HomeMy WebLinkAboutItem 7 - CUP 16-03 - 103 E Santa ClaraDATE: May 10, 2016
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Economic Development Analyst
SUBJECT: RESOLUTION NO. 1963 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 16-03 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A
5,300 SQUARE FOOT BOUTIQUE WINE AND SPIRITS STORE WITH A
TASTING ROOM AND OCCASIONAL LIVE ENTERTAINMENT IN AN
EXISTING 15,413 SQUARE FOOT COMMERCIAL-INDUSTRIAL
DEVELOPMENT AT 103 E. SANTA CLARA STREET
Recommendation: Approve and Adopt Resolution No. 1963
SUMMARY
The applicant is requesting approval of a Conditional Use Permit to open a 5,300
square-foot boutique wine and spirits store with a tasting room and occasional live
entertainment in an existing 15,413 square-foot commercial-industrial development at
103 E. Santa Clara Street – see the attached aerial photo and photos of the site
(Attachment No. 2), and the proposed plans (Attachment No. 3). It is recommended
that the Planning Commission approve CUP 16-03 and adopt Resolution No. 1963
(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 property is zoned DMU, Downtown Mixed-Use, and developed with three
commercial-industrial buildings that have been interconnected as one development that
totals 15,413 square feet. There are five ground floor units, and two second-story office
units. The ground floor tenants consist of a 3,200 square-foot dance studio (CUP 09-
15), a 1,495 square-foot tea house/cafe (under construction), two units totaling 3,218
square feet of unoccupied warehouse space, and the subject 5,300 square-foot unit.
The second-story offices total 2,200 square-feet. There is a 20-space surface parking
lot. Refer to Attachment No. 2 for an Aerial Photo with Zoning Information, and photos
of the subject property and surrounding properties.
CUP 16-03
103 E. Santa Clara Street
May 10, 2016
Page 2 of 8
In November of 2013, the Planning Commission approved an 8,948 square-foot
boutique wine and spirits store with a tasting room and live entertainment for the center
unit at this development at 204 N. Santa Clara Street (CUP 13-13). However, due to
financing issues, the applicant did not follow through. This CUP has since become null
and void.
PROPOSAL
The proposal is for a Conditional Use Permit to open a 5,300 square-foot, boutique wine
and spirits store with a tasting room and occasional live entertainment within an existing
15,413 square-foot commercial-industrial development at 103 E. Santa Clara Street.
The subject unit is currently vacant, and was previously occupied by an antiques shop.
The applicant, Mr. Charles Tran, is the owner and proprietor of Vendome Wine &
Spirits, a fine wines and spirits store in Studio City, California, that has been in
operation for over 30 years. The store is part of a family-owned and operated business
with several other stores in the Greater Los Angeles region. The business specializes in
rare and high end wines, beers and ales, spirits, and cigars. Mr. Tran’s store hosts
regular tasting events, sometimes with acoustic musical entertainment. See Attachment
No. 4 for supplemental information on Vendome Wine & Spirits, or at
www.facebook.com/VendomeStudioCity. Mr. Tran has applied for this CUP to relocate
his store from Studio City to Arcadia.
The proposed floor plan (Attachment No. 3) shows the interior layout of the commercial
space. The front portion will be used for a tasting area with the remainder of the space
(approximately 4,300 square-feet) for retail displays and storage of inventory. Proposed
operating hours are 9:00 a.m. to 12 midnight, seven days a week.
As part of his CUP, Mr. Tran is requesting to be allowed to host occasional live acoustic
music events at the store, similar to what is provided at his current Studio City location.
Entertainment events are consistent with the General Plan vision to revitalize the
Downtown area that, “…allows retail and service commercial, office, entertainment, and
residential uses at development intensities and densities … that are higher than
previously permitted.” (Arcadia 2010 General Plan – p.2-40). The only restriction
recommended for live music events is that they shall be indoors, and they are required
to be in compliance with the City’s noise regulations. A Conditional Use Permit (CUP) is
required for any business selling alcoholic beverages 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
A high-end wine and spirits store in the proposed location is a highly desirable use for
the Downtown area that will add significant vitality and activity to this area. From an
Economic Development perspective, this is the type of use that can act as a catalyst to
the surrounding area and help to achieve the General Plan vision for the Downtown as
a vibrant, mixed-use area.
