoor dining.
The staff report was presented.
Commissioner Hsu stated that he drove by the lot and noticed that inoperable cars are being parked
behind C & L Auto Body. If they are going to share the parking lot, the existing situation must be
improved prior to .making any arrangements. He thought it was being used as a storage area. Mr.
Lambert said that parking along Live Oak is for employees or patrons of the site and not for cars waiting
to be serviced.
The public hearing was opened.
Oscar Sierra, 14000 Niko St., Baldwin Park, said that originally they opened this restaurant for take out
only. When he approached the City, he was informed he could open as take out only and see how things
progress before applying for seating. Soon his customers asked if he could provide seating for them
while they are waiting for their food. He then added a couple of more tables for his customers and now
he is here to obtain the necessary permits for his seating. He read a letter from C & L Auto Body Shop
in favor of his use and indicated that the owner of Pet Jungle has informed him that his customers could
utilize it during the weekends and that would be for 50 cars. When he approached the City, he was told
that he would need a CUP to have sit down and it was suggested to him by staff, to first open the
restaurant as take out and submit plans later to have seating.
In answer to a question by Chairman Baderian, Mr. Sierra said that he knew he needed a CUP to have
seating and that is why he is here today. He indicated that after he opened, he was asked by his patrons
to provide seating and that is why he brought in tables and chairs. He knew that he needed a CUP for
seating. In reply to a question by Commissioner Wen, Mr. Sierra said that agreement to utilize the
parking lot during the weekends is verbal
Jennifer Cole, 8418 E. Santa Ynez, San Gabriel, said that she is a patron and truly enjoys going to this
restaurant. The owners have worked very hard to get this business off the ground. They serve
wonderful food and the ambiance of the restaurant is great. Most patrons park along Las Tunas or next
to C & L Auto Body. She thought that something else is going on and had a feeling that it was the other
restaurant that did not want competition and is creating trouble. Mr. Sierra's customers are very loyal
and will walk several blocks just to come to this restaurant. They deserve to have their success and
make a living.
Beth Costanza, Dir. of the Chamber of Commerce, 204 S. Park Rose,. Monrovia, said they are working
very hard to keep business in the City and she would hate to see them go. She preferred working with
them to make it a success. She suggested talking with the neighbor and to legalize the parking.
Sandhya Ray, 141 W. Las Tunas Dr., said that she is the director of Wonder Years Montessori School, •
and although she was not here to create a problem for her neighbor, she was concerned about the traffic
Arcadia City Planning Commission 2 61914
and safety issues. They have seen an increase in the use of parking on their side of the (north side) street
and to either side of their school. When the children are dropped off and picked up, this needs to be
done in a safe manner. But, when cars are continuously parked on their side of the street, this makes
visibility more difficult for the parents and could be potentially disastrous because they cannot see the
traffic on the street. She asked that red curbs be provided on either side of the school to remedy this
problem.
Larry DiPeppe, 140 W. Las Tunas Dr., said that he is the owner and operator of their business, which
has been in the community since 1977. Parking has always been a problem in this area. He doubted that
Pet Jungle would allow them the use of their parking lots, especially since it is chained at the end of the
day. Approximately, one month ago' ABC cited the restaurant for serving alcohol without having the
proper licenses. They ignored that and continued to serve alcohol so he did call ABC back regarding the
violation. Originally, Mr. Sierra approached him to see if he minded if he put a couple of tables for his
patrons while they were waiting for their food but he soon added a couple of more tables and began
serving meals. Many of his customers are older and cannot walk and Mr. Sierra's customers are taking
up the parking so his customers have to walk further to get to his restaurant. He is not against the
competition, just protecting his interests.
Terry Keanan, 226 N. Colorado Blvd., said that Ms. Costanza, the Director of the Chamber, said that
they need more businesses like this in the City. He wondered why they would need a business that
continuously violates, disobeys and disrespects the laws? Arcadia needs law abiding citizens and
businesses. He indicated that they are loyal customers of Mr. DiPeppe's restaurant. Unlike the subject
restaurant, DiPeppe's restaurant has been a sit down establishment since it opened. He could not see
how they could utilize the Pet Jungle parking lot, especially since it is chained up in the evening. The
Planning Commission needs to look at past performance of Mr. Sierra and see him as someone who
freely violates the code.
Connie Keanan, 226 W. Colorado Blvd., said that there is definitely a competition between the two
restaurants.
Katherine Martin, 9153 Las Tunas Dr., said that she is now 17 and has been going to DiPeppe's since
she was 6 years old. They are also loyal customers of this restaurant. The subject restaurant is breaking
the law and not complying with code. She felt that all businesses must abide by the laws that are set.
In rebuttal, Mr. Sierra said he did not set out to disobey the rules. At his customer's request, he put
tables and chairs out. His customers then wanted to bring their own wine so he allowed them to do that.
He noted that a few months ago, one of his patrons was having a party and they had brought wine and he
noticed that waiters from DiPeppe's were taking pictures of this incident. Subsequently, ABC cited him
for serving liquor without having the appropriate licenses and he has since applied for the proper
licenses through ABC. This is not about competition. They just want to work and make a living by
serving good, tasty and fancy food.
No one else spoke in favor of or in opposition to this item.
MOTION:
• It was moved by Commissioner Hsu, seconded by Commissioner Wen to close the public
hearing. The motion passed by voice vote with no one dissenting.
Arcadia City Planning Commission - 3 6/9/4
ROLL CALL:
AYES: Commissioners Hsu, Lucas, Olson, Wen, Baderian
NOES: None
Ms. Butler indicated that the restaurant where Di Peppe's is located has been at this location since the
50s and at that time CUPS were not required, thus, Di Peppe's is a legal non - conforming use. If they
were to close and re -open at a later date they would need to comply with current parking regulations.
Commissioner Wen said that he is sympathetic with the owner and encourages law- abiding businesses.
It is the Planning Commission's responsibility to-interpret the regulations. He strongly suggested that
Mr.' Siena obtain a signed agreement for the use of the parking.
Ms. Butler replied that such an agreement would have to ensure that the parking is excess parking and
that during the specified times it is actually available.
Commissioner Hsu agreed and said that this is a clear violation and he thought that a parking agreement
should be made.
Commissioner Olson recalled a similar situation with a successful real,estate office that did not have
adequate parking. They were told that they were too ,successful for their location and should seek a
better location to serve their n_ eed and he felt that also applies in this situation. He, had a difficult time
supporting this request.
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Wen to deny CUP 2004 -005.
ROLL CALL:
AYES: Commissioners Hsu, Lucas, Olson, Wen, Baderian
NOES:, None
Chairman Baderian noted,,that there is a five working day appeal period after the adoption of the
resolution. The resolution will,be adopted on June 22. Appeals are to be filed by June 30.
Arcadia City Planning Commission 4 61814
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NEGATIVE DECLARATION (DRAFT)
c •
4dPoR�290.���'
1. Name, if any, and a brief description of project:
Application No. CUP 04 -005: A Conditional Use Permit to allow seating at an existing take -out restaurant
( Celeste's Kitchen) to accommodate 68 patrons including incidental outdoor dining at 136 Las. Tunas
Drive.
2. Location:
136 Las Tunas Drive, City of Arcadia, County of Los Angeles
3. Entity or person undertaking project:
Celeste's Kitchen
136 Las Tunas Drive
Arcadia, CA 91007
(626) 254 -8364
The Planning Commission, having reviewed the Initial Study of this proposed project and having
reviewed the written comments received -prior to the public meeting of the Planning Commission,
including the recommendation of the City's:Staff, does•hereby find and declare that the proposed project
will not have a significant effect on the environment. A'brief statement of the reasons supporting the
Planning Commission /City Council's finding's are as follows:
The proposed use is consistent-with the zoning and General Plan land use designation of the
project site and will not have a significant effect upon the,'environment.
The Planning Commission hereby finds that the Negative Declaration reflects its independent judgment.
A copy of the Initial Study may be obtained at:
City of Arcadia Development Services Department
Community Development Division
240 W. Huntington Drive
Arcadia, 91007
(626) 574 -5423
The location and custodian of the documents and any other material which constitute the record of
proceedings upon which the City based its decision to adopt this Negative Declaration are as follows:
City of Arcadia Development Services Department
Community Development Division
240 W Huntington Drive
Arcadia, 91007
(626) 574 -5423
Joseph M. Lambert
Staff •
Date Received for Filing
Neg Dec
7102
0
0
•
File No. CUP 04 -005
CITY OF ARCADIA
240 WEST HUNTINGTON DRIVE
° "• °a. =jO ARCADIA, CA 91007
CALIFORNIA ENVIRONMENTAL QUALITY ACT
ENVIRONMENTAL CHECKLIST FORM
1. Project Title:
Application No. CUP 04 -005
2. Project Address (Location)
136 Las Tunas Drive
3. Project Sponsor's Name, Address & Telephone Number:
Celeste's Kitchen
136 Las Tunas Drive f
Arcadia, CA 91007
(626) 254 -8364
4. Lead Agency.Name & Address:
City of Arcadia Development Services Department
Community Development Division — Planning Services
240 W. Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
5. Lead Agency Contact Person & Telephone Number:
Donna Butter, Community Development Administrator (626).574-5442
6. General Plan Designation:
Commercial
7. Zoning Classification:
C -M
8. Description of Project:
-1-
CEQA Env. Checklist Part 1, 7/02
File No. CUP 04 -005
Conditional Use Permit Application No. 04 -005: A Conditional Use Permit to
allow seating at an existing take -out restaurant (Celestes Kitchen) to
accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas
Drive.
9. Surrounding Land Uses and Setting: (Briefly describe the project's
surroundings.) -
The properties to the north are zoned C -0, and are developed with
commercial land uses. The property to the west is zoned C -2, and is being
developed with a senior housing project. The property to the east is zoned
C -M and is developed with an auto repair use. Properties to the south are
with Temple City.
10. Other public agencies whose approval is required (e.g., permits,
financing approval, or participation agreement):
N/A
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this
project, involving at least one impact that is a "Potentially Significant Impact" as
indicated by the checklist on the following pages.
[ ] Aesthetics [ ] Air Quality
[ ] Biological Resources [" ] Cultural Resources
[ ] Geology /Soils [ ] Hazards & Hazardous Materials
[ ] Hydrology/Water Quality [ . ] Land Use & Planning
[ ] Mineral Resources [ ] Noise
[ ] Population & Housing [ ] Public Services
[ ] Recreation [ ] Transportation / Circulation
[ ] Utilities and Service Systems
[ ] Mandatory Findings of Significance
DETERMINATION (To be completed by the Lead Agency)
On the basis of this initial evaluation:
[X] I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
[ ] I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
-2- CEQA Env. Checklist Part 1, 7/02
•
•
is
File No. CUP 04 -005
mitigation measures described on an attached sheet have been added to the
project. A NEGATIVE DECLARATION will be prepared.
[ ] I find that the proposed project MAY have a significant effect on the
environment, an ENVIRONMENTAL IMPACT REPORT is required.
[ ] I find that the proposed project MAY have a significant effect on the environment,
but that at least one effect has been adequately analyzed in an earlier document
pursuant to applicable legal standards and has been addressed by mitigation
measures based on that earlier analysis as described on attached sheets, and if
any remaining effect is a "Potentially Significant Impact' or 'Potentially
Significant Unless Mitigated," an ENVIRONMENTAL IMPACT REPORT is
required, but it only needs to analyze the effects that have not yet been
addressed.
[ ] I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all
potentially significant effects have been analyzed adequately in an earlier
Environmental Impact Report pursuant to applicable standards and have been
avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that are imposed upon the proposed project.
• By: Donna Butler, Community Development Administrator
For: The City of Arcadia -- Development Services Department
5/3/04
Sign ur Date
Joseph M Lambert Donna L. Butler
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each question.
A "No Impact" answer is adequately supported if the referenced information sources show that the
impact simply does not apply to projects such as the one involved (e.g., the project is not within a'
fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific
factors as well as general standards (e.g., the project will not expose sensitive receptors to
pollutants, based on a project- specific screening analysis).
2. All answers must take account of the whole action involved, including off -site as well as on -site,
cumulative as well as project - level, indirect as well as direct, and construction related as well as
• operational impacts.
-3- CEQA Env. Checklist Part 1, 7/02
File No. CUP 04-005
3. "Potentially Significant Impact' is appropriate if there, is substantial evidence that an effect is
significant. If there are one or more, "Potentially Significant Impact' entries when the determination is
made, an Environmental Impact Report is required.
4. 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant
Impact" The lead agency must describe the mitigation measures, and briefly explain how they
reduce the,effect,to a less than significant level (mitigation measures from Section 17 "Earlier
Analyses" may be cross- referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report,
or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative
Declaration (Section 15063(c)(3)(D)). Earlier analyses are discussed in Section 17 at the end of the
checklist.
a) Earlier Analyses Used: Identify and state where they are available for review
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on
the earlier anal ysis.
c) Mitigation Measures; For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures that were incorporated or refined from the
earlier document and the extent to which they address site - specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist, references to information sources •
for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated.
