HomeMy WebLinkAboutPlanning Commission Agenda Item No. 4 CUP 20-07 16 N. 1st Ave (N16 Cellars)DATE: July 14, 2020
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Luis Torrico, Senior Planner
SUBJECT: RESOLUTION NO. 2061 – APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. CUP 11-11 WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) TO ADD WHISKY TO THE EXISTING WINE TASTING
ROOM, AND EXPAND THE HOURS OF OPERATION AT 16 N. 1ST
AVENUE
Recommendation: Adopt Resolution No. 2061
SUMMARY
The Applicant and business owner, Lenore Jiao, is requesting approval to amend
Conditional Use Permit No. CUP 11-11 to add whisky to the existing wine tasting room
(dba: N16 Cellars) and expand the hours of operation from 1:00 p.m. to 11:00 a.m., to
11:00 a.m. to 11:00 p.m., daily at 16 N. 1st Avenue. It is recommended that the Planning
Commission adopt Resolution No. 2061 (Attachment No. 1) and find that the project is
Categorically Exempt under CEQA and approve the Amendment to Conditional Use
Permit No. CUP 11-11, subject to the conditions listed in this staff report.
BACKGROUND
The subject property is approximately 7,322 square feet in lot area and is developed with
an existing 4,900 square foot two-story commercial building comprised of two commercial
units on the ground floor totaling 3,900 square feet, and a 1,000 square foot residential
unit on the second floor (see Figure 1). The wine tasting room occupies one of the two
units on the ground floor. The property is zoned Central Business District (CBD) 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. The uses to the
north, across the alley, are also commercial use, but the properties are zoned Downtown
Mixed Use (DMU).
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 2 of 9
In 2011, the Planning Commission approved Conditional Use Permit No. CUP 11-11 for
a wine tasting room with retail sales (refer to Attachment No. 4 - the September 13, 2011
Planning Commission Staff Report). The use was approved with a parking modification ,
but no changes will occur to the parking since the use will remain the same.
For nearly a decade, the former owner never opened his busin ess to the public, even
though the business license was active this entire time . Then in late 2019, the business
wa s sold to Ms. Jiao, who took over in January 2020 and has since opened the tasting
room to the public. Staff did visit the site on a regular basis prior to COVID-19, to ensure
that the business was in full operation. Although the owner cannot open her business
during this time, she would like to expand the tasting room to serve whisky along with
wine.
PROPOSAL
The Applicant is requesting approval to add whisky to the existing wine tasting room to
offer a couple of options to her patrons and increase sales . The current business operates
with a Type 42 license from the California Department of Alcoholic Beverage Control
(ABC), which limits the business to wine tastings and specialty retail sales of wine . The
existing ABC license will be replaced with a Type 48 license to allow the sale of both,
wine and whisky. The new ABC license will continue to allow the sale of wine bottles for
off-site consumption. The Applicant would also like to open the business two hours earlier
at 11:00 a.m. rather than 1:00 p.m. until 11:00 p.m. The existing CUP currently limits the
hours of operation from 1:00 p.m. to 11:00 p.m., daily.
Figure 1 - Aerial of subject site
Huntington Dr. N. 1st Ave. Alley
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 3 of 9
Figure 2 – Photos of the Interior
As previously conditioned, the bu siness will not sell any other types of distilled alcohol ,
nor will it provide live music or entertainment. No changes to the existing site plan or floor
plan (refer to Attachment No. 3) are proposed. For interior photos of the business refer to
Figure 2 below. The business has a total of three (3) employees, one (1) full time and two
(2) part time employees.
ANALYSIS
A wine and whisky tasting room use is an allowed use in the Central Business District
(CBD) subject to a Conditional Use Permit . In this case, since the Applicant is adding
whisky to the existing tasting roo m it is considered an Amendment to the original CUP.
The Type 48 ABC license authorizes the sale of beer, wine and distilled spirits for on -site
consumption, and the sale of beer and wine for off-site consumption, however, this CUP
will limit it to wine and whisky. A condition of approval to this effect has been proposed.
Since the business was taken over by the current owner, the business has been open to
the public. In an effort to bring in additional clientele and provide additional services, the
current owner is proposing to add whisky to their tastings and extend their business hours.
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 4 of 9
The amendment will not significantly change the business operation and it will still be
compatible with the other businesses in the area such as Vendome Wine & Spirits, and
The Tap Lounge located at 57 Wheeler Avenue, which was recently approved by the
Planning Commission. The proposed hours of operation are from 11:00 a.m. to 11:00
p.m., daily, which will be compatible with the other restaurants, bars, and microbrewery
in the Downtown area that typically close at midnight. The existing business has an
existing alarm and surveillance camera system that provides an added safety measure.
While the current COVID-19 restrictions do not allow the tasting room to be open, the
Applicant is hoping to have this approved before the L.A. County health order is lifted .
With regards to public safety issues, t he Fire Department, Police Department, and
Building Services have reviewed the Amendment to the CUP 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 an Amendment to CUP 11-11 is
compatible with the General Plan and it will not adversely impact the objectives of the
General Plan since the existing use will remain the same, and adding whisky to the
tasting room and changing their hours of operation to open earlier will not change the
overall use. It was determined back in 2011, when the tasting room was approved,
that the use was consistent with the General Plan , and it continues to be consistent
since the business will help bring vitality and nightlife to the downtown area . Therefore,
the Amendment to the CUP is consistent with General Plan and the following policy:
Land Use and Community Design Element
Policy LU-6.7: Encourage a balanced distribution of commercial
development throughout the City, ensuring that neighborhoods and district s
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 Municip al Code.
Facts to Support This Finding: The zoning of the site is Central Business District
(CBD). Arcadia Development Code Section 9102.05.020, Table 2-10, allows tasting
rooms in the CBD zone subject to the approval of a Conditional Use Permit. The
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 5 of 9
amend ment to the current CUP to add whisky and expand the operating hours will
continue to be the same use that was previously approved. The existing use was
determined to have sufficient parking on -site as the patrons can either park in the rear
parking lot or in one of the two public parking lots. Therefore, the proposed use
complies with the applicable provisions of the Development Code and 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 existing wine tasting room is located within an
existing commercial unit on the ground floor of a commercial building. The proposed
amendment would allow the current business owner to expand their existing tasting
room by including whisky to their tasting s, which will provide additional opportunities
to their business and within the Downtown area. The amendment would also expand
the hours of operation from 1:00 p.m. to 11:00 p.m., to 11:00 a.m. to 11:00 p.m., which
will be similar to other bars, pubs, and restaurants hours of operation in the Downtown
area. The existing business has an existing alarm and surveillance camera system
which will continue to provide an added safety measure. Therefore, the proposed
changes will not alter the characteristics of the business and it will still be compatible
with the surrounding uses.
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 existing tasting room occupies an existing
1,700 square foot ground floor commercial unit within an existing commercial
building. Adequate parking, as determined by a parking study and parking
modification, is provided for all uses on the subject site , including the tasting
room. The amendment to the CUP to include whisky as part of their tastings
and expanding their hours of operation will not intensify the parking demand;
therefore, Staff does not have any concerns with parking.
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 along N. 1st Avenue,
just north of E. Huntington Drive. Access to the site is provided from N. 1st
Avenue and the alley north of the site. Both N. 1 st Avenue and E. Huntington
Drive are adequate in width and pavement type to carry the traffic generated
by the proposed expansion and emergency vehicles. Therefore, the proposed
amendment to CUP 11-11 will not impact these rights-of-way.
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 6 of 9
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The existing tasting room is located within an
existing commercial building. Conditions of approval ha ve been included to
ensure the expansion to the tasting room will be operated in a safe manner,
and not impact public protection service. The request has been reviewed by
the Fire Department and Police Department, and neither department raised
concerns. Therefore, no impacts to public protection services are anticipated.
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 commercial building, which is adequately serviced by existing utilities.
The amendment to the CUP 11-11 does not include new construction that will
impact provision of utilities, nor will the tas ting room be operated in a manner
that will impact the provision of utilities. 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
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: The proposed amendment to CUP 11-11 to
expand an existing wine tasting room by including whisky and expanding the hours
of operation will not be detrimental to the public health or welfare, or the
surrounding properties. The size and nature of the operations of the use will not
negatively affect the existing uses in the commercial building, or the surrounding
businesses and properties. A condition of approval has been placed on the Project
to not allow the sale of beer for on-site and off-site consumption, which is
compatible with the previously approved CUP. In addition, the tasting room will be
required to comply with the California Department of Alcoholic Beverage Control
(“ABC”) regulations. Therefore, no impacts a re anticipated from the proposed
amendment to CUP 11-11.
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.
5).