CUP 16-03
103 E. Santa Clara Street
May 10, 2016
Page 3 of 8
As part of the project and at the recommendation of City Staff, Mr. Tran proposes to
connect the two parking areas and bring the parking lot into compliance with ADA
requirements, including the providing of one, van-accessible handicap parking space.
These improvements will greatly improve vehicular circulation into and out of the site,
which is of special importance given that the Gold Line light rail passes diagonally at-
grade immediately adjacent to the site through the intersection of First Avenue and
Santa Clara Street. The current situation of having two separate parking areas, each
with only one point of ingress and egress requires drivers to back out onto Santa Clara
Street when the parking areas are full, which is a significant safety concern. The
addition of one van-accessible handicap parking space and elimination of two parking
spaces to create an internal vehicular connection between the two parking lots will
result in a total of 17 on-site parking spaces. Based on the current mix of uses and the
proposed boutique wine and spirits store (retail use), the parking requirement for the
site is 48 spaces, a deficiency of 31 spaces per Code.
Use Size Parking Requirement
Dance Studio 3,200 sf 12.6 spaces
Offices 2,200 sf 6.6 spaces
Industrial Warehouse Space 3,218 sf 4.8 spaces
Metro Teahouse 1,495 sf 5.2 spaces
Vendome Wine & Spirits 5,300 sf 18.5 spaces
For the Downtown Mixed Use area, the City’s General Plan states that parking should
be looked at differently than for other areas of the City:
The goal for Downtown is to have visitors park once and be able to walk to any
destination in the district, such as people do at a shopping mall. One method for
achieving this is shared parking, whereby a business’s parking requirement
could be fulfilled offsite at a common lot shared with the other businesses in the
neighborhood. In addition to ensuring that customers do not have to drive and
re-park to patronize more than one establishment, shared parking also makes it
possible for businesses to use commercial space that they would not be able to
if they had to provide parking onsite. This helps to remove a major obstacle to
commercial vitality while continuing to ensure that sufficient parking is available
to serve the district as a whole.
The nearby City-owned surface parking lots, on-street parking, and the Gold Line
parking structure provide sufficient parking for the existing businesses in the
neighborhood, as well as for the Gold Line transit riders. These parking facilities and
transit services will adequately serve the proposed boutique wine and spirits store.
To facilitate the long-term vision for the Downtown area, City Staff is currently working
on a Downtown Parking Plan, which will create a formal process for businesses to
utilize the existing public parking in the area in lieu of having to provide all of their
required parking on-site, which is impractical based on the historic development pattern
of this area. Therefore, for this proposed new retail and entertainment use in the
CUP 16-03
103 E. Santa Clara Street
May 10, 2016
Page 4 of 8
Downtown area, it is recommended that the existing parking requirements be waived.
This is consistent with the Planning Commission action taken in November of 2013 for
CUP 13-13, in which the parking requirement was waived for a larger 8,948 square-foot
wine and spirits store at the same site.
The CUP application has been reviewed by the various City Departments, including the
Arcadia Police Department, and there are no objections to the proposed use provided
the applicant complies with the conditions of approval listed below. 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. The following conditions of approval are recommended:
1. The business hours shall be limited to 9:00 a.m. to 12:00 midnight, seven days a
week.
2. The parking lot shall be redesigned to provide a vehicular connection between the
two parking areas, subject to the review and approval by the Community
Development Administrator or designee.
3. Live entertainment events shall be restricted to indoor areas and shall comply with
the City’s noise regulations.
4. The use approved by CUP 16-03 is limited to a boutique wine and spirits store with
a tasting room and occasional live entertainment, and shall be operated and
maintained in a manner that is consistent with the proposal and plans submitted
and approved for CUP 16-03, and shall be subject to periodic inspections, after
which the provisions of this Conditional Use Permit may be adjusted after due
notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or
the neighboring businesses and properties.
