HomeMy WebLinkAbout2036RESOLUTION NO. 2036
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 19-04 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO ALLOW A
NEW ARCADE WITH EXTENDED HOURS OF OPERATION, A
RESTAURANT/BAR, AND KARAOKE AT 1020 S. BALDWIN AVENUE
WHEREAS, on April 25, 2019, an application for Conditional Use Permit No
CUP 19-04 was filed by McClellan, Badiyi and Associates, on behalf of the property
owner, Ankaa Live Plaza, LLC. ("Applicant') to allow a new arcade (dba: EXP Arcade)
with extended hours of operation that will have 54 arcades (machine/devices and
internet computer games), a restaurant/bar, and eight (8) private karaoke rooms (the
"Project'); and
WHEREAS, on August 5, 2019, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
("CEQA") and recommends that the Planning Commission determine that the Project
qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a)
of the CEQA Guidelines as the use of an existing facility; and
WHEREAS, on August 27, 2019, a duly noticed public hearing was held before
the Planning Commission on said application, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The factual data submitted by the Community Development
Division in the staff report dated August 27, 2019 are true and correct.
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SECTION 2. This Commission finds that based upon the entire record, pursuant
to Section 9107.09.050 of the Arcadia Development Code, all of the following findings
can be made.
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
FACT: The proposed Project is consistent with the proposed uses and are
typically found in the Commercial Land Use Designation of the site. The Commercial
designation is intended to permit a wide range of commercial uses, which serve both
neighborhood and citywide markets. The proposed Project is similar to the previous use,
a bowling alley that offered a variety of commercial recreation/entertainment use within
the same space. The proposed Project will also help reactivate the site and bring some
nightlife to the Baldwin corridor. The proposed Project will comply with following General
Plan Land Use and Community Design Element goals and policies:
• Policy LU -6.7: Encourage a balanced distribution of commercial development
throughout the City, ensuring that neighborhoods and districts have adequate
access to local -serving commercial uses.
• Policy LU -6.8: Encourage the intensification of commercial uses on underutilized
commercial properties and the transitioning of non-commercial uses on commercial
properties in accordance with the Land Use Policy Map and all applicable
regulations.
• Goal LU -14 Maintain the economic success of Baldwin Avenue while enchasing
the design.
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2. The proposed uses are allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and complies with all other applicable provisions of
the Development Code and the Municipal Code.
FACT: The zoning of the site is C -G, Commercial -General and allows for this use
through a Conditional Use Permit, as long as the use is an appropriate use for this site
and the surrounding uses. The proposed Project is an appropriate use for this site
because it is compatible with the surrounding commercial businesses. The proposed
Project will include security measures, and the business will be required to abide by
several conditions of approval that will help ensure that the new business will not
negatively impact the neighboring commercial and residential properties. There is
sufficient parking available for the existing uses and the proposed Project. The proposed
Project was reviewed by various City departments, and it will comply with all the
applicable requirements of the Building and Fire Code, the Municipal Code, and the
Development Code.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
FACT: The proposed Project will occupy an existing commercial building that was
previously occupied by a bowling alley that offered recreational/entertainment uses for
59 years. The operation will be similar, and the facility can accommodate the proposed
Project. No exterior changes to the building are proposed. It has been determined that
the existing three parking lots that serves nearby businesses and the proposed Project
can accommodate the demand for parking, including the proposed Project. The
proposed Project will be compatible with the surrounding commercial uses along this
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commercial corridor. The proposed Project will include security measures and will
comply with conditions of approval that will help ensure that the new business will not
impact the surrounding businesses and/or residential neighbors to the east. Therefore,
the site is suitable for the proposed Project and the use will be compatible with future
land uses in the vicinity.
4. The site is physically suitable in terms of:
A. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences, landscaping, loading,
parking, spaces, walls, yards, and other features required to adjust the use with the land
and uses in the neighborhood;
FACT: The proposed Project will occupy an existing commercial building.
The subject property is improved with surface parking, landscaping, and other features
typical of commercial developments. Although the proposed Project would not meet the
minimum parking requirement per Code, it has been determined that the existing parking
lots with 124 parking spaces can accommodate the demand that would be generated
from the proposed business and the adjacent uses, since the business hours vary, and
they only overlap for a few hours during the day. The site was able to accommodate the
previous use that had a very similar demand. Therefore, the site will be suitable for the
proposed Project.
B. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access;
FACT: The subject property is a developed site located on Baldwin
Avenue, and has access at the rear of the lot from either Arcadia Avenue or Fairview
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Avenue. These streets are adequate in width and pavement type to carry the traffic
generated by the proposed Project, the adjoining commercial properties, and any
emergency services that may need to access the site. Therefore, the proposed Project
will not impact any of the rights-of-way.
C. Public protection services (e.g., fire protection, police protection, etc.);
and;
FACT: Any improvements to the building will have to comply with all the
current Building and Fire Code requirements. The Applicant has included security
measures that have been reviewed and approved by the Arcadia Police Department that
will ensure the security of the site and protection of the patrons of the business and the
surrounding properties such as, providing two (2) security guards during all hours of
operation and surveillance cameras throughout the building. The business owner is also
requiring that after 8:00 p.m. all individuals that are under the age of 18 must be
accompanied by an adult and all adults of drinking age (21 years and over) must wear a
wristband to be easily identified.
D. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection, treatment, and disposal,
etc.).
FACT: The subject property is developed with an existing commercial
building. All interior renovations will not result in an increase to the demand of the
existing infrastructure, nor will the proposed Project require upgrades to the existing
utility facilities. Therefore, there will be no impacts upon the provisions of utilities or the
City's infrastructure by the proposed Project.
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5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being 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.
FACT: Numerous measures have been incorporated into the business plan. In
addition, conditions of approval help minimize and mitigate any potential impacts to the
surrounding properties. This includes prohibiting excessive loitering, providing two (2)
security guards during all hours of operation, and requiring that after 8:00 p.m. all
individuals under the age of 18 must be accompanied by an adult and all adults of
drinking age must wear a wrist band to be easily identified. Karaoke is proposed as an
accessory use and will only be offered within private karaoke rooms. Each private
karaoke room will have a security camera and windows will be installed in the walls and
doors of each room to allow for observation from the outside. The proposed Project will
be required to be in compliance with the California Department of Alcoholic Beverage
Control ("ABC") regulations. In addition, the City has the ability to adjust the provisions of
the Conditional Use Permit to address any adverse impacts that may arise. Therefore,
the site is suitable for the type of use and the proposed Project will not adversely affect
the general public welfare.
6. This Project is Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the
use of an existing facility.
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SECTION 3. For the foregoing reasons the Planning Commission approves
Conditional Use Permit No. CUP 19-04 to allow the proposed Project at 1020 S.
Baldwin Avenue, subject to the conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 27th day of August 2019.
Brad Thompson
Chairman, Planning Commission
ATTEST:
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Lisa L. o
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
RESOLUTION NO. 2036
Conditions of Approval
1. CUP 19-04 is limited to an arcade with 44 arcade machines/devices, a
computer game room with ten (10) computers for internet gaming, a
restaurant/bar, and eight (8) private karaoke rooms with extended hours of
operation. The proposed business shall be operated and maintained in a
manner that is consistent with the proposal and plans submitted and
approved under CUP 19-04, and it 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 nearby streets, rights-
of-way, the neighboring businesses, and/or adjacent properties. An increase
in the number of machines/devices shall be subject to review and approval by
the Planning & Community Development Administrator, or designee. An
increase beyond 60 machines/devices and internet gaming shall be subject to
review and approval by the Planning Commission.
2. The business hours are limited to 2:30 p.m. to 12:00 a.m., Sundays through
Thursdays and from 2:30 p.m. to 2:00 a.m. for hours of operation
commencing on Fridays and Saturdays.
3. Prior to the issuance of a Certificate of Occupancy by Building Services, the
Applicant shall comply with the following requirements:
a. A clear glass door or window shall be installed to each private karaoke
room.
b. Surveillance cameras shall be provided throughout the business, including
the entrances, each private karaoke room, computer room, hallways, and
main area. A plan with the location of the cameras shall be subject to
review and approval by the Police Chief, or designee.
c. A metal detection device shall be placed at front and rear entrance of the
business.
d. The Applicant/Property Owner shall resurface the parking lots and restripe
the parking spaces at 1020 and 1010 S. Baldwin Avenue, and 652
Fairview Avenue. The property owner at 1020 S. Baldwin Avenue and 652
Fairview Avenue shall obtain written consent from the property owner at
1010 S. Baldwin Avenue, authorizing permission to resurface and restripe
the parking lot. If the owner cannot obtain consent from the adjacent
owner at 1010 S. Baldwin Avenue, then the property owner shall be
required to resurface the lot and restripe the parking spaces only at 1020
S. Baldwin Avenue and 652 Fairview Avenue. This work must be
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completed prior to obtaining a Certificate of Occupancy from the Building
Division.
e. The existing fire sprinkler system shall be extended to cover the entirety of
the first floor.
f. The fire alarm system shall provide full notification on both floors.
g. Activation of the fire alarm system shall shut down all arcade devices
and/or music equipment.
h. All exit doors that currently divide the first floor into two areas shall be
either removed or permanently disabled.
i. A Knox box shall be provided adjacent to the entry door on S. Baldwin
Avenue.
4. After 8:00 p.m. every day, all individuals under the age of 18 must be
accompanied by an adult.
5. During all hours of operation, adults of drinking age (21 years and over) must
wear a wristband in order to be easily identified.
6. The Applicant/Property Owner shall not allow loitering in the parking lot areas.
7. All the employees shall be required to park on the northerly side of the
parking lot off of 652 Fairview Avenue.
8. 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 may be subject to
building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
9. Noncompliance with the plans, provisions and conditions of approval for CUP
19-04 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the arcade.
10. The Applicant/Property Owner 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
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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.
11. Approval of CUP 19-04 shall not take effect until the Applicant and Property
Owner have executed and filed with the City on or before 30 calendar days
after the Planning Commission has adopted of the Resolution, an Acceptance
Form to the Development Services Department to indicate awareness and
acceptance of the conditions of approval.
12. At least two (2) security guards shall be present during all hours of operation.
The security plan shall be submitted to Planning Services for the review and
approval by the Police Chief, or designee and prior to issuance of a
Certificate of Occupancy by the Building Services Division.
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