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HomeMy WebLinkAbout1513 . . . . . RESOLUTION '1513 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDmONAL USE PERMIT NO, CUP 94-006 TO EXTEND THE HOURS OF OPERATION AND ADD KARAOKE ENTERTAINMENT AT THE RESTAURANT AND COCKTAIL LOUNGE AT 16 EAST HUNTINGTON DRIVE. WHEREAS, on May 6, 1994, a Conditional Use Permit application was filed by Paula Zdara, Doris Ferguson and Larry Lorin to extend the hours of operation and add karaoke entertainment at an existing restaurant and cocktail lounge, Planning Division Case No. CUP 94-006, at property commonly known as 16 East 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 15, Pages 89 and 90, in the Office of the Recorder of said County. WHEREAS, a public hearing was held on June 14, 1994, 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 HEREBY RESOL YES AS FOLLOWS: SECTION 1. That the factual data submitted by the Planning Division in the attached report is 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. To ensure such, this Conditional Use Permit shall be subject to a reevaluation by the Planning Commission at a public hearing six months from the date of implementation to determine whether or not the extension of the hours of operation and/or the addition of karaoke entertainment has been detrimental to the public health or welfare, or injurious to the property or improvements in that zone or vicinity. If the .,. . . . . reevaluatiO!l discloses any detrimental or injurious affects, the Planning Commission may amend the approval and impose additional conditions of approval to mitigate such affects, 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 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 existing restaurant and cocktail lounge operate under Conditional Use Permit No. CUP 78-7 (Resolution No. 1048) which granted Modifications for the existing parking and loading facilities. 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. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and, that based upon the record as a whole there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants a Conditional Use Permit to extend the hours of operation and add karaoke entertainment at the restaurant and cocktail lounge at 16 East Huntington Drive upon the following conditions: 1. The daily hours of operation shall be limited to 10:00 a.m. to 2:00 a.m., and it is required that the kitchen be fully operational with the full menu available from 11:30 a.m. to 1:30 a.m. These hours of operation are subject to reevaluation by the Planning Commission during the 6 months following implementation of the extended hours. 2. Maximum building occupancy, seating. arrangement, accessibility, egress, and safety features shall be provided and maintained to the satisfaction of the Building Division which shall include, but are not limited to, the following: a. Handicapped accessible toilet facilities for both sexes are to be provided in accordance with Federal Law; the Americans with Disabilities Act -2- 1513 . . . (ADA) and ~alifomia State Title-24. b. A one-hour corridor for the rear exiting of the building shall be provided. c. Exterior on-site parking for disabled persons shall be provided. d. The kitchen range canopy hood shall comply with the requirements of Chapter 20 of the Uniform Mechanical Code. e. A seating arrangement shall be submitted for review and approval and the approved plan shall be posted in a conspicuous location on the premises. 3. Fire protection, water supply, and maximum building occupancy shall be provided and maintained to the satisfaction of the Arcadia Fire Department, which shall include, but are not limited to, the following: a. Maximum occupancy signs shall" be posted in all public assembly . . areas. b. The fire alarm system is to be functional at all times and is subject to testing by the Arcadia Fire Department. c. Fire extinguishers of an approved size and type are to be provided at 50 foot intervals in all directions. d. Exit paths shall be clearly signed from all areas. e. A Knox Box shall be provided. f. A current and proper service tag shall be maintained on the kitchen range canopy hood. g. The exit from the kitchen shall be subject to review and approval by the Arcadia Fire Department. h. Plans for these and any other fire safety installations shall be reviewed and approved by the Fire Department prior to installation and implementation of this Conditional Use Permit, 4. Water supply and facilities shall be provided and maintained to the satisfaction of the Arcadia Water Division which shall include, but are not limited to, the following: a. Water flow for fire protection shall be maintained to the satisfaction of the Arcadia Fire Department. b. Any changes in size or location of existing and/or additional fire or domestic water services are to be provided by the Arcadia Water Division at -3- 1513 .. . . . . the expense ,of the property owner or applicants. c. All fire protection and landscape irrigation systems shall have backflow protection and are subject to review and approval by the Arcadia Water Division. 5. The applicant shall obtain all the required Business Licenses, Entertainment Permits, and Alcoholic Beverage Control Licenses, and shall comply with the Business Licensing and Game Machine Regulations stipulated in Article VI of the Arcadia Municipal Code, and the Karaoke Regulations stipulated in Article IX of the Arcadia Municipal Code. All licenses, permits and regulations shall be posted in conspicuous places on the premises. 