HomeMy WebLinkAbout2061RESOLUTION NO. 2061
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, 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 THEIR BUSINESS HOURS AT 16 N. 1STAVENUE.
WHEREAS, on April 21, 2020, an application to amend Conditional Use Permit
No. CUP 11-11 was filed by the business owner ("Applicant') 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 p.m., to 11:00 a.m. to 11:00 p.m., daily at 16 N. 1 st Avenue (the "Project'); and
WHEREAS, on June 3, 2020, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
("CEQA") and recommends that the Planning Commission determine that the Project
qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a)
of the CEQA Guidelines as the use of an existing facility; and
WHEREAS, on July 14, 2020, a duly noticed public hearing was held before the
Planning Commission on said application, at which time all interested persons were given
full opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The factual data submitted by the Community Development Division
in the staff report dated July 14, 2020 are true and correct.
SECTION 2. This Commission finds that based upon the entire record, pursuant
to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can
be made.
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1. The proposed use is consistent with the General Plan and any applicable
specific plan.
FACT: Approval of the Project 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 Project is consistent with General Plan and the following
policy:
Land Use and Community Desiqn Element
Policy LU -6.7: Encourage a balanced distribution of commercial development
throughout the City, ensuring that neighborhoods and districts have adequate
access to local -serving commercial uses.
2. The proposed uses are allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and complies with all other applicable provisions of
the Development Code and the Municipal Code,
FACT: The zoning of the site is 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 Project 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
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the two public parking lots. Therefore, the Project 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.
FACT: The existing wine tasting room is located within an existing commercial unit
on the ground floor of a commercial building. The Project will provide additional
opportunities to their business and within the Downtown area. The Project 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 Project 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;
FACT: 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 Project. The Project will not intensify the parking demand;
therefore, Staff does not have any concerns with parking.
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B. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access;
FACT: The property is located along N. 151 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. 15t 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 Project will not impact these rights-of-way.
C. Public protection services (e.g., fire protection, police protection, etc.); and
FACT: The existing tasting room is located within an existing commercial
building. Conditions of approval have been included to ensure the Project will be operated
in a safe manner, and not impact public protection services. 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.).
FACT: The subject property is developed with an existing commercial building,
which is adequately serviced by existing utilities. The Project does not include new
construction that will impact provision of utilities, nor will the tasting 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
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to the improvements, persons, property, or uses in the vicinity and zone in which the
property is located.
FACT: The Project 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 or 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 are anticipated
from the Project.
6. This Project is Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of
an existing facility.
SECTION 3. For the foregoing reasons the Planning Commission determines that
the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California
Environmental Quality Act (CEQA) Guidelines, and approves an amendment to
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 p.m., to
11:00 a.m. to 11:00 p.m., daily at 16 N. 15t Avenue, subject to the conditions of approval
attached hereto.
f.]
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 14th day of July, 2020.
ATTEST:
C-� A , -
Lisa L. Flor
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Deborah Lewis
Chair, Planning Commission
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §:
CITY OF ARCADIA )
I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 2061 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at
a regular meeting of said Planning Commission held on the 141h day of July, 2020 and that
said Resolution was adopted by the following vote, to wit:
AYES: Chair Lewis, Vice Chair Wilander, and Commissioners Chan, Lin, and Thompson
NOES: None
ABSENT: None
0 A -1)
Lisa L. Flores
Secretary of the Planning Commission
RESOLUTION NO, 2061
Conditions of Approval
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 limited 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.
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
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Planning & Community
Development Administrator, Fire Marshal, and Public Works Services Director.
Any changes to the existing facility may be subject to having fully detailed plans
submitted for plan check review and approval by the aforementioned City officials
and employees, and may be subject to building permits.
Noncompliance with the plans, provisions and conditions 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 officials, officers,
employees or agents to attack, set aside, void, or annul any approval or conditional
approval of the City of Arcadia concerning this project and/or land use decision,
including but not limited to any approval or conditional approval of the City Council,
Planning Commission, or City Staff, which action is brought within the time period
provided for in Government Code Section 66499.37 or other provision of law
applicable to this project or decision. The City shall promptly notify the Applicant
of any claim, action, or proceeding concerning the project and/or land use decision
and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its
officials, officers, employees, and agents in the defense of the matter.
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.
11. If the business does not open its front doors to the general public after all the
businesses reopen from COVID-19, this shall be grounds for immediate
suspension or revocation of this Conditional Use Permit, including the Amendment
to the Conditional Use Permit, and termination of the business license. The
suspension, revocation, and/or termination is subject to review by the Planning
Commission.
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