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 7 of 9
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 July 2,
2020. As of July 10, 2020, staff has not received any comments or concerns from the public.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2061 and find
that this project is Categoricall y Exempt under the California Environmental Quality Act
(CEQA), and approve an amendment to Conditional Use Permit No. CUP 11-11 subject
to the following conditions of approval:
1. The original conditions that was approved under CUP 11-11 shall remain in effect,
with the exceptions of the conditions below that amends the original approval.
2. Alcoholic beverage service shall be limit ed to wine and whisky and shall only be
served during the approved hours of operation. No sales, service, and on -site
consumption of wine and whisky are 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 11:00 a.m. to 11:00 p.m., daily. Any
modifications to the hours of operations shall be reviewed and approved by the
Planning & Community Development Administrator.
4. The existing alarm and surveillance camera system shall remain operational as
part of the business. Any changes to the system shall be subject to review and
approval by the Planning and Community Development Administrator, or
designee.
5. There shall be no excessive loitering in front of the business.
6. 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
7. 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
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 8 of 9
satisfaction of the Building Official, City Engineer, Pla nning & 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 approval by the aforementioned City offici als
and employees, and may be subject to building permits.
8. Noncompliance with the plans, provisions and co nditions of approval for the
amendment of CUP 11-11 shall be grounds for immediate suspension or
revocation of any approvals, which could result in the closing of the business.
9. 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 offici als, 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.
10. Approval of the amendment of CUP 11-11 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 the amendment of Conditional Use Permit No. CUP 11-11,
stating that the proposal satisfies the requisite findings, and adopt the attached Resolution
No. 2061 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 thi s proposal, the Commission should pass
a motion to deny the amendment to Conditional Use Permit No. CUP 11-11; state the
Resolution No. 2061
16 N. 1st Avenue
July 14, 2020
Page 9 of 9
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.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the July 14, 2020, hearing, please contact Senior Planner
Luis Torrico at (626) 574-5442, or ltorrico@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2061
Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property
Attachment No. 3: Site Plan/Floor Plan
Attachment No. 4: September 13, 2011 Planning Commission Staff Report &
Attachments
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2061
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information &
Photos of the Subject Property
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.):
CBD
Number of Units:
C 1.0
Property Characteristics
1949
5,445
0
CHENOWETH,WILLIAM M
Site Address:16 N 1ST AVE
Parcel Number:5773-010-004
N/A
Zoning:
General Plan:
Yes
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
Yes
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
N/A
Special Height Overlay:
Yes
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 06-Jul-2020
Page 1 of 1
16 N. 1st Avenue
Attachment No. 3
Attachment No. 3
Site Plan / Floor Plan
Attachment No. 4
Attachment No. 4
September 13, 2011 Planning Commission
Staff Report & Attachments
MEMORANDUM
Development Services DepartmentDATE: September 13, 2011
TO: Planning Commission
FROM: Jim Kasama, Community Development Administrator
off° Lisa L. Flores, Senior Planner
SUBJECT: Additional Information — Conditional Use Permit No. CUP 11 -11 with a
parking modification to allow a wine bar and specialty retail sales at 16 N. First Avenue.
BACKGROUND
At the regular meeting on August 23, 2011, the Planning Commission considered theproposedprojectatapublichearing. After discussion, the Planning Commission voted2 -2 to deny the Conditional Use Permit. In the absence of a majority vote, theCommissionvotedtocontinuethisitemtotheSeptember13meetingwhenalltheCommissionersareexpectedtobepresent. An excerpt of the Planning Commissiondraftminutesisattached.
Subsequent to the August 23, 2011 meeting, the applicant's designer, Mr. Jeng, submitted the attached email on behalf of the applicant in response to letter ofoppositionreceivedonAugust23, 2011 by Ms. Janelle Williams.
DISCUSSION
In response to concerns raised by the Commission and Ms. Williams regarding thetypesofalcoholicbeveragelicensenecessaryforawinebar, wine tasting, and retailwinesales, according to the California Department of Alcoholic Beverage Control twotypesoflicensescouldbeissued:
Type 42 — On -Sale Beer and Wine for Public Premises; andType20 — Off -Sale Beer and Wine
The difference between the two types of license is Type 42 allows the applicant to serve
alcohol and conduct retail sales, but anyone under the age of 21 years old cannot enterontothepremises. Type 20, which is issued to retail stores, liquor stores, or grocerystores, and can be issued in conjunction with a type 42 license, allows minors to enterthepremiseswithanadultwhileshoppingtomakeapurchase. Since the City envisionsDowntownArcadiaasadestinationforvisitorstoshopandtheDowntownMixedUselandusedesignationallowsforretailandcommercialservice, the applicant could applyforbothlicenses. However, his rights to exercise his full privilege with the licenses shallberestrictedtoonlywinethroughtheconditionsofapprovalimposedthroughthis
Conditional Use Permit. Finally, the ABC does not allow the applicant to apply for a
Type 42 and /or Type 20 license and another license to be a distributor, manufacturer,
producer, or vendor from the same premises. The current status of his ABC license is
pending" upon the City's decision on this application.
Since the approved floor plan is an integral part of the decision approving this
Conditional Use Permit, staff recommends that the following condition be added to the
list of conditions in the August 23, 2011 staff report to ensure the proposed use does
not expand and intensify overtime without further review by the Planning Commission.
New condition
The approved floor plan is an integral part of the decision approving this
Conditional Use Permit. There shall be no change in the design of the
floor plan without the approval of the Development Services Director or
designee. Any change in the approved plan which has the effect of
expanding or intensifying the present use shall require an amendment to
the Conditional Use Permit.
Below are the existing conditions of approval from the August 23, 2011 Planning
Commission staff report.
1. The hours of operation shall be limited to 1:00 p.m. to 11:00 p.m., daily.
2. No live music or entertainment is approved under this Conditional Use Permit, and
any live music or entertainment shall require a separate Conditional Use Permit.
3. The sale of beer and other alcoholic beverages other than wine is prohibited.
4. The parking spaces inside the 4 -car garage shall be made available to any of the
tenants for parking. The garage is not to be used for storage, or for any use other
than tenant and /or customer parking.
5. In the event of security or policing problems, this Conditional Use Permit shall be
subject to review by the Arcadia Police Chief, and a professional, uniformed
security guard may be required.
6. For safety, Tight fixtures shall be added to the exteriors of the northerly and easterly
building walls to illuminate the alley and rear parking lot area to the satisfaction of
the Arcadia Police Chief and shall be installed prior to the opening of the wine bar.
7. Signs shall be placed on the premises directing people to the City's public parking
lots. The number and locations of the signs shall be subject to approval by the
Development Services Director or designee prior to the issuance of a building
permit, and shall be installed prior to the opening of the wine bar.
8. The use approved by CUP 11 -11 is limited to a wine bar with specialty retail sales,
which shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 11 -11, and shall be subject to
CUP 11 -11
16 N. First Avenue
September 13, 2011 —page 2
periodic inspections, after which the provisions of this Conditional Use Permit maybeadjustedafterduenoticetoaddressanyadverseimpactstotheadjacentrights - of -way and neighboring businesses or properties observed during theseinspections.
9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be
complied with to the satisfaction of the Building Official, City Engineer, CommunityDevelopmentAdministrator, Fire Marshal, and Public Works Services Director.
10. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -11shallbegroundsforimmediatesuspensionorrevocationofanyapprovals, whichcouldresultinthedosingofthewinebar.
11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceedingagainsttheCityofArcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadiaconcerningthisprojectand /or land use decision, including but not limited to anyapprovalorconditionofapprovaloftheCityCouncil, Planning Commission, or CityStaff, which action is brought within the time period provided for in GovernmentCodeSection66499.37 or other provision of law applicable to this project ordecision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and /or land use decision and the City shallcooperatefullyinthedefenseofthematter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, andagentsinthedefenseofthematter.
12. Approval of CUP 11 -11 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an AcceptanceFormavailablefromtheDevelopmentServicesDepartmenttoindicateawareness
and acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this application, the Commission should
move to approve Conditional Use Permit No. CUP 11 -11 with a parking modification, state the supporting findings and environmental determination, and adopt ResolutionNo. 1842.
Denial
If the Planning Commission intends to deny this application, the Commission shouldmovetodenyConditionalUsePermitApplicationNo. CUP 11 -11, state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to
prepare a resolution incorporating the Commission's decision and specific findings foradoptionatthenextmeeting.
CUP 11 -11
16 N. First Avenue
September 13, 2011 —page 3
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the September 13, 2011 public hearing, please contact
Senior Planner, Lisa Flores at (626) 574 -5445, or by email at Iflores @ci.arcadia.ca.us.
