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RESOLUTION 1520
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, ADDING A
CONDmON OF APPROVAL TO CONDmONAL USE PERMIT
NO. CUP 94-006 FOR THE CLUB 101 SPORTS BAR & GRILLE
AT 16 EAST HUNTINGTON DRIVE.
WHEREAS, on June 14, 1994, the Planning Commission granted a
Conditional Use Permit to extend the hours of operation and add karaoke
entertainment at an existing restaurant and cocktail lounge; Community
Development Division Case No. CUP 94-006, for the business now known as
Club 101 Sports Bar & Grille, 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, the Planning Commission found that the granting of
Conditional Use Permit No. CUP 94-006 would not be detrimental to the
public health or welfare, or injurious to the property or improvements in
such zone or vicinity. And, to ensure such, the Conditional Use Permit was
made 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
reevaluation disclosed any detrimental or injurious affects, the Planning
Commission may amend the approval and impose additional conditions of
approval to mitigate such affects; and
WHEREAS, a public hearing was held to reevaluate CUP 94-006 on
January 10, 1995, at which time all interested persons were given full
opportunity to be heard and to present evidence;
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY
OF ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Community
Development Division in the attached report is true and correct.
SECTION 2. This Commission finds:
That the granting of CUP 94-006 may have contributed to an increase in
the levels of activity and noise in the rear alley between Oub 101 Sports Bar &
Grille and the multiple family residences on Alta Street. The increased levels
of activity and noise may be resulting in detrimental affects to the public
health and welfare, and may be injurious to the property and improvements
in that R-3 zone.
SECTION 3. That for the foregoing reasons this Commission adds
to and amends the conditions of approval of CUP 94-006 as follows:
1. That a uniformed security officer be posted in the rear of the
premises from 10:00 p.m. until the business closes and the lot has been cleared
of patrons.
2. That this Conditional Use Permit be subject to reevaluation by the
Planning Commission at a public hearing three months from the date of
implementation of the above added condition, and if the reevaluation
discloses any detrimental or injurious affects, the Planning Commission may
amend the approval and impose additional conditions of approval to
mitigate such affects.
SECTION 4. The decision, findings and conditions contained in this
Resolution reflect the Commission's action of January 10, 1995 and the
following vote:
AYES: Commissioners Bell, Clark, Huang, Kalemkiarian,
Kovacic, Murphy and Daggett
NOES: None
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
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1520
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City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution was adopted at a
regular meeting of the Planning Commission held on the 24th day of January,
1995 by the following vote:
A YES: Commissioners Bell, Clark, Huang, Kalemkiarian,
Kovacic, Murphy and Daggett
None
None
NOES:
ABSENT:
. ATTEST:
s~~
ecretary, anrung ommlSSlon
City of Arcadia
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APPROVED AS TO FORM:
lIlgL
-3-
1520
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January 10, 1995
TO: ARCADIA CITY PLANNINC COMMISSION
FROM: DEVELOPMENT SERVICES DEPARTMENT
cfJAMES M. KASAMA, ASSOCIATE PLANNER
RE: CLUB 101 SPORTS BAR & GRILLE AT 16 E. HUNTINGTON DRIVE
CUP 94-006 (RESOLUTION NO. 1513)
SUMMARY
The Planning Commission at its June 14, 1994 meeting, by a vote of 3 to 2,
approved Conditional Use Permit No. CUP 94-006 to extend the hours of
operation to 2:00 a.m. daily, and add karaoke entertainment at the Club 101
Sports Bar & Grille at 16 E. Huntington Drive.
. It was the consensus of the Planning Commission that a restaurant would be an
assest to the Downtown area, but there was concern about the 2:00 a.m. closing
time and the lack of parking. The Commission included as a condition of
approval a sixth month reevaluation to address any adverse impacts due to the
extension of the hours and/or the addition of karaoke entertainment.
