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HomeMy WebLinkAbout1513 (3) . . . 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 ADQ 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 IS, 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 RESOLVES 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 . . . reevaluation 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 ~ermit 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 7Pr7 (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 California 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 fi're 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 obtai~ 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- 1513 . Resolution reflect the Commission's action of June 14, 1994 and the following vote: A YES: 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: A YES: Commissioners Hedlund, Huang, Kovacic and Daggett NOES: None ABSENT: Commissioner Clark . ission ATTEST: 7 r''''~L2' . / . . ,h \'- , /",,6> Secretary, Planning Cl5mmission City of Arcadia APPROVED AS TO FORM: JJJifit,f}!- . -5- 1513 June 14, 1994 TO: ARCADIA CITY PLANNING COMMISSION FROM: PLANNING DMSION JAMES M. KASAMA, ASSISTANT PLANNER SUBJECT: CONDmONAL USE PERMIT NO. CUP 94-006 EXTENSION OF RESTAURANT HOURS AND ADDmON OF KARAOKE AT 16 E. HUNTINGTON DR. SUMMARY This Conditional Use Permit application was submitted by Paula Zdara, Doris Ferguson and Larry Zorin (dba: Club 101 Sports Bar & Grille) to extend the hours of operation and add karaoke at the restaurant and cocktail lounge at 16 E. Huntington Drive. The Planning Division is recommending approval of Conditional Use . Permit No. CUP 94-006 subject to the limitations and conditions in this report. GENERAL INFORMATION APPLICANTS: Paula Zdara, Doris Ferguson and Larry Zorin (dba: Club 101 Sports Bar & Grille) LOCATION: 16 E. Huntington Drive REQUEST: A Conditional Use Permit with parking and landscaping modifications to extend the operating hours to 10:00 a.m. to 2:00 a.m., and add karaoke entertainment at an existing restaurant and cocktail lounge. The current operating hours are 11:30 a.m. to 10:00 p.m. Sunday thru Thursday and 11:30 a.m. to 11:00 p.m. on Friday and Saturday. 7,300 square feet (0.168 acre) SITE AREA: FRONTAGE: 50.00 feet along E. Huntington Drive . .. EXISTING LAND USE & ZONING: A 5,000 sq. ft. restaurant and cocktail lounge for up to 100 patrons. The site is zoned C-2 (General Commercial) GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES & ZONING: North: Restaurant and offices zoned C-2 South: Multiple family residential zoned R-3 E a s t : Offices and retail zoned C-2 West: Retail center zoned C-2 PROPOSAL AND ANALYSIS . The proposal is to extend the operating hours of the existing restaurant and cocktail lounge to 10:00 a.m. to 2:00 a.m. daily, and add karaoke entertainment. Sections 9275.40.1.,9275.1.50.1.2. and 9275.1.53.5. of the Arcadia Municipal Code allow for bars, karaoke, and restaurants, respectively, in the C-2 zone with an approved conditional use permit. section 9275.1.53.7. also requires a Conditional Use Permit for any business that is open between midnight and 6:00 a.m. and is less than 150 feet from a . residential zone. The subject property is separated from an R-3, Multiple-Family zone by a 20 foot wide alley. Prerequisite Conditions Section 9275.1.2. of the Arcadia Municipal Code requires that before a Conditional Use Permit may be granted, the following conditions must be satisfied: 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. 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. . CUP 94-006 June 14, 1994 Page 2 . . . 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. Background Information The property is developed with a 5,000 sq. ft. building. The existing restaurant with cocktail lounge was approved by CUP 78-7 CReso. 1048) and is cu~rently being redecorated with the new sports theme. The expansion of the existing restaurant and cocktail lounge (i.e. the extension of the hours and adding of karaoke) requires that the Conditional Use Permit be upgraded. During the hearing for CUP 78-7 there were concerns expressed regarding the lack of parking and the "closing hour" disturbances at the existing legal nonconforming cocktail lounge. The staff report for CUP 78-7 noted that a denial could result in the continued operation of the cocktail lounge as a separate business and continuance of the associated problems. Approval, however, with the limited hours of operation for an expanded restaurant could mitigate the closing hour disturbances associated with the cocktail lounge. The conditions of approval for CUP 78-7 are as follows: 1. The property shall be improved and maintained in accordance with the plans which are on file in the subject Case No. CUP 78-7 and applicable regulations of the Arcadia Municipal Code. 2. That landscape plans for all unused portions of the parking area be submitted to and approved by the Planning Department. 