6. A Modification for 5 parking spaces (2 standard, 2 handicapped on- site, and one space in Parking District II) in lieu of 50 is granted for CUP 94-006. 7. The parking area shall be redesigned to provide the required handicap spaces and access, shall be restriped according to the Arcadia Municipal Code, and shall include the required landscaping and trash enclosure. Plans for the redesign shall be subject to review and approval by the Planning and Building Divisions. 8. No loading activities shall take place at curbside along Huntington Drive or in the adjacent alley during operating hours. 9. The design of all exterior alterations to the building and signs shall be subject to review and approval by the Planning and Building Divisions and the Arcadia Redevelopment Agency. 10. The subject site, building and parking area shall be maintained in a manner that is consistent with the approval of CUP 94-006. 11. All of the conditions of approval shall be complied with, and completed prior to implementing the extended hours or the karaoke entertainment approved by CUP 94-006. Noncompliance with the provisions and conditions of CUP 94-006 shall constitute grounds for its immediate suspension or revocation which may result in closure of the restaurant. 12. Approval of CUP 94-006 shall not take effect until the property owner and applicants have executed and filed an Acceptance Form to indicate awareness and acceptance of the conditions of approval. SECTION 4. The decision, findings and conditions contained in this -4- 1~j3 . . . Resolution teflect the Commission's action of June 14, 1994 and the following vote: . . AYES: Commissioners Daggett, Huang and Clark NOES: Commissioners Hedlund and Kovacic ABSENT: None 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 was adopted at a regular meeting of the Planning Commission, held on the 12th day of July, 1994 by the following vote: AYES: Commissioners Hedlund, Huang,.Kovacic and Daggett NOES: None ABSENT: Commissioner Clark hairman, PIa ity of Arcadia ATTEST: ./ , ? ,'?,Uv/ 'Secretary, Plannin City of Arcadia APPROVED AS TO FORM: J/J.itd.lti~~~ -5- 1513 . . . , . . Staff contacted the Cities of Anaheim, Momovia, Pasadena, San Marino, San Gabriel, Sierra Madre, South Pasadena, and Temple City. Most of these Cities have definitions that are similar to the City of Arcadia's which was developed to differentiate a restaurant from a fast food facility or eating establishment. It reads as follows: 9220.51.1. RESTAURANT. Restaurant is a business conducted entirely within a building where food is prepared on the premises and said food is consumed by customers only when seated at the counter with fixed seats' or at the table or in the booth at which such food has been served to the customer, and where no food is permitted to be consumed on the premises or any parking lot maintained or used in connection with the restaurant other than within an enclosed building. A restaurant as thus defined may include (1) any cafeteria-type of operation where foods or beverages are consumed within the restaurant building, and (2) the incidental sale of prepared food for consumption only off of the premises and parking lot. The Cities of Anaheim and Pasadena include provisions that specify the amount of business that is to be derived from food sales, and the maximum amount of floor area for a bar. Their definitions are as follows: Anaheim RESTAURANT. An establishment which is engaged primarily in the business of preparing and serving meals for immediate consumption either on or off the premises. The term "primarily" shall mean that food and non-alcoholic beverage sales comprise a minimum of sixty percent (60%) of the gross income from the establishment's business operations. The food preparation of kitchen area for a Restaurant shall be permanently designed for food preparation and food storage purposes and shall constitute not less than twenty (20%) of the gross floor area of the Restaurant, including outdoor dining areas, Pasadena Eating Establishments. Businesses serving prepared food and beverages for consumption on or off the premises, Eating establishments that have a bar area exceeding 500 square feet or 30 percent of the dining area shall be classified as bars or taverns, . . STAFF REPORT DEVELOPMENT SENVlICES DEPARTMENT October 28, 1997 TO: Chairman and. Members of the Arcadia City Planning Commission FROM: Donna ButIer, Community Development Administrator By: James M. Kasama, Associate Planner SUBJECT: Continuance of revocation hearing for Club 101 Bar & Grille Conditional Use Permit No. CUP 94-006 A revocation hearing for noncompliance with the conditions of approval was initiated at the October 14, 1997, Planning Commission meeting. During the hearing, the applicant, Ms. Paula Zdara stated that she wished to have the Commission consider a revision of the weekday operating hours of Club 101 Bar & Grille so that they could open at 4:00 p,m., and provide food service beginning at 5:30 p.m., Monday through Friday. . The Commission had begun a. discussion of the specific purpose and interpretation of tile condition of approval which requires that the kitchen be fully operational with the full menu available from 11:30 a.m. to 1:30 a.m. Staff explained that the condition of approval was intended to ensure that .the business operates as a restaurant and not as a bar or cocktail lounge. It was stated, however, that the condition of approval does not require food be sold, only that there be the potential to sell food. Because the City's current definition of "restaurant" does not address food selling capacity, the Commission requested information and/or definitions of "restaurant" from other cities in order that a different definition of "restaurant" might be applied to a revision of CUP 94-006. Because the issue of defIning "restaurant" is still under review and could have City-wide ramifIcations, staff is recommending continuance of the revocation/revision hearing to November 12, 1997. If any Planning Commissioner, or other interested party has any questions or coniments regarding this matter prior to the October 28th public hearing, please contact Associate Planner, Jim Kasama at (818) 574-5445. .