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Home My WebLink About1557 . RESOLUTION NO. 1557 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CONDITIONAL USE PERMIT NO. CUP 94.006 TO MODIFY THE HOURS OF OPERATION AT CLUB 101 BAR & GRILLE AT 16 EAST HUNTINGTON DRIVE. WHEREAS, on September 16, 1997, a complaint was filed with the Community Development Division regarding violations of the conditions of approval of the Conditional Use Permit for Club 101 Bar & Grille, Development Services Department Case No. CUP 94.006 at 16 E. Huntington Drive, more particularly described as follows: Lot 30, of Block 73, of the Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Map Book IS, Pages 89 and 90, in the Office of the Recorder of Said County. . WHEREAS, on September 17, 1997, an inspection was conducted that verified the violations of Conditional Use Permit No. CUP 94-006; and WHEREAS, a public hearing was held on October 14, 1997, and November 12, 1997, to consider revocation of the Conditional Use Permit, at which times all interested persons were given full opportunity to be heard,and to present evidence; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION I. That the factual data submitted by the Development Services Department in the attached reports is true and correct. SECTION 2. That this Commission finds: A. That with the exception of the changes to the operating hours of the kitchen, all of the violations have been remedied. B. That the applicant has been trying, in good faith, to comply with the conditions of approval. C. That it was the applicant that proposed to reduce the hours of operation to better enable compliance with the condition of approval which requires full operation of the kitchen. . SECTION 3. That for the foregoing reasons this Commission does not revoke or suspend the Conditional Use Permit, but, amends Condition No.1 to be as follows: . . . The hours of operation shall be 4:00 p.m. to 2:00 a.m. on weekdays, and 10:00 a.m. to 2:00 a.m. on weekends and holidays, and it is required that the kitchen be fully operational with a full menu available from 5:30 p.m. to 1:00 a.m. on weekdays, and II :30 a.m. to I :00 a.m. on weekends and holidays. These hours of operation are subject to reevaluation by the Planning Commission pursuant to a noticed public hearing. SECTION 4. The decision and findings contained in this Resolution reflect the Planning Commission's action of November 12, 1997 by the following vote: A YES: Commissioners Bell, Bruckner, Huang, Sleeter and Kalemkiarian NOES: None ABSENT: Chairman Murphy SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia I HEREBY CERTIFY that the foregoing Resolution No. 1557 was adopted at a regular meeting of the Planning Commission held on November 25,1997 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners Bell, Huang, Kalemkiarian and Sleeter None Commissioner Bruckner Chainnan Murphy ecretary, Planning Commission City of Arcadia APPROVED AS TO FORM: ~ ~/ /r)11/L- Michael H. Miller, City Attomey City of Arcadia - 2- 1557 . . STAFF REPORT D~OPMENTSER~CESDEPARTMENT November 12,1997 TO: Chairman and Members of the Arcadia City Planning Commission FROM: Donna Butler, Community Development Administrator By: James M. Kasama, Associate Planner SUBJECT: Revocation of CUP 94-006 & Resolution No. 1513 Club 101 Bar & Grille at 16 E. Huntington Drive SUMMARY On September 16, 1997, the Community Development Division received a complaint that the Club 101 Bar & Grille at 16 E.Huntington Drive was not in compliance with its Conditional Use Permjt (CUP 94-006). An inspection confirmed the noncompliance situation and a revocation hearing was scheduled for October 14, 1997. . On October 14, 1997 the Planning Commission opened the revocation hearing and accepted testimony from the applicants, and continued the hearing to allow staff to gather information regarding the definition of a restaurant. That information is included in this report. The Development Services Department is recommending that Conditional Use Permit No. CUP 94-006 be revoked for noncompliance with the conditions of approval. BACKGROUND CUP 94-006 was granted to Paula Zdara and Doris Ferguson on July 12, 1994 by Resolution No. 1513 (copy attached) to extend the hours of operation, and add karaoke entertainment. One of the conditions of approval was that, "the kitchen be fully operational with the full menu available from II :30 a.m. to I :30 a.m." The purpose of this condition is to ensure that the business operates as a restaurant, and not as a bar or cocktail lounge. The distinction that the bar/cocktaillounge is accessory to the restaurant is important because in 1993 the Arcadia Redevelopment Agency deemed bars and cocktail lounges to be "Inappropriate Uses" within the Redevelopment Project Area by adopting ARA Resolution No. 172. That determination was codified by the adoption and application of the . . . . . Central Business District (CBD) zoning in 1996. Therefore, CUP 94-006 could not have been approved unless the proposed business was primarily a restaurant. In September, it came to the attention of the Development Services Department that there were numerous Code violations, as well as a violation of the condition of approval that requires a fully operational kitchen. On October 14, 1997, the Planning Commission commenced a revocation hearing. The applicants, Paula Zdara and Doris Ferguson, provided testimony and documents indicating that they were not in compliance with the conditions of approval of CUP 94-006 with regard to the hours of operation, but, that they are operating as a restaurant with a fully operational kitchen and a full menu. The applicants stated that they would like to shorten their hours of operation (i.e., open at 4:00 p.m. and begin food service at 5:30 p.m.). The Planning Commission discussed what aspects of a food service business constitute a restaurant. In particular, how much of the sales should be derived from food service. The Commission asked staff to gather information from other communities about defining a restaurant. The Commission continued the hearing. Staff has found that most cities do not address the amount of food sales in their definitions of restaurant. The City of Anaheim, however, requires that food and non-alcoholic beverage sales . comprise a minimum of 60% of the gross income. The full text of their definition is attached. RECOMMENDATION Based on the observations made at the September 17, 1997 inspection, the subsequent random inspections, and the testimony presented at the October 14, 1997 meeting, it is clear to staff that this business is not in compliance with CUP 94-006. Furthermore, it is staff's opinion that they are not operating as a restaurant. The Development Services Department recommends that the Planning Commission develop a definition of restaurant to be applied to CUP 94-006 and specify a time period within which the applicants must bring the business into compliance with CUP 94-006; or that CUP 94-006 be revoked for noncompliance with the conditions of approval. If the Planning Commission wishes to allow the applicants to shorten their hours of operation, the Commission may do so at this hearing. A separate, fully noticed public hearing is not necessary because this would not be an expansion of their operation. Similarly, should the Commission wish to alter any other aspects or conditions of approval (e.g. the closing time, the floor plan, etc.) of CUP 94-006, the Commission may do so at this hearing provided it does not result in an expansion of the activities allowed by CUP 94-006. . CUP 94-006 -- Revocation November 12,1997 Page 2 . . . . . . FINDINGS AND MOTION The Planning COlIlIl1ission should, based upon the testimony and evidence presented, state findings as to the defInition of restaurant with regard to the compliance status of Club 101 Bar & Grille, and move to revoke or sustain CUP 94-006 and direct staff to prepare an appropriate resolution. The Planning Commission's options are as follows: A) Revoke CUP 94-006. B) Sustain CUP 94-006 by stating a definition of restaurant to be applied to Club 101 Bar & Grille, specify a time within in which the conditions of approval must be complied with, and schedule a reevaluation hearing. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the November 12th public hearing, please contact Associate Planner, Jim Kasama at (818) 574-5445. Approved by: Donna L. Butle Community Development Administrator Attachment: Planning Commission Resolution No. 1513 Definitions of restaurant CUP 94-006 -- Revocation November 12, 1997 Page 3