Approved by:
Jim Kasa
Communit Development Administrator
Attachments: Resolution No. 1842
Draft Planning Commission Minutes, dated August 23, 2011
Email from Mr. Jeng, dated September 2, 2011
Letter from Ms. Williams, dated August 23, 2011
Planning Commission Staff Report, dated August 23, 2011 and Attachments
CUP 11 -11
16 N. First Avenue
September 13, 2011 —page 4
RESOLUTION NO. 1842
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMITNO. CUP 11 -11 WITH A PARKING MODIFICATION TO ALLOW A WINEBARWITHSPECIALTYRETAILSALESAT16N. FIRST AVENUE.
WHEREAS, on April 5, 2011, the Redevelopment Agency Board approved a
waiver to Arcadia Redevelopment Agency Resolution No. ARA -231 to permit a wine bar
at 16 N. First Avenue; and
WHEREAS, on June 6, 2011, Conditional Use Permit Application No. CUP 11 -11
with a parking modification was filed by the applicant, Mr. Charles Yi on behalf of the
property owner, Mr. William Chenoweth, to allow a wine bar and specialty retail sales at
16 N. First Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on August
23, 2011, at which time all interested persons were given full opportunity to be heard
and to present evidence. In the absence of a majority vote, the Commission moved to
continue this item to the September 13, 2011 meeting when all Commissioners are
expected to be present.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated August 23, 2011 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare, or injurious to the property or improvements in such zone or
vicinity. The proposed wine bar and specialty retail sales will not have any adverse
impacts to the neighboring businesses or properties, and will be required to comply with
all County Health Code and State Alcoholic Beverage Control requirements.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Retail sales are allowed by -right in the Central
Business District (CBD) zone and bars are allowed with an approved Conditional Use
Permit per Section 9275.1.40.1 of the Arcadia Municipal Code.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required to adjust said use with the land and uses in the
neighborhood. The proposed change in use from retail to a wine bar with specialty
retail sales will increase the parking deficiency by 7 parking spaces, but this is
insignificant based on the parking analysis, which indicates that there is adequate
nearby, off -site parking.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use. First Avenue to the
west, Wheeler Avenue to the north, and the alley between the subject site and Wheeler
Avenue are adequate to serve the site and to provide access to the nearby public
parking areas.
5. That the granting of Conditional Use Permit No. CUP 11 -11 will not
adversely affect the comprehensive General Plan. The proposed wine bar with
specialty retail sales is consistent with the General Plan land use designation of the
subject property.
2 1842
6. That the project approved under Conditional Use Permit No. CUP 11 -11
qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act
CEQA) per Section 15303(c) of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 11 -11 with a parking modification to permit a wine bar
with specialty retail sales at 16 N. First Avenue, subject to the following conditions:
1. The hours of operation shall be limited to 1:00 p.m. to 11:00 p.m., daily.
2. No live music or entertainment is approved under this Conditional Use Permit,
and any live music or entertainment shall require a separate Conditional Use Permit.
3. The sale of beer and other alcoholic beverages other than wine is prohibited.
4. The approved floor plan is an integral part of the decision approving this
Conditional Use Permit. There shall be no change in the design of the floor plan without
the approval of the Development Services Director or designee. Any change in the
approved plan which has the effect of expanding or intensifying the present use shall
require an amendment to the Conditional Use Permit.
5. The parking spaces inside the 4 -car garage shall be made available to any of
the tenants for parking. The garage is not to be used for storage, or for any use other
than tenant and /or customer parking.
6. In the event security or policing problems, this Conditional Use Permit shall
be subject to review by the Arcadia Police Chief, and a professional, uniformed security
guard may be required.
3 1842
7. For safety, light fixtures shall be provided on the exteriors of the northerly and
easterly building walls to illuminate the alley and rear parking lot area to the satisfaction
of the Arcadia Police Chief and shall be installed prior to the opening of the wine bar.
8. Signs shall be placed on the premises directing people to the City's public
parking lots. The number and locations of the signs shall be subject to approval by the
Development Services Director or designee prior to the issuance of a building permit,
and shall be installed prior to the opening of the wine bar.
9. The use approved by CUP 11 -11 is limited to a wine bar with specialty retail
sales, which shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 11 -11, and 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 adjacent rights -of -way
and neighboring businesses or properties observed during these inspections.
10. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, and parking and site design shall be
complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
11. Noncompliance with the plans, provisions and conditions of approval for CUP
11 -11 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the wine bar.
12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
4 1842
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of 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 officers, employees, and agents in the defense of the matter.
13. Approval of CUP 11 -11 shall not take effect until the property owner(s),
applicant(s), and business owner(s) and operator(s) have executed and filed an
Acceptance Form available from the Development Services Department to indicate
awareness and acceptance of these conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 13th day of September, 2011.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
5 1842
DRAFT MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, August 23, 2011, 7:00 P.M.
Arcadia City Council Chambers
Conditional Use Permit No. CUP 11 -11
16 North First Avenue — Charles Yi
A Conditional Use Permit with a Parking Modification to permit a wine bar and specialtyretailsales.
RECOMMENDATION: Conditional Approval
RESOLUTION NO. 1842
A Resolution of the Planning Commission of the City of Arcadia, California, ApprovingConditionalUsePermitNo. 11 -11 with a parking modification to allow a wine bar andspecialtyretailsalesat16N. First Avenue.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
Mr. Kasama directed the Commissioners' attention to a letter of opposition relating to item 2.
Senior Planner, Lisa Flores, presented the staff report.
Commissioner Baderian asked for the Redevelopment Board's definition of a wine bar. Ms. Flores explained that a wine bar would include a bar area, wine tasting room and retail salesofbottledwine.
Commissioner Beranek asked about the comments provided by Ms. Janelle Williams in aletterofoppositionregardingtheStateAlcoholicBeverageControl (ABC) license. Ms.
Flores said that after a permit is approved, the applicant can apply for their ABC license anditcantakeuptothreemonthsforABCtoprocesstheapplication. But, the applicant hasoptedtoapplyinadvancetoexpeditetheprocess. As a result, the status of the applicationislistedas "pending ". She also mentioned that the applicant wished to respond to the letterhimself.
Commissioner Beranek asked what the connection was between Ms. Williams, the writer oftheletterofopposition, and the applicant. Ms. Flores said that according to the applicant, Ms. Williams is a friend of Mr. Starkey, the owner of the Wine Cave, another wine bar inMontrose.
The public hearing was opened.
Chairman Baerg asked if anyone would like to speak in favor of this project.
Mr. Clint Melchor, a wine broker, said he has been acquainted with the applicant, Mr. Yi, foracoupleofyears. He said he felt the wine bar would be a perfect fit for the redevelopment
area and explained that the objective would be to expose local residents to boutique winesfromsmallfamilywineriesinNapa /Somona. In response to a question from ChairmanBaerg, Mr. Melchor explained that he is not a co -owner of the business.
Commissioner Baderian asked if the applicant would respond to the allegations in Ms.
Williams' letter. Mr. Charles Yi, the applicant, offered to answer any questions arising from
Ms. Williams letter.
Commissioner Beranek asked Mr. Yi if, as stated in Ms. Williams' letter, he has no
experience as a retailer. Mr. Yi said that is true. Commissioner Beranek asked Mr. Yi to
describe his association with the Wine Cave. Mr. Yi said that the owners of the Wine Cave
had asked him to work as a consultant and to be part of future expansion. However, after a
review of his options, Mr. Yi decided that he would prefer to invest in a business by himself.
Mr. Yi also stated that he was never part owner of the Wine Cave in Montrose.
Commissioner Beranek asked Mr. Yi to comment on Ms. Williams' allegations regarding his
application for an ABC license. Mr.Yi explained that he applied for the license which can
take up to three to four months to process, but if his Conditional Use Permit application is
denied, then he will withdraw his application for an ABC license. He added that he fully
intends to obtain all necessary licenses.
Commissioner Beranek asked Mr. Yi about Ms. Williams' allegations that he was trying to
avoid providing his fingerprints for the required FBI criminal background check. Mr. Yi said
that he had been fingerprinted for the background check and displayed a copy of the live
scan submitted to the FBI dated July 25, 2011.
Commissioner Beranek asked Mr. Yi to reaffirm that all information presented in his
application is proper and truthful. Mr. Yi replied, "Of course ". Mr. Yi said that he originally
considered using Wine Cave II as the name for the wine bar, but later changed his mind.
Commissioner Baderian asked Mr.Yi if he was planning any exporting or wholesaling of
wine at this location and Mr. Yi said no.
Commissioner Baderian asked if a taste of wine would not exceed two ounces and Mr. Yi
said that if the City doesn't allow more than two ounces, he will comply.
Commissioner Baderian asked if there would be separate areas for tasting and for
purchasing a glass of wine. Mr. Yi said both tasting and purchasing wine by the glass would
take place at bar side and at a few tables.
Commissioner Baderian asked about sales of food and Mr. Yi said no food will be sold but
crackers and cheese will be offered.
