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HomeMy WebLinkAboutItem 1 - Resolution No. 1960 re CUP 16-01 SpringHill SuitesDATE: March 22, 2016 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: RESOLUTION NO. 1960 – APPROVING CONDITIONAL USE PERMIT NO. CUP 16-01 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE SELLING OF BEER AND WINE AT AN EXISTING 36 SQUARE- FOOT GUEST MARKET IN THE LOBBY OF THE HOTEL (DBA: SPRINGHILL SUITES) AT 99 NORTH SECOND AVENUE Recommendation: Adopt Resolution No. 1960 SUMMARY The applicant is requesting approval of Conditional Use Permit Application No. CUP 16- 01 to allow the sale of beer and wine at an existing 36 square-foot guest market in the lobby of the Springhill Suites Hotel at 99 North Second Avenue. It is recommended that the Planning Commission approve CUP 16-01 and adopt Resolution No. 1960 (Attachment No. 1) that incorporates the requisite findings for a Categorical Exemption and approval of a Conditional Use Permit, and the conditions of approval as listed in this staff report. BACKGROUND The subject hotel is located at 99 North Second Avenue, which is zoned DMU, Downtown Mixed-Use. It has 84 guest rooms, and was constructed concurrently with the adjacent 125-room Hilton Garden Inn Hotel in 1999. There are 251 on-site parking spaces for both hotels – refer to Attachment No. 2 for an Aerial Photo with Zoning Information, and photos of the subject property and surrounding properties. The Hilton Garden Inn hotel has a bar, a restaurant, and a guest market, with a Type 47 full liquor license from the California Department of Alcoholic Beverage Control (ABC). The subject hotel does not have a bar or restaurant, but complimentary breakfasts are provided to its guests. They do not have a license to sell or serve alcoholic beverages. CUP 16-01 99 N. Second Avenue March 22, 2016 Page 2 of 6 PROPOSAL The applicant is requesting approval to sell beer and wine at an existing 36 square-foot guest market in the lobby of the hotel for off-site consumption (i.e., out of the guest market) – see Attachment No. 3 for the site plan and proposed floor plan. The guest market is adjacent to the front desk, where all transactions take place. The market is open to its guests at all times selling sundries, magazines, books, snacks, beverages, and other convenience items. To comply with the State Law that prohibits the sale of alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m., hotel staff will place the alcoholic beverages in a locked refrigerator so that guests will not have access. The hotel will train the front desk employees on the proper procedures for selling alcoholic beverages. As a security measure, the hotel currently locks its doors daily between 9:00 p.m. to 6:00 a.m., limiting access to hotel guests with their room keys; all others are screened by hotel employees before they are granted access during those times. Surveillance cameras are installed throughout the hotel. A Conditional Use Permit (CUP) is required for any business selling alcoholic beverages for off-site consumption in the Downtown Mixed-Use (DMU) Zone per Arcadia Municipal Code Section 9267.10. The City must also make a finding of Public Convenience or Necessity under Sections 23958 and 23958.4 of the California Business and Professions Code. ANALYSIS The sale and service of alcoholic beverages is common in hotels. Staff visited the surrounding hotels and found most of them to provide alcoholic beverages. The two nearest hotels, Hilton Garden Inn and Embassy Suites, each have a bar and a restaurant selling and serving alcoholic beverages including liquor. The CUP application has been reviewed by the Arcadia Police Department, and they have no objections to the sale of beer and wine at this hotel. The applicant is also subject to licensing by the California Department of Alcoholic Beverage Control (ABC), and the health codes administered by the Los Angeles County Health Department. ABC has verified that most of the surrounding hotels have a current ABC license to sell and serve alcoholic beverages. Allowing the sale of beer and wine will add to the ability of this hotel to compete with the surrounding hotels, and will not result in an adverse impact to the neighboring businesses or properties. The following Conditions of Approval are recommended: 1. The sale of alcoholic beverages shall be limited to beer and wine. 2. The use approved by CUP 16-01 is limited to the addition of beer and wine sales at the guest market in the lobby of the hotel and shall be operated and maintained in a CUP 16-01 99 N. Second Avenue March 22, 2016 Page 3 of 6 manner that is consistent with the proposal and plans submitted and approved for CUP 16-01, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 16-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the hotel not being allowed to sell beer or wine. 4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 5. Approval of CUP 16-01 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. Facts to Support the Finding: As a commercial use, the proposed sale of