Supporting Information Sources. A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significant.
•
-4- CEQA Env. Checklist Part 1, 7102
File No.: CUP 04 -005
. Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
"Incorporation
1. AESTHETICS — Would the project
a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑
b) Substantially damage scenic resources, including, but not limited ❑ ❑ ❑
to, trees, rock outcroppings, and historic buildings within a " Ste te'
scenic highway?
c) Substantially degrade the existing visual character or quality of ❑ ❑ ❑
the site and its surroundings?
d) Create a new source of substantial light or glare which would ❑ ❑ ❑
adversely affect day or nighttime views in the area?
•
The proposed project consists of a conditional use permit to locate a restaurant use within an existing
is developed with commercial buildings and no additional
commercial building. The project site already
The site is surrounded by similar commercial uses` and
is part of a larger
construction is proposed. project
As no adverse impact is anticipated.
commercial center. such,
2.
AGRICULTURE RESOURCES -'In determining whether impacts
to agriculture resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land Evaluation
and Site Assessment Model (1997) prepared by the California
Dept. of Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of _ ❑ ❑
Statewide Importance (Farmland) to non - agricultural use? (The
❑
Farmland Mapping and Monitoring ,Program in the California
Resources Agency to non - agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson ❑ ❑
❑
Act contract?
c) Involve other changes in the existing environment, which, due to ❑ ❑
❑
their location or nature, could result in conversion of Farmland to
non- agricultural use?
CEQA Checklist
5
7102
File No.: CUP 04 -005
Less Than •
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Incorporation
The proposal is consistent with the Commercial land use designation of the General Plan and with the zoning
of the site, and is required to comply with the regulations of any other jurisdictional agency with applicable
environmental regulations. The project site is surrounded by similar uses and no additional commercial
construction is proposed at the project site. As such, the proposal will have no impacts on agricultural
resources.
3. AIR QUALITY - Where available, the significance criteria
established by the applicable air quality management or air
pollution control district may be relied upon to make the following
determinations. Would the project:
a)
Conflict with or obstruct implementation of the applicable air
❑
❑
❑
quality plan?
b)
Violate any air quality standard or contribute substantially to an
❑
❑
❑
existing or projected air quality violation?
c)
Result in a cumulatively considerable net increase of any criteria
❑
❑
❑
pollutant for which the project region is non - attainment under an
applicable federal or state ambient air quality standard (including
releasing emissions ,which exceed quantitative thresholds for
ozone precursors)?
e)
Expose sensitive receptors to substantial pollutant
❑
❑
❑
concentrations?
f)
Create objectionable odors affecting a substantial number of
❑
❑
❑
people?
The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant
within an existing commercial building. The project site is already developed with commercial buildings and no
additional construction is proposed. The continued use of the site will be in accordance with local air quality
regulations as administered by the South Coast Air Quality Management District. As such, no adverse impacts
are anticipated.
4. BIOLOGICAL RESOURCES - Would the project:
a) Have a substantial adverse impact, either directly or through ❑ ❑ ❑
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish` '
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse impact on any riparian habitat or other ❑ ❑ ❑
CEQA Checklist
6
7102
•
File No.: CUP 04 -005
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Incorporation
sensitive natural community identified in local or regional plans,
policies, and regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected wetlands
as defined by Section 404 of the Clean Water Act (including but
not limited to , marsh, vernal pool, coastal,.etc.) through direct
removal, filling, hydrological interruption or other means?
d) Interfere substantially with the movement of any native resident or ❑
migratory fish or wildlife species or with established resident or
migratory wildlife corridors, or impede the use of wildlife nursery
sites?
❑ ❑
e) Conflict with any local policies or ordinances protecting biological ❑ ❑ ❑
resources, such as a tree preservation policy or ordinance?
• f) Conflict with the provisions of an adopted Habitat Conservation ❑ ❑ ❑
Plan, Natural Conservation Community Plan, or other approved
local, regional or state habitat conservation plan?
The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant
within an existing commercial building. The project site is already developed with commercial buildings and no
additional construction is proposed. As such, the proposal will have no impacts on biological resources.
5. CULTURAL RESOURCES -Would the project:
a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑
historical resource as defined in § 15064.5?
b) Cause a substantial adverse change in the significance of an ❑ ❑ ❑
archaeological resource pursuant to § 15064.5?
c) Directly or indirectly destroy a unique paleontological resource or ❑ ❑ ❑
site or unique geologic feature?
d) Disturb any human remains, including those interred outside of ❑ ❑ ❑
formal cemeteries?
The project site is already developed with a commercial building and no additional construction is proposed.
• As such, no adverse impacts on cultural resources are anticipated.
6. GEOLOGY AND SOILS - Would the project:
CEQA Checklist
7
7102
7
File No.: CUP 04 -005
Less Than •
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Incorporation
a) Expose people or structures to potential substantial adverse ❑
effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist - Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including liquefaction?
v) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would
become unstable.as a result of the project, and potentially result
in on or off -site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil as defined in Table 18 -1 -8 of the
Uniform Building Code (1994), creating substantial risks to life or
property?
Is
❑
❑
❑
❑
❑
❑
EJ
El
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❑ ® •
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e) Have soils incapable of adequately supporting the use of septic ❑ ❑ ❑
tanks or alternative waste water disposal systems where sewers
are not available for the disposal of waste water?
While this entire region is subject to the effects of seismic activity, the subject location has not been determined
to be especially susceptible to any of the above geological or soil problems. The site is essentially fiat land,
and is not within an area subject to inundation;: subsidence, or expansion of soils. The proposed project
consists of a conditional use permit to locate seating in an existing take -out restaurant within an existing
commercial building. The project site is already developed with commercial buildings and no additional
construction is proposed. As such, no adverse impacts are anticipated.
VII. HAZARDS AND HAZARDOUS MATERIALS - Would the •
project:
CEQA Checklist
a
7/02
•
•
06.
File No.: CUP 04 -005
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation impact Impact
Incorporation
a) Create a significant hazard to the public or the environment ❑ ❑ ❑
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment ❑ ❑ ❑
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c) emit hazardous emissions or handle hazardous or acutely ❑ ❑ ❑
hazardous materials, substances, or waste within one - quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous ❑ ❑ ❑
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
e) For a project located within an airport land use plan or, where ❑ ❑ ❑
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
f) For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑
project result in a safety hazard for people residing or working in
the project area?
g) Impair implementation of or physically interfere with an adopted ❑ ❑ ❑
emergency response plan or emergency evacuation plan?
h) . Expose people or structures to a sigificant risk of loss, injury or ❑ ❑ ❑
death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
with wildlands?
The project site is already developed with a commercial building and no additional construction is proposed.
The project site is surrounded by similar uses and no additional commercial construction is proposed at the
project site. The proposed project does not involve hazardous substances, nor will it create or expose people
to health hazards. The proposal will be in compliance with emergency access and fire safety regulations. As
such, no adverse impacts are anticipated.
HYDROLOGY AND WATER QUALITY - Would the project:
CEQA Checklist
9
7102
e) Create or contribute runoff water which would exceed the capacity [I El El of existing or planned storm water drainage systems or provide
substantial additional sources of polluted runoff ?,
f) Otherwise substantially degrade water quality
❑
File No.: CUP 04 -005
❑
•
❑
❑
Less Than
a federal Flood Hazard Boundary or Flood Insurance Rate Map or
Potentially Significant Less Than
Significant With Significant No
other flood hazard delineation map?
Impact Mitigation Impact Impact
Incorporation
a)
Violate any water quality . standards or waste discharge
❑ ❑ ❑
requirements?
b)
Substantially deplete groundwater supplies or interfere
❑ ❑ ❑
i) Expose people or structures to a.significant risk of.loss, injury or
substantially with groundwater, recharge such that there would be
❑
❑
a net deficit in aquifer volume or a lowering of the local
death involving flooding, including flooding as a• result of the
groundwater table level (i.e., the production rate of pre- existing
nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits have been
granted)?
c)
Substantially alter the existing drainage pattern of the site or area,
❑ ❑ ❑
❑
including through the alteration of the course of a stream or river,
❑
®
in a manner which would result in substantial erosion or siltation
on- or off -site?
d)
Substantially alter the existing drainage pattern of the site or area,
❑ ❑ ❑ ®
10
including through the alteration of the course of a stream or river,
•
or substantially increase the rate or amount of surface runoff in a
7/02
manner which would result in flooding on- oroff -site?
e) Create or contribute runoff water which would exceed the capacity [I El El of existing or planned storm water drainage systems or provide
substantial additional sources of polluted runoff ?,
f) Otherwise substantially degrade water quality
❑
❑
❑
g) Place housing within a 100 -year flood hazard area, as mapped on
❑
❑
❑
a federal Flood Hazard Boundary or Flood Insurance Rate Map or
other flood hazard delineation map?
h) Place within a 100 -year floodplain structures which would impede
❑
Cl
❑
or redirect flood flows?
i) Expose people or structures to a.significant risk of.loss, injury or
❑
❑
❑
death involving flooding, including flooding as a• result of the
failure of 'a levee or dam? .-
•
j) Inundation by seiche, tsunami or mudflow?
❑
❑
❑
®
CEQA Checklist
10
7/02
File No.: CUP 04 -005
tLess Than
-
Potentially
Significant
Less Than
Significant
With
Significant
No
Impact
Mitigation
Impact
Impact
Incorporation
k) Potential impact of project construction on storm water runoff?
❑
❑
❑
1) Potential impact of project post- construction activity on storm
❑
❑
❑
water runoff?
m Potential for discharge of storm water from areas from material ❑ ❑ ❑
storage, vehicle or equipment maintenance (including washing),
waste handling, hazardous materials handling or storage, delivery
areas or loading docks, or other outdoor work areas?
n) Potential for discharge of storm water to cause significant harm ❑ ❑ ❑
on the biological integrity of the waterways and water bodies?
o) Potential for discharge of storm water to impair the beneficial ❑ ❑ ❑
• uses of the receiving waters or areas that provide water quality
benefit?
p) Potential for significant changes in the flow velocity or volume of ❑ ❑ ❑
storm water runoff that can use environmental harm?
q) Potential for significant increases in erosion of the project site or ❑ ❑ ❑ - El
surrounding areas?
The project site is already developed with a commercial building and no additional construction is proposed.
The project site is surrounded by similar uses and no additional commercial construction is proposed at the
project site. There will be no change to the existing drainage and runoff generated by the project site. As
such, no adverse impacts are anticipated.
9. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community? ❑ ❑ ❑
b) Conflict with any applicable land use plan, policy, or regulation of ❑ ❑ ❑
an agency with jurisdiction over the project (including, but not
limited to the general plan, specific plan, local coastal program, or
zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
• c) Conflict with any applicable habitat conservation plan or natural ❑ ❑ ❑
CEQA Checklist
11
7102
10.
11
File No.: CUP 04 -005
Less Than •
' Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Incorporation
community conservation plan?
The proposal is consistent with the Commercial ;land use designation of the, General Plan and with the C -M
zone, and is required to comply with the regulations of any other jurisdictional agency with applicable
environmental regulations. The proposed project consists of a conditional use permit to locate seating in an
existing take -out restaurant within an existing commercial building. The project site is already developed with
commercial buildings and no additional construction is proposed. As such, no adverse impacts are anticipated.
MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that ❑ ❑ ❑
would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally- important mineral ❑ ❑ ❑
resource recovery site delineated on a local general plan, specific
plan or other land use plan?
No mineral resources are known to exist at the site. As such, no adverse impacts are anticipated.
NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of .' .❑ El El ® •
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive groundborne
❑
❑
❑
vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise levels in the
❑
❑
❑
project vicinity above levels existing without the project?
d) A substantial„ temporary or periodic increase in ambient noise
❑
❑
❑
levels' in the project vicinity above levels existing without the
project?
e) For a project located within an airport land. use plan or, where ❑ ❑ ❑
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels? .
f) ' For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑
project expose people residing or working in the project area to
excessive noise levels? •
CEQA Checklist
12
7/02
File No.: CUP 04 -005
•
Less Than
Potentially
Significant Less Than
- - Significant
With Significant No
Impact
Mitigation Impact Impact
'
Incorporation
The project site is surrounded by similar uses and no additional commercial construction is proposed at the
project site. Therefore, there will not be any new sources of noise at the project site. As such, no adverse
impacts are anticipated.
12.
POPULATION AND HOUSING - Would the project:
a) Induce substantial population growth in an area, either directly (for ❑
❑ ❑
example, by proposing new homes and businesses) or indirectly
(for example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating ❑
❑ ❑
the construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the ❑
❑ ❑
construction of replacement housing elsewhere?
The project site is surrounded by similar uses and no additional commercial construction is proposed at the
project site. Also, there will not be any new construction of residential units.
As such, no adverse impacts are
anticipated.
the
PUBLIC SERVICES — Would project:
a) Result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need
for new or physically altered governmental facilities, the
construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for any of the public
services:
Fire protection? ❑
❑ ❑
Police protection? ❑
❑ ❑
Schools? ❑
❑ ❑
Parks? ❑
❑ ❑
Other public facilities? ❑
❑ ❑
The project site is already developed with a commercial building and no additional construction is proposed.
