HomeMy WebLinkAbout20529
RESOLUTION NO. 2052
Conditions of Approval
1. The use approved by CUP 20-05 is limited to the sale of beer and wine 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 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. If
the Applicant requests to extend the hour s of operation to 1:00 a.m., the Applicant
may apply for a Minor Use Permit. Any request beyond 1:00 a.m., shall be subject
to an Amendment to this Conditional Use Permit.
4. Surveillance cameras shall be provided on -site. The location and number of
cameras shall be subject to review by the Planning & Community Development
Administrator, or designee, prior to commencement of the proposed use.
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
10
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 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
submitted for plan check review and approv al 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 no tify 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.
----