3. That a trash enclosure be provided in a location approved by the Planning Department. 4. That the hours of operation be restricted to 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. 5. That no loading activities take place during operating hours. 6. That a Modification be granted for 5 parking spaces in lieu of 50 required. 7. That plans for improvement of the exterior design be submitted to and approved by the Planning Department. CUP 94-006 June 14, 1994 Page 3 . Extension of Hours The current Conditional Use Permit (CUP 78-7) restricts the operating hours to 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. Operating hours refers to the times when the business is open to the public:. They do not prohibit the proprietors or employees from being on the premises earlier or later to prepare or clean-up for conducting business. The current Conditional Use Permit (CUP 78-7) was granted with consideration toward abating the former legal nonconforming cocktail lounge, and while it is very difficult to monitor whether this business emphasizes food service over cocktail service, it is generally accepted that 2:00 a.m. closing times are associated with cocktail lounges and not restaurants. In 1988 the City added Section 9275.1.53,7. to the Municipal Code to require a Conditional Use Permit for retail businesses within 150 feet of a residential zone that are open more than 16 hours per day or any time between 12:00 midnight and 6:00 a.m. The adoption of this requirement was in recognition of the need to closely scrutinize, and limit late night businesses that are near residential uses. . The subject property is separated from an R-3, Multiple Family area by a 20 foot wide a.1ley and there are several residential developments within 150 feet. Except for those uses that require a Conditional Use Permit, businesses are permitted to be open as late as 12:00 midnight at this location. Karaoke Karaoke has become a popular form of entertainment and the City of Arcadia adopted regulations for this use in July of 1992. The applicants will comply with all of the City's karaoke regulations. Section 9275.10.3. of the Arcadia Municipal Code stipulates that no karaoke business shall operate between the hours of 2:00 a.m. and 8:00 a.m. and no patrons shall be on the premises between said hours. Section 9275.10.4. also lists the following regulations for karaoke: 1. Karaoke and/or sing-along businesses shall only be allowed in open areas. There shall be no private rooms, booths or enclosures. 2. No person under the age of twenty-one (21) shall be permitted unless otherwise authorized by the specific Alcoholic Beverage Control license issued by the Alcoholic Beverage Control Department. . CUP 94-006 June 14, 1994 Page 4 . . . 3. No minors (persons under eighteen (18) years of age) shall be allowed on the premises after 10:00 p.m., unless accompanied by a parent or legal guardian and specifically authorized by the Alcoholic Beverage Control license issued by the Alcoholic: Beverage Control Department. 4. No alcoholic beverages may be consumed or sold in any business exclusively operated as a karaoke sing-along. Alcohol may only be consumed or sold in conjunction with a restaurant and cocktail lounge when karaoke is an incidental or nonprimary use. 5. All businesses shall be located with street visibility to allow direct inspection and response by emergency personnel. 6. All entrance and exit doors shall remain unlocked and unobstructed during business hours and when any patrons are on the premises. 7. The business premises shall be open and available for inspection by any lawful agent of the City of Arcadia during regular business hours. 