Commissioner Chiao asked Mr. Yi how he would be able to determine the busiest business
hours since he has no past experience in retailing. Mr. Yi said he expects the busiest hours
to be from 6:00 to 11:00 p.m.
Commissioner Chiao asked about parking during peak business hours and Mr. Yi explained
that parking is available across the street from the site.
Mr. Matt Jeng, a consultant and restaurant designer, said he is helping Mr. Yi to submit his
CUP application and to start his business. He explained that Mr. Yi was not sure what type
of ABC license was required so he decided to wait for CUP approval before applying for an
ABC license. In regards to the parking situation, Mr. Jeng noted that there are usually only
EXCERPT FROM PC MINUTES
8 -23 -11
Page 2
a few cars in the lot and that a parking study showed plenty of space. Mr. Jeng said that hedoesn't know why Ms. Williams wrote the opposition letter but he pointed out that she is notatthemeetingtoanswerquestionsbutheandtheapplicant, Mr. Yi, are present.
Commissioner Baderian asked Mr. Yi is he read the staff report and was aware of theconditionsofapproval. Mr. Yi said that he reviewed the staff report and will comply with alltheconditionsofapprovalincludingthelasttwoadditionalconditions.
Chairman Baerg asked if anyone wanted to speak in opposition to this project.
There were none.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek to close thePublicHearing. Without objection the motion was approved.
Commissioner Beranek said that he had some reservations about this project and wasconcernedthatMr. Yi may have overstated his position at times.
Commissioner Baderian also voiced reservations based on the information presented by theapplicantattonight's meeting. He said he was concerned that this might not be the righttypeofbusinessfortheredevelopmentarea.
Commissioner Chiao said that he was not concerned about the credibility of the applicant, but about the lack of parking, and had some questions about the parking study. Ms. Floressaidthatthepublicparkinglotnearbyshouldprovidesufficientparking. She pointed out thattheparkingstudyindicatesthatthepeakdemandforallthesurroundingareasiscurrentlyfrom1:00 to 4:00 p.m. while this use will experience peak parking from 7:00 to 9:00 p.m., with only 38% of the spaces used. She explained that even though the wine bar will onlyhavesevenparkingspaces, with one serving as a handicapped space, the use of shared
parking provided in the city parking lot will more than make up for any deficiency.
Mr. Wray pointed out that the use of shared parking is typical in the city and that the city Totsareintendedtoprovidesupplementalparkingforbusinesses. Furthermore, he said, most oftheactivityintheareaiscurrentlyduringthedaytime, so the night parking use for the winebarwouldcomplementtheparkingplanalreadyinplace.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek to denyConditionalUsePermitNo. CUP 11 -11 subject to the revised conditions presented by staff.
ROLL CALL
AYES: Commissioners Baderian, Beranek,
NOES: Commissioners Chiao & BaergABSENT: Commissioner Parrille
Chairman Baerg asked if a continuance is possible, if the applicant is agreeable. Mr. Yi saidacontinuancewouldbeacceptable.
EXCERPT FROM PC MINUTES
8 -23 -11
Page 3
MOTION:
In the absence of a majority vote, Commissioner Beranek moved to continue this item to the
September 13 meeting when all Commissioners are expected to be present. The motion
was seconded by Commissioner Baderian.
ROLL CALL
AYES: Commissioners Baderian, Beranek, Chiao and Baerg
NOES: None
ABSENT: Commissioner Parrille
EXCERPT FROM PC MINUTES
8 -23 -11
Page 4
Lisa Flores
Subject: FW: Arc Wine Bar- Planning Commission Meeting Response
From: Matt Jeng @ Anokia Inc. (mailto :mjengCanokiainc.comlSent: Friday, September 02, 2011 8:46 AM
To: Lisa Flores
Subject: Arc Wine Bar- Planning Commission Meeting Response
Hi Lisa,
I met with Mr. Charles Yi and his agent Tony Chen yesterday afternoon, and this is a response letter for you.
We really appreciate your time and effort presenting our case. We apologize for not being well - prepared forourpresentationbecauseofourlackofcommunication; but also the fact that we didn't receive thatoppositionletter (which was the only opposition letter) till the very last hours.
In response to the several concerns which were brought up in the Planning Commission meeting on August 23, 2011, the followings are what we intend to present for the next meeting (right after you speak):
Background on my client (applicant) Mr. Charles Yi:
o Mr. Yi has been living in City of Arcadia since 1997, his children are currently attending schoolshereinArcadia, and he also has operated his businesses here since 2003. He doeshaveexperienceinfoodestablishmentashehadopenedandoperatedarestaurant... also hereinArcadia. With his great interest and extensive knowledge on various types of wines, he
would really love to open up a specialty wine store which will feature premium California wines
to the community. He believe his proposal would attract higher end customers and willdefinitelybeapositivevibetoDowntowndistrict.
ABC Applications:
o Mr. Yi knows the approval of ABC application will be pending upon City's CUP approval.
However, since Mr. Yi is a very busy businessman who travels a lot, he likes to pre -plan allaspectsofthiswinestore. During the early stage of this CUP application, he asked his assistant
to gather the applications required for ABC license. Mr. Yi has already personally got his
fingerprints scanned and submitted ABC application in person. So far Mr. Yi has only appliedforOn -Sale Beer and Wine (Type 42) and he will apply for Off -Sale Beer and Wine (Type 20) within these few days.
Wine Store Business Operations:
o The name of the store will be "N.16 Cellar ".
o The proposed hours will be from 1pm to 11 p.m.
o Mr. Yi intends to operate and manage this business in person from the early stages of thisbusiness. He has already placed classified ads in newspaper in search of qualified people as
employees /sales. He has already received over 100 of resumes and is in the process of
narrowing down the list. It will take Mr. Yi about 1 to 2 months to train and setup the staff. Mr.
Yi also has found a well - qualified, prospective operating manager and is in the process of takinghimonboard.
The bottom line is that Mr. Yi is a successful and serious businessman who doesn't play games. It is his
number one priority to make all of his businesses successful, and that will include this wine store. Mr. Yi has
1
gone a great deal in: 1) finding a right planning consultant who he's comfortable with and who can also assist
him in obtaining building permit required for the build -out; 2) finding a traffic engineer to prepare the parkingstudy (to prove there are plenty of parking spaces to accommodate his business; 3) inquiring and applying forallnecessaryABClicenses; 4) finding right personnel to assist him in business operations; and 5) to his belief,
locating in the city in which he feels like home.
Please call me if you have anything else you would like us to address on.
Regards,
Matt Jeng
Anokia, Inc.
Commercial & Residential Design
T /F: (888) 765 -8982
Website: www.anokiainc.com
2
August 22, 2011
Planning Commission
City of Arcadia
Arcadia City Council Chambers
240 W. Huntington Dr.
Arcadia, California 91066 -6021
CUP 11 -11
Dear Commissioners:
E
AUG 2 3 2011
P(aitnInv SEl° CGS
City of Arcadia
It has come to my attention that Charles Yi has applied for a conditional use permit to operate a winebarwithretailsales. I have read his application and staff report, and though not surprised, I feel youdeservethetruth, and so 1 offer the following insight on this matter. Though I don't have any particularanimositytowardtheapplicant, I feel the City of Arcadia needs to move with extreme caution in
allowing this particular individual to operate a wine tasting bar in your city. He has absolutely tLoexperience.
For starters, on page 3 of the staff report, the applicant has indicated that he "has experience operatingasimilarestablishment, The Wine Cave in Montrose." For reference, 1 am the land use representativefortheWineCaveinMontrose, and 1 can say unequivocally, that Mr. Li has never owned or operatedTheWineCave, he has never worked at The Wine Cave, has never had any operational or businessinterestintheestablishment, nothing at all. The statement is on its face untrue, a deliberate andcalculatedlie.
The applicant's establishment likely will not be operated at the same level of community consideration
and neighborhood good will as The Wine Cave. City Staff in Glendale have endorsed the Montrose
establishment because it Is well run by Scott Starkey, former owner of Milano's Restaurant in Glendale. His many acts of charity are well documented, and the establishment itself is a comfortableneighborhoodfit. I am writing as an individual and also to protect my client, Mr. Starkey, and theintegrityofhisbusinesswhichistrulyheldinhighregardwithintheCityofGlendale. The business as
proposed here is neither likely to garner similar praise nor be operated at a high standard. As a note to
the applicant, "The Wine Cave 11" as suggested In the Staff report, is not an option for naming his newbusiness.
The applicant has lied about the operation of The Wine Cave, and this act alone warrants a closer look at
other parts of his application and the State of California Alcoholic Beverage Control (ABC) licenseapplication.
