Loading...
HomeMy WebLinkAboutDecision Letter City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ArcadiaCA.gov October 13, 2022 EXP LLC Attn: Rex Li 153 S. Hudson Ave, Unit 201 Pasadena, CA 91101 Subject: Minor Use Permit No. MUP 22-05 and Major Administrative Modification No. Major AM 22-10 Project Address: 1020 S. Baldwin Avenue (dba: EXP Barcade) Dear Mr. Li: The public comment period for Minor Use Permit No. MUP 22-05 and Major Administrative Modification No. Major AM 22-10 ended on September 30, 2021. Staff did not receive any comments during the public comment period. The Development Services Department has conditionally approved the Minor Use Permit and Major Administrative Modification for the requests to allow outdoor dining (34 seats) with alcoholic beverage service for on-site consumption and the retail sale of alcoholic beverages for off-site consumption at the EXP Barcade (arcade) located at 1020 S. Baldwin Avenue. The request also includes a parking modification for the additional 6 parking spaces that are required for the outdoor dining area. The project is subject to the conditions of approval listed below. The existing arcade includes a computer room, a restaurant, a bar and eight (8) karaoke rooms, and currently occupies an existing one-story commercial building. The arcade operates from 10:00 AM to 12:00 AM, Sunday through Thursday and from 10:00 AM to 2:00 AM, Fridays and Saturdays. The outdoor seating area will be located at the exterior north rear corner of the arcade and will only operate from 10:00 AM to 10:00 PM, daily. Like other struggling businesses during the Covid pandemic, the arcade was temporarily permitted by the California Department of Alcoholic Beverage Control to sell alcoholic beverages for off-site consumption with take-out food orders. The Applicant is now requesting to continue this permanently and only sell the drinks at the bar and restaurant areas. Both the on-site and off-site consumption of acholic beverages fall under the Type 47 ABC License. Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may be approved if all of the following findings can be made: 1. That the proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue 2. That the proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. 3. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. 4. That the site is physically suitable in terms of 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; streets and highways are adequate in width and pavement type to accommodate public an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. 5. That 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. Based on the information available, the approved project, as conditioned, satisfies all the required findings necessary to grant a Minor Use Permit (refer to Attachment 1). According to Arcadia Development Code Section 9107.05.050, it states that an Administrative Modification may be approved if at least one of the following findings can be made. 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. The request is to allow two new ancillary uses; outdoor dining (34 seats) with alcoholic beverage service for on-site consumption and to allow the retail sale of alcoholic beverages for off-site consumption. The outdoor dining requires a total of 6 parking spaces, as one parking space is required for every six seats. Parking for the site is provided by three connected and continuous parking lots (1020 S. Baldwin Avenue, 1010 S. Baldwin Avenue, and 652 Fairview Avenue) that are tied by a reciprocal parking and access easement with a total of 125 parking spaces. Previous parking modifications have been processed for the site since the combined total parking for all of the uses is greater than what is available onsite. However, the demand on the site has been less than what has been required, as such the modifications have been approved. Currently, the total number of required parking spaces per Code is 141 and since the outdoor dining requires 6 additional parking spaces, a Major Administrative Modification is required. However, since the existing arcade primarily operates as an entertainment hub that includes a variety of components such as arcade machines, a computer lab, karaoke rooms, a bar MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue and a restaurant, the outdoor dining is just an added amenity to an existing ancillary food service. Thus, it will be the same clientele of the arcade that will be utilizing the dining outdoor area, unlike in restaurants where outdoor dining increase their capacity. Staff also observed that the site had sufficient parking during the proposed hours of operation to accommodate the six required parking spaces during the proposed hours of operation. As such, the site has the parking capacity not only for the arcade but for all of the other uses that share the parking. Therefore, the parking modification will help to secure an appropriate improvement by allowing the existing arcade to add an ancillary use that complements the existing entertainment and food services. The proposed project qualifies as a Class 1 Categorical Exemption for the use of existing facilities from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Conditions of Approval 1. The approval is limited to Minor Use Permit No. MUP 22-05 and Major Administrative Modification No. Major AM 22-10 for the requests to: (1) add outdoor dining (34 seats) with alcoholic beverages service for onsite consumption (2) allow the retail sale of alcoholic beverages for off-site consumption at the existing arcade. These new uses shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for MUP 22- 05 and Major AM 22-10. Periodic inspections may be conducted to ensure compliance with the provisions of this approval. Should any potential noise or loitering impacts to neighboring businesses and properties occur, the Property Owner/Applicant will be notified by the City and the issues must be corrected within 30 days of notice. If the issue continues to persist or it is not resolved within a timely manner as determined by the Planning & Community Development Administrator or designee, the Administrator has the ability to revoke this approval. 2. The outdoor dining hours of operation are limited to 10:00 AM to 10:00 PM, daily. 3. No alcoholic beverages and loitering shall be allowed beyond the perimeter of the outdoor dining area. 4. No more than 34 seats shall be in the outdoor dining area. 5. The Property Owner/Applicant shall submit a floor plan with the outdoor dining area to the Building Division for their review and approval prior to the operation of the outdoor dining area. The floor plan must comply with the following: a. Chapter 11B of the California Building Code. b. Chapter 10 of the California Building Code and the Chapter 10 of the California Fire Code to ensure compliance with, but not limited to, occupancy standards, emergency exits standards (signage, lighting, and panic hardware), building egress, etc. MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue 6. Outdoor heaters are not allowed within three feet of fire sprinkler. 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 8. Noncompliance with the plans, provisions and conditions of approval for MUP 22- 05 and Major AM 22-10 be grounds for immediate suspension or revocation of any approvals. 