8. All conditions of the Conditional Use Permit shall be posted at a conspicuous location at the premises and all employees shall be apprised of the conditions. Parkini The parking requirement for restaurants and bars, and/or establishments with karaoke entertainment is 10 spaces per 1,000 gross square feet. This results in a requirement of 50 parking spaces; 2 of which,must be handicap accessible, and one loading zone. The only on-site area available for parking is at the rear of the building. The applicants are proposing to restripe this area to provide 2 handicap spaces and 2 standard spaces. Also, one space from Parking District n (across the street) is allotted to this property. The property is in compliance with the Modification of 5 spaces in lieu of 50 granted by CUP 78-7, and the loading zone deficiency is addressed by the condition that prohibits loading activities during operating hours. A review of the parking situation indicates that there is the potential for a parking problem at this location that could adversely affect the other uses in the vicinity. The adjacent office and retail uses have gated their parking lots to prevent unauthorized use. The applicants wish to emphasize the front entrance as the primary means of access. CUP 94-006 June 14, 1994 Page 5 . . . The on-site parking spaces are not enough for even the employees, and the one space allotted from the Parking District is inconvenient. Curb-side parking is usually fully occupied during daytime business hours, however, on-street parking is available during the evening and nighttime hours which would be the peak business period for this restaurant. Parking has been, and will continue to be a problem for a restaurant at this location. ExteIlsion of the hours and adding karaoke will not necessarily increase the parking problem. The popularity of the restaurant is the primary factor that would affect the parking situation. Landscaping Based on the area available for on-site parking, the Code requires 100 sq. ft. (5%) of landscaping and one tree. The applicants are proposing to satisfy these requirements with the redesign of the rear parking area. Trash Enclosure CUP 78-7 required that a trash enclosure be provided. There is an existing enclosure, however, it does not comply with current requirements for a trash and recyclables enclosure. The applicants are proposing to upgrade the enclosure. Security As was noted in the staff report for the existing Conditional Use Permit (CUP 78-7) there were "closing hour" disturbances associated with the former legal nonconforming cocktail lounge. These problems seem to have been abated by the expanded restaurant. The problems that were recently experienced at this location were due in large part to the fact that the former operators were violating the limited hours of operation stipulated by CUP 78-7. The applicants have indicated that they will closely monitor the rear parking area, and if necessary, will hire security personnel to patrol the premises. Redevelopment Agency Review The Arcadia Redevelopment Agency adopted Resolution No. 172 in 1993 which identifies certain uses as inappropriate for the Central Redevelopment Project Area. Two of those uses are cocktail lounges and karaoke unless they are accessory or incidental to a restaurant. Therefore, it is important that a restaurant be the primary use being requested through Conditional Use Permit No. CUP 94-006. CUP 94-006 June 14, 1994 Page 6 '. . . It is very difficult to monitor, or even determine whether the majority of the business conducted by a restaurant is due to food service, alcohol service or accompanying entertainment. The only practical indicators are an extensive menu, that the kitchen be fully operational, and that food service be offered during most, if not all of the operating hours. The Arcadia Redevelopment Agency staff recommends against extending the hours because a 2:00 a.m. closing time is customarily not associated with a restaurant. The Agency staff is not opposed to adding karaoke provided it is limited to the stage and dance floor areas and is conducted in accordance with the karaoke regulations of the Arcadia Municipal Code. The Agency staff also requests that any exterior alterations to the building and signs be subject to review and approval by the Agency. Environmental Review Pursuant Jo the provisions of the California Environmental Quality Act, the Planning Division has prepared an initial study for the proposed project. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. When considering 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. Therefore, a ' Negative Declaration has been prepared for this project. RECOMMENDATION The Planning Division recommends a conditional approval of CUP 94-006 to allow the daily hours of operation to be expanded to 10:00 a.m. to 12:00 midnight. and to allow the addition of karaoke, subject to the following conditions: L The daily hours of operation shall be limited to 10:00 a.m. to 12:00 midnight, and it is required that the kitchen be fully operational with the full menu available during all operating 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 toilet facilities for both sexes are to be provided in accordance with Federal Law; the Americans with Disabilities Act (ADA) and California Sta te Title-24. CUP 94-006 June 14, 1994 Page 7 . . . 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. CUP 94-006 June 14, 1994 Page 8 . 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 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 o,n the premises. . 6. A Modification for 5 parking spaces (2 standard and 2 handicapped on-site, and one space in Parking District m 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 the Acceptance Form available from the Planning Division to indicate their awareness and acceptance of the conditions of approval. . CUP 94-006 June 14, 1994 Page 9 . . . FINDINGS AND MOTIONS Approval If the Planning Commission intends to approve this Conditional Use Permit application, the Commission should move to approve and file the Negative Declaration and direct staff to prepare an appropriate resolution that incorporates the Commission's decision, specific findings and conditions of approval. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should move for denial and direct staff to prepare an appropriate resolution that incorporates the Commission's decision and specific findings. CUP 94-006 June 14, 1994 Page 10 . . . i~LUB 101 SPORTS BAR AND GRILLE. Located in the heart of downtown Arcadia, Club 101 will be one of the major draws to the city. The restaurants ambience was engineered by Michael J. Onuschak. The sports theme is carried throughout the club and is highlighted by many four-foot by eight-foot pictures and signed sports memorabilia. The front window is a real drawing feature with Horseracing, Football, Baseball, Basketball, and gaming items. As you walk into the club a little tourist man with a toy camera takes a flash picture of you. Then you enter a restaurant and sports club of fun. The food will be prepared by a team of culinary experts which have been trained by the World Famous Chef Robert. An extensive appetizer menu is offered with a sports theme throughout. The Salads will be served in oversized glass bowls and are the best Salads in the City. The Rose Bowl and Super Bowl Salads will be favorites with the crowd. Sandwiches and Entrees will be enjoyed by all while watching their favorite sporting event on one of the two 60 inch or one of the eight 27 inch TV's. Satalite and Cable sports programing will be available upon opening. With the Speciality Food items like Baby Rack of Lamb Chops, Jumbo Shrimp Cocktails, and the selection of easy listening music Club 101 cliental is expected to be of a mature age. The owners of Club 101 bring with them 16 years of sucessful business experience here in Arcadia. Paula Zadara and Toni Ferguson figure to bring back to Arcadia many of the Arcadians who have been traveling to Old Town Pasadena to eat and enjoy a fun day or evening. The club consists of large eating areas, a dance floor with karoake stage, a large game room, and an attractive bar. The viewing areas are conducive for a TV newscaster to televise the reaction of the LA audience this year when the Dodger's are playing in the World Series. RECEIVED MAY 0 9 199't ClTYOF ARCADIA PWIlIG DMSlOH . . . MED. l PARKINC PARKINC DISTRICT OFFICES III III ClI '" ~C-2_ ZU >0 III III III 0- ...- U ~1Il ...... 0'" U "" "" t;! - <'" :clll Z '" - ClI ... . OU ",0 - :::l :::l ... '" ClI- ",0 < ClI '" 0 JIFFY > U 0 co DENNY'S ul:: ClI~ Ill'" < ClI LUBE < ...< ... u ~ "'0 -ClI > III III <0 -"" '" III III < :c::; ""- )( "" ... C-2illl- -'" HUNTINGTON DR. . ::::::::::::::::: Z.. -C-2 "" 0 "'1Il >0'" 0 '" u< is.>- OCll - :cO :.c LIQUOR STORE ClI Z'" ~ou ",;,zz ",l- ce EATING ESTABLISHMENT I- <>0 ....c '" < VACANCY < U.. O~u I-lol - <:::l "oc ~O ~ 0 >< o~~ 0 .. ClIO III . ...", >- < ... '" i-< f-o Z - ~ Z . 0 < lR-3 lPlR-3 U 0 @@ < f-o Z 0 ffi@ 00 0 @ S-2 < 0 0 CI) ALTA ST. I I I LAND USE & ZONING MAP Conditional Use Permit No. CUP 94-006 Restaurant Hours & Karaoke . North 16 E. Huntington Drive Scale: 1" = 100' . . . f. J1 UNTINfrTON I (IF CONe.. aUILJ)/tICr ( 20'. Auf'(' ft~~t ~ .' , H fI , SO' ORIVE ..........TRlli ~ f. -t. 10' Ci'N," , w"ll:~'./, . ) , -.s v - I \ I .S"~~~ ,", 20' 51/~ PL.Itf..