The project site is surrounded by similar uses and no additional commercial construction is proposed at the
project site. Therefore, no impacts to public services are anticipated.
14.
RECREATION — Would the project:
•
a) Increase the use of existing neighborhood and regional parks or ❑
❑ ❑
other recreational facilities such that substantial physical
CEQA Checklist
13
7102
15.
File No.: CUP 04 -005 1 ,
Less Than •
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Incorporation
deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the ❑ ❑ ❑ N
construction or expansion of recreational facilities which have an
adverse physical effect on the environment?
The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant
within an existing commercial building. The project site is already developed with commercial buildings and no
additional construction is proposed. As such, the project will not create a significant impact upon recreational
services.
TRANSPORTATIONITRAFFIC - Would the project: `
a) Cause an increase in traffic which is substantial in relation to the ❑ ❑ ❑ N
existing traffic load and capacity of the street system (i.e., result in
a substantial increase in either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of service ❑ ❑ ❑ N •
standard established by the county congestion management
agency for designated roads or highways?
c) Result in a change in air traffic patterns, including either an ❑
increase in traffic levels or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g., ❑
sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)?
e) Result in inadequate emergency access? ❑
f) Result in inadequate parking capacity?
g) . Conflict with adopted policies, plans or programs supporting
alternative transportation (e.g., bus turnouts, bicycle racks) ?'
a
❑
❑
N
❑
❑
N
❑
❑
N
❑
N
❑
❑
❑
N
•
CEQA Checklist
14
7/02
•
ityl
File No.: CUP 04 -005
Less Than
Potentially Significant - Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Incorporation
The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant
within an existing commercial building. The project site is already developed with commercial buildings and no
additional construction is proposed. Part of the conditional use permit process will include an analysis of the
parking situation and a determination by staff on the adequacy of parking. As such, the impacts if any, are less
than significant.
UTILITIES AND SERVICE SYSTEMS - Would the project:
a) Exceed wastewater treatment requirements of the applicable ❑ ❑ ❑
Regional Water Quality Control Board?
b) Require or result in the construction of new water or wastewater ❑ ❑ ❑
treatment facilities or expansion of existing facilities, the
construction of which could cause 'significant environmental
effects?
c)
Require or result in the construction of new storm water drainage ❑
❑ ❑
facilities or expansion of.existing facilities, the construction of
•
which could cause significant environmental effects?
d)
Have sufficient water supplies available to serve the project from ❑
❑ ❑
existing entitlements and resources, or are new or expanded
In this determination, the City shall
entitlements needed? making
consider whether the project is subject to the water supply
assessment requirements of Water Code Section 10910, et seq.
(SB 610), and the requirements of Government Code Section
664737 (SB221).
e)
Result in a determination by the wastewater treatment provider ❑
❑ ❑
which serves or may serve the project determined that it has
adequate capacity to serve the project's projected demand in
addition to the provider's existing commitments?
f)
Be served by a landfill with sufficient permitted capacity to ❑
❑ ❑
accommodate the project's solid waste disposal needs?
g)
Comply with federal, state and local statues and regulations ❑
❑ ❑
related to solid waste?
The project site is already developed with a commercial building and no additional construction is proposed.
additional commercial construction is proposed at the
•
The project site is surrounded by similar uses and no
project site. As such, no adverse impacts are anticipated.
CEQA Checklist
-
15
7102
File No.: CUP 04 -005
-
Less Than
Potentially Significant 'Less Than
-
Significant With Significant No
Impact Mltlgation Impact Impact
Incorporation
17. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the
❑ ❑ ❑
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below
self - sustaining levels, threaten to eliminater a plant or animal'
community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
b Does the project have impacts that are individually limited, but,
❑ ❑ ❑
cumulatively considerable? ( "Cumulatively considerable" means
that the incremental effects of a project are considerable when
viewed in connection' with the effects of past projects, the - effects
of other current projects, and the effects of probable future
projects)?
\J
c) Does the project have environmental effects which will cause ❑ ❑ ❑ ® •
substantial adverse effects on human beings, either directly'. , or .
indirectly?
The proposed project consists of a conditional use permit to locate seating,in an existing take -out restaurant
within an existing commercial building. The project site is,aiready developed with commercial buildings and no
additional construction is proposed. The conditional use permit shall not result'in cumulative impacts to the
surrounding neighborhood or limit the future development of the neighborhood. As such, no, adverse impacts
are anticipated.
CEQA Checklist
16
-7/02
w'
•
General Information
1. Applicant's Name: Cep
•• ' fit. 'V _ Wlw'
File No. [/t40
CITY OF ARCADIA
240 WEST HUNTINGTON DRIVE
ARCADIA, CA 91007"
VIRONMENTAL INFORMATION FORM
7A
2. Property Address (Location): 13(n W IZ S Tun0.S J'C VkrC tct - CR CI 1�0�
Assessor's Number: -S-+89-021-nag! 51aw- 02-2'-004
3. Naagp1le, address and telephone number of person to be contacted concerning this project:
r1r�___. Caav,fA Cn7r� ]_SH—R';k(,%A
4. List and describe any other related permits and other public approvals required for this project, including those
required by city, regional, state and federal agencies:
• 5. Zone Classification: A RC
6. General Plan Designation:
Project Description
7. Proposed use of site (project description): TA KL Nk Yal'\4- -to bQ
8. Site size:
9. Square footage per building: 10 L.V
10. Number of floors of construction: I
11. Amount of off - street parking provided:: Ito
12. Proposed scheduling of project: ft1T 11 CJ'QS Wii'tl 1-k dWUY 2AC�
13. Anticipated incremental development:
14. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of
household sizes expected:
15. If commercial, indicate the type, i.e. neighborhood, city or regionally oriented, square footage of sales area,
and loading facilities, hours of operation:
I 1j/( F
+Ix Iomfed iR m r&x ost S ?tJ Wi44i ( rAeatAl C_ ar[.ttr4es ort
I�i3 0O
16. If inc
4:3o rAA . r- - Sa %:a0 s.OA'-o of '.0o P•+a. So c 3'06'& �a
yment per shift, and loading facilities:
17. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project:
18. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly
why the application is r;equirell:
Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional
sheets as necessary).
YES
NO
19.
Change in existing features of any hills, or substantial alteratin of ground contours.
❑
20.
Change in scenic views or vistas from existing residential areas or publiclands or roads
❑
•
21.
Change in pattern, scale or character of general area of project.
❑
22.
Significant amounts of solid waste or litter.
❑
d
23.
Change in dust, ash, smoke, fumes or odors in vicinity.
❑
24.
Change in ground water quality or quantity, or alteration of existing drainage pattersn.
❑
25.
Substantial change in existing noise or vibration levels in the vicinity.
❑
26.
Is site on filled land or on any slopes of 10 percent or. more.
❑
27.
Use or disposal of potentially hazardous materials, such as toxic substances, flammable
❑
or explosives.
YES
NO
28.
Substantial change in demand for municipal services (police, fire, water, sewage, etc.)
❑
E.I.R.
04/17/03
.
Page 2
• 29.
Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.
❑
❑
0,
30.
Relationship to a larger project or series of projects.
31.
Storm water system discharges from areas for materials storage, vehicle or equipment
❑
fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous
materials handling or storage delivery or loading docks, or other outdoor work areas?
32.
A significantly environmentally harmful increase in the flow rate or volume of storm water
runoff?
33.
A significantly environmentally harmful increase in erosion of the project site or surrounding
❑
areas?
34.
Storm water discharges that would significantly impair the beneficial use of receiving waters
❑
or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.)?
❑
35.
Hann to the biological integrity of drainage systems and water bodies?
Environmental Setting
• 36. Describe (on a separate sheet) the project site as it exists before the project, including information on
topography, soil stability, plants and animals, any cultural, historical or scenic aspects, any existing structures
on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be
accepted.
37. Describe (on a separate sheet) the surrounding properties, including information on plants, animals, any
cultural, historical or scenic aspects. Indicate the type of land uses (residential, commercial, etc.), intensity of
land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height,
frontage, set - backs, rear yards, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be
accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are
true and correct to the best of my knowledge and belief.
Date S' ature
E.I.R. / 03
04/17/03
Page 3
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San Gabriel Valley
WEEKLY-
'
Out�1}lr AAf„1 pp nntp'�
�V
sandwich had ,various; gc> =ensh �;
Maya, aloll dressing, and mo=a- �!
. 4 got the hat Mom. bill I arn'still.
writing.
UlL G ye al
The food here Is excellent'
relle eheeiw But what made the
LL 11__
'You are correct; t have not used"
saioMch was. the.::Mamtaiade
'syveev:onlon
Steve
COIIIIIS
the'adjective excellent too.often:
onlohs a griiled/i;
-Uy
When' Writing this column. But I'-
sauteed to perfegtlon. Now it was
WHO: CELESTE's KITCHEN
feel,that I may do them a.disser-
my turn to act fdte.s dog rblling Ilr�al.
(Omelet House)
virz'' by; not using N 'and this is
the gtass:..l may just go broke if I . ,
WHAT: French style food
only having lunch., r
go back there everyday forlunclvw
WHERE: 135 W. Ws Tunas 0,r,
Oscar.uses ground sirloin Iii;,
altemstIng betwssn the burger,,,.
Arcadia
. 6uMars. What., this mean ie;
and. grilled chicken: and I halls`
WHEN. Closed Mondays. "
that you will' be geNng arc ex'i
only been there once:
and Tuesdays
tremely. flavorful meat patty, � a
When we arrived; three other
'and
Wednesday — Saturday'',
very 99nerous pally that Is van/:'
tables "were . ecaipied: ,one_,
8 s m. to 9 pm.
tenderand possibly completely fat;
fellow was at the mtfnter getting a
Closed 310 5 to sef up for dinner
'free:'Jtmmhy ordered k, and as, he :,
. to=ga order,:.,Unfortunately,
Sunday.B to 3:30
:ate he. had a look on. his faoe,.
Celestes; is considered a fats'.: p .
How Much: Lunch for two, -;,
. ln�: like my dog gets when I. nib,
food placa by the ABC, so no.' -
"
,
about.$20 K:...
h'�rbelly Just right For'the'restof!
beef or wine. Celeste's was allow-
the.'aRemoon he kept going• on;
ing patron's to DMg' tlte'e own
As' I wrNa' tfhia I am being,
and on about how good it was..,;!
. wine, and did not charge a cork -
,
threatened. 6y. • my mother.,
.asD�ty the meat especially;'
age fee. One of the nearby estab
'Stephen; (notice the anger with
'.'fhe nun. Okay; we get the Idea,
Ilshments fingered Oscar to the':
.
her using my proper name wNh
'ph') "don't
. tNe'edless to say, this would be my:
' droice for best.burger In the area,,
ABC, •and now= lheoe is a stop
(temporary, I hope) to'the Prato-
emphas• ail the you
dare write about them. I'll shoot.
'The' burger come with fries, and
tics. .
you N youdo ;.That threat doesn't
' boy did to At least two'of ldaho's'
Oscar wants his customers.
tarty any. welght because she
best wound up on the plate: Big
.to 4e pleased, but a.;beedwtne
has beenthreatening to shoot me
and thick cut. Jimmy poulddtfin-
license is ,experisive. Needless to"
since about theflhh grade,
Leh. them, and passed them. on to;
say,alf I want Italian food this sec•',.
I must write. people need to
. me- • I' have said in the past that I
lion of Las Tunas will not be on .,
know. Oscar Sierra Is the owner
am not much of a fry guy...but t;
my •list (to think I actually wrote'
and chef and probably one of the'
wlU certainly not claim that, with
well of the other place)..,
nicest guys I have had the pleas -
regards to the fries at Celedte's..
I .think what, you may notice
ure to meet In recent years, and
:' S 1 : had" Ahe gnlledr chicken •
- first is how clean the restaurant is.
his affable nature•is reflected in'
sandwich", another excellent.
Jim.and I noticed right away. It
the young man that was our
choice, I vacillated for a while tie-
has. a' very intimate and comfort- .
server this a8emoon.
tween having half a sandwich and
able atmosphere, perfect for dire,
My mom has calmed down,
coup c• salad. ' I don't think I
ing. Jim and t looked over the
and is going on and on about the
would have been any less saes
breakfast and dinner.menus-and
place; maybe she should shoot
tied if I•had gone that way umugh.'
we defnitely' plan to be bads with
me. She has been there many
My sandwich came with a slice of
others in tow. We have found one
spots to
times, and keeps reiterating that
honeydew that was pertecby ripe,
"
of those perfect go...
there is only seating for about 20.
and some strawberries: The
Out On The Town.
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James Cole
8418 E. Santa Ynez St.
San Gabriel, CA 91775 -2525
"626 - 285 -4753
June 20, 2004
City Council of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
574 -5444
ATTN: Joe Lambert, Associate Planner
i lambert(aici. arcadi a. c a. us.
