HomeMy WebLinkAboutItem No. 3- CUP 20-05_ 57 Wheeler (Tap Lounge)DATE: April 28, 2020
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Christine Song, Associate Planner
SUBJECT: RESOLUTION NO. 2052 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 20-05 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW
BAR AND LOUNGE AT 57 WHEELER AVENUE, UNIT D
Recommendation: Adopt Resolution No. 2052
SUMMARY
The Applicant and business owner, Joe A. Renteria, is requesting approval of Conditional
Use Permit Application No. CUP 20-05 to operate a new bar and lounge (d.b.a. The Tap
Lounge) within a new 1,747 square foot unit in the mixed-use development at 57 Wheeler
Avenue, Unit D. It is recommended that the Planning Commission adopt Resolution No.
2052 (Attachment No. 1) and find that the project is Categorically Exempt under CEQA
and approve CUP 20-05, subject to the conditions listed in this staff report.
BACKGROUND
The subject property is a 34,107 square foot corner lot developed with a four-story mixed-
use building that consists of three stories of residential units (38 apartment units) above
the ground floor commercial. The property is located on the southwest corner of Wheeler
Avenue and First Avenue, and has access from either Wheeler Avenue or Santa Clara
Street through the 24-Hour Fitness parking structure. As part of the approval of the mixed-
use development, this property and the 24-Hour Fitness site, have a shared reciprocal
agreement for parking and access between both properties. Therefore, the customers
from both businesses can park on either lots. The property is zoned DMU, Downtown
Mixed Use with a General Plan Land Use Designation of Downtown Mixed Use—refer to
Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject
property. The property is surrounded by commercial uses to the south, east, and west,
and the Metro Gold Line Station to the north.
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 2 of 11
N In November of 2019, the mixed-use development was completed and two of the eight
commercial units were leased to a boba tea shop and a fitness center. As of this month,
approximately 60% of the apartments have been leased.
PROPOSAL
The Applicant is requesting approval of a Conditional Use Permit (CUP) to establish and
operate a bar and lounge that will serve only craft beer and wine and a Type 42 (On-Sale
of Beer and Wine – Public Premises) license from the California Department of Alcoholic
Beverage Control (ABC) license. The business will be independently owned and this
would be the Applicant’s first location. The proposed bar and lounge will occupy the third
vacant unit on the ground floor, which is approximately1,747 square feet. The bar and
lounge area will have seating for up to 45 patrons (maximum is 49 people), and the
seating arrangement varies between a top table with tall chairs to more casual seating
area with comfortable chairs and low tables. The bar will have 6 bar stools and an area
for two ADA accessible seats. There will be a few big screen televisions and the back of
the unit will have a walk-in refrigerator where beverages will be stored (see Figure 2). The
unit will have two public restrooms. The proposed bar and lounge will not have a kitchen
facility on-site, but they will offer snacks such as popcorn, pretzels, mixed nuts, a variety
of other sealed food products, cheese and crackers to compliment the craft beer and
wine. Craft beers and wines will be served on the premises, while sealed cans of beer
Figure 1 - Aerial of subject site
Arcadia Gold Line Station
Project Site
24 Hour Fitness
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 3 of 11
and wine bottles will be available for purchase to-go, which is allowed with their license
from the Alcoholic Beverage Control (ABC).
In the beginning, after the Applicant opens up for business, he plans to manage the bar
full time and have two part-time employees, and eventually have a full-time bartender and
three servers during each shift, while he manages the bar. The proposed business hours
will be from 10:00 a.m. to 12:00 midnight, seven days a week.
ANALYSIS
A bar and lounge use in the Downtown Mixed Use (DMU) zone is subject to a Conditional
Use Permit. The Applicant is only requesting to serve beer and wine, and the proposed
use would require a Type 42 (On-Sale of Beer and Wine – Public Premises) license from
the California Department of Alcoholic Beverage Control (ABC) license before opening
for business. The Type 42 license authorizes the sale of beer and wine for consumption
on or off the premises. The purpose of the CUP is to ensure that the new bar and lounge
is an appropriate use with the surrounding uses and within this mixed-use development.