[ CUf Cfl.f - OOb - I ~ e. HUt-rftN~1()N Dr<. - C l,.U B /01 ?F'O~-r~ BA~ AtJO 4-R1L!.~ .. . . \ ~ E. I SD HVl'\'''''1i'ON 1) \""1 V e.. f~.. t"""reo.""C M' l>....n- P',..lh...,. .s ",0(.. . "'...., .. <:" rn6.4....:"~" ...."............""e, ,~. ., :t ~. i.:.' ')f \1\' f '~~ I " ...f'" 4 1 '7 . A) 't" - , I ),1 " I~ ~A."'...w~ "41.. \".' I , - . - .. ,.- 0' ~,I< i :II .) /1.)- 11 <(~ cJ. ~ .. u. ,...... S> Ul ,. , 1&' ~ oJ , , ~ :;'1 ,. z 51lt \~ <t ~ \....~ v. :/,"" .... ~ . - . I 1..1'-' II.> ..lo. 1): ~;.... " '. 1 A \~ Set \lilt. ~, t 0.1' c.... ;. ,~' " liD' 1. . I\0r" .. J: 'i '. .. ~ 05"''''''''' ~ 1)j"""l' 'j. A ~. 1oI11\.ll.-i" ~f' ~ "p;",;,,~ fC.~';~ I ,,,,',, I . I u",-,","':- p;~ L . I "'/\~ S+\l~o." <<:. afi;~ I J (~ ~\)C"" ,'.. I:), I 'I"~i ~1. . , .3 'i It \\0 I . , ~ ;I.) '" '1 L"l>it.'s {'I\., \.hl'\'1'~ r ~~"'fOO'" .f. K;~~e'" t/W-O g'.,. I~' ~ ~ Q T-lf, \."c.. (l\~T ~I'l'G.:r t)t- ' 1'\0-.1. tAt.,. uv"f'\lII,fft Co \\1 '0 \01,) I .,,- 'S', ~ ~ ~+p . ~~,~~- , o rr N w+~ s Cl1r:' Cf4-00b - fro,~4 F\ oc>r l'\f'rN .5"':) -9 't o S\\ll'l'2.t. .E't"....\S (.l.") to,,",o ~,ee.t MINUTES Arcadia City Planning Coaunlsslon Tuesday, June 14, 1994 7:15 P.M. in the Coundl Clambers Planning Commission proceedings'are tape recorded and on file in the offlc:e of the Planning Division. The Planning Commission of the City of Arcadia met In regular session on Tuesday, June 14, 1994 at 7:15 p.rn. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Tom Oark presiding. '- . 2, PUBUC HEARING CUP 94-006 16 E. Huntington Drive Paula Zdara, Doris Ferguson and Larry Lorin lorin: Club 101 Sports Bar and Grille Consideration of a conditional use pennlt with parking and landscaping modifi~ations to extend the operating hours to 10:00 a.m. to 2:00 a.m., and add karaoke entertairunent at an existing restaurant and cocktail lounge. The staff report was presented. In answer to questions from the Commission, staff said that the <:urrent CUP has not lapsed and they can continue to operate the business as long as they comply with the conditions set forth In the existing CUP. The applicants are requesting extension o/the business hours. With the existing CUP,the business hours are from 11:39 a.m. to 10:00 p.m. Sunday through Thursday and 11:30 a.m. to 11:00 p.m. on Friday and Saturday. Staff furlher stated lhat Ibis is the same reslaurant IMt several months ago, a public hearing was held to revoke the CUP, they were violating the hours of operation. The difference between the two uses Is that the proposal Is more of a restaurant than a bar. In answer to Commissioner Kovacic's questions, staff explained condition 5 on page 5 of the staff report which deals with street "visibility to allow direct inspection and response by emergency personnel". He said that when one comes into the restaurant, he should be able to have a clear and unobstrucled view of the entire restaurant and bar area. No rooms sl)ouJd be enclosed. Staff explained that the minor alteration In hours and the addition of . Arcadia City Planning Commission 6/14/94 Page 2 . karaoke does not affect the parking. Employees can be asked to park in the parking district and noted that two of the parking spaces would become handicap parking. Chairman Clark explained the background of the karaoke regulations to Commissioner Kovacic and how the conditions were derived. In response to questions hom Commissioner Huang, staff said that the eating establishments in this block that stay open late, are legal non-conforming and do not have CUPs. They stay open until 2:00 a.m. Ms. Butler expanded and said lhat Baker's Square stays open until 12:00 a.m., because it is adjacent to residential properties and does have a CUP. With regard to the parking, she indicated that the restaurants have a lot of on- street parking, in the evening hours, when the other businesses are closed. This offsets the lack of parking. It would be difficult to police the location where the customers will park but hopefully they will utilize the parking district. In answer to Commissioner Daggett's question, staff said that coin operated pool machines are considered an arcade machine and they can have up to seven wilhout an additional CUP. . In response to inqUiries from Commissioner Huang, staff said that just because a business has a modification for parking does not mean lhere will be parking problems. . Staff has not observed any parking problems. The parking regulations have