9. To the maximum extent permitted by law, Property Owner/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 Property Owner/Applicant’s activities in connection with MUP 22-05 and Major AM 22-10 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Property Owner/Applicant or those of the Property Owner/Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the 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 Property Owner/Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Property Owner/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, Property Owner/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, Property Owner/Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue 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 Property Owner/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 Property Owner/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 Property Owner/Applicant. There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $676.00 appeal fee by 5:30 p.m. on Monday, October 24, 2022. Approval of MUP 22-05 and Major AM 22-10 shall not be of effect unless the property owner and applicant have executed and filed the enclosed Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance Form is due now and if it is not received by November 23, 2022, this approval will become null and void. This approval shall expire in one year (October 25, 2023) from the effective date unless plans are submitted to Building Services for plan-check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved plans and any conditions of approval. Any inconsistency from the approved plans may preclude the issuance of a building permit. An extension may be granted by the Development Services Director or designee, or the Review Authority that approved the project for a maximum period of one (1) year from the initial expiration date. An extension can only be granted if the required findings can be made. Please note that acceptance of an extension request does not indicate approval of an extension. A building permit and inspection may be required for any construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation and permits needed. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter. I would also like to make you aware that today us my last day with the City of Arcadia and that Lisa Flores the Planning and Community Development Administrator will now be the primary contact for this item. If you have any questions, you reach her at (626) 574-5445 or by email at lflores@arcadiaca.gov. Thank you. MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue Sincerely, DEVELOPMENT SERVICES DEPARTMENT Vanessa Quiroz Associate Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Ankaa Live Plaza LLC, Property Owner Jinda Korprapun, Neighbor MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue Attachment 1: Required Findings for Approval of a Minor Use Permit Pursuant to Development Code Section 9107.09.050 FINDINGS YES NO 1. That the proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. The proposed outdoor dining with alcoholic services and the retail sale of alcoholic beverages for off-site consumption are consistent with the Commercial General Plan land use designation, which is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The two requests will add ancillary uses that will further diversify the services of the existing arcade and will continue to provide an entertainment hub for the residents of arcade and the general public. The zoning of the site is General Commercial (C-G) and the Arcadia Development Code Section 9102.03.020 allows Outdoor Dining (34 seats) and Sale of Alcohol for both onsite and offsite consumption in the C-G Zone subject to approval of a Minor Use Permit. Therefore, the proposed outdoor dining with alcoholic services for on-site consumption and the retail sale of alcoholic beverages for off-site consumption will be in compliance all applicable provisions of the Development and Municipal Code and will not adversely affect the comprehensive General Plan or any applicable specific plan. ☒ ☐ 2. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. The request is to add two new ancillary uses to the existing arcade business that already includes a restaurant and a bar as part of their operation. No changes to the overall operational characteristics of the exiting use are proposed. The outdoor dining area will be located at the rear north corner of the building away from street public view. The existing security standards such as the wristbands for underage customers, security guards at the entries, and security guards roaming the inside and outside of the building will continue to monitor the business to ensure the safety of the customers and the public and that there are no impacts to the adjacent residential and commercial properties. There is another restaurant that provides outdoor dining and two other businesses that sell alcoholic beverages for off-stie consumption within the surrounding vicinity along S. Baldwin Avenue. Therefore, the arcade remain compatible with the existing and future land uses in the vicinity. ☒ ☐ MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue 3. That the site is physically suitable in terms of 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; streets and highways are adequate in width and pavement type to accommodate public an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. The requests are just to add two new ancillary uses to the existing arcade business that are already provides dining and sale of alcoholic beverages on-site consumption. The existing site has sufficient space to accommodate the outdoor dining area underneath an existing outdoor patio at the rear north corner of the one-story commercial building and will not interfere with the existing vehicular circulation nor parking on site. Although the outdoor dining requires six additional parking spaces, the outdoor dining area will only serve the existing customers of the arcade, unlike the outdoor dining of a restaurant which increases their service capacity. Staff also visited the site on several occasion there was more than enough parking to accommodate the required six parking spaces. Therefore, the existing 125 parking spaces will continue to accommodate the parking demand for the arcade and the neighboring businesses at 1010 S. Baldwin Avenue that share the parking. The site is located along S. Baldwin Avenue and can be accessed from Fairview Avenue and Arcadia Avenue. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. The existing public protection services and utilities will continue to services that existing site and business. Therefore, the site will continue to and has the capacity to accommodate the existing business and new ancillary uses. ☒ ☐ 4.That 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. The proposed ancillary uses (outdoor dining with alcoholic service and the retail of alcoholic beverages) are compatible with other commercial uses not only in the C-G Zone, but with other commercial uses along S. Baldwin Avenue. The overall operation characteristics of the arcade will remain the same. The existing security and monitoring measure will remain in place to ensure that there are no impacts to the neighboring businesses and residential properties. The existing building, site, and parking are adequate to accommodate new ancillary uses and the business overall. Since the request consists of adding new ancillary uses to an existing business, the proposal qualifies as a Class 1 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as an existing facility. Therefore, the requests to allow outdoor dining (34 seats) with alcoholic ☒ ☐ MUP No. 22-05 and Major AM 22-10 1020 S. Baldwin Avenue beverage service for on-site consumption and the retail sale of alcoholic beverages for off-site consumption within an existing arcade will not impact the public convenience, health, interest, safety of general welfare, will not constitute a nuisance or be materially injurious to the community, nor will the arcade be out of character with uses in the general area.