The attached Resolution No. 1513 was adopted on July 12, 1994, and Club 101
held a grand opening on July 20, 1994. In accordance with the aforesaid
condition, this public hearing is to reevaluate CUP 94-006, and add or amend any
conditions of approval if it is found necessary to mitigate any adverse impacts.
Attached for review are copies of the June 14, 1994 staff report and minutes.
DISCUSSION
In approving CUP 94-006, the Planning Commission made the following finding
and condition of approval:
"This Commission finds 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
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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 reevaluation discloses any
detrimental or injurious affects, the Planning Commission may amend
the approval and impose additional conditions of approval to mitigate
such affects."
Condition 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."
The above finding and condition of approval allow for this sixth month
reevaluation. As part of this reevaluation, the Planning Commission has the
following options:
. 1. The Planning Commission may impose additional conditions of approval, or
amend the conditions of approval, if the Commission finds that it is
necessary to mitigate any detrimental or injurious affects resulting from the
extension of the hours and/or the addition of karaoke entertainment. This
action can include changing the hours of operation back to, but not more
restrictive than, the hours of operation that were in place prior to CUP 94-006.
The previous operating hours were 11:30 a.m. to 10:00 p.m. Sunday through
Thursday, and 11:30 a.m. to 11:00 p.m. Friday and Saturday, and were granted
by the original Conditional Use Permit, CUP 78-7.
2. The Planning Commission may revoke or suspend all or any part of the
approval granted through CUP 94-006 if the Commission finds that the
business and/or property are not in compliance with the conditions of
approval for CUP 94-006. The conditions of approval for the original
Conditional Use Permit (CUP 78-7) were not extensive and were complied
with a long time ago. A finding of noncompliance to revoke or suspend CUP
78-7 is not an available option.
Staff has reviewed the site and the operation of the business, and checked with
the other City Departments, and confirmed that the applicants are complying
with all conditions of approval for CUP 94-006, and are making an effort to
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Reevaluation of CUP 94-006
January 10, 1995
Page 2
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prevent any misconduct by their patrons. Nevertheless, complaints have been
received from nearby residents since the closing time was extended to 2:00 a.m.
Attached are copies of their letters.
The Police Department has been monitoring the situation and has not found the
business to be a policing problem. However, the Police Department cannot
address problems that are solely the result of the proximity of a business and
residences. Attached for the Planning Commission's consideration is a report
with recommendations/optionS from the Police Department.
While problems are almost inevitable when businesses and residences are in
close proximity, there needs to be a balancing of the expectations of the different
land uses. Staffs opinion is that the 2:00 a.m. closing time granted by CUP 94-006
has resulted in increased impacts upon the neighboring residents. It was noted
during the public hearing for the original Conditional Use Permit (CUP 78-7)
that an approval would limit the hours of operation, and could mitigate the
closing hour disturbances associated with the preexisting cocktail lounge.
RECOMMENDATION
If the Planning Commission finds that CUP 94-006 has resulted in detrimental
impacts to the public health or welfare, or has injuriously affected the property
or improvements in the vicinity, and intends to add to, or amend the conditions
of approval, staff recommends that the Planning Commission consider the
following alternatives:
A. Require that the daily hours of operation be limited to 10:00 a.m. to 12:00
midnight, and that the kitchen be fully operational with the full menu
available from 11:30 a.m. to 12:00 midnight. These hours of operation are
subject to reevaluation by the Planning Commission during the 6 months
following implementation; or
B. Continue to allow the business to operate during the hours of 10:00 a.m. to
2:00 a.m., and require a professional, uniformed security officer, who shall
monitor the rear exit and parking area, to be on duty daily from 10:00 p.m. to
when the business closes and the property has been cleared of patrons.
The Planning Commission is not limited to the abovementioned alternatives.
Additional and/or more restrictive conditions of approval may be imposed if the
Commission finds it necessary to mitigate any adverse impacts.