The proposed business location is on the ground floor of a new mixed-use building located
in the Downtown area (see Figure 3). The primary goal of the DMU Zoning is to revitalize
Figure 2 – Floor Plan
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 4 of 11
this core part of the City and encourage more pedestrian presence by having a good mix
of commercial uses that will attract visitors. The vision for the DMU Zone was crafted with
consideration of restaurants and bars, and to achieve a balance between maintaining
quality of life for downtown residents, and the objective of having a vibrant downtown. A
key strategy to achieve that balance is limit the hours of operations to midnight, otherwise
it would be subject to another permit to allow extended hours past midnight. At this time,
the Applicant is not proposing any live music as part of the operation, therefore patrons’
voices would be the main source of noise at this location.
A bar and lounge would be a desirable use in this location as it will add vitality and
increased activity to this area. The business would serve both neighborhood and citywide
patrons. This type of use could also encourage other complementary uses such as
restaurants and entertainment uses to open nearby, which would help to achieve the
goals and objectives in the General Plan for Downtown.
The proposed business hours
for the bar and lounge are from
10:00 a.m. to 12:00 midnight,
seven days a week. Alcohol
sales will be limited to the bar’s
hours of operation and as a
safety measure, the Applicant
will install alarm and
surveillance camera systems.
A condition of approval
addressing noise attenuation
has been included in this staff
report, which would require all
doors and windows to remain
closed during business hours
so that music from inside the
unit shall not be highly audible
outside of the bar and lounge.
This would also help mitigate
noise impacts to the
apartment residences directly
above the subject unit.
However, all apartment residents are required to sign a rental agreement which states
that they understand that they are living in a mixed use development building. This means
that prior to moving in, they acknowledge that there could be potential impacts from the
commercial units below. Nevertheless, staff does not anticipate major noise impacts to
the residences above, as the Applicant does not intend to operate the proposed bar and
lounge with a nightclub atmosphere. The intention is to serve patrons who have an
appreciation for craft beers and wines similar to Vendome Wine & Spirits, which is located
on E. Santa Clara Street.
Figure 3 – Project Site
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 5 of 11
In terms of parking, the properties have 346 shared spaces to serve all uses between the
subject property and the adjacent property (24 Hour Fitness). The proposed use requires
17 parking spaces, which is 1 parking space per 100 square feet of gross floor area (1,747
square feet). The subject property provides 67 parking spaces to be shared among the
eight commercial units in the existing building. Currently, two of the units are leased by a
fitness center and a boba tea shop. The fitness center requires 13 parking spaces and
the tea shop requires 6 parking spaces. This means 36 total spaces would be required
for the three commercial uses, leaving the remaining 31 parking spaces to be utilized by
future businesses that will occupy the five vacant commercial units. Although the
proposed bar and lounge has a higher parking requirement than a retail or office use,
there would still be sufficient parking for the existing uses on the property. Furthermore,
the Applicant is hoping he will attract some of the riders from the Gold Line since the
subject property is one block south of the Gold Line station and they will most likely take
public transportation or other options such as Uber/Lyft as opposed to driving, therefore
his business may reduce the demand for parking.
With regards to public safety issues, the Fire Department, Police Department, and
Building Services have reviewed the CUP application and no objections or concerns were
raised by any of the departments for the proposed request.
FINDINGS
Section 9107.09.050 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. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: Approval of the bar and lounge is compatible with
the General Plan and it will not adversely impact the objectives of the General Plan.
The Downtown Mixed Use designation is intended to provide opportunities for a wide
range of complementary commercial uses, including drinking establishments and
entertainment uses, which serve both neighborhood and citywide markets. The
project, which will offer the sale of alcohol with an ABC Type 42 License (beer and
wine only – Public Premises), will provide the general public with an active commercial
use that will help bring vitality to the Downtown area. The proposed use will not be
materially detrimental to the enjoyment of the property or other persons residing in this
mixed-use development since the development standards will be met, noise will be
minimized, and adequate parking will be provided. Therefore, the proposed project is
consistent with General Plan and the following policies:
Land Use and Community Design Element
x Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 6 of 11
x 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.