~~ DonnaL. ButIer Community Development Administrator . . STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT October 14, 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 Permit (CUP 94-006). An inspection confirmed the noncompliance situation. The Development Services Department is recommending that the Conditional Use Permit be revoked for noncompliance with the conditions of approval of CUP 94-006. 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 11 :30 a.m. to 1:30 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/cocktail lounge'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 nUll).erous Code violations, as well as a violation of the condition of approval that requires a fully operational kitchen. . I . . . . REVOCATION PROCEEDINGS A Conditional Use Permit may be revoked by the Planning Comrtlission at a public hearing held after at least five (5) days' written notice to the permittee if the Commission finds upon evidence presented at such hearing that any condition of such Conditional Use Permit or any valid regulation of a proper supervisory agency, including the City, has been violated without justifiable excuse, The attached NOTICE OF REVOCATION HEARlNGwas sent to the permittees and property owner by certified mail with return-receipts on September 18, 1997. The receipts were returned the following week. Notification of this revocation hearing has nll1 been sent to any of the surrounding property owners. COMPLAINTS AND INSPECTIONS In response to verbal complaints, the Fire Prevention Bureau inspected the subject premises ill August, and noted several Fire Code violations, and possible violations of the Building, Electrical and Mechanical Codes, On September 10, 1997, and September 16, 1997, the attached letters were received from Michael Onnschak. In response to those letters, the Fire Prevention Bureau and the Community Development Division (Building, Planning & Business License Services) scheduled a joint inspection for September 17, 1997. The inspection substantiated the violations reported by Mr. Onnschak: . Numerous violations of the Building, Electrical, Fire and Mechanical Codes were noted by the Building Official and Fire Marshall. These constitute violations of conditions of approval for CUP 94-006. . The current menu is a substantial reduction from the sample menu provided by the applicants as part of their Conditional Use Pennit application in 1994 (copies of these menus are attached). The applicant stated that food service is presently being provided on weekdays from 5:00 p.m. to 2:00 a.m. and from 10:00 a.m. to I :00 a.m. on Saturdays and Sundays, and that this schedule has been in place for several months. Subsequent spot inspections by staff indicate that Club 101 Bar & Grille is operating as a bar/cocktail lounge and that any food service is insignificant. This is not consistent with the condition of approval for CUP 94-006. The attached letters were received from the applicant,-Paula Zdara, on October 8, 1997. She has contracted with R & R Electrical, Inc. to perform most of the necessary corrections. The Fire Marshall has reported that all Fire Code violations have been remedied. Ms. Zdara indicates that she will be requesting to revise the kitchen hours required by CUP 94-006. CUP 94-006 -- Revocation October 14, 1997 Page 2 . . ~ RECOMMENDATION Based on the observations made at the September 17, 1997 inspection, and subsequent random inspections, it is staff's opinion that this business is not operating as a restaurant. Therefore, the Development Services Department reco=ends that Conditional Use Permit No. CUP 94-006 be revoked for noncompliance with the conditions of approval. FINDINGS AND MOTION The Planning Commission should, based upon the testimony and evidence presented, state fmdings as to the compliance status of Club 101 Bar & Grille, and move to revoke or sustain CUP 94-006. The Planning Commission's options are as follows: A) Revoke CUP 94-006. The applicants may apply for a new Conditional Use Permit. Such an application must be for a restaurant because the Central Business District (CBD) zone does not allow bars or cocktai1lounges, even with an approved Conditional Use Permit. B) Sustain CUP 94-006. Club 101 Bar & Grille must, in a timely manner (e.g., 30 days) comply with all of the conditions of approval, especially operation as a full-service restaurant. The. Commission should conduct a reevaluation shortly thereafter. If the applicants request to revise CUP 94-006, such a request must be considered at a fully . noticed public hearing. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 14th public hearing, please contact Associate Planner, Jim Kasama at (818) 574-5445. Approved by: Attachments: Planning Commission Resolution No. 1513 Sept. 17, 1997 Notice of Revocation Hearing Letters trom Mr. Onuschak received Sept. 10, 1997 & Sept. 16, 1997 Current menu received from applicants at Sept. 17, 1997 inspection Sample menu provided as part of the application for CUP 94-006 Letters from Ms. Zdara received Sept. 8, 1997 . CUP 94-006 -- Revocation October 14, 1997 Page 3