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HomeMy WebLinkAbout2083RESOLUTION NO. 2083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 21-03 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW SPEAKEASY -STYLE BAR AND LOUNGE AND A NAIL SALON AT THE FRONT PORTION OF THE UNIT AT 144 E. HUNTINGTON DRIVE WHEREAS, on March 25, 2021, an application for Conditional Use Permit No CUP 21-03 was filed by the business owner, Scott Chen c/o Urban Cowboys LLC ("Applicant'), for a new speakeasy -style bar and lounge and a nail salon at the front portion of the unit (dba: Pretty Little Things) at 144 E. Huntington Drive (the "Project'); and WHEREAS, on September 17, 2021, 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 October 12, 2021, 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 October 12, 2021 are true and correct. I 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. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the Project is consistent with the Commercial Land Use Designation of the site and the Downtown Mixed Use that is to the north of this area, and it will not adversely impact the goals and policies of the General Plan. The Commercial designation within the Downtown area is intended to provide opportunities for a wide range of complementary commercial uses, including drinking establishments, entertainment uses, and personal services, which serve both neighborhood and citywide markets. The Project will provide the general public with an active and a unique experience that will help bring vitality to the Downtown area. Therefore, the Project is consistent with General Plan and the following policies: Land Use and Community Design Element Policy LU -1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. 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. 04 Policy LU -10.4: Establish commercial uses that complement the vision of the Downtown core with opportunities for more intense, quality development at key intersections that are unique from the regional offerings at the regional mall. 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 CBD, Central Business District. Arcadia Development Code Section 9102.05.020, Table 2-10, allows bars and lounges in the CBD zone with an approved Conditional Use Permit and a nail salon as a permitted by -right use. The Project is in compliance with all applicable development standards and land use regulations of the CBD zone, meets the parking requirements since the site is located within the City's Downtown Parking Overlay, which does not require additional parking for a change in use, and it will not change the characteristics of the Downtown area. 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 Project will be located within an existing 3,375 square foot commercial unit on Huntington Drive in Downtown Arcadia. The Project would fill a vacancy in the existing commercial building and help activate this portion of the Downtown area, while providing a conveniently located commercial use to the residents and visitors to the City of Arcadia. The proposed nail salon will operate from 11:00 a.m. to 5:00 p.m. and the speakeasy bar will operate from 5:30 p.m. to 2:00 a.m. For safety measures, the Applicant will have security monitoring guests during hours of operation for the speakeasy bar and will install a surveillance camera system. Noise is proposed to be contained through a W condition of approval requiring all exterior doors to remain closed during business hours and a condition of approval requiring guests to enter and exit through the front of the business is being proposed to keep all pedestrian activity away from the multi -family residences within proximity to the rear of the subject unit. The live entertainment/music will be reviewed through an Entertainment Permit from the Business License Division. The Applicant does not intend to operate the Project with a nightclub atmosphere but more so as a specialty drinking establishment for patrons who appreciate craft cocktails. Additionally, the CBD zone was created with the consideration of uses such as restaurants, bars, and nail salons. With appropriate conditions of approval, the Project can be operated in a manner that achieves a balance between maintaining quality of life for downtown businesses and residents, and the objective of having a vibrant downtown. Therefore, the Project is compatible with the existing and future land uses in the vicinity. 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 site is physically suitable for the Project because the business will occupy a commercial unit within an existing building. The site does not require additional parking for a change in use but adequate street parking and public parking on City lots are available in the Downtown area. Furthermore, the Project expects to attract customers through ride share services such as Uber/Lyft as opposed to driving and also hopes to attract some customers through the Metro Gold Line. Additionally, most retail and office 4 uses in the vicinity are closed during the proposed business hours of the speakeasy bar which would lessen the demand for parking in the area. No additional exterior construction is being proposed for occupation of this site. 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 on the south side of E. Huntington Drive and has access from Huntington Drive and an alley way at the rear of the property. Huntington Drive is adequate in width and pavement type to carry the traffic generated by the proposed use 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 Project has been reviewed by the Arcadia Fire and Police Departments and no safety concerns were raised. As a safety measure, the Applicant will be installing surveillance cameras and will have security on site during business hours. 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. There are adequate utilities to service this site and business, specifically the new restrooms that will be added to the subject unit will not impact the existing infrastructure as the site is capable of handling this type of demand. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, 5 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. FACT: The Project will serve a "public convenience and necessity" and is in accordance with the City's policies to attract new businesses to enhance the economic base of Downtown Arcadia. The Project will also be required to comply with the California Department of Alcoholic Beverage Control ("ABC') regulations. The Arcadia Police and Fire Departments have reviewed the application and did not have any concerns. Conditions of approval regarding noise attenuation and required periodic inspections to assess any adverse impacts have been included to mitigate any potential negative impacts resulting from the business operations. Therefore, the Project will not adversely affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject property. The Project will not be materially detrimental to the use of the property or other properties within the vicinity since the development standards will be met, noise will be contained, and adequate public parking is available. 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 Conditional Use Permit No. CUP 21-03 for a new speakeasy -style bar and lounge within an existing commercial unit M and a nail salon at the front portion of the unit to hide the bar (dba: Pretty Little Things) at 144 E. Huntington Drive, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 12th day of October, 2021. ATTEST: 04 ' -I -' Lisa L. Flo Secretary JV APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 7 Marilynne Wilander 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. 2083 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 12th day of October, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Wilander, Commissioners Chan, Thompson, and Tsoi NOES: None ABSENT: Vice Chair Lin C,4'L Lisa L. Flores Secretary of the Planning Commission E RESOLUTION NO. 2083 Conditions of Approval The use approved by CUP 21-03 is limited to a speakeasy -style bar and lounge and a nail salon within an existing 3,375 square foot commercial unit. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 21-03, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted by the Planning & Community Development Administrator, or designee, after due notice to address any adverse impacts to the neighboring businesses and properties. The use shall be operated only as a speakeasy bar and nail salon and shall not be operated solely as a bar and lounge. This approval is only for a speak-easy style bar, and not a stand-alone bar. Any changes in use for the nail salon portion of the business that hides the speakeasy bar shall be subject to the discretion of the Planning & Community Development Administrator. 2. Alcoholic beverage service shall be limited to beer, wine, and distilled spirits (ABC Type 48 License) and shall only be served during the approved hours of operation for the speakeasy bar. No sales, service, and on-site consumption of beer and wine is permitted outside of interior walls of this unit. 3. The business hours for the speakeasy bar shall fall between 5:30 p.m. and 2:00 a.m., daily. The business hours for the nail salon portion of the business shall not overlap the business hours for the speakeasy bar. No customers shall be allowed within the bar and lounge area outside of the business hours for the speakeasy bar. 4. Any live entertainment/music shall be subject to an Entertainment Permit from the Business License Division, and it may be subject to additional conditions of approval that limit the hours and time to ensure it does not create any potential impacts to the neighboring properties. 5. No exterior changes to the existing building are permitted with this approval. Any improvements to the exterior of the building shall be subject to the City's Design Review Permit. Any new exterior signs shall be subject to the City's Sign Design Review Permit. 6. Surveillance cameras shall be provided on-site. The location and number of cameras shall be subject to review by the Police Chief or designee prior to issuance of a Certificate of Occupancy from the Building Division. 7. All doors shall remain closed during business hours. Any ambient music inside the business shall not be audible outside of the bar and lounge. 8. All customers shall enter and exit the business through the front door. The rear door shall only be used as an emergency exit. There shall be no excessive loitering in front of the business. 9. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 10.A fire sprinkler system and fire alarm monitoring system shall be required. 11.All exit doors shall swing in the direction of travel and be equipped with panic hardware. Illuminated exit signage and emergency lighting shall be provided. 12.A knox box shall be provided adjacent to the front entrance. 13.The Property Owner/Applicant shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 14. Noncompliance with the plans, provisions and conditions of approval for CUP 21- 03 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the business. 15. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City ("Indemnitees") harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant's activities in connection with CUP 21-03 on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant's contractors, agents, tenants, employees or any other persons acting on Applicant's behalf, which relate to the 10 development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days' notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City's legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non -appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third -party challenge(s) or take any position adverse to the Applicant in connection with such third -party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 16. Approval of CUP 21-03 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