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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. 1 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. E 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 3 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 a 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. 5 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. A 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: ()J A 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 9 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 E 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. 10