2. The proposed use is 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.
Facts to Support This Finding: The zoning of the site is DMU, Downtown Mixed
Use. Arcadia Development Code Section 9102.05.020, Table 2-10, allows bars and
lounges in the DMU zone with an approved Conditional Use Permit. The subject
property provides 67 parking spaces to be shared among eight commercial units. The
project meets the minimum parking requirement of 17 spaces and surplus parking
would still remain if this project is approved. The proposal complies with all other
applicable provisions of the Development Code and the Municipal 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.
Facts to Support This Finding: The proposed bar and lounge will be located within
an existing commercial unit on the ground floor of a mixed use building with shared
parking that serves all the uses on the property. The proposed project would fill a
vacancy in the existing mixed-use building and help activate this portion of the
Downtown area, while providing a conveniently located commercial use to the
residents within the mixed-use building. The proposed bar and lounge will operate
from 10:00 a.m. – 12:00 midnight and as a safety measure, the Applicant will install
alarm and surveillance camera systems. There is no live music proposed on-site, so
the only main source of noise would be the patrons’ voices, which makes the proposed
use similar to a restaurant in that regard. A condition of approval requiring all doors
and windows to remain closed during business hours has been included in the staff
report so that noises from inside the unit will not be highly audible outside of the bar
and lounge. This would also help mitigate noise impacts to the residences directly
above the subject unit. Nevertheless, major noise impacts are not anticipated as the
Applicant does not intend to operate the proposed bar and lounge with a nightclub
atmosphere but more so as a specialty drinking establishment for patrons who
appreciate craft beers and wines.
Additionally, the DMU zone was created with the consideration of uses such as
restaurants and bars. With appropriate conditions of approval, the proposed business
can be operated in a manner that achieves a balance between maintaining quality of
life for downtown residents, and the objective of having a vibrant downtown.
Therefore, the proposal is compatible with the existing and future land uses in the
vicinity.
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 7 of 11
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;
Facts to Support This Finding: The proposed bar and lounge will occupy a
ground floor commercial unit within an existing mixed-use building. The sites
have a total of 67 parking spaces for the commercial uses (24 Hour Fitness
and ground floor commercial of 57 Wheeler Mixed Use Development) and
meets the City’s parking requirements for all uses on-site. Therefore, the site is
adequate in size and shape to accommodate the proposed use.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical)
access.
Facts to Support This Finding: The property is located on the southwest
corner of Wheeler Avenue and First Avenue. Access to the site is provided by
both streets, and they are adequate in width and pavement type to carry the
traffic generated by the proposed use and emergency vehicles. Therefore, the
proposed use will not impact these rights-of-way.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The proposed use has been reviewed by the
Arcadia Fire and Police Departments and no safety concerns were raised. As
a safety measure, the Applicant will be installing surveillance cameras and an
alarm system.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection,
treatment, and disposal, etc.).
Facts to Support This Finding: The subject property is developed with an
existing mixed-use building. There are adequate utilities to service this site and
business, specifically the two new restrooms that will be added to the subject
unit will not impact the existing infrastructure as the site is capable of handling
this type of demand. Therefore, no impacts to the provision of utilities are
anticipated.
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
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 8 of 11
nuisance, or be materially injurious to the improvements, persons, property,
or uses in the vicinity and zone in which the property is located.
Facts to Support This Finding: Employees will be trained to handle any noise
complaints during hours of operation. Additionally, the residents of this mixed-use
development sign a lease which requires them to acknowledge that they are living
in a mixed-use building and understand the potential impacts of the commercial
units below. Furthermore, the proposed use will close at midnight to be sensitive
to the residential uses, which has the same closing time as Mt. Lowe Brewery that
is a few blocks north of this site on St. Joseph Street and Vendome Wine & Spirits
on E. Santa Clara Street. The proposed bar and lounge will also be required to
comply with the California Department of Alcoholic Beverage Control (“ABC”)
regulations. In addition, the Arcadia Police and Fire Departments have reviewed
the application and did not have any concerns. As a security measure, surveillance
cameras and an alarm system will be installed on site. Lastly, conditions of
approval regarding noise attenuation and required periodic inspections to assess
any adverse impacts have been included to mitigate any potential negative impacts
resulting from the business operations. Therefore, the proposed use will not
adversely affect the public convenience, health, interest, safety, or general welfare
of adjacent uses in the vicinity and zone of the subject property.