RE: Application # CUP 2004 -005 and public hearing 6/22/2004
ADDRESS: the Restaurant known as Celeste's Kitchen
located at 136 Las Tunas Drive, Arcadia
Dear Mr. Lambert and Honorable City Council Members:
�J
We strongly support approval of the above application request. We ask that the
Honorable City Council.members overrule the Planning Department's denial of the
application and seek a compromise that will allow Oscar and Nancy Sierra to remain go
in business and satisfy the strong demand among many area residents for their
incomparable cuisine.
The type of high end cuisine served by Celeste's Kitchen is not suitable for take out. Can
you imagine ordering take out food at the Parkway Grill? I.certainly cannot. It needs to be
enjoyed on the premises. Please see photos (# 1 and # 2)*, of salmon with garlic mashed
potatoes, grilled tomatoes and yellow squash, topped with fried spinach finished with a
lemon sauce; and the second plate being rack of lamb with garlic mashed potatoes, grilled
yellow squash topped with fried spinach, •finished with a barbeque sauce.
For the edification of the City Council members I have taken photographs* to illustrate
the fact that there is no parkins shortase in the immediate vicinity of the two restaurants
known as Celeste's Kitchen and the Pizza House. These photos were all taken between
7:15 and 7:20 pm on the Saturday night of June 1% 2004, presumably prime time for the
restaurant business.
At the C-& L Collision Center next door, photo (# 3) shows 6 unoccupied parkins; spaces
available for restaurant customers at 7:15 pm Saturday night.
In the rear parking lot behind the Pizza House photo (# 4) shows 4 unoccupied parkins
spaces available for Pizza House customers at 7:20 pm Saturday night.
•
• Out of a total of 15 off street parking spaces available to the restaurants only 5 are
occupied.
On the street directly in front of the Pizza House photo (# 5) shows 1 unoccupied parking
space available for restaurant customers. On the south side (restaurant side) of Las Tunas
Drive, a total of 6 cars are parked out of a total of at least 12 street parking spaces within
easy walking distance of the restaurants (please see photos # 6, 7, 8 & 9), again on
Saturday night prime time.
Across the street photo (# 10) shows that not one customer or restaurant worker parked on
the north side of Las Tunas Drive.
I thank the Honorable City Council members for your time and I hope you make a decision
that is just and accommodates the best interests of all parties concerned.
Sincerely,
U CWGt--
James Cole
LJ
* The photos will be presented by me at the June 22 public hearing
n
U
MARTIN R. BOLES
288 Arbolodo Drive
Arcadia, CA 91006
June 14, 2004
City of Arcadia Planning Services
240 West Huntington Drive
Arcadia, CA 91006
Attention: Joe Lambert, Associate Planner
Rece,Ve®
JUN 16 2004
Y De ivneew &W
Re: Celeste's Kitchen Application for Conditional Use Permit
for "Sit Down" Style Restaurant
Dear Mr. Lambert,
I support the appeal by Celeste's Kitchen of the denial of the application for a
"conditional use permit" for a sit -down style restaurant..
The permit should be granted to Celeste's Kitchen.
We have patronized this restaurant a half -dozen times in the last year or so. We have
never found parking to be a problem whatsoever. Indeed, there is always ample parking.
It is silly to suppose that this tiny little business could create a parking problem in our
City. This can only be a case of "sour grapes" by a competitor restaurant. I am surprised that the
government, which is supposed to operate for the benefit of the public good, would give in to the
demands of private avarice.
The decision to deny Celeste's permit demeans our City. Celeste's is simply one of the
finest restaurants I have been to in Southern California, and that includes the "chic" restaurants
of our former neighborhood of Oldtown Pasadena and the fancy dining where I work in
Downtown. The food at Celeste's is exquisite and one of a kind. Try it, and you'll agree. Just
as important, the couple who runs the restaurant, Oscar and Nancy Sierra, are lovely,
hardworking people. They bring joy to all their patrons, who return their affection. Go there.
You will see that this is no ordinary owner - patron relationship. There is something special here.
Maybe that is what the competitor senses and is grumpy over; rather than lodging sham protests,
he should make the effort to emulate it himself. Oscar and Nancy have come here from
Guatemala and are living the American dream, starting their own business, and bringing
•
•
• City of Arcadia Planning Services
June 14, 2004
Page 2
something special to the lives of those of us who live in Arcadia. Please, don't squash that
dream. Don't let a contrived "problem" take away this small jewel of our City.
181630-In .
•
•
Sincerely,
v'
artin R. Boles
Joe Lambert
From: Nancy Curran [nbfundy @yahoo.com] •
Sent: Thursday, June 10, 2004 3:41 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen and parking
Dear Mr. Lambert:
My neighbor's introduced me to Celeste's'Kitchen six
months ago. Until that time, I had had no idea we had
a business that upgraded the blight that is Live Oak
Avenue. - -
There is no place else in Arcadia where you can sit
down to have a meal similar to that of Old Town
Pasadena or Myrtle street in Monrovia. This is a
fairly new restaurant and does not have "atmosphere "'
but does have excellent gourmet food. The owner's are
Very friendly and make all welcome.
In the months that I have enjoyed breakfast, lunch and
dinner at Celestes, I have never run into a parking
problem. I have friends that enjoyed Oscar's cooking
when he was a Chef in San Marino and have followed him
to Arcadia. I also know of couple's that come from
Temple City, Altadena and Monrovia to sample his
cooking. They,'in their turn, never had a problem with
parking.
It is my understanding that the Arcadia City Planning •
Department found that there is insufficient parking
for both Celeste's Kitchen and the Pizza house next
door to it on Live Oak.
I cannot believe that you would turn this excellent
business into "take out" only! Arcadia is overflowing
with pharmacies, Asian and Italian restaurants, nail
parlors, etc. I would hate to see this restaurant
lost to Arcadia and the business it now brings into
the Live Oak area.
Live Oak has been an eye sore for years, relieved only
by the Live Oak Pharmacy, Thai restaurant, Ralph's,
Chef's,.Savon, Rite Aide, Walgreen's, Coco's and Pet
and Jungle. Finally we are improving this area with
diverse business and we could lose it. I understand
that the auto repair business next door to Celeste's
Kitchen has offered their parking lot for the dinner
hours. Since the Pizza house does not serve either
breakfast or lunch, there should not be a parking
issue. I would gladly walk to'Celeste's Kitchen to
make sure that there was parking for other's that come
from farther away. -
Did you notice how many pharmacies are mentioned as
already being in place on Live Oak in less than a
quarter mile? We do not need another pharmacy, but we
do need a business that would draw customer's to our
community. If evening parking is such an issue, would •
there be a way to pay the property owners where Pet
and Jungle and the Tattoo Parlor exist, for the use of
their lot at night?
1
Finally, I would suggest that the Planning Department
as well as the City Council try a meal at Celeste's
Kitchen to see why, after living' in this community
nce 1951, that I am finally speaking up for one of
'sbusinesses.
Sincerely,
Nancy Curran (Durland)
Do you Yahoo! ?"
Friends. Fun. Try the all -new Yahool Messenger.
http: / /messenger.yahoo.COM/
r�
L. J
•
2
Page 1 of 1
Joe Lambert
From: Marj Rubinfeld [marjr56 @hotmail.com]
Sent: Saturday, August 07, 2004 2:33 PM
To: 11ambart @ci:arcad is. ca. u s
Subject: Celeste's Kitchen
Although I live in temple City, my husband and I frequently eat out in Arcadia; we were so pleased to
recently discover Celeste's Kitchen and want to support their request for "incidental outdoor dining."
The food preparation, service, and ambiance at this restaurant is definitely "" and provides a unique
venue. We are hoping that you can accomodate Chef /Owner Oscar Sierra's needs so that he will be able
to continue to operate close to our neighborhood!
Express vourself instantl.,y with MR N — Messent;er!_Download today it's-FREE!
0
•
8/9/2004
June 9, 2004
To Whom it may concern,
JUN 14 2004
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My husband and I were devastated to hear of the possible closing of our new
neighborhood restaurant. We have enjoyed dining at Celeste's Kitchen on several
occasions. As fellow Arcadia business owners we realize and appreciate the hard work
and dedication Mr. and Mrs. Sierra have put into their restaurant in order to serve our
community. They not only offer great food but a wane and friendly atmosphere. Every
time we dine at Celeste Kitchen we see other neighbors and friends. We were sad to
discover that a neighboring pizza parlor had complained about a parking problem. We
• can honestly say we have never had a problem finding convenient parking.
We would hate to see this establishment close it's doors. Please reconsider any plans you
may have had in closing this wonderful restaurant.
Dr. a d Jess L. Saenz
221 S. Ave
Arcadia, CA 91006 .
(626) 446 -8264
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June 9, 2004
To Whom it may concern,
,}gyp 14 2004
LnfAlOYflfly' G�J'IL, ,<T Division'
As loyal patrons of Celeste's Kitchen my husband and I were angered when we heard
that the pizza parlor was trying claim a problem with parking. We dine weekly at
Celeste's kitchen and have never encountered a problem with parking. We would be
greatly saddened to see this great establishment close. We enjoy the family atmosphere
and service and the food is a dining pleasure. Celeste's Kitchen is a great location for
South Arcadia residents who want to experience quality food and intimate dining without
• having to travel outside our city.
Please allow Celeste's Kitchen to continue serving our community.
•
ie
Page 1 of 1
Joe Lambert
From: Nancy Shapiro [ NANCYS @smtpgtwy.ausd.kl2.ca.us] •
Sent: Thursday, June 10, 2004 1:37 PM
To: jlambert@ci.arcadia.ca.us `
Subject: PARKING CRISIS
It has come to my attention that the City of Arcadia has denied CELESTE'S KITCHEN a "conditional use
permit" for a sit -down style restaurant.
I have been dining at CELESTE'S KITCHEN about once a week almost since they opened. Not once have I
found parking to be a problem. Today and last week I parked DIRECTLY IN FRONT of CELESTE'S
KITCHEN. I have NEVER parked west of CELESTE'S KITCHEN, only directly in front, to the east, or in
the parking lot of the auto shop who has actually come over to me when he saw that I had parked in the
street and said we can park in his lot ANY TIME.
This is a very small restaurant, with very few tables and I cannot imagine that there would be so many cars
at this restaurant that would impact any parking along this stretch of Live Oak. If so, customers would be
staying away ... instead of flocking to this restaurant the way they are.
Instead of driving a small, family run, business out of the city of Arcadia, why not embrace such an
enterprise and work to ensure that they do not have to lose their livelihood? How about a light with a
cross walk so we can park on the other side'af the street safely? What about metered parking? •
I would like to know the reasons for this denial and when the next meeting will be. Thank you
•
6/14/2004
Joe Lambert
Didier, David J [djdidier @cbbank.com]
Wm t; Friday, June 11, 2004 9:17 AM
To: 'jlambert@ci.arcadia.ca.us.'
Subject: Celeste's Kitchen
I am taken back by the decision of the City to, essentially, close our
beloved new restaurant Celeste-s Kitchen. Why have you chosen to attack
this fine restaurant? I am a 30 -year resident of south Arcadia and we have
never had a "good" restaurant in any part of our neighborhood until Celestes
came to us one year ago.
The lack of parking is not their fault. Alex Di Peppe had no problem with
the parking before Celeste. Now that they are being threatened by the new.
restaurant, they have chosen to pull some strings with the City and have
them closed down. They have made threats to Celestes that they would "get
them ". Have they succeeded? -:I certainly hope not. we need this restaurant
and we need the good young people who run it to succeed in our community.
Oscar and Nancy have invested their lives in this new venture and their
success appears to have cost them everything.
This is America, a freedom loving country that should be inspired by the
attitude and commitment of this young couple to bring fine food and a warm
and friendly atmosphere to their business and our community.
What can we do to save this business? These are good people who do not
deserve to be persecuted for their success. We need Celestes to succeed and
flourish. We don't need politicking and string pulling. we do not need our
•mmunity to be embroiled in a controversy like this.
I am pleased to put my name on this email so that you can respond to me.
I am: David Didier
218 Longley Way
Arcadia
Phone: 446 -3412
Email: olsrfr ®hotmail.com
djdidier ®cbbank.com
I look forward to your reply. I know that I will not be the only one to
step up and place my name on the side of these fine people. It is certain
that Alex Di Peppe's will suffer from their actions in trying to remove
Celestes.
Dave
Legal Disclaimer: The information transmitted may
contain confidential material and is intended only for the
person or entity to which it is addressed. Any review,
retransmission, dissemination or other use of, or taking
of any action by persons or entities other than the
intended recipient is prohibited. If you are not the
intended recipient, please delete the information from
your system and contact the sender.
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Joe Lambert
From: NAVYDAZE5787 @aol.com •
Sent: ` Friday, June 11, 2004 12:37 PM
To: jlambert@ci,arcadia.ca.us
Subject: good family dining
Sir.
My family and I and many of our friends have dined at Celeste's Kitchen and the Italian restaurant next door and
enjoyed the quiet family atmosphere.
We have never experienced any more inconvience than having to walk to and from our cars.
which never amounted to more that 100 feet.
These types of restaurants are at a premium and everything that can be done should be to keep them.