5. Prior to issuance of a Certificate of Occupancy, the Applicant/Property Owner shall
comply with all Public Works Services Department’s water service, sewer, and
NPDES requirements, subject to the review and approval of the Public Works
Services Director, or designee.
6. Prior to issuance of a Certificate of Occupancy, the Applicant/Property Owner shall
comply with all Fire Department-Fire Prevention Bureau requirements, subject to
the satisfaction of the City Fire Marshal or designee, including but not limited to the
following:
a. A minimum of two exits shall be provided. Exits shall be separated by a
distance equal to one-third of the diagonal distance of the area served. All exit
doors shall swing in the direction of travel. All exits shall be equipped with lever-
or panic-type hardware. The main entry may be provided with keyed hardware
provided that a sign stating, “THIS DOOR TO REMAIN UNLOCKED WHILE
THE BUILDING IS OCCUPIED” is provided.
CUP 16-03
103 E. Santa Clara Street
May 10, 2016
Page 5 of 8
b. All existing fire sprinklers shall be changed out to quick-response type.
c. Illuminated exit signage shall be provided above all exit doors.
d. Emergency lighting shall be provided along all paths of egress.
e. The rear exit path shall not be allowed to pass through any storage areas.
7. Prior to issuance of a Certificate of Occupancy, the Applicant/Property Owner shall
comply with all Building Services requirements, subject to the satisfaction of the
City Building Official, or designee, including but not limited to the following:
a. There shall be fully ADA accessible men’s and women’s restrooms within the
subject commercial unit with a minimum of three fixtures each.
b. The new ADA van-accessible handicap parking space and path(s) of travel shall
comply with current California Building Code standards.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 16-03
shall be grounds for immediate suspension or revocation of any approvals.
9. 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.
10. Approval of CUP 16-03 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:
CUP 16-03
103 E. Santa Clara Street
May 10, 2016
Page 6 of 8
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such zone or
vicinity.
Facts to Support the Finding: The project will not be detrimental in any way to
the public health or the surrounding area. A boutique wine and spirits store with a
tasting room and occasional live entertainment is consistent with the Zoning and
General Plan Land Use Designations of the site and will not conflict with the other
existing uses at the site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
Facts to Support the Finding: In the DMU, Downtown Mixed Use Zone, a
boutique wine and spirits store with a tasting room and occasional live
entertainment is allowed as a retail use with alcoholic beverage sales for on-site
and off-site consumption with an approved Conditional Use Permit per Section
9267.10 of the Arcadia Municipal Code.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and
other features required to adjust said use with the land and uses in the
neighborhood.
Facts to Support the Finding: The boutique wine and spirits store with a tasting
room and occasional live entertainment will occupy a portion of an existing
commercial-industrial building. The parking lot is required to be altered to connect
the two parking areas and be fully ADA compliant. The property features parking,
landscaping, and other improvements typical of commercial and industrial
developments, and will be able to accommodate the proposed use.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use.
Facts to Support the Finding: The site is located at the northeast corner of Santa
Clara Street and First Avenue. These streets are adequate to serve the proposed
use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Facts to Support the Finding: A boutique wine and spirits store with a tasting
room and occasional live entertainment is a commercial use that is consistent with
the General Plan Land Use Designation of the site.
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 in
CUP 16-03
103 E. Santa Clara Street
May 10, 2016
Page 7 of 8
order for ABC to issue licenses to sell and serve alcoholic beverages at a premises in
an area where an undue concentration of licenses exists.
Facts to Support the Finding: Allowing the sale of beer and wine for on-site and
off-site consumption will serve a “public convenience and necessity” and is in
accordance with the City’s policies to ensure the vitality of established businesses
and preserve and enhance the City’s economic base. It will allow the proposed
business to open in an active commercial area of the City adjacent to a mass transit
light rail station and will not result in an adverse impact to the neighboring
businesses or properties or create a public nuisance.
It is recommended that the Planning Commission approve Conditional Use Permit No.