beer and wine in an existing hotel is consistent with the Zoning and Land Use Designation of the site. The proposed use is required to be in compliance with applicable Health Department regulations, and with the Department of Alcoholic Beverage Control, and will not adversely impact public health or welfare, and will CUP 16-01 99 N. Second Avenue March 22, 2016 Page 4 of 6 not be injurious to the property or improvements of the site or those within the vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Facts to Support the Finding: In the DMU Zone, a Conditional Use Permit is authorized for any use selling alcoholic beverages per Section 9267.10 of the Arcadia Municipal Code. The Arcadia Police Department reviewed the application and did not have any concerns with the sale of beer and wine at this location. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Facts to Support the Finding: The existing hotel will accommodate the proposed use. The sale of beer and wine for off-site consumption will not result in any impacts or require any adjustments to the site. The site is adequate in size and shape to accommodate the sale of beer and wine for off-site consumption at the hotel, and no adjustments of the use or site are necessary. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Facts to Support the Finding: The site is located along North Second Avenue, which is a secondary travel corridor that is adequate in width and pavement type to carry the traffic generated by the existing hotel, and the proposed sale of beer and wine in an existing guest market will not have significant traffic impacts. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Facts to Support the Finding: A hotel with the sale of beer and wine for off-site consumption is a commercial use consistent with the Downtown Mixed-Use General Plan Land Use Designation of the site. The activities that will take place at the hotel are consistent with the allowable uses described in the General Plan. Sections 23958 and 23958.4 of the Business and Professions Code requires that the local governing body determine that public convenience or necessity would be served by the issuance of a license to sell alcoholic beverages at the premises where undue concentrations exists. Facts to Support the Finding: Allowing the sale of beer and wine for off-site consumption will serve a “public convenience and necessity” and is in accordance CUP 16-01 99 N. Second Avenue March 22, 2016 Page 5 of 6 with the City’s policies to ensure the vitality of established businesses and preserve the City’s economic base. It will improve the ability of this hotel to compete with other nearby hotels and will not result in an adverse impact to the neighboring businesses or properties or create a public nuisance. Based on the foregoing, it is recommended that the Planning Commission approve Conditional Use Permit No. CUP 16-01, subject to the aforementioned Conditions of Approval. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility. See Attachment No. 4 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for CUP 16-01 were mailed on March 11, 2016, to the property owners, tenants, and occupants of those properties that are within 300 feet of the hotel site. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. As of March 17, 2016, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 16-01 to allow the sale of beer and wine at an existing 36 square-foot guest market in the lobby of the hotel (dba: Springhill Suites) at 99 North Second Avenue, subject to the Conditions of Approval listed in this staff report. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 16-01 stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1960 that incorporates the requisite environmental and Conditional Use Permit findings and CUP 16-01 99 N. Second Avenue March 22, 2016 Page 6 of 6 the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 16-01, stating the finding(s) that the proposal does not satisfy, with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the March 22, 2016 hearing, please contact Associate Planner, Thomas Li at (626) 574-5447, or TLi@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1960 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 1960 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Properties 79,318 Google Earth Image Attachment No. 3 Attachment No. 3 Site Plan and Floor Plan Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 16-01 to allow the sale of beer and wine at an existing 36 square-foot guest market in a hotel lobby. 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 99 N. Second Avenue, Arcadia CA 91007 (cross street: Huntington Drive) 3. Entity or person undertaking project: A. Alcoholic Beverage Consulting, Representing SpringHill Suites. B. Other (Private) (1) Name Steve Rawlings (2) Address 26023 Jefferson Avenue, Suite D, Murrieta, CA 92562 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15301 (Use of an Existing Facility) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: February 4, 2016 Staff: Thomas Li, Associate Planner