I believe that cooperation between all the businesses in this area is possible and will only benefit us the residents
and patrons. also, remove unnecessary " Red Zones" this would create more usable spaces, Metered parking
could also generate some City Revenue.
Thank you for considering this issue
A concerned customer
•
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6/14/2004
CA
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Page 1 of 1
Joe Lambert
From: Rowley Call [rowley @u2haverights.comj
Sent: Saturday, June 12, 2004 11:40 AM
To: jlambert@ci.arcadia.ca.us.
Subject: Celeste's Kitchen
Dear Sirs,
We had to write and let you know our feelings concerning the troubles Celeste's Kitchen has been having with the
owners of DePeppe's Restaurant and the parking situation.
It was so nice finely getting a restaurant with good quality food in our city. We find it shameful that DePeppe's
would cause so much trouble.
We have never had any trouble finding a place to park when dining at-Celeste's Kitchen. Even when we met with
a party of 8 in 4 cars we were all in very comfortable walking distance from the, restaurant.
This isn't so much a matter of parking as not accepting another restaurant in the area. It smacks of jealousy and
the city should not allow one business to try to run another well run, good quality business out. We should be
welcoming them to our city.
I understand that Celeste's Kitchen's owner is trying to remedy the lack of parking by working with neighboring
businesses. We just don't understand why the owner of DiPeppe's cannot accept the fact that he and Celeste's
Kitchen will each benefit from the overflow of customers.
The truth is, if you really look at it, they are running two very different types of restaurants and DePeppe's should
•try to get along.
All could be worked out very easily if DePeppe would act a little more maturely and if the city would realize what
an asset Celeste's Kitchen is to this community.
•
Wake up City HallM We now have a treasure in our city, with the opening of Celeste's Kitchen. Don't blow it and
take it away over someone's petty jealousy.
Cordially,
Rowley & Muriel Call
406 W Longden Ave
Arcadia CA 91007
626- 447 -3357
6/14/2004
Page 1 of 1
Joe Lambert
From: Arnoldduffer@aol.com •
Sent: Saturday, June 12, 2004 5:37 PM
To: jlambert@ci.arcadia.ca.us.
Subject: Parking Problem
have been going to the Celeste,s Kitichen for some time and have just been informed that they now have a
parking problem with their neighbor which is an Italian rstr.next door .In all the times I,ve gone to Celeste,s both
for lunch and dinner I have never had a parking problem.lt is a small restaurant with only about 8 -10 tables and I
have never had a parking problem.This other restaurant is making a mountain out of a mole hill.
There always seems to be ample parking and I think you would be doing an injustice to these people to make
them use it for take -out only.They are not causing any problems and I firmly believe this other person just doesn,t
want competition.
If you want I could give you a list of at least 35,people who have been going to Celeste,s and have likewise have
not had any problem parking.Would appreciate your taking this information under advisement and I would be
more than willing to give you there names.
Sincerely;
Arnold Cohn
P.S. a resident of Arcadia for 46 years.This is the most unfair practice I have heard of .
•
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6/14/2004
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Joe Lambert
From: JErvin626 @aol.com
Sent: Sunday, June 13, 2004 11:58 AM
To: Jlambert@ci.arcadia.ca.us.
Subject: Denial of CUP for Celeste's Kitchen
What were you folks in Arcadia thinking? How could you let a business open and then. pull the rug right out from
under them? Oscar and Nancy Sierra are humble people who, after years of struggling, have finally managed to
achieve their dream of owning their own restaurant. They are being treated unfairly. The owner of the pizza parlor
next door has convinced the City of Arcadia of his unfounded case, using specious arguements that should not
have fooled experienced administrators.
For the past year, I have travelled from my home in S. Pasadena, at least once a week, to enjoy the gourmet fare
offered at Celeste's. If the powers that be at Arcadia City Hail are unable to satisfactorily resolve this situation, I
will do everything I can to assist the Sierras in moving their business to South Pasadena. Please advise me of
the appeals hearing. Thank you.
Janet H. Ervin
647 Orange Grove Ave. #306
S. Pasadena, CA 91030
6/14/2004
Page 1 of 1
Joe Lambert
From: ToReggie@aol.com •
Sent: Wednesday, June 16, 2004 12:02 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
City of Arcadia Planning Services.
Attention: Joe Lambert, Associate Planner-
Dear Sir:
As a patron.of both the Pizza place and Celeste's Kitchen, I feel badly that even a thought of closing Celeste's
has become an issue. We eat at both places when we wish, and have had NO problem with parking when going
to either. We have very few good breakfast; places and the food at Celeste's is exceptional. As the other
business in the area are willing to work with Celeste's on the parking, it seems the pizza place could do the same.
Please do what you can to assist in keeping The Sierra's business where it is. The City has been trying to
improve that area of town and Celeste's Kitchen certainly is a step in the right direction.
Jean & Tom Naber
To: Reggie @aol.com
6/16/2004
•
•
Joe Lambert
WtIaibau@mindspring.com
t: Tuesday, June 15, 2004 7:47 PM
To: jlambert®ci.arcadia.ca.us
Subject: Appeal Re: Celeste's Kitchen
I'll try to be brief ... I know your time is valuable
It's been about 5 months since we,discovered Celestes, our little "diamond in the rough"
there on Las Tunas. We have invited and brought friends there for breakfast and dinner
from as far away as Silverlake and Playa Del Rey. We dine there always on a Friday night,
Saturday night, or Sunday morning. We have never experienced 'a problem in parking and all
but once have parked in the auto - repair shop's lot next door, which all customers know is
available to them..
I have never been an "activist ", but I really felt compelled to speak out on this issue.
I think to even the most politically inexperienced person, there could only be one
conclusion as to what is really going on here, and that is that the owners of the
restaurant next door have taken the stand that this is their "watering hole" and no one
else should be allowed to share it. Is this the business climate that Arcadia wants to
project or allow certain merchants to dictate?
I know that the city has building codes and that you must work within those parameters.
But surely, there must be some solution that will allow Celeste's to remain, thus allowing
fair competition in your city.
Respectfully yours.
4bert Bauer
semead, CA
P.S. If I am way off the mark here, please explain why so that I may be a better informed
citizen and voter.
•
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Page 1 of 1
Joe Lambert
From: Karen JACOBSEN [ KJACOBSE @smtpgtwy.ausd.k12.ca.us] •
Sent: Tuesday, June 15, 2004 4:50 PM
To: jlambert@ci.arcedia.ca.us
Subject: Celeste's Kitchen
I am very troubled to learn that my favorite Arcadia restaurant may be closing due to inadequate parking. My family, friends and colleagues love
Celestes- its dear gourmet chef, polite and friendly staff and incredible food. This is a wonderful family - owned restaurant, unique to the area, and
delightful in every way. In the past It was necessary to go to Pasadena or Monrovia for a good dining experience: Since our first time at Celestes, we
have been willing and able to keep our business in Arcadia. It has even become a favorite of my family's out-of-town guests. We have dined at
Celeste's for breakfast, lunch, and dinner and parking has never been an issue. There aren't that many tables in the restaurant to make it a problem.
If the city finds it necessary, couldn't you put a cross walk and metered parking across the street? Certainly there must be a way to work this out and
allow us to keep Celeste's in the neighborhood. Before making a final decision, try Celestes. I find it hard to believe anyone who has eaten there
would not fight to keep It therel -
•
6/15/2004
• June 10, 2004
Dear City of Arcadia,
I am writing in support of Celeste's Kitchen located at 136 W. Las Tunas
Dr. in Arcadia. I work next door to Celeste at C & L Auto Body where I am
the receptionist. I eat at Celeste's at least once a week and think the
restaurant is fabulous! I have referred many people to help Oscar Sierra
with his business. I was planning to have a senior luncheon there in this
summer. I was very disappointed when I heard that you may not allow
continuing dinning in the restaurant. I generally get take out, but
occasionally have time to sit in the dinning room. I was told that the main
concern is with parking. From where I sit I can look out the window and see
the traffic directly in front of Celeste's. I want to state that in my opinion,
there is absolutely no problem with the parking. People park along Las
Tunas and just walk down to the restaurant. Lunch is mainly business people
who get take out. At dinnertime when we close they can also use our
parking lot. I think that your judgment is not fair. I keep hearing about
• Arcadia wanting to improve the city and build business tax revenue. I do not
understand why you make it so difficult for the small business owners to be
successful. This is the only good restaurant in this whole area. We need to
have some choices and if you are not into fast food or pizza you are really
out of luck for about 1/s mile in any direction. I also feel that you are
discriminating against the senior citizens who would greatly benefit from
having such a nice healthy caf6 with in walking distance when the new
senior housing complex opens on our block. Please take time to reconsider
your decision. I would be glad to speak to whoever is making this ruling.
As I have just stated, I look out the window at the parking from 8:45 am to
5:00 pm Monday through Friday and as we are closed Sat. and Sunday
except for a few customers, I think my opinion counts for a whole lot.
Please feel free to call me at 626 445 6630 during the above hours or stop
and see me at C &L.
Please reconsider,
Janie Duncan
•
Page 1 of 1
Joe Lambert
From: Rcwilcoxen @aol.com •
Sent: Monday, June 14, 2004 8:11 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste Kitchen Parking
My wife and I eat at Celestes frequently, and we have not had any problems finding parking. If we want a parking
challenge we go to Pasadena! Celeste Kitchen is a very popular local restaurant. It is our favorite place to eat.
Please do not take punitive action against this vendor.
Thank you,
Rick Wilcoxen
•
6/15/2004
Page 1 of 1
Joe Lambert
• From: Helga Meyer [hmeyerl @juno.com]
Sent: Monday, June 14, 2004 11:27 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
•
•1
To the City of Arcadia Planning Services
My husband and I have dined at Celeste's Kitchen many times and have brought many people to
share in the experience of the exquisite food. None of our guests have ever had any difficulties parking
or infringed on the parking of the Pizza house. The businesses next door to the west of Celeste are more
than willing to share their parking lots when they are closed on Sundays or after business hours. The
Pizza House is not in danger of losing their parking, the restaurants are far enough apart to
have sufficient parking spaces available. The Pizza House's complaints should not hinder the progress
made in the neighborhood by having Celeste's Kitchen. Now that we have been blessed with such an
establishment we surely don't want to see it go. We need a restaurant like Celeste's Kitchen, that
provide wonderful gourmet foods.
Sincerely
Leroy and Helga Meyer
Arcadia, CA 91006
6/15/2004
Joe Lambert
From: Marti Griffin [MARTI @smtpgtwy.ausd.kl2.ca.us] •
Sent: Monday, June 14, 2004 4:50 PM
To: ]lambert@ci.arcadia.ca.us
Subject: Re: Celeste's Kitchen
I was dismayed to hear of the recent action by the City of Arcadia Planning Dept. re: the
conditional use permit for the sit -down restaurant at Celeste's,Kitchen. Finally, Arcadia
has a high quality eating establishment that belies the other cookie cutter eateries, and
the city planning commission denies them the ability to make a living doing something
sorely needed in this community.
I go to this restaurant 2 -3 times a,week (sometimes for sit -down and sometimes for take-
out). I have never had to park a long distance away and even if I had to;'it would not
deter me from frequenting this fine establishment. If this city does decide to damage the
ability of this family to make a' living, Twill, however, resolve myself to NOT frequent
other Arcadia eating establishments and thus deny the city,of the tax money they get from
my business. I will instead eat in neighboring cities like Temple City, San Gabriel, and
Monrovia. That is how strongly I feel about this unfair decision.
Having inconvenient parking is a way of life in other locations like the mall or in old
Town Pasadena - - -why is this all of a sudden an issue for this fine family restaurant? r am
also upset that you would listen to an obviously disgruntled neighbor who is apparently
jealous of the success of this new restaurant.
Please let me know the next step the planning commision will be taking on this matter and
the date of any meeting.to discuss it. Thank you.
r1
L_J
•
Joe Lambert
• From: Jeannine Tillman[ Jtillman @smtpgtwy.ausd.k12.ce.usj
Sent: Monday, June 14, 2004 4:15 PM
To: jlambert@ci.arcedia.ca.us
Subject: Celeste's Kitchen
•
•
Page 1 of 1
To Whom It May Concern, .:
Please do not make Celeste's Kitchen use a "conditional use penult ". There has never been a parking problem when we go there to eat. It Is such a
nice getaway for those of us who work close by. We really enjoy going in and eating there. Please reconsider your decision.
Thank you,
Jeannine Tillman
6/14/2004
Joe Lambert
From: Karen Wilcoxen [ KWILCOXEN @smtpgtwy.ausd.kl2.ca.us] •
Sent: Monday, June 14, 20042:48 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
Dear' Mr.. Lambert,
I am writing this letter'to let you know of my concern that Celeste's Kitchen has been
denied a conditional us e' permit for a sit down restaurant. I have been a customer of
Celeste's for abouC a year. My friends and I have eaten there about once a week at
various times - Sunday breakfast, weekday,lunches, weeknight dinners, Friday and Saturday
night dinners - and none of us have ever had any difficulty finding parking. Even on
Valentine's Day, one of the busiest Saturday nights of the year, we'did not have any
difficulty finding street parking a few feet from the restaurant. This is a wonderful
restaurant, with excellent food and service. It would be a crime to see them go out of
business for such an invalid reason. If street parking is such an issue to the city, why
not convert the red zone to the west into metered parking, rather than put Celeste's out
of business?