The only license this applicant has pending with the ABC is for on -sale beer and wine, type 42 at thislocation (see attachment). There Is no license pending for retail wine sales. I am concerned that thisapplicanthasbothliedontheCUPapplicationaswellasonhisABClicenseapplication. It has also
recently come to my attention that the applicant had gone as far as soliciting various individuals to
provide fingerprints for his FBI criminal background check - instead of providing his own fingerprints. This is something 1 intend to take up with ABC, as I have no idea why a person with nothing to hidewouldwanttodosuchathing.
If the CUP is approved, there should be a condition prohibiting the applicant from operating more than
one business out of the location; as he has indicted his intent to also operate a secondary and separate
business office within this tenant space to export wines to China. Exporting wine requires different
licensing and cannot be combined with retail sales, if so, would be a violation of the State of California
tied -house restrictions prohibiting such uses together. In addition, wholesaling is not an approved use
at the location, nor is it disclosed on his application. A strongly worded condition prohibiting more than
one business would underscore your intentions in this regard.
It is also my understanding that a "taste" of wine is a pour from 1 to 2 ounces of wine, in order for a
patron to decide on a take -home bottle purchase. A condition limiting tastes to this maximum 2 oz.
amount would be appropriate, as it is according to the applicant, not a "bar' per se, but a tasting room.
The applicant's true intentions with his new establishment are not clear. Since the application is for
retail wine sales with tasting privilege, a maximum 2 ounce condition should not be a problem, unless he
intends to offer full glasses of wine for on -site consumption with no limits, which would be a much more
intensive use, certainly more intensive than a wine "tasting room ".
If it is your intention to approve, this being the first establishment of its kind in the redevelopment area,
I strongly suggest the use of uniformed security after 5:00 p.m. to ensure patron and community safety,
and to check patron IDs. All conditions of approval should be subject to verification and monitoring for
compliance at all times. Any Initial grant of a CUP should not be for more than two years, with
reapplication and full review by police, traffic and transportation, all City Departments and the Planning
Commission.
The granting of the subject conditional use permit has the potential of being harmful to the community
of Arcadia, injurious to the health, safety, the general welfare and to the environment, and if operated
as a "front" for another business, will be wholly inconsistent with the spirit and intent of the General
Plan, the intention of the City Council and the Planning Commission, a complete disregard for Staff time
and a disregard to the citizens of Arcadia. The applicant has not been candid in his application, and
therefore, the entire application and intent contained within, under penalty of oeriury is suspect and
should be handled with extreme caution.
I apologize for the lateness of this letter, but once I saw the staff report and the falsehoods regarding
The Wine Cave in Glendale, late or not I wanted you to know the truth.
Sincerely,
nelle P. Williams
2418 Honolulu, #B
Montrose, CA 91020
818 - 542 -4109
California ABC - License Query System - Data Summary http:// www. abc .ca.gov /datportJLQSData.asp7ID= 56988137
California Department of Alcoholic
Beverage Control
License Query System Sum aty
as of 8/18/2011
License Information
License Number: 512923
Primary Owner: OMART CORPORATION
ABC Office of Application: 02 - MONROVIA
Business Name
Doing Business As: N16 CELLAR
Business Address
Address: 16 N 1ST AVE Census Tract: 4308.01
City: ARCADIA County: LOS ANGELES
State: CA Zip Code: 91006
icensee Information
Licensee: OMART CORPORATION
Company Information
Officer: YI, CHARLES QIANG (CHIEF FINANCIAL OFFICER)
Officer: YI, CHARLES QIANG (DIRECTOR)
Officer: YI, CHARLES QIANG (PRESIDENT /SECRETARY)
Stock Holder: YI, CHARLES QIANG
License Types
1) License Type: 42 - ON -SALE BEER AND WINE - PUBLIC PREMISES
License IS'pe Status: PENDING
Status Date: 25-JUL- 5 -JUL -2011 Term: 12 Month(s)
Original Issue Date: Expiration Date:
Master: Y Duplicate: 0 Fee Code: P40
License Type was Transferred On: FROM:
Current Disciplinary Action . .. .......
No Active Disciplinary Action found .. .
Disciplinary History
No Disciplinary History found .. .
fffold Information
Hold Date: 25 -JUL -2011 Type: FORM 220
Escrow
1.10. OxIty
8119/2011 8:13 PM
STAFF REPORT
August 23, 2011
Development Services Department
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Lisa Flores, Senior Planner
SUBJECT: Conditional Use Permit No. CUP 11 -11 with a parking modification to
allow a wine bar and specialty retail sales at 16 N. First Avenue.
SUMMARY
Conditional Use Permit Application No. CUP 11 -11 was filed by Mr. Charles Yi on behalf
of the property owner, Mr. William Chenoweth, to operate a wine bar with specialty retailsalesat16N. First Avenue. Wine will be sold for off -site consumption and for on -sitetasting. The Development Services Department is recommending approval of this
application and the related parking modification, subject to the conditions listed in this
staff report.
GENERAL INFORMATION
APPLICANT: Mr. Charles Yi on behalf of the property owner, Mr. William Chenoweth
LOCATION: 16 N. First Avenue
REQUEST: A Conditional Use Permit to allow a wine bar, specialty retail sales, and
a parking modification of 6 on -site parking spaces in lieu of 24 spaces
required for the existing multi- tenant building and proposed wine bar.
The hours of operation for the wine bar will be 1:00 p.m. to 11:00 p.m., daily.
SITE AREA: 7,425 square feet (0.17 acre)
FRONTAGE: 55' -0" along N. First Avenue
EXISTING LAND USE & ZONING:
The subject property is located on the east side of First Avenue between
Huntington Drive and Wheeler Avenue, in the Central Redevelopment
Project Area. The site is improved with a 4,900 square foot, two -story
building 'comprised of 3,900 square feet of commercial space on the first
floor and a 1,000 square -foot residential unit on the second floor. There
is also a 4 -car garage at the rear of the site and 3 open, on -site parking
spaces. The property is zoned CBD, Central Business District with a
Downtown Overlay.
SURROUNDING LAND USES & ZONING:
North: Commercial — zoned DMU
South: Commercial — zoned CBD
East: General Office Building — zoned CBD
West: Commercial — zoned CBD
GENERAL PLAN DESIGNATION:
Commercial with Downtown Overlay — This designation is intended to
permit a wide range of commercial uses which serve both neighborhood
and citywide markets. The designation allows a broad array of
commercial enterprises, including restaurants, durable goods sales, food
stores, lodging, professional offices, specialty shops, indoor and outdoor
recreational facilities, and entertainment uses.
Adjacent to Downtown, the Commercial designation is intended to
encourage small -scale office and neighborhood- serving commercial
uses that complement development in the Downtown Mixed Use areas.
While the land use designation provides the general parameters within
which development must take place, the Zoning Code or other land use
regulatory document specifies the type and intensity of uses that will be
permitted in a given area. In the Downtown area, for example, where
properties are designated Commercial, land use regulations might
specify that restaurants and cafes are permitted, but secondhand stores
are not. The Zoning Code and other regulatory documents also indicate
permitted building height limits for specific properties.
The maximum floor- area -ratio (FAR) for Commercial areas is 0.50, but
the Downtown Overlay, which is a higher intensity overlay, allows an
FAR of 1.0 for non - residential uses.
PUBLIC HEARING NOTIFICATION
Public hearing notices of CUP 11 -11 were mailed on August 10, 2011 to the property
owners and occupants of those properties that are within 300 feet of the subject property
see the attached radius map). Pursuant to the provisions of the California Environmental
Quality Act (CEQA), a conversion of existing small structures from one use to another is
Categorically Exempt under Section 15303(c) of the CEQA Guidelines, and therefore the
public hearing notice was not published in a local newspaper.
CUP 11 -11
16 N. First Avenue
August 23, 2011 — page 2
BACKGROUND
On April 5, 2011, the Redevelopment Agency Board approved a waiver to ArcadiaRedevelopmentAgencyResolutionNo. ARA -231 to permit a wine bar. The waiver wasnecessarybecausetheResolutionlists "Stores selling liquor for off - premiseconsumption," as an "Inappropriate Use." The Board determined that a wine bar wouldnotbeadetrimenttoNorthFirstAvenueandcouldaddsomevitalitytothearea. Additionally, the Board felt that it is a use that is compatible with the Land Use ElementofthenewGeneralPlanandconsistentwiththegoalofintroducingmoreactiveusesintothedowntownarea.
PROPOSAL AND ANALYSIS
The applicant, Mr. Charles Yi, plans to lease 1,700 square feet on the first floor of thetwo -story building to operate a wine bar that will offer wine tastings and retail sales. Thelocationwillnotbearestaurantasnokitchenistobeincluded, and the specialty retailitemsarewines, cheeses, and related items. Wine will be sold for off -site consumptionandforon -site tastings. The proposed hours of operation will be limited to 1:00 p.m. to11:00 p.m., daily.