ENVIRONMENTAL ANALYSIS
It has been determined that the 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 (refer to Attachment No.
4).
PUBLIC NOTICE
Public hearing notices for this item were mailed to the owners of those properties that are
located within 300 feet of the subject property and published in Arcadia Weekly on April 16,
2020. As of April 23, 2020, staff has not received any comments or concerns from the
public.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2052 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve Conditional Use Permit No. CUP 20-05 subject to the following
conditions of approval:
1. The use approved by CUP 20-05 is limited to the sale of beer and wine, Type 42
ABC license, for on-site consumption within an existing 1,747 square foot
commercial unit in a mixed-use building. The business shall be operated and
maintained in a manner that is consistent with the proposal and plans submitted
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 9 of 11
and approved for CUP 20-05, and shall be subject to periodic inspections, after
which the provisions of this Conditional Use Permit may be adjusted by the
Planning & Community Development Administrator, or designee, after due notice
to address any adverse impacts to the neighboring businesses and properties.
2. Alcoholic beverage service shall be limited to beer and wine (ABC Type 42
License) and shall only be served during the approved hours of operation. No
sales, service, and on-site consumption of beer and wine is permitted outside of
interior walls of this unit. Alcoholic beverages shall not be served in disposable
containers.
3. The business hours shall be limited to 10:00 a.m. to 12:00 a.m. midnight, daily.
4. Surveillance cameras shall be provided on-site. The location and number of
cameras shall be subject to review by the Planning and Community Development
Administrator, or designee, prior to issuance of a Certificate of Occupancy from
the Building Division.
5. All doors and windows shall remain closed during business hours. No live
entertainment or live bands shall be permitted with this approval. Any ambiance
music inside the business shall not be audible outside of the bar and lounge.
Customized lighting and sound system conductive of a nightclub atmosphere shall
be prohibited at all times.
6. There shall be no excessive loitering in front of the business.
7. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
8. All City requirements regarding disabl ed access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Planning & Community
Development Administrator, Fire Marshal, and Public Works Services Director.
Any changes to the existing facility may be subject to having fully detailed plans
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 10 of 11
submitted for plan check review and approval by the aforementioned City officials
and employees, and may subject to building permits.
9. Noncompliance with the plans, provisions and conditions of approval for CUP 20-
05 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
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 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 20-05 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 Planning & Community Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
pass a motion to approve Conditional Use Permit No. CUP 20-05, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 2052 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 pass
a motion to deny Conditional Use Permit Application No. CUP 20-05; state 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.
Resolution No. 2052 - CUP 20-05
57 Wheeler Avenue, Unit D
April 28, 2020
Page 11 of 11
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the April 28, 2020, hearing, please contact Associate
Planner Christine Song at (626) 574-5447, or CSong@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2052
Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2052
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information &
Photos of the Subject Property and Vicinity
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
Yes
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
DMU
Number of Units:
DMU
Property Characteristics
2019
68,417
38
57 WHEELER LLC
Site Address:57 WHEELER AVE
Parcel Number: 5773-006-070
N/A
Zoning:
General Plan:
Yes
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
N/A
N/A
N/A
Residential Flex Overlay:
H-4
N/A
N/A
N/A
Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
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 generated 17-Apr-2020
Page 1 of 1
Main Entrance
Northerly Reciprocal Parking Access with 24 Hour Fitness
Attachment No. 3
Attachment No. 3
Architectural Plans
6OJU%
6/*5%
4'6/*5%
4'44444444425'6''34'10''49'5''58'0''45'3''47'1.5''64'0.5''106'10''66'4''66'4''66'4''44'5''30'1''27'2''18'8.5''38'2''27'11''
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 20-05 - Conditional Use Permit with a Categorical
Exemption under the California Quality Act ("CEQA") Section
15301(a) to allow the sale of beer and wine for on-site
consumption at 57 Wheeler Avenue, Unit D
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):
57 Wheeler Avenue, Unit D
(cross streets: Wheeler Avenue and N. First Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Joe A. Renteria, Business Owner
(2) Address 3104 Muscatel Avenue
Rosemead CA 91770
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(a) – Class 1 (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:
April 6, 2020
Staff:
Christine Song, Associate Planner