Thank you for listening to my concerns.
Sincerely,
Karen Wilcoxen
•
•
0
Dan A. Spencer.
16126 Youngwood Drive
Whittier, California 90603
Mr. Joe Lambert - Associate Planner
240 West Huntington Drive
City of Arcadia, CA 91066
Dear Mr. Lambert,
RECEIVED
JUN i h 2004
We had lunch at Celeste's Kitchen today. What a SHOCK to learn about the supposed "Parking
Crisis ".
My wife and I have eaten there for breakfast, lunch, and dingier, and never have we had a problem
finding a place to park. Last Sunday we met our daughter, son -in -law and two grandchildren at
Celeste's and none of us had a problem parking the three cars in the group. My wife mentioned
that we have to walk mu& farther to eat at some of the places in Pasadena.
• I believe that the people at the Pizza place next door are harassing their neighbors. The Pizza
place serves entirely different food from Celeste's. Actually, I would expect the Pizza business to
pick up because of another restaurant next door.
Oscar, the chef/owner of Celeste's is an excellent chef. The items he offers show imagination,
and there is a European flair to his food.
Probably there will be an investigation from Joel Grover, the investigative reporter for NBC
channel 4 News. He loves to get involved with, and expose great injustices which are being done.
Please do not cause an honest, high quality business to shut their doors, and be robbed of the
opportunity to serve us, the people. who want to continue being served there.
Very sincerely yours,
filz'i- � f G-�
Dan A. Spencer
•
RECEIV -C
AN 17 2004
Developpment"'. ..s
Com=noyDeralap:! ;. uiviamn
June 15, 2004
City of Arcadia
Planning Services
240 W. Huntington Dr.
Arcadia, CA 91006
Joe Lambert, Associate Planner
It has come to my attention that Celestes Restaurant, 136 W. Las Tunas Dr,
may lose it's location due to parking problems. This is very, sad news. We
finally get a restaurant that serves excellent cuisine in South Arcadia, and
then we are in danger of losing it.
I eat there three to four times a month at different times, breakfast, lunch, or
dinner. I have never had a problem of parking near the restaurant. I would •
hate to lose a chef that was previously an outstanding chef at a San Marino
restaurant.
Try their food, if you haven't already.
Thanks for your support
aj L .
Paul Ransom
5440 N. Cochin Ave
Arcadia, CA 91006
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Page 1 of 2
Joe Lambert
• From: betsy caputo [lizziecap @altrionet.com]
Sent: Thursday, June 17, 2004 12:42 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen..Denial of conditional use permit
City of Arcadia Planning Services
240 W Huntington Drive
Arcadia, CA 91006
Attention: Joe Lambert, Associate Planner
Dear Joe Lambert,
It is with great dismay that we have learned about the denial of a conditional use permit for Celeste's
Kitchen, as a result of a complaint from a neighboring Pizza Parlor.
The said Pizza Parlor has existed several years with only street parking available. I believe its main
business is during evening hours and weekends.
Celeste's offers breakfast and lunch as well as dinners so there should be no competition for parking
during the day. Also, the neighboring auto -body shop has given Celeste's permission to use their facilities
during evening /weekend hours.
• How fortunate we are to have in South Arcadia such a superb restaurant as Celestes, with a cuisine found
only in the finest restaurants in West L.A. and perhaps Old Town Pasadena. We are very impressed with
the proprietors, Nancy and Oscar, as well, who know and greet many of us by name. It is such a refreshing
new business among the thrift shops, nail shops, pharmacies, Asian strip -mall businesses, which have
absolutely bombarded us in recent years.
We have lived in our home for 39 years and remember the vibrant Live Oak commercial district
supporting Ralph's, a toy store, a bicycle shop, a fabric store, a bakery, a small pharmacy, a Hallmark store,
a women's dress shop, to name a few.
It's hard to comprehend that the strip -malls such as the old 99cent area on
Baldwin and Duarte, the Asian- oriented shopping area on Golden West and Duarte, the small strip mall
across from the Library, even the 99cent store area on Second and Duarte are legally zoned with the
dearth of parking in each of these areas.
It's time for the Arcadia Planning Commission to take a long and serious look at this new thriving Celeste's
and promote them and welcome them to our community. If the area's parking availability is insufficient,
perhaps you can help them and direct them to a better location.
Very concerned Arcadians,
• Pete and Betsy Caputo
114 W. Birch croft St.
Arcadia, CA]
6/17/2004
Page 1 of 1
Joe Lambert •
From: Rita Padilla [ rita.padilla @baldwinrealty.com]
Sent: Friday, July 02, 2004 6:55 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
Dear Mr. Lambert,
It's too bad that Celeste's Kitchen may have to close due to lack of parking. Especially with the.large parking
areas in the adjacent neighboring lots. If owner, Oscar Sierra were able to arrange parking with his neighbors
could the city allow him better than the Take -out permit he currently holds?
It's nice to enjoy his cuisine on the south side of Arcadia without having to deal with the traffic on Huntington
Drive.
Rita Padilla
u
7/6/2004
Joe Lambert
OT Mary Grecu [marelouise @earthlink.net]
n T Sunday, June 27, 2004 3:20 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste Kitchen Restaurant
I have eaten at this great little restaurant many times with no problem
finding a place to park. Please don't put them out of business.
Why so many red painted curbs from the restaurant on down to the corner
going west?
Mary Grecu," a'satisfied customer
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Joe Lambert
From: Diane Carlile [DIANE @smtpgtwy.ausd.kl2.ca.us]
Sent: Thursday, June 24, 2004 5:01 PM
To: jlambert@ci.arcadia.ca.us
Subject: City of Arcadia Planning
Planning Services for Arcadia City,
This e -mail is written in support of allowing a continued permit for a sit down restaurant for Celeste's Kitchen.
I have thoroughly enjoyed dining at Celeste's Kitchen since it opened. I have never had a parking problem and have parked
on the street either in front of or just beyond the restaurant. This restaurant has delicious food and is the type of restaurant
that is needed in Arcadia.
Please reconsider your decision to limit the restaurant to a take out only facility.
Thank you,
Diane Carlile
6/24/2004
•
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Page 1 of 1
• Joe Lambert
From: JULIA BOLES jjbolesl @verizon.net]
Sent: Wednesday, June 23, 2004 3:46 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
•
•
Dear Mr. Lambert,
I am writing on behalf of Oscar Sierra, owner and chef of Celeste's Kitchen, on Las Tunas in Arcadia. Our family has had
the pleasure of dining at Celeste's many times in the past 18 months for breakfast, lunch and dinner, and we have never, at
any time, had any difficulty in parking in front of or very near the restaurant. Celeste's Kitchen is a unique dining experience
combining a casual, welcoming atmosphere with top -notch cuisine at very affordable prices that we believe is very hard to
find in the San Gabriel Valley. I urge you to try it yourself and you will understand what I mean. This is a special place and
Oscar is a truly talented chef. Oscar is living the American dream, owning and operating his own restaurant, and we are the
beneficiaries. It seems to me that Arcadia should be encouraging such entrepreneurial enterprises, not discouraging them
with overburdsome regulations and questionable evidence by jealous competitors. Please, please do not rob Oscar of his
dream and his living, and us, residents of Arcadia, of this fine eating establishment.
Thank you very much for your attention to this matter.
Sincerely,
Julia Boles
6/23/2004
Page 1 of 1
Joe Lambert •
From: Tina Rhodes [ Trhodes @smtpgtwy.ausd.kl2.ca.usj
Sent: Tuesday, June 22, 2004 8:54 AM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
Being a frequent visitor to Celeste's Kitchen.... I have never encountered an issue with parking' The
Owners of the garage next door on several occasions have advised us to park in his area when,he saw us
parking across the street.
We did not mind parking across the street and walking.
I feel it would be a great injustice to have this Cafe go away because of parking concerns... especially in
this time of slow economic growth.. where small businesses should be supported by the city.. not
discouraged.
My suggestion would be for the city to convert the red zone to the west into metered parking. That
would solve the issue.. be profitable for the city and keep both restaurants and their customers happy.
Thank youth
Loyal patron
Tina Rhodes "
Tina Rhodes M
Credential Technician
Arcadia U5D
(626) 821 -8300 x6721
•
6/22/2004
Page 1 of 1
. Joe Lambert
From: Virginia Crosby [VIRGIN IA@smtpgtwy.ausd.kl 2.ca.us]
Sent: Tuesday, June 22, 2004 9:01 AM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
is
Dear Mr. Lambert,
We finally have a small, cafe type restaurant in Arcadia serving excellent food, comparable to Julienne's in San
Marino. Please do not deny Celeste's Kitchen a conditional use permit due to inadequate parking. Celeste's is a
perfect spot for those of us who work in Arcadia to go for lunch and we have never had any problems finding a
place to park.
Thank you for your consideration.
Virginia Crosby
6/22/2004
Joe Lambert
From: Maria Lopez [ MLOPEZ @smtpgtwy.ausd.kl2.ca.us] •
Sent: Tuesday, June 22, 2004 2:12 PM
To:. jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
Dear Mr. Lambert,
It has come to my attention that there is a possibility that Celeste's Kitchen might close
due to parking limitations in that area. Celeste's Kitchen has been a great addition to
the community. It provides quality food for reasonable prices. I have been there for
breakfast, lunch and dinner and have not encountered parking problems.
It seems to me that we need to look for a better solution'if the'problem does exist.
Denying a conditional permit is not the appropriate answer. By doing so, you are not
only denying the community the opportunity to have a great meal but also denying tax
resources to the community you serve. I personally know people in Temple City, E1 Monte,
Pasadena, Alta Loma and Fontana who come to eat at Celeste's Kitchen. Yes, that small
restaurant brings business to the city of Arcadia.
If you feel that there is insufficient parking for two sit down restaurants, why not look
at the parking zone. Have you considered changing the red zone west of the restaurants?
How about thinking of bringing more revenue to the city - metered parking? - The
restaurant next door is only open for dinner and some of the other business in the area
are closing around that time. ,In addition, Celeste's Kitchen is a very small restaurant
This situation.does not seem to create a major parking problem. If you were to deny
business permits due to parking problems, the mall would be closed because it is very
difficult to find parking during the Holidays.
Please, look.for asolution not a denial.
into the large complex on.the same block -
distance to a delicious'and healthy meal.
Thank you for your time
Maria E. Lopez
Think of the senior citizens who will be moving`
Celeste's Kitchen will be within walking
1
•
Page 1 of 1
Joe Lambert
From: Vlbblair @cs.com
Sent: Monday, June 21, 2004 2:46 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Restaurant
Dear Mr. Lambert:
On Sat., June 12th, I learned about the "parking crisis" at the location of the above - referenced restaurant. My
family and I have been dining at Celeste's at least once a week ever since we discovered them approximately four
months ago.
We have never had a problem finding a parking spot. Usually we can park right in front, or just east of the
driveway of the body shop directly east of the restaurant. As I was wondering why there are claims of inadequate
parking, I took notes in subsequent trips there.
Sat, June 12, about 6:00 P.M.: Celeste's was almost full. We parked about five car lengths east of the above -
referenced driveway. When we left the restaurant, there was even more parking, including the body shop's
parking lot which only had two cars in it. At that point, the restaurant was about half full.
Wed., June 16, about 6:30 P.M.: Celeste's had two tables occupied upon our arrival. We had no trouble parking
directly in front of the restaurant.
Fri., June 18, about 9:00 P.M.: Celeste's was full. We parked approximately seven or eight car lenghts east of
the above - referenced driveway. There were about three parking spots available in the body shop's parking lot. I
was curious as to the restaurant next door. As you know, they have a very small parking lot behind their
restaurant. There was only one car in that lot upon our arrival. I then walked into that restaurant to see how
crowded it was. From the vantage point of the dine -in reception area, it appeared to be a good three - quarters
full. There was still plenty of parking with both restaurants realtively full. Plus, as we dined at Celeste's, we
noticed a constant stream of people coming and going from the other restaurant of people picking up food to go.
I am curious as to how it was determined that there is a parking problem. This, of course, is just my anecdotal
experience, but seems to be consistent with other Celeste's customers' experience. Please let me know what the
rules for parking are.
I am worried that the Sierras, who have worked extremely hard to have a successful business, are being unjustly
dealt with. Please do not frivilously take away the business of a family that is working hard and honestly in an
environment that doesn't seem to be friendly to them. They are trying hard to live the American dream and build
an honest business in order to support their family.