The applicant has indicated that he has experience operating a similar establishment, the Wine Cave located in the Montrose area of Glendale. The Glendale location hasbeeninoperationsinceAugustof2009, and is considered by the City of Glendale stafftohavebeenasignificantimprovementtothearea. If approved, this new location maybenamed, Wine Cave II. It is staff's opinion that the proposed use will be anenhancementtothedowntownarea.
This proposal also requires a parking modification since there will be only 6 on -site
parking spaces and under the current zoning regulations the site needs 24 parkingspaceswiththeproposedwinebar. The following table lists the parking requirementsfortheprojectsite, which is located within a '/ -mile of the future Gold Line station, andistherebyentitledtoa25% reduction of the parking requirements for commercial uses.
Use
Retail (The Frame House)
Apartment
Area (S.F.) Required Parking
Ratio
Required Parking
Per Use
2,200 S.F. 1/200 S.F. - 25% 8.25 spaces
Proposed Wine Bar
1,000 S.F. 1.5 per unit + 1
guest per 2 units
3 spaces
1,700 S.F. 1/100 S.F. - 25% 12.75 spaces
Total On -Site Parking Spaces Required: 24
21 commercial spaces plus 3 spaces for the apartment
Total On -Site Parking Spaces to be Provided: 6
CUP 11 -11
16 N. First Avenue
August 23, 2011 — page 3
Of the 7 existing on -site parking spaces, 3 are open and available for any tenant or
customer, and 4 spaces are in the garage. Two of the garage spaces are designated
for the apartment, and one each is available for the two commercial units. Presently,
the subject property has a legal- nonconforming parking deficiency of 11 spaces.
To comply with accessibility requirements, a van - accessible, handicap parking space
must be provided. The 8 -foot wide loading area for this handicap space will result in the
Toss of 1 open, on -site parking space. When combined with the increased parking
requirement for the wine bar, the proposed 6 on -site parking spaces results in an 18-
space on -site parking deficiency for an overall parking modification of 6 on -site parking
spaces in lieu of 24 required.
The applicant had the attached shared parking study prepared by a traffic engineer to
evaluate the availability of the on -site and off-site parking for the proposed wine bar.
The study included an analysis of the City's parking requirement, the parking demand of
the proposed wine bar, and the availability of nearby public parking spaces. The
consultant counted the parked vehicles every 30 minutes between 1:00 p.m. to 11:00
p.m. for 7 consecutive days in May of this year. The consultant determined that the use
of the closest public parking areas peaked between 1:00 p.m. to 4:00 p.m. on weekdays
with 33% to 66% of the 66 nearby parking spaces occupied. On weekends, the parking
usage peaked between 1:30 p.m. to 3:00 p.m. with 21% to 26% of the spaces occupied.
Based on the results of the study, the consultant determined that there will be adequate
parking for the proposed wine bar, which is anticipated to have its greatest parking
demand during evening hours between 7:00 p.m. and 9:00 p.m. when at most, 38% of
the nearby parking spaces were occupied. The City Engineer has reviewed the parking
study and agrees with its conclusion that there is enough available off -site public
parking for the applicant's proposal.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, emergency equipment, and parking and site design are required to be complied
with to the satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director.
CEQA
Proposed projects that are not approved, are by virtue of being denied, exempt from
any further environmental assessment. If approved, however, and if it is determined
that no significant physical alterations to the site or to the exterior of the building are
necessary, then this project, as a conversion of an existing facility of less than 2,500
square feet and not involving the use of significant amounts of hazardous substances is
categorically exempt from the provisions of the California Environmental Quality Act
CEQA) pursuant to Section 15303(c) of the CEQA Guidelines. A Preliminary
Exemption Assessment is attached to this staff report.
CUP 11 -11
16 N. First Avenue
August 23, 2011 — page 4
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional UsePermittobegranted, it must be found that all of the following prerequisite conditionscanbesatisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare, or injurious to the property or improvements in such zone
or vicinity. The proposed wine bar and specialty retail sales will not have anyadverseimpactstotheneighboringbusinessesorproperties, and will be required to
comply with all County Health Code and State Alcoholic. Beverage Controlrequirements.
2. That the use applied for at the location indicated is properly one for which aConditionalUsePermitisauthorized. Retail sales are allowed by -right in theCentralBusinessDistrict (CBD) zone and bars are allowed with an approvedConditionalUsePermitperSection9275.1.40.1 of the Arcadia Municipal Code.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping andotherfeaturesrequiredtoadjustsaidusewiththelandandusesintheneighborhood. The proposed change in use from retail to a wine bar with specialtyretailsaleswillincreasetheparkingdeficiencyby7parkingspaces, but this is
insignificant based on the parking analysis, which indicates that there is adequate
nearby, off -site parking.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use. First Avenue to the west, Wheeler Avenue to the north, and the alley between the subject site and Wheeler
Avenue are adequate to serve the site and to provide access to the nearby publicparkingareas.
5. That the granting of Conditional Use Permit No. CUP 11 -11 will not adversely affectthecomprehensiveGeneralPlan. The proposed wine bar with specialty retail salesisconsistentwiththeGeneralPlanlandusedesignationofthesubjectproperty.
6. That the project approved under Conditional Use Permit No. CUP 11 -11 qualifies as
a Class 3 Categorical Exemption of the California Environmental Quality ActCEQA) per Section 15303(c) of the CEQA Guidelines.
It is staff's opinion that the proposed wine bar satisfies each prerequisite condition.
RECOMMENDATION
eve opment Services Department
Permit Application No. CUP 11 -11, subject
1.. The hours of operation shall be limited
recommends approval of Conditional Use
to the following conditions:
to 1:00 p.m. to 11:00 p.m., daily.
CUP 11 -11
16 N. First Avenue
August 23, 2011 — page 5
2. No live music or entertainment is approved under this Conditional Use Permit, and
any live music or entertainment shall require a separate Conditional Use Permit.
3. The sale of beer and other alcoholic beverages other than wine is prohibited.
4. The parking spaces inside the 4 -car garage shall be made available to any of the
tenants for parking. The garage is not to be used for storage, or for any use other
than tenant and/or customer parking.
5. In the event of security or policing problems, this Conditional Use Permit shall be
subject to review by the Arcadia Police Chief, and a professional, uniformed
security guard may be required.
6. For safety, light fixtures shall be added to the exteriors of the northerly and easterly
building walls to illuminate the alley and rear parking lot area to the satisfaction of
the Arcadia Police Chief and shall be installed prior to the opening of the wine bar.
7. Signs shall be placed on the premises directing people to the City's public parking
lots. The number and locations of the signs shall be subject to approval by the
Development Services Director or designee prior to the issuance of a building
permit, and shall be installed prior to the opening of the wine bar.
8. The use approved by CUP 11 -11 is limited to a wine bar with specialty retail sales,
which shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 11 -11, and 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 adjacent rights -
of -way and neighboring businesses or properties observed during these
inspections.
9. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, and parking and site design shall be
complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
10. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -11
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the wine bar.
11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of 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
CUP 11 -11
16 N. First Avenue
August 23, 2011 — page 6
proceeding concerning the project and /or land use decision and the City shallcooperatefullyinthedefenseofthematter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, andagentsinthedefenseofthematter.
12. Approval of CUP 11 -11 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed 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 application, the Commission should
move to approve Conditional Use Permit No. CUP 11 -11 with a parking modification,
state the supporting findings and environmental determination, and adopt ResolutionNo. 1842.
Denial
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 11 -11, state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to
prepare a resolution incorporating the Commission's decision and specific findings for
adoption at the next meeting.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the August 23, 2011 public hearing, please contact Senior
Planner, Lisa Flores at (626) 574 -5445, or by email at Iflores @ci.arcadia.ca.us.
Approved by:
Jim ama
munity Development Administrator
Attachments: Resolution No. 1842
Aerial Photo and Vicinity Map with Zoning Information
300 -foot Radius Map
Photos
Shared Parking Study
Preliminary Exemption Assessment
Floor Plan and Plot Plan
CUP 11 -11
16 N. First Avenue
August 23, 2011 — page 7
RESOLUTION NO. 1842
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 11 -11 WITH A PARKING MODIFICATION TO ALLOW A WINE
BAR WITH SPECIALTY RETAIL SALES AT 16 N. FIRST AVENUE.
WHEREAS, on April 5, 2011, the Redevelopment Agency Board approved a
waiver to Arcadia Redevelopment Agency Resolution No. ARA -231 to permit a wine bar
at 16 N. First Avenue; and
WHEREAS, on June 6, 2011, Conditional Use Permit Application No. CUP 11 -11
with a parking modification was filed by the applicant, Mr. Charles Yi on behalf of the
property owner, Mr. William Chenoweth, to allow a wine bar and specialty retail sales at
16 N. First Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on August
23, 2011, 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 RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated August 23, 2011 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare, or injurious to the property or improvements in such zone or
vicinity. The proposed wine bar and specialty retail sales will not have any adverse
impacts to the neighboring businesses or properties, and will be required to comply with
all County Health Code and State Alcoholic Beverage Control requirements.
