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HomeMy WebLinkAboutDecision Letter City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ArcadiaCA.gov April 29, 2020 Joe A. Renteria 3104 Muscatel Avenue Rosemead CA 91770 SUBJECT: Conditional Use Permit No. CUP 20-05 PROJECT ADDRESS: 57 Wheeler Avenue, Unit D (dba: The Tap Lounge) Dear Mr. Renteria: At its April 28, 2020, meeting, the Planning Commission with two commissioners absent, approved Conditional Use Permit No. CUP 20-05, subject to the conditions listed in Resolution No. 2052, enclosed. 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 Development Services Department along with a $600.00 appeal fee by 5:30 p.m. on Monday, May 11, 2020. You will be notified if an appeal is filed. This approval shall expire in one year (May 12, 2021) from the effective date unless plans are submitted to Building Services for plan -check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved design concept plans and any conditions of approval. Any inconsistency from the approved design concept plans may preclude the issuance of a building permit. 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 must be obtained prior to any construction activity. Please contact Building Services at (626) 574 -5416 to determine the type of documentation, plans, and fees for the appropriate permit. This approval letter must be presented to Building Services to initiate the permitting process. Approval of Conditional Use Permit No. CUP 20-05 shall not go into 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 due now and if it is not received by May 28, 2020, or if the project is appealed, this approval will become null and void. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this notice. If you have any questions, please contact me at (626) 574- 5447, or by email at CSong@arcadiaca.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Christine Song Associate Planner Attachments: Resolution No. 2052 Acceptance Form c: 57 Wheeler LLC, Property Owner 9 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. ---- CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 4/29/20 APPLICATION NO.: CUP 20-05 SUBJECT PROPERTY: 57 Wheeler Avenue, Unit D I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with s aid provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and if it is not received by (May 28, 2020), this approval will become null and void and all fees will be forfeited.