Thank you,
Vickie Blair
2008 Cedar St., Apt. A
Alhambra, CA 91801
(626) 293 -7071
6/22/2004
Page 1 of 1
Joe Lambert
From: Rebecca Galonski [ REBECCA @smtpgtwy.ausd.k12.ca.us]
Sent: Monday, June 21, 2004 1:35 PM
To: JLAMBERT @CI.ARCADIA.CA.US
Subject: Celeste's Kitchen
My family and friends have dined at Celeste's Kitchen for a year; and have never encountered a problem with parking. We park usually in front or
down a few spaces. If there is a concern about sufficient space for parking, the city should consider placing a street light/cross walk so one could
park across the street as well; another solution might be to open the area to the west of restaurant and make It accessible to park.
It would truly be a disservice to close such a fine restaurant. It appears the Issue Is not so much a parking problem, but perhaps more due
to DIPepe's Italian restaurant wishing to secure the clientele for its own accord.
M
•
6/22/2004
Joe Lambert
W. Ana Javier Oavierana @hotmail.comj
Sent: Monday, June 21, 2004 10:19 AM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen Conditional Use Permit
June 21, 2004
City of Arcadia planning services
240 W. Huntington Drive
Arcadia, CA 91066
Attention: Joe Lambert, Associate Planner
Dear Sir:
This is in reference to the denial of application for a Conditional Use
Permit for Celeste's Kitchen. We are writing to appeal to the City Council
to grant them the rights that they truly deserve.
My family and I have been frequenting Celeste's Kitchen for the past few
months now and have found their food preparations to be both healthy and
nourishing, as well as reasonably priced. The service is excellent - far
above and beyond standards. If you disallow them to operate as a sit -down
restaurant, my family and I will not be able to enjoy our lunches and
dinners as we immensely do now. There will be no place to hold family
get- togethers and special occasions where we are treated with the best and
utmost in customer service excellence with reasonably- priced healthy gourmet
and that is essential to each member of our family.
We believe that the restaurant next door has petitioned against Celeste's
Kitchen operating as a sit -down restaurant for lack of parking space for
their own guests. In fact, that pizza place has adequate parking space
located behind their establishment. Celeste's Kitchen guests have.never
parked in front of their restaurant or in their back parking lot.
This is clearly an example of unfair and unethical business practices which
the pizza place is doing to "boot out" the competition. It is in this
light that we appeal, nay implore you on behalf of Celeste's Kitchen, to
grant them the Conditional Use Permit to seat 68 guests with outdoor dining
included and enough parking spaces to accommodate that same number of
guests.
Thank you for your kind understanding and immediate attention to this
matter.
Yours truly,
Ana Javier
Christine Chan
Jane Chan
Julie Chan
MSN Movies - Trailers, showtimes, Dvu,s, and the latest news from Hollywood!
http: / /movies.msn. click- url.com /go /onm00200509ave /direct /O1/
Page 1 of 1
Joe Lambert
From: dorothy E [dorothye777 @yahoo.com]
Sent: Monday, June 21, 2004 9:36 AM
To: jlambert@ci.arcadia.ca.us
Subject: CK Restauant
This is one of the best restaurants in Arcadia. The parking has never been a problem because it is very
close to the place. The fact that their permit is for takeout only should be changed, because take -out
would require more spaces. The Pizza place next door has been there since the early40's and have never
increased in size. We have residents that eat there quite often and never has there been any complients
about the parking. This place is of high quality and is one of the best restaurants in Arcadia. Please do
everything in your power to keep them there. I've lived in Arcadia since 1943, and seen lots of places go
by -by. please don't let this place go. We are the owners and opetators•of Vista del Monte Mobile Park,
in Monrovia..... Thank you Charles and Dorothy Ettensperger.
Do you Yahoo!?
Take Yahoo! Mail with you! Get it on your mobile phone.
Is
r1
U
6/22/2004
Richard Cosbey [rcosbey @altrionet.comj
bent: Sunday, June 20, 2004 11:54 PM
To: jlambert @ci.arcadia.ca.us
Subject: re: Celeste's Kitchen
Dear Mr. Lambert,
My name is Richard L. Cosbey. My resident is 25 W. Naomi Ave.. My wife and
I have lived in Arcadia for more than 56 years.
Finally a first class restaurant has come to Arcadia and the city wants
to close them down because of parking. Shame on Arcadia officials for
sending tax dollars to another city. I know Monrovia, Sierra Madre, or
Old Town Pasadena would welcome Celeste's Kitchen into their thriving
cities. Finally we get a first class restaurant into the city and you
want to boot them out. Oscar Sierra, owner, has fixed up an eye -sore
building.into a quaint, cute restaurant with 5 star food. My wife and I
frequently eat at Celeste's Kitchen and never have had a problem
parking on the street in front of the restaurant. The Italian
Restaurant next door has never opened their six parking spaces in the
rear of their building until recently. The auto body shop next door to
the east of Celeste has generously allowed Celeste customers to park in
their establishment in the evening hours which are the only hours of
business that compete with the Italian restaurant. My wife and I eat at
both establishments. The restaurants are two entirely different types
of food. America was built on small businesses and competition is
healthy. Monrovia allows many different eating establishments into
0eir city and there doesn't seem to be a problem. Yet it is very
fficult to find parking even though they have many public parking
areas. Parking can be solved on Live Oak by removing the red zones by
the wash. The city could even put in parking meters to control the
parking in front of the two restaurants.
Please reconsider and reevaluate the situation. Allow Celeste's Kitchen to
remain in South Arcadia. Remember it is more tax dollars to the city.
Thank you for reevaluating the situation. I can be reached at
(626)445 -6672 in the evening or my cell # (626)233 -4541 during the day.
Sincerely,
Richard L. & Sharen E. Cosbey
r 1
U
Page 1 of 1
e
Joe Lambert
From: DTLT @aol.com
Sent: Sunday, June 20, 2004 6:42 PM
To: ilambert@ci.arcadia.ce.us.
Subject: Celeste Kitchen
I've been going to Celeste's Kitchen.for a year now and I have never had a problem with parking. This is a
delightful restaurant with delicious food. Please find a way to keep this restaurant open. All the neighborhood
loves it. Liz Thompson 626 446 7581 Arcadia. Phone me if you need to.
6/22/2004
•
•
Page l of 1
• Joe Lambert
From: Robert Flaherty jrflaherty @fin- mail.comj
Sent: Saturday, June 19, 2004 9:58 PM
n
L�
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen C.U.D. application
Dear Mr. Lambert:
We strongly urge you to support the application by Celeste's Kitchen for a conditional use
permit for a sit -down restaurant on Las Tunas Drive in Arcadia.
The alleged parking problem appears to be non - existent. My wife and I had dinner at Celeste's
Kitchen tonight (7:00 PM on a Saturday night) and were able to park on Las Tunas less than 50 Yards
from the restaurant's front door. We understand that the parking issue was raised by the Italian
restaurant next door to Celeste's Kitchen. Certainly, this part of Las Tunas is big enough to allow two
postage stamp size restaurants to be located next door to each other.
We hope that you will not overlook the advantages that Celeste's Kitchen might bring to
Arcadia. The quality of the food is simply outstanding. Left to compete freely, this restaurant could be
a credit to Arcadia and to an area of Las Tunas that could use some help. Funky, but really good,
restaurants like this can do a lot for a neighborhood and don't hurt tax revenues.
It seems that the City of Arcadia is quite possibly being drawn into a situation that is nothing
more than a competitive rivalry between two neighboring restaurants. That is surely a place where
angels would fear to tread. We urge you to allow the customers to be the judge of whether either one or
both of the competing restaurants should survive. Parldng is unlikely to determine the outcome.
Thank you for your consideration of these thoughts.
6/22/2004
Robert T. Flaherty
Joe Lambert
From: Amelia's Flowers [ameliasflowers @earthlink.net] •
Sent: Friday, June 18, 2004 11:42 AM
To: jlambert@ci.arcadia.ca.us
Subject: Parking Crisis at Celeste's Kitchen
Dear Mr. Lambert:
I was so excited to recently discover a new restaurant in my neighborhood
that served delicious food in a friendly , quaint atmosphere. After moving
back home from La Jolla a few,years ago, I had been searching for a unique
restaurant that served excellent food. There seemed to be very little to
choose from in the area of Arcadia and-Temple City, and we usually had to
travel to the Pasadena area to dine out. Most of our local eateries are
either chain restaurants, fast food stands, or the ever familiar Asian
restaurants. Discovering Celeste's Kitchen was like finding a treasure.
In getting to know the owners, Oscar and Nancy Sierra, I learned that they
are facing problems with insufficient parking, and are working with the City
of Arcadia to rectify this. Please, Mr. Lambert, try to,figure a way that
adequate parking can be provided for the two restaurants that are neighbors
on Las Tunas. They are both assets to the community and a parking solution
needs to be found. It is`'so sad to see our retail area of Live Oak in
Arcadia becoming predominantly thrift stores and pawn shops and Las Tunas in
Temple City is overrun with Bridal Shops and Photographers and Nail shops. I
ask that you and the Arcadia Planning Department work out a way to provide
public parking for this area. Please support the small businesses that are
in your city so that they can provide services to your citizens.
sincerely,
Amelia Cunningham
0
Page 1 of 1
• Joe Lambert
From: Mkmigliaccio @aol.com
Sent: Thursday, June 17, 2004 11:33 AM
0
To: jlambert@ci.arcadia.ca.us
Subject: (no subject)
Mr. Lambert
My husband and I have dined at Celeste's Kitchen on average of once per week for six months. We have never
had trouble finding parking hear and in fact we live close enough to walk to the restaurant if we chose to do so.
We have had breakfast, lunch and dinner there at different occasions. We especially appreciate having
breakfast at a restaurant that serves unique and delicious food instead of the usual Coca's or Marie Callender
type of food.
Arcadia needs restaurants of the caliber of CK that we have enjoyed in other cities such as Monrovia, Pasadena
and San Diego. Small restaurants that serve clean, tasty foods that aren't the usual cookie cutter foods that are
found at chain restaurants.
My husband and I ate dinner at CK last night and we were the only couple there, yet all the parking spaces at the
curb were taken by the Italian restaurant next door. What gives them the right to all the public parking places? All
business deserve the right to survive.
I know that once the senior complex is completed, the people who live there will appreciate a place to eat that is
wonderful as CK and they would not even have to move their car from their parking space. Wouldn't it be a
shame if a wonderful restaurant didn't survive long enough to serve them.
1 would not object to the red zone to the West be converted in metered parking if that would help CK stay in
business. There are also a lot of land in back of the businesses that look like junk yards. I don't know who that
land belongs to but it would be a good step towards cleaning up Arcadia to clean up that property and putting it to
better use.
Thank you,
Terry and Mary Migliaccio
249 W Woodruff Avenue
Arcadia, CA. 91007
(626) 446 -8079
6/17/2004
In support of this appeal Celeste's Kitchen Inc. offers the following
proposal which will immediately take place:
1. That Celeste's will be open for take -out breakfast and lunch only,
Monday through Friday from 8:00 AM to 3:00 PM.
2. That Celeste's will be ,open for inside, sit down, dining for 40
patrons, from 5:00 PM to 9:30 PM, Monday.through Friday.
3. That there will not be any outside seating at any time.
4. That on Saturday and Sunday, Celeste's . will be open for sit down
breakfast, lunch and dinner from 8:00 AM to 9:30 PM.
5. That sufficient parking will be made available to Celeste's
customers from parking lots of adjoining property and business owners after
their business hours, as follows:
(a) C & L Auto Body, 132 Las Tunas Drive after 5:00 PM
every week day when they are closed and all day Saturday and Sunday, when
they are closed. (See their letter attached hereto.)
(b) Property Owners Patty Fong and Ming Fong and Cenco
Auto Body at 124 W. Las Tunas Drive after 5:00 PM every week day, when
they are closed, and all day Saturday and Sunday when they are closed. (See
their letter attached hereto.)
0
•
40
RECEIVED
3UM 3 0
T0: Arcadia City Council
Dovolopmont Services
Ccanmuniry Davelopmem Droietoo
240 W. Huntington Drive
Arcadia, CA 91066
Re: Appeal of Celeste's Kitchen-
Inc: from the adoption by
the 'City Planning Commission of Resolution No. 1707
Denying the Conditional
Use Permit 2004 -005 which
would allow seating
at existing take -out food
establishment (Celeste's - ".
Kitchen) accommodating " 68
Patrons including incidental
outdoor dining at 136 Las
Tunas Drive.
In support of this appeal Celeste's Kitchen Inc. offers the following
proposal which will immediately take place:
1. That Celeste's will be open for take -out breakfast and lunch only,
Monday through Friday from 8:00 AM to 3:00 PM.
2. That Celeste's will be ,open for inside, sit down, dining for 40
patrons, from 5:00 PM to 9:30 PM, Monday.through Friday.
3. That there will not be any outside seating at any time.
4. That on Saturday and Sunday, Celeste's . will be open for sit down
breakfast, lunch and dinner from 8:00 AM to 9:30 PM.
5. That sufficient parking will be made available to Celeste's
customers from parking lots of adjoining property and business owners after
their business hours, as follows:
(a) C & L Auto Body, 132 Las Tunas Drive after 5:00 PM
every week day when they are closed and all day Saturday and Sunday, when
they are closed. (See their letter attached hereto.)