2. That the use :applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Retail sales are allowed by- right in the Central
Business District (CBD) zone and bars are allowed with an approved Conditional Use
Permit per Section 9275.1.40.1 of the Arcadia Municipal Code.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required to adjust said use with the land and uses in the
neighborhood. The proposed change in use from retail to a wine bar with specialty
retail sales will increase the parking deficiency by 7 parking spaces, but this is
insignificant based on the parking analysis, which indicates that there is adequate
nearby, off -site parking.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use. First Avenue to the
west, Wheeler Avenue to the north, and the alley between the subject site and Wheeler
Avenue are adequate to serve the site and to provide access to the nearby public
parking areas.
5. That the granting of Conditional Use Permit No. CUP 11 -11 will not
adversely affect the comprehensive General Plan. The proposed wine bar with
specialty retail sales is consistent with the General Plan land use designation of the
subject property.
6. That the project approved under Conditional Use Permit No. CUP 11 -11
qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act
CEQA) per Section 15303(c) of the CEQA Guidelines.
2 1842
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 11 -11 with a parking modification to permit a wine bar
with specialty retail sales at 16 N. First Avenue, subject to the following conditions:
1. The hours of operation shall be limited to 1:00 p.m. to 11:00 p.m., daily.
2. No live music or entertainment is approved under this Conditional Use Permit,
and any live music or entertainment shall require a separate Conditional Use Permit.
3. The sale of beer and other alcoholic beverages other than wine is prohibited.
4. The parking spaces inside the 4 -car garage shall be made available to any of
the tenants for parking. The garage is not to be used for storage, or for any use other
than tenant and /or customer parking.
5. In the event security or policing problems, this Conditional Use Permit shall
be subject to review by the Arcadia Police Chief, and a professional, uniformed security
guard may be required.
6. For safety, light fixtures shall be provided on the exteriors of the northerly and
easterly building walls to illuminate the alley and rear parking lot area to the satisfaction
of the Arcadia Police Chief and shall be installed prior to the opening of the wine bar.
7. Signs shall be placed on the premises directing people to the City's public
parking lots. The number and locations of the signs shall be subject to approval by the
Development Services Director or designee prior to the issuance of a building permit,
and shall be installed prior to the opening of the wine bar.
8. The use approved by CUP 11 -11 is limited to a wine bar with specialty retail
sales, which shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 11 -11, and shall be subject to
3
1842
periodic inspections, after which the provisions of this Conditional Use Permit may be
adjusted after due notice to address any adverse impacts to the adjacent rights -of -way
and neighboring businesses or properties observed during these inspections.
9. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, and parking and site design shall be
complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
10. Noncompliance with the plans, provisions and conditions of approval for CUP
11 -11 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the wine bar.
11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of 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 officers, employees, and agents in the defense of the matter.
4 1842
12. Approval of .CUP 11 -11 shall not take effect until the property owner(s),
applicant(s), and business owner(s) and operator(s) have executed and filed an
Acceptance Form available from the Development Services Department to indicate
awareness and acceptance of these conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 23rd day of August, 2011.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
5 1842
hotos oftheinterior
se
ac.
6
N..
FirstAvenu
16
N.
FirstAvenue Photos oftherearparkinglotand
4 -
cargarage
TRAflc ENEROVIZEMNE, [nt
Tragic Co iitol.;Vol. Syndtto014 Wn.. Pc-king Study
July 6, 2011 (Revised)
Charles Yi
Omart Corp
150 N. Santa Anita Ave, #500
Arcadia, CA 91006
Re: Shared Parking Study
Retail Wine and Cheese Store with Wine Tasting
At 16 N. First Street, Arcadia
Dear Charles Yi,
RECEIVED
JUL - 8 2011
Planning Services
City of Arcadia
Per your request, we have conducted a shared parking study for the proposed
business at 16 N. First Street in the City of Arcadia. This letter presents our
methodology, findings, and recommendations in regards to the sufficiency of
parking for the proposed business.
PROJECT INFORMATION
The project is seeking conditional use permit (CUP) for the proposed retail wine and
cheese store that offers wine tasting (1,700 sq. ft.) at 16 N. First Street in the City of
Arcadia. The economic development department of the City of Arcadia has
requested a parking demand study prepared by a licensed traffic engineer to
evaluate parking conditions.
The proposed business share the site with two other existing uses: The Frame House
2,200 sq. ft.) at 12 N. First Street and a residential unit (1,000 sq. ft) at 16 '/2 N.
First Street. There are seven parking spaces provided on -site including four inside
garage. The subject site is situated in downtown area where public parking is
conveniently provided for local businesses. Site plan and nearby parking spaces are
shown in Exhibit 1.
The proposed business is a retail wine and cheese shop that offers wine tasting
accompanied by cheese and crackers. It has no plan to serve other food, beer, or
1(2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 235, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic@gmail.com
Shared Parking Study
Retail Wine and Cheese Store with Wine Tasting
At 16 N. First Street, Arcadia
alcoholic drinks in the premise. The proposed business plans to employ two work
shifts with up to three employees in each shift.
PARKING REQUIREMENTS
The Municipal Codes of the City of Arcadia does not specify the use of wine tasting
and retail facility. The functions of this proposed business apparently fall between a
bar and retail store. According to the Municipal Codes, the parking requirement for
retail" is five spaces for every 1,000 square feet of gross floor area. The parking
requirement for "bar" is ten space per 1,000 square feet of gross floor area.
As a conservative approach, the study chooses to apply "bar" use as a worst case
scenario. Since the site is located within a 1/4 mile from the Gold Line station, the
project's commercial use is entitled to a 25% credit toward the required parking. As
shown in Table 1, the proposed project requires thirteen (13) parking spaces.
Judy 6, 2011
Page 2 of 4
Table 1. Parking Requirements
Parking Requirements Project
Land Use . Bar and similar uses
Parking Ratio Per Municipal Codes
Ten spaces for every 1,000 square
feet of gross floor area
Size 1,700 sq. ft.
Parking reduction for any commercial
use within 1/4 mile of a Gold Line
Station 25%
Parking Demand 12.75 spaces (say 13 spaces)
Based on the characteristics of the proposed business, its peak parking demand
normally occurs during evening hours between 7 pm and 9 pm. The hourly
variations of parking demand are shown in Table 2.
K2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic@gmail.com
Shared Parking Study
Retail Wine and Cheese Store with Wine TastingAt16N. First Street, Arcadia
Table 2. Project Parking Demand by Time-of-Day
July 6, 2011
Page 3 of 4
Time -of -Day 12 pm -3pm 4 pm- 6pm 7 pm- 9 pm 10 pm -12 am
Usage Factor
Parking Demand
00 /0 80% 100% 70%
7 10 13 9
PARKING ANALYSIS
For this study, K2 Traffic Engineering, Inc. conducted field surveys to observe
actual parking usage of the project vicinity in order to determine the adequacy of
public parking. Parked vehicles were counted every 30 minutes between 1:00 P.M.
and 11:00 P.M. for seven consecutive days in May 2011. Complete survey data can
be found in Appendix A.
Exhibit 1 shows five parking areas within walking distance of 300 feet from the site.
Excluding Area A (for having to cross N. First Street) and Area E (for being further
away), there are 66 parking spaces immediately adjacent to the site. Exhibit 2
illustrates parking availability at these immediate impact areas. Peak parking
demand occurred at 1:30 PM on Friday when 43 parking spaces were occupied by
existing tenants while project demand is seven (7) parking spaces. A combined
demand of 50 parking spaces can be sufficiently accommodated by the capacity of
66 parking spaces.
SUMMARY
Based on the minimum required parking per Municipal Codes, the project would
require 13 parking spaces. The site consisting of an existing retail store, a mixed -
use residential unit, and the proposed business would require 22 parking spaces
combined, as shown in Appendix B.
Based on the characteristics of the proposed business, its peak parking demand
normally occurs during evening hours when many other retail stores are closed and
K2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic ®gmail.com
Shared Parking Study
Retail Wine and Cheese Store with Wine Tasting
At 16 N. First Street, Arcadia
July 6, 2011
Page 4 of 4
parking demand diminished. The shared parking study surveyed adjacent parking
areas that offer 66 parking capacity. Peak parking demand occurred at 1:30 PM on
Friday when 43 parking spaces were occupied and 23 parking spaces were available
for the project. The project demands seven (7) parking spaces during this period of
time. Project demands at other time -of -day periods can all be accommodated by the
study parking areas. Therefore, the study concludes that parking demand for the
proposed business should be sufficiently accommodated by the project site and
public parking facilities in the vicinity.