Reevaluation of CUP 94-006
January 10, 1995
Page 3
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FINDINGS AND MOTIONS
To add or amend the conditions of approval
If the Planning Commission intends to add or amend the conditions of approval
for CUP 94-006 to impose increased restrictions, the Commission must make
specific findings of detrimental impact to the public health or welfare, or
injurious affect to the property or improvements in the vicinity, and direct staff
to prepare an appropriate resolution incorporating the Commission's decision,
specific findings, and the added or amended conditions of approval.
To maintain the existing conditions of approval
If the Planning Commission intends to maintain the conditions of approval for
CUP 94-006 and not impose further restrictions, the Commission must find that
there have not been any detrimental impacts to the public health or welfare, nor
injurious affects to the property or improvements in the vicinity.
Attachments: December 29,1994 Report from the Police Department
Four letters from nearby residents
Resolution No. 15.13
June 14, 1994 Staff Report
June 14, 1994 Minutes
Reevaluation of CUP 94-006
January 10, 1995
Page 4
r/IlemotanJum
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RECEIVED
DEe 3 0 1991t
cnvOF MCAtM
......S IlMSD
To: Donna Butler, Community Development Division
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From:
Neal R. Johnson, Chief .~~ic3
by: Captain David Hini~
CUP 94-006 Regarding Club 101 Sports Bar & Grille
December 29, 1994
Subject:
Date:
Reference your request for information regarding the Club 101
Sports Bar and Grille at 16 E. Huntington Drive, we can provide the
following.
Club 101 has been operating with a CUP which allowed for conducting
business until 2:00 a,m, on a daily basis. In general, Club 101
has not been a policing problem, The owners/employees of the
premises seem to take reasonable steps to ensure compliance with
hours of operation, review of identification of patrons before
serving alcoholic beverages and the other operational guidelines
speCified by the Department of Alcohol Beverage Control,
The business has steadily attracted an increasing patronage,
primarily customers in the 21 to early 30' s age bracket. The
business has maintained reasonable control in monitoring, the
conduct of persons inside the premises, The Department has no
documentation of fights or disturbances inside the facility,
In July of 1994, the Department began receiving some phone calls
complaining that patrons of Club 101 were causing disturbances in
the alley behind the business. This alley abuts the apartment
complexes which face Alta Street, primarily affecting the tenants
of both 9 and 15 Alta Street.
The nature of the disturbances ranged from loud talking and arguing
to urinating and defecating on the apartment complex property. I
spoke with at least three of the complainants and requested that
they call the Police Department at the time the events were
occurring to ensure proper documentation. However, most of the
complaining parties emphasized that the disturbances were momentary
in nature and the offending parties would be gone by the time
police arrived,
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CUP 94-006/Club 101
Page 2
The Police Department has maintained an ongoing extra patrol
presence in this area to attempt to monitor improper behavior,
however we have not encountered any conduct that would rise to the
level of a criminal violation, Due to the manner in which our call
histories are maintained, we can only document 5 police responses
to calls, however shift supervis'ors estimate that we receive about
one call per week regarding noise or disturbance issues in or
around the alley area.
The major problem that occurs with Club 101 is its proximity to the
residential properties directly behind the business, I noted that
Club 101 has a sign posted on their back door which advises patrons
to exit the front of the business after 10:00 p.m. to avoid
disturbing the neighbors on Alta, Although well intentioned, this
does not preclude their patrons exiting to the rear, especially
considering that most of the accessible parking for the Club is off
the alley and to the rear of Drive-In Liquor at 10 E. Huntington,
The apartment complexes are located in such a fashion that even
nominal noise; Le. normal talking, starting of cars, or laughter,
is going to impact the residents who are trying to sleep, When
considering that this activity is taking place when the bar closes
at 2:00 a,m, and we have a continuation of activity until periods
as late at 3:00 a.m" I can appreciate the impact that this has on
someone's sleep pattern. In some instances, patrons of the bar
cross the street for food at Denny's and then return even later to
their cars in the alley, again disturbing those in the apartment
complexes, .