(b) Property Owners Patty Fong and Ming Fong and Cenco
Auto Body at 124 W. Las Tunas Drive after 5:00 PM every week day, when
they are closed, and all day Saturday and Sunday when they are closed. (See
their letter attached hereto.)
0
•
40
1
• (c) Pet and Jungle Shop, 124 W. Las Tunas Drive, every day of
the week including Saturday and Sunday after 6:00 PM when they are closed.
(See their letter attached hereto.)
Celeste's Kitchen has a growing reputation as the restaurant in the City of
Arcadia that provides a unique cuisine not otherwise available in the City or the
San Gabriel Valley. Celeste's is anxious to be able to continue to provide this
service to the City.
Celeste's Kitchen Inc. respectfully urges that the City Council grant their
Appeal and permit their continued operation as proposed herein.
Dated:June 30, 2004
•
ED
Celeste's Kitchen Inc.
Oscar Sierra
01
Ob /23 ;2004 16:09 5263003706 QUAN COHEN H1kAN0
C & L
AUTO BODY
132 Las Tunas Dr.
Arcadia, CA 91007
Tel. (626) 445 -6630
Fax (626) 447 -2961
E -mail: clautobody @aol.com
June 29, 2004
To Whom It May Concern:
PAGE 0
The management of C & L Auto Body will extend the use of our
parking lot to Celeste's Kitchen during the evening hours after S P.M. every
week day when we are closed and all day on weekends. We have been next
door to Celeste's Kitchen for over a year now and do not find parking to be
a problem as most'of its business oc,;urs when we are closed. We
sincerely hope the City of Arcadia will accept a compromise and allow
Celeste's Kitchen to remain open to serve the community.
E
SANDRA RENTSCHLER
President
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PET AND JUNGLE SHOP
124 W. LAS TUNAS DRIVE
ARCADIA;'CA 91007
(626) 447 -5974 OR (626) 447 -0579
To Whom It May Concern:
This is to inform you that we at the.Pet and Jungle Shop in
cooperation with our Landlord Mr. Ming Pong owner of Cenco Auto Body
have decided to allow patrons of Celeste's Kitchen to use our parking loft
every week day and weekends after 6 P.M. when we are closed.
Thank you for your consideration,
Sincerely,
D.B. DANA, Owner
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Page 1 of 1
Joe Lambert
From: DebRadwan @aol.com
Sent: Sunday, May 30, 2004 7:24 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen
I am sending this to request that Celeste's Kitchen be given the permit needed to designate it as a dine -in facility.
When a wonderful establishment moves into town, we should be doing everything we can to keep these
businesses here and florishing. Let's help these businesses so that Old Town Pasadena isn't the only place to go
for a hip meal. Thank you for your consideration.
0
6/1/2004
Page 1 of 1
•
Joe Lambert
From: Heaven003 @aol.com
Sent: Sunday, May 30, 2004 10:12 AM
To: jlembert@ci.arcadia.ca.us
Subject: celestes's kitchen permit
as a citizen of arcadia i am completely endorsing of'celeste's kitchen' being permitted as a dine in restaurant. the
restaurant is a perfect addition to the east las tunas business district which is very much in need of new and
exciting businesses to breathe life into the area. in just a short time celeste's kitchen has developed a great
following of customers and it is no wonder, given the sensational french food being offered. the owner and his
wife are a simple couple wanting to run a peaceable business in a beautiful community of families and we should
offer them that opportunity. thank you.
6/1/2004
Page 1 of 1
.
Joe Lambert •
From: jack [kweleba06@earthllnk.net]
Sent: Sunday, May 30, 2004 9:15 AM
To: jlambert@ci.arcadia.ca.us
Subject: Conditional Use permit, 136 Las Tunas
Good. Morning Mr. Lambert,
I am writing to let you know that my husband and l are both very much in favor of approving
the Conditional Use Permit to allow seating as stated'at Celestes Kitchen, on las Tunas, in
Arcadia: I have been there several times now and I can atest to the fact that the owner /chef
Oscar Sierra is a delightful man, an accomplised chef and an asset to the area. He and his
wife work very hard to make the dining experience enjoyable, and his gourmet cuisine with a
French flair is definately the kind of meal you enjoy while seated in his restaurant.! It's very ,
nice to have a "high end" menu such as he offers right in our own area. Many folks believe you
need to go out of Arcadia for such a dinner, but hopefully people will soon see that delicious
food is available right here in Arcadia..
If you haven't tried it, I highly recommend it, you will see how Celeste's Kithcen should
definately be considered a dine in restaurant, not a,fast food or take -out establishment. ( I
recommend the fabuous beef tenderloin!)
Thank you so much!
Sincerely,
Kim and Jack Weleba •
2655 mayflower Ave
Arcadia
6/1/2004
June S, 2004
From: Sandbya Ray, Director
Wonder Years Montessori School
141 W. Las Tunas Dr
Arcadia 91007
To: Arcadia Planning Commission
Sub: Traffic Hazard Mitigation Request
Ref: Opening of Restaurant across our premise.
Dear Planning Commission,
Though I welcome business in our community, I think you should look
into traffic safety issue before granting unrestricted license.
Our concern is traffic safety. Recently we have seen increased parking
on our side of the street on either side of the school. Our school has
• about 50 -60 students, along with the staff the number is more. The
parents come and drop off their kids up everyday — they need to come in
and get out of the parking lot safely. When cars are continuously
parked on our sideof the street, the parents and visitors cannot clearly
see the oncoming traffic- that creates a safety risk all the time. With
about 150 daily incidents of driving in and out - the issue of turning
visibility is of paramount importance for the safety of our children,
parents, staff and visitors.
So my request is to ask you to provide red curbing on either side of the
school premises — so that the visibility during driving in and out of the
school is not compromised. Thank you. I shall appreciate if you take
care of our concern.
Sincerely
S dby �RSIy
Director
Wonder Years Montessori School
• 141 W. Las Tunas Dr
Arcadia, Ca 91007
James and Jennifer Cole
8418 E. Santa Ynez St.
San Gabriel, CA 91775 -2525
626- 285 -4753
June 6, 2604
City of Arcadia Planning Services
240 West Huntington Drive
Arcadia, CA 91066
574 -5444
ATTN: Joe Lambert, Associate Planner
i lamber(Q.ci.arcadia.ca.us.
RE: Application # CUP 2004 -005 and public hearing 6/08/2004
ADDRESS: the Restaurant known as Celeste's Kitchen
located at 136 Las Tunas Drive, Arcadia
Dear Mr. Lambert:
We strongly support approval of the above application request..
Everyone knows the restaurant business is the hardest business in the world to go into.
Restaurants come and go, start up and are out of business within a year or less:
Oscar and Nancy Sierra have put their hearts, their souls and their talent into this small restaurant
and they are succeeding. Oscar Sierra started this business by working 7 days a week by working
from 7 in the morning until 9 at night. Not, only is his wife by his side, she is working 2 full time
jobs. She is working a full time.job away from the restaurant to keep this business going.and then
coming from that job to the restaurant and working another full time job.
Oscar Sierra takes pride in his food, takes pride in his restaurant and it shows. You can put his
quality of food up against any upscale restaurant in this city. This is why he is succeeding. And
he deserves every bit of his success. The Italian restaurant next door has stood alone for many
years. Now the owner there seems to feel he can't stand the competition. He is using any
government agency and any form of harassment that he can get away with to try to put the
Sierras out of business, because of his petty jealousy, pure and simple. He has been harassing the
Sierras from day one, and many of the Sierra's customers are aware of it now.
I have never eaten at the Italian restaurant next door, and now I have no desire ever to set foot in
that restaurant. I am a loyal patron of Celeste's Kitchen. The Sierras are sweet people, honest
hard working legal immigrants trying to achieve the American dream. We need a restaurant like
theirs in the City of Arcadia. Jealous obstructionists need to get out of the way. If the neighbors
cannot stand the heat of competition, they should get out of the proverbial kitchen.
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Sincerely,
C�(
James & Jennifer Cole
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DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Joe Lambert, Associate Planner
ECEIVE�B
Date Received for Filing �� n
By Los Angeles County: A V 8 2004
(County Clerk Stamp Here)
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Joe Lambert R
From: SANDRA RENTSCHLER [sandramirian @hotmail.com] •
Sent: Monday, June 07, 2004 5:57 PM
To: jlambert@ci.arcadia.ca.us
Subject: Celeste's Kitchen- Conditional Use permit Application # CUP 04 -005
I am one of the owners of C & L Auto Body as well as the property owner at
the location in question. I would like to ask the city of Arcadia to
approve this permit based on our experience at this location. Celeste's has
been here a little over a year now and we have not had any significant
impact on the parking situation. The parking in front of both our
businesses has been adecuate for both of our needs. Celeste's is closed on
Monday and Tuesdays.. We are open Monday thru Friday from 9:OOA.M to 6:00
P.M. on Saturdays we are only open from Sam -12Pm and closed on Sunday. The
bulk of the restaurant business happens when we are closed.- The nature of
our business does not require the use of all of our parking as reqired by
the city. Most of our business comes in on the Live Oak entrance on,a tow
truck. The owners of the vehicles then come in to our office to sign
authorizations and are picked up by either a relative or a rental car
company. Most of our estimating happens in the rear ( Live Oak side). The
front parking lot is used mostly for vehicle pick -up and the occasional
estimate on smaller damage. We rarely have more than one or two customers
picking up vehicles at a time. We do not allow our employees to park on the
property. Employee and management parking is street parking on the Live Oak
side only. Both the restaurants on the property are small and DiPeppe's is
only open from Tuesday to Saturday for dinner so they are only open at the
time when we are closing or closed. We close at 6:00 P.M when most of their
business starts.
Also I believe that when the senior housing project is completed both
restaurants will gain a lot of walk -in traffic. These restaurants will be a
great asset for our seniors who may not be able to or want to drive but want
to eat somewhere healthy. Please feel free to contact me if you have any
other questions.
Sincerely, -
Sandra Rentschler
MSN Toolbar provides one -click access to Hotmail from any Web page - FREE
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Date: September 7, 2004
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: STEPHEN P. DEITSCH, CITY ATTORNEY
SUBJECT: ORDINANCE NO. 2197 PERTAINING TO THE COMPOSITION
OF THE BUSINESS PERMIT AND LICENSE REVIEW BOARD
AND THE HOME OCCUPATION BOARD
BACKGROUD
From time to time, the City Attorney and City staff review the City's ordinances to
determine whether the composition of various City boards comprised of City staff
is appropriate for the City's current needs and objectives.. In conducting such a
• review, the City Attorney and City staff have determined that it is appropriate to
recommend new membership for two (2) boards comprised of City staff: (1) the
Home Occupation Board and (2) the Business Permit and License Review Board.
The Home Occupation Board hears appeals from the joint decision of the
Development Services and Fire Departments regarding issuance or revocation of
home occupation permits. The Business Permit and License Review Board hears
appeals from the decision of the City's License Officer concerning issuance I or
revocation of business licenses including, without limitation, adult business
licenses.
The Home Occupation Board is currently comprised of (1) the Chief Building
Official or his designated deputy, (2) the Finance Director or his designated deputy
and (3) the City Manager or his designated deputy. It is recommended that the
composition of the Home Occupation Board be changed to (1) the Chief of Police
or his/her designee deputy, (2) the Administrative Services Director or his/her
designee and (3) the Public Works Services Director or his/her designee. It is also
recommended that the Chairperson of the Home Occupation Board be the
Administrative Services Director or his/her designee, and that the Development
• Services Director or his/her designee serve as the Secretary to the Home
1 LASER IMAGED
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Occupation Board, in lieu of the Chief Building Official, as currently set forth in
the Arcadia Municipal Code.
The Business Permit and License Review Board is currently comprised of (1) the
City Manager or his/her designee, (2) the Development Services Director or his/her
designee and (3) the Administrative Services Director or his/her designee. It is
recommended that the composition be changed to (1) the Fire Chief or his/her
designee, (2) the Public Works Services Director or his/her designee, and (3) the
Administrative Services Director or his/her designee. In addition, it is
recommended' that the Chairperson of the Business Permit and License Review
Board be the Administrative Services Director or his/her designee and that the
Development Services Director or his/her designee shall serve as the Secretary to
the Board.
These changes are'.recommended.in order bring the membership of each Board
more in line with the goals and objectives of each Board's responsibilities.
Furthermore, the City Attorney and City staff believe that changing the
composition of each Board will better enable the City Manager to oversee the •
manner in which each Board fulfills its responsibilities, as well as oversee the
City 's activities which may lead to appeals to each of the Boards, without having
to then rule upon appeals as a member of each Board. `
FISCAL IMPACT
The adoption of the proposed Ordinance will have no material fiscal impact upon
the City.
ENVIRONMENTAL IMPACT
This is not a project pursuant to the California Environmental Quality Act and,
thus, no environmental analysis is required.
C�
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RECOMMENDATION
That the City Council introduce Ordinance No. 2197 pertaining to the composition
of the Business Permit and License Review Board and the Home Occupation
Board.
CONCUR:
wJ
William R. Kelly
City Manager
Attachment: Ordinance No. 2197
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