Regards,
K2 Traffic Engineering, Inc.
Jende "Kay" Hsu, T.E.
California Licensed TR2285
Exhibit 1, 2, Appendix A & B)
No. 1.2285
Exp 6/30/12
1.RAFFtC'
K2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic ®gmail.com
K2 TRAFFIC ENGINEERING
EXHIBIT 1
Exhibit
2.
Parkin ArcadiaWineCave
UN
O
L
a
Q 0
ExistingTenant
APPENDIX A. PARKING SURVEY
P6084 - Arcadia Wine Cave Parking Study
16 N. First Street, Arcadia
Date
Day
By
Weather
Thursday
5/19/2011
YW
Sunny
3:00 PM
3:30 PM
4:00 PM
4:30 PM
7:00 PM
7:30 PM
8:00 PM
8:30 PM
Available space during peak usage 27 40
Peak usage
Impact Zone 1: Immediate Impact Areas
Impact Zone 2: Extended Impact Areas
APPENDIX A. PARKING SURVEY
P6084 - Arcadia Wine Cave Parking Study
16 N. First Street, Arcadia
Date
Day
By
Weather
Friday
5/20/2011
YW
Sunny
Area B D E
Impact Zone** 2 1
Zone 1
B+C+D)
Total
A thru E)
121
CAPACITY 10 55 45
3:OOPM
3:30 PM
4:00 PM
4:30 PM
4
2
2
2
1
2
1
2
2
2
7:00 PM
7:30 PM
8:00 PM
8:30 PM
0;00 PM
11:00 PM
1
2
2
3
2
1
2
0
1
1
1
3.3
28
30
26
1
19
17
14
9
6
32
27
27
6,6..
37
31
34
29
38
35
39
28
13
8
Peak Usage
24
20
16
12
7
43 84
Available space during peak usage 23 37
Peak usage
Impact Zone 1: Immediate Impact Areas
Impact Zone 2: Extended Impact Areas
APPENDIX A. PARKING SURVEY
P6084 - Arcadia Wine Cave Parking Study
16 N. First Street, Arcadia
Area
Impact Zone'"*
CAPACITY
Date
Day
By
Weather
Saturday
5/21/2011
YW
Cloudy
Zone 1 Total
B +C +D) (A thru E)
66 121
3:00 PM
3:30 PM
4:00 PM
4:30 PM
7:00 PM
7:30 PM
8:00 PM
8:30 PM
Peak usage
Impact Zone 1: Immediate Impact Areas
Impact Zone 2: Extended Impact Areas
Available space during peak usage 49 66
APPENDIX A. PARKING SURVEY
P6084 - Arcadia Wine Cave Parking Study
16 N. First Street, Arcadia
Date
Day
By
Weather
Sunday
5/22/2011
YW
Cloudy
Area A B C 0 E
Impact Zone** 2
Zone 1
B +C +D)
Total
A thru E)
121
CAPACITY 10
3:00 PM
3:30 PM
4:00 PM
4:30 PM
2
2
1
1
1
2
7:00 PM
7:30 PM
8:00 PM
8:30 PM
0
1
1
0
1
1
1
1
2
1
1
55
7
7
7
45 66
4
6
7
7
11:00 PM 0 0 1
21, .
8
4
4
10
10
10
9
25
24
32
34
17
13
7
8
9
9
6
Peak Usage 14
Available space during peak usage
Peak usage
Impact Zone 1: Immediate Impact Areas
Impact Zone 2: Extended Impact Areas
52
19
43
78
APPENDIX A. PARKING SURVEY
P6084 - Arcadia Wine Cave Parking Study16N. First Street, Arcadia
Date
Day
By
Weather
Monday
5/23/2011
YW
Sunny
Area A B C D E Zone 1 Total
Impact Zone'** 2 1 1 1 2 ( =
B +C +D) (A thru E)
CAPACITY 10 8 3 55 45 66 121
7:00 PM
7:30 PM
8:00 PM
8:30 PM
1;7
1
11:00 PM 0 0 1 7 13 8 21
Peak Usage 23 55
Available space during peak usage 43 66
Peak usage
Impact Zone 1: Immediate Impact Areas
Impact Zone 2: Extended Impact Areas
APPENDIX A. PARKING SURVEY
P6084 - Arcadia Wine Cave Parking Study
16 N. First Street, Arcadia
Area A B
Date
Day
By
Weather
D E
Impact Zone** 2
CAPACITY.
2
Zone 1
B +C +D)
Tuesday,
5/24/2011
YW
Sunny
10 55 45 66.
Total
A thru E)
1.21
3:00 PM 1 3 1 17 21
3:30 PM 0 2 1 15 33 18
4:00 PM 1 2 13 35 16
4:30 PM 2 1 16 33 19
6:30pM 2 0
2 27:00 PM. 1 17 25 20
7:30 PM 0 1
8:00 PM
1 19 27 21
2 1 16 25 19
8:30 PM 1 1 1 13 28 15
0.
00P
101 0 PM
5 15
4 14
11:00 PM 0 0 1 4 12 5
Peak Usage 23 60
Available space during peak usage
Peak usage
Impact Zone 1: Immediate Impact Areas
Impact Zone 2: Extended Impact Areas
43 61
APPENDIX A. PARKING SURVEY
P6084 - Arcadia Wine Cave Parking Study
16 N. First Street, Arcadia
Area
Impact Zone**
CAPACITY i A
2
10
B
1
8
C I D
1
PM
3:30 PM
4 :00 PM
4 :30 PM
7:00 PM
7:30 PM
8:00 PM
8:30 PM
3
2
2
4
2
0
1
1
4
1
1
1
1
1
55
19
16
18
17
18
14,
16;
E
2
45
Date Wednesday
Day 5/25/2011
By YW
Weather Sunny
Zone 1
B +C +D)
66
Total
A thru E)
121
32
31
30
30
3
2
1 0
1
1
1
14
15;
17
16
16
16
11::.
31
28
23
25
25
1;0:0 PM
1010 PM.
11:00 PM 1 0 1
0.
5
1.7 .
19
19
19
20
1
21,:
1.7
19
19
20
17
12
12
Peak Usage
Available space during peak usage
Peak usage
Impact Zone 1: Immediate Impact Areas
Impact Zone 2: Extended Impact Areas
6
22
44
Appendix B. Tenant Information & Parking per Code
P6084 - Arcadia Wine Tasting Parking
7/5/2011
K2 Traffic Engineering, Inc.
Address Name Land Use Sq. Ft Parking Code
Parking
Reduction
Parking
Req't
The Frame House Retail 2,200 5 space per 1000 sf 25% 8
12 N. First Street
16 1/2 N. First Street Apartment (1 -unit)
Mixed -Use
Residential 1,000 1.5 spaces per unit N/A 1
16 N. First Street
Proposed Retail Wine and Cheese
Shop with Wine Tasting Retail /Bar 1,700 10 spacesper 1000 sf , 25% 13
Total 4,900 22
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project:
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):
CUP 11 -11, a wine tasting bar with 1,700 square feet of floor area.
16 N. First Avenue
3. Entity or person undertaking
project:
A.
B. Other (Private)
1) Name Matt Jeng
2) Address 713 W. Duarte Road #G303,
Arcadia, CA 91007
4. Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project inaccordancewiththeLeadAgency's "Local Guidelines for Implementing the California EnvironmentalQualityAct (CEQA)" has concluded that this project does not require further environmental assessmentbecause:
a. p 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: 15303 - a restaurant or similar structure not exceeding2,500 square feet in floor area.
The project is statutorily exempt.
Applicable Exemption:
g• The project is otherwise exempt
on the following basis:
h. The project involves another pubic agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: June 14, 2011
Preliminary Exemption Assessment\2010
Staff: Tom Li, Associate Planner
FORM "A"
Attachment No. 5
Attachment No. 5
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: An amendment to Conditional Use Permit No. CUP 11-11 to
allow the existing wine tasting room (dba: N16 Cellars) to serve
whisky and wine since the CUP currently limits the tasting room
to wine only at 16 N. 1st Avenue. The Applicant is also
requesting a change in their business hours from 1:00 p.m. to
11:00 a.m., to 11:00 a.m. to 11:00 p.m., daily. with a
Categorical Exemption under the California Environmental
Quality Act (“CEQA”)
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):
16 N. 1st Avenue (E. Huntington Dr. & N. 1st Ave.)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Lenore Jiao, Applicant
(2) Address 16 N. 1st Avenue
Arcadia, CA 91006
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of thi s 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:
July 14, 2020
Staff:
Luis Torrico, Senior Planner