HomeMy WebLinkAboutDecision LetterCity of
Arcadia
Development
Services
Department
Jason Kruckeberg
Assistant City Manager/
Development Services
Director
April 16, 2018
Tucker Franz
Genesis Consulting, Inc.
3530 Wilshire Blvd, Ste1170
Los Angeles, CA 90010
SUBJECT: Minor Use Permit No. MUP 17-07
PROJECT ADDRESS: 400 S. Baldwin Avenue, Unit 2225 (dba: Luxy
Karaoke Lounge)
Dear Mr. Franz:
The public comment period for Minor Use Permit No. MUP 17-07 ended
on April 3, 2018. Staff received one comment from a neighbor who raised
concerns regarding the number of private karaoke rooms and the serving
of alcoholic beverages. After careful consideration, the Development
Services Department has conditionally approved the Minor Use Permit
to operate a full service restaurant with alcoholic beverage service,
extended hours of operation, and 13 private karaoke rooms in the
Westfield Santa Anita Mall located at 400 S. Baldwin Avenue, Unit 2225.
The project is subject to the conditions of approval listed below.
The approved 4,702 square foot restaurant and karaoke business will
include a bar, full kitchen, a main dining area, and 13 private
dining/karaoke rooms. The approved operating hours are from 11:30 AM
to 12:00 AM, Sunday through Wednesday, and from 11:30 AM to 1:00
AM, Thursday through Saturday. The new restaurant and karaoke
business will be located on the Promenade by the Food Alley.
Pursuant to Development Code Section 9107.09.050, a Minor Use Permit
may be approved if all of the following findings can be made:
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan.
2. That, subject to the granting of a Minor Use Permit, the use
proposed is allowed within the applicable zone and complies with
all other applicable provisions of the Development Code and
Municipal Code.
3. That the design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future
land uses in the vicinity.
4. That the site is physically suitable in terms of its design, location,
240 west Huntington Dive shape, size, and operating characteristics of the proposed use in
Post Office Box 60021
Arcadia. CA 91066-6021 order to accommodate the use, and all fences, landscaping,
(626) 574-5415 loading, parking spaces, walls, yards, and other features required
(626) 447-3309 Fax to adjust the use with the land and uses in the neighborhood;
www.ArcadiaCA.gov
MUP No. 17-07
400S. Baldwin Avenue, Unit 2225
streets and highways are adequate in width and pavement type to accommodate
public and emergency vehicle (e.g., fire and medical) access; public protection,
and provisions of utilities.
5. That the type, density, and intensity of use proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, persons, property, or
uses in the vicinity and zone in which the property is located.
Based on the information available, the approved project, as conditioned, satisfies all
the required findings necessary to grant a Minor Use Permit (refer to Attachment 1).
The proposed project qualifies as a Class 1 Categorical Exemption for the use of
existing facilities from the requirements of the California Environmental Quality Act
(CEQA) under Section 15301 of the CEQA Guidelines.
Conditions of Approval
1. The use is limited to a restaurant and karaoke business with a full bar, full kitchen
service, a main dining area, and 13 private dining/karaoke rooms. The use shall be
operated and maintained in a manner that is consistent with the plans submitted
and approved in the application, and shall be subject to periodic inspections, after
which, the provisions of this MUP may be adjusted after due notice to address any
adverse impacts.
2. Hours of operation shall be limited to 11:30 AM to 12:00 AM, Sunday through
Wednesday and 11:30 AM to 1:00 AM, Thursday through Saturday.
3. Alcoholic beverage service shall end one hour prior to closing every day.
4. The windows and glass doors into each private dining/karaoke room shall remain
unobscured to allow easy viewing from the hallway into the private rooms.
5. Surveillance cameras shall be provided in each private dining/karaoke room,
hallway, and main dining area. The location and number of cameras shall be
subject to review by the Planning & Community Development Administrator, or
designee, prior to issuance of a Certificate of Occupancy.
6. A licensed uniformed security guard shall be on site every day from 7:00 p.m. to
closing.
7. No music from the business operations shall be audible outside of the unit.
8. The applicant shall not allow excessive loitering in front of the business. Loitering
beyond 30 minutes shall be considered excessive.
9. On the plans submitted for plan check in Building Services, panic hardware shall be
provided on all exist doors to the satisfaction of the Building Official, or designee.
MUP No. 17-07
400 S. Baldwin Avenue, Unit 2225
10. On the plans submitted for plan check in Building Services, an accessible seating
area shall be provided at the bar area to the satisfaction of the Building Official, or
designee.
11. On the plans submitted for plan check in Building Services, the location of the
secondary exit shall be revised to comply with the 2016 California Building Code
Section No. 1016.2.5 (Egress through Intervening Spaces), to the satisfaction of the
Building Official, or designee.
12. Prior to submitting plans to Building for plan check, an Architectural Design Review
application for the fapade improvement and a Sign Architectural Design Review
application for the new signage shall be submitted to the Planning Division for
review and approval. The plans submitted to the City must be approved and
stamped by Westfield.
13. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with by the
property owner/applicant to the satisfaction of the Building Official, City Engineer,
Planning & Community Development Administrator, Fire Marshal, and Public Works
Services Director, or their respective designees. The changes to the existing facility
are subject to building permits after having fully detailed plans submitted for plan
check review and approval by the aforementioned City officials.
14. Noncompliance with the plans, provisions and conditions of approval for MUP 17-07
shall be grounds for immediate suspension or revocation of any approvals.
15. 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.
There is a ten (10) day appeal period for this application. To file an appeal, a completed
Appeal Application form must be submitted to the Community Development Division
along with a $600.00 appeal fee by 5:30 p.m. on Thursday, April 26, 2018.
Approval of Minor Use Permit No. MUP 17-07 shall not be of effect unless the property
owner and applicant have executed and filed the enclosed Acceptance Form to indicate
awareness and acceptance of these conditions of approval. The Acceptance Form is
MUP No. 17-07
400 S. Baldwin Avenue, Unit 2225
due now and if it is not received by (May 16, 2018), this approval will become null and
void.
This approval shall expire in one year (April 27, 2019) from the effective date unless a
certificate of occupancy has been issued, or the approval is renewed.
An extension may be granted by the Development Services Director or designee, or the
Review Authority that approved the project for a maximum period of one (1) year from
the initial expiration date. An extension can only be granted if the required findings can
be made. Please note that acceptance of an extension request does not indicate
approval of an extension.
A building permit and inspection may be required for construction activity. Please
contact Building Services at (626) 574-5416 to determine the type of documentation and
permits needed.
You may visit the City's website at www.ArcadiaCA.gov/noticesanddecisions to view
this letter. If you have any questions regarding this approval, please contact me at (626)
821-4334 or by email at JChamberlin@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Jordan Chamberlin Lisa L. lores
Associate Planner Planning &Community Development Administrator
Attachment: Minor Use Permit —Findings for Approval
Acceptance Form
c: Luxy Entertainment, LLC, Tenant
Santa Anita Shoppingtown, LLC, Property Owner Attn: Kim Brewer
Lisa L. Flores, Planning & Community Development Administrator
Patricia McSweeny, Neighbor