It appears to the Department that the owners of Club 101 have taken
reasonable steps to mitigate misconduct, However, they ca.nnot
regulate the normal activities of persons who are leaving their
business, nor can the police intervene in conduct that is otherwise
lawful,
The issue at hand is the reasonableness of the business operation
on balance with the impact that it has upon the quality of life for
those who live adjacent to the bar.
Recommendations/Options:
1, Limiting hours of operation Sunday through Thursday to 12:00
a,m, (midnight), Friday and Saturday hours would remain until
2:00 a,m, The Club 101 is primarily operating as a "Sports
Bar" with completion of most major sporting events occurring
prior to midnight. Limitation of hours as noted should not
have a major impact on patronage,
(A) With reevaluation of CUP in 6 months,
CUP 94-006/Club 101
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2. Limiting hQurs of operation on all days to 12:00 a,m.
(midnight) .
(A) With reevaluation of CUP in 6 months.
3. Require Club 101 to post a uniformed security officer in the
rear of the premises from 10:00 p,m. until the business closes
and the lot has been cleared of patrons. This would be for
the purpose of encouraging patrons to minimize noise,
(A) Could be imposed with.any modification adopted,
4, Re-impose the limitations placed by the original Conditional
Use Permit, Le. closure at 10:00 p,m. Sunday through Thursday
and 11:00 p.m, on Friday and Saturday.
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ARTHUR E. PALFREY
15 AHa Street
Arcadia, CA 91006
(818) 447-8977
RECEIVED
DEe 2 7 1994
CITY OF ARCADIA
I'LANNlNG OMSION
December 19, 1994
Mr. Jim Kasama
City of Arcadia Planning Department
P.O. Box 60021
Arcadia, CA 91066-6021
Re: Sports Bar 10~
Dear Mr. Kasama:
I have a SERIOUS problem, It relates to my property and residence in Arcadia. The problem
is the Sports Bar 104) Night Cub, located at 16 E. Huntington Drive. I reside at 15 Alta Street,
directly behind the Sports Bar. I have 7 apartment rentals. Most of my tenants are senior
citizens. My apartment living units are 30 feet from the property line of the Sports Bar 10..
My problems are summarized as follows;
1. The Sports Bar 10~ is too close to 'residential property (30 ft.), causing my residents to
wake up at 2 and 3 a.m. to the unruly noise in the Sports Bar 101> parking lot, which
adjoins the back door of the Bar.
2. The unruly noise is almost a nightly occurrence. It includes drunkenness, horrible foul
language, arguing and fighting.
3. There have been several instances of patrons of the Bar walking onto my property and
urinating on my flowers and bushes. We have even experienced patrons entering my
property and relieving themselves with human excretion,
4. Patrons of the Bar have parked within 2 feet of my tenants garages, which prevents them
from entering or leaving their garages.
S. 'IWo of my tenants have recently moved out, complaining of being awakened at 2:00 a.m.,
to loud and foul language.
6.
Police units have been called to the scene frequently. They arrive and temporarily
disperse the patrons. Then the noise resumes at the same level. I suggest you review the
police blotter to verify this ongoing disgraceful situation.
,
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Mr. Jim Kasama
December 19, 1994
Page Two
1 am an 87 year-old resident and citizen of Arcadia. 1 have.lived in the community for 65 years.
1 have been a law-abiding tax payer. My wife and 1 raised 2 sons who went through the Arcadia
school system and subsequently through college. They have been followed by 2 grandchildren
who have gone through the Arcadia schools and then through college. 1 now have a great
grandchild in the Arcadia school system.
I bought my home and income property on Alta Street in 1956. This is my lifetime investment
which provides me with my retirement income. I never had a problem over the years when the
Wong family operated the Moon Palace Family Restaurant. They were closed by 10:00 p.m. and
never catered to the late night drinking and bar crowd.