CUP 16-03, 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 3 Categorical Exemption per the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA
Guidelines for conversion of an existing facility. See Attachment No. 5 for the Preliminary
Exemption Assessment.
PUBLIC NOTICE
Public hearing notices for CUP 16-03 were mailed on April
28, 2016, to the property owners, tenants, and occupants of
those properties that are within 300 feet of the subject 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 May 5, 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 16-03 to allow a 5,300 square-foot boutique wine and spirits store with a tasting
room and occasional live entertainment in an existing 15,413 square-foot commercial-
industrial development at 103 E. Santa Clara Street, 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 16-03 stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 1963
CUP 16-03
103 E. Santa Clara Street
May 10, 2016
Page 8 of 8
that incorporates the requisite environmental and Conditional Use Permit findings and
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 16-03, 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 May 10, 2016 hearing, please contact Economic
Development Analyst, Tim Schwehr at (626) 574-5409, or TSchwehr@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1963
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: Supplemental Information about Vendome Wine & Spirits
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Attachment No.1
Resolution No. 1963
Attachment No. 2
Attachment No.2
Aerial Photo with Zoning Information &
Photos of Subject Property and Vicinity
Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
DMU
Number of Units:
DMU
Zoning:
Property Characteristics
1960
15,413
7
MILLS,RONALD S AND JUDY A TRS MILLS FAMILY TRUST
Site Address:
103 E. SANTA CLARA ST
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated03-May-2016
Page 1 of 1
SUBJECT PROPERTY – SANTA CLARA VIEW
SUBJECT PROPERTY – FIRST AVENUE VIEW
SUBJECT PROPERTY – REAR ALLEY
SUBJECT COMMERCIAL UNIT – EXISTING STOREFRONTAGE
SOUTH OF SUBJECT PROPERTY
NORTH OF SUBJECT PROPERTY
EAST OF SUBJECT PROPERTY
WEST OF SUBJECT PROPERTY
SOUTHWEST OF SUBJECT PROPERTY
Attachment No. 3
Attachment No.3
Site Plan & Floor Plan
Attachment No. 4
Attachment No.4
Supplemental Info for
Vendome Wine & Spirits
Vendome Wine & Spirits
11555 Ventura Blvd, Studio City. CA. 91604.
Vendome Wine & Spirits is a 5000 sq/ft. wine and spirits emporium. We
have been at this location for fifteen years and in business in the general
area for approximately thirty years.
Our main line of business is trading fine wine and rare small batch spirits.
We offer a very extensive selection of whiskey, vodka, gin, Cognac and
rare spirits from around the world.
Our wine selection is comprised of rare, collectable bottles and producers
from every major region with a focus on small batch, hand crafted wines.
Additionally we offer an extensive selection of craft beer and a large walk-in
cigar humidor. Overall, one of the most extensive selections in the greater
Los Angeles area.
We offer wine tastings on select week nights and Saturday afternoon,
profiling a particular region or category for customers to learn about and
enjoy. We field questions and facilitate conversation regarding wine and
regions presented.
We serve Studio City, Universal City, Sherman Oaks and North Hollywood.
A large part of our business comes from residents in the immediate area
with movie and music studios contributing a smaller yet significant share of
sales.
Our success in this community comes from years of exceptional, personal
service. We pride ourselves in a highly skilled staff, each member
contributing expertise in a particular category.
Attachment No. 5
Attachment No.5
Preliminary Exemption Assessment
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
Preliminary Exemption Assessment\2011 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 16-03 to allow a 5,300
square-foot boutique wine and spirits store with a tasting room and
occasional live entertainment.
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):
103 E. Santa Clara Street, Arcadia, CA 91006
(cross streets: First Avenue & Second Avenue)
3. Entity or person undertaking project:
A.
B. Other (Private)
(1) Name Charles Tran
(2) Address 2547 Brennen Way
Fullerton, CA 92835
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with
the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has
concluded that this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Section 15303
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt on
the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: April 7, 2016 Staff: Tim Schwehr, Economic Development Analyst