I believe in free enterprise and the opportunity of a business person to operate and earn a
livelihood but not a late night bar 30 feet from my residential property. This is an absolute
infringement on my property rights and my quality of life.
1 have been advised to go to the State Board of Equalization and the Alcohol and Beverage
Control Board to rectify this problem.
1 don't want to do that. I feel I am too old and too crippled to travel and make presentations to
those bodies, I am unable to drive and I don't like the idea of getting involved with state
agencies.
I trust this can be taken care of at the local level by my elected and appointed officials here in
Arcadia. I have faith that you will do the right thing. I am asking that you provide me and my
10 tenants with a living environment that allows us to sleep, to enjoy the privacy of our property
and to participate in the many advantages of living in the fine city of Arcadia, which our family
has enjoyed over the span of 65 years.
Thank you for your consideration.
Sincerely, ~
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Arthur E. Palfrey
Property Owner
cc: City Council Members
City Manager
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RECE\VED ~ fUia.--4:L. f2tt h
DEe 0 11994 Cuvc~ , Ca.. 9106?
CITY OF ARCADIA t-yJ -J a
IUNNING DMSION / (157r. "'- I I C) 9 Lf
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OCT. 3,1994
DEAR MRS. PIKE
MY HUSBAND AND I, ARE MANAGERS OF THE ALTA APARTMENTS 9
ALTA ST. APT. D. ARCADIA CA, (818) 446-3962.
I'M WRITING THIS LETTER IN REGARDS TO THE SPORTS BAR 101
LOCATED AT 16 E. HUNTINGTON DR. ARCADIA CA., WHICH WAS OPENED
THE LAST PART OF JUNE. IN THE BEGINNING THINGS WENT OK, THEN
IT STARTED ON ABOUT 7/8/94 WAS THE FIRST TIME I CALLED THE
POLICE, FOR EXTREME NOISE FROM THE CLUB PATRONS, URINATING,
VOMITING, AND DEFECATING IN THE CARPORT AND TRASH CAN AREA.
WE'VE HAD TO TAKE A SHOVEL AND A HOSE TO CLEAN UP WITH
AMMONIA, THE ODOR IS SO BAD.
THE WEEKENDS ARE THE WORSE FROM THURSDAY - SUNDAY.
THEY'VE PARKED IN OUR DRIVEWAY WHICH IS ONLY WAY OUT FOR
CARS. OF COURSE WE CAN'T FIND THE OWNERS, WHICH ALSO CREATES
A FIRE HAZARD.
WE'VE TRIED TO TALK TO THE OWNERS, THEY DID GET A
PORTABLE POTTY IT HELPED SOME BUT DIDN'T STOP THEM FROM USING
OUR PLACE TOO.
LAST MONTH ONE OF THE WOMAN OWNERS AND A MAN CAME OVER
AND STARTED YELLING AT ME ACCUSING ME OF CALLING THE POLICE
AND GETTING A PETITION UP AGAINST THEM, WHICH I HADN'T DONE
YET. SHE THREATEN ME SAYING SHE WOULD BE BACK IF I TRIED TO
DO IT. I TOLD HER THAT IF I WANTED TO I COULD IT WAS MY
RIGHTS.
I GUESS I LET IT BOTHER ME, AS I HAVEN'T BOTHERED
CALLING THE POLICE UNTIL TODAY. I ALSO FELT THAt I WAS TAKING
UP THEIR TIME WHEN THEY'RE NEEDED ELSEWHERE.
I TALKED TO CAPT. HINIG AND HE TOLD ME TO WRITE THIS
LETTER TO GET IT ON RECORD, INSTEAD OF A PETITION. I HOPE
YOU CAN HELP IN SOME WAY IT WOULD BE APPRECIATED. THANKING
YOU AND PLEASE FEEL FREE TO CALL US IF YOU NEED TO.
SINCERELY,
MR. 6 MRS, ZEKIE LAWSON
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RECEIVED
OCT 0 3 1994
CITY OF ARCADIA
Pt.ANNING OMSION