been designed to hopefully avoid problems, but if a business is extremely successful, even if they comply or exceed the parking requirements. there may still be a parking problem. In this instance, there is a CUP with an approved parking modification. Ms. Butler said there is always adequate spaces in the parking district. The restaurant can operate under the existing CUP and the proposal before the Commission is to determine if the karaoke and the additional business hours should be granted. The parking is not an issue and a modification was granted with the existing CUP. She remarkedlhat the "Downtown Revitalization Plan" prepared by Mid\ael Freedman, whid\ has not been adopted by the City Council, does not recommend discouraging restaurant type uses but rather to encourage them with the hope that people will park at the parking district. Commissioner Kovacic felt there is a relationship belween the hour that the restaurant may remain open and the location where cars are parked. The public hearing was opened. Larry Lorin, 3475 Barhite, Pasadena, one of the partners briefly explained the backgrounds of all the partners and how they became partners. He said that Paula Zdara is the owner of "100 to 1 Club" and has operated lhat busi~ess for 16 years. The "100 10 1 Club" has never had any problems and has been running smoothly for many years. Jim Eldrige, was the V.P. of Saga Corp. which sold out to Marriott Foods in 1960s. Marriott Foods is the establishment that caters hospitals and schools, He submitted photos of the restaurant before they began renovating to illustrate the extent of deterioration prior to their move. They have spent $75,000 to renovate the facility. He was excited about their proposal and felt they needed to stay open until 2:00 a.m. to be able 10 compete wilh the other restaurants/bars in the immediate area. He remarked that all along they thought they would be able to stay open until 2:00 a.m. and were surprised when they discovered the time limits. In order to compete and help their competition, they need to have the same hours of operation. If they are forceclto close at 12:00, they will be at a severe disadvantage to the other restaurants and bars in the immediate area. He said their establishment will be for the older crowd with music primarily of the 40's and LheSO's. There will be no rap or hard rock music. They will be catering to an older crowd. The pinball machines are hom the SO's and 60's and two coin operated pool tables. He briefly explained the design inside and the types of food lhal will be served. He also submitted a menu showing the foods they will serve. . Arcadia City Planning Commission 6/14/94 Page 3 . . . ::'!l He felt that Arcadia needs this type of an establishment for people to go to and have fun. otherwise, people wiU go to neighboring cities like S. Pasadena. If parking Is a problem, they will hire a valet company, which they have already contacted, to mitigate the parking problem. Patrons will drop their car in the front and the valet wlll take the cars to the parking district. Mr. Lorin went on to say that parking might be a problem from 6:00-10:00 p.m. but people would not be coming in after that to eat. He anticipated that the restaurant would be 55%-65% of the business and the bar area would make up the difference. The noise level wl\1 not be excessive and would not be loud enough to be heard to the homes to the back, especially with two ,doors separating lhis area from the alley. There is only one music machine which serves as both a juke box and the karaoke. He thought they would be able to seat 100 people and did not know what the Fire Department's limit would be and commented that they did have Health Dept. approval. He said Arcadians need a place like this to go to instead of having to go to neighboring cities. He noted that they will be producing revenues for the City. Paula Zdara, 1203 Willow, Glendora, one of the partners, spoke in favor of the proposal. She said that her family has owned the "100 to 1 Club" and they have never been a burden to the City. They are in agreement with aU of the conditions in the staff report with the exception of the hours. She feltlhey are more than qualified to operate a successful business, considering her experience of 15 years with the 100 to 1 Oub and employment with the race track. She submitted a petition signed by many of the residents and property owners to the rear of the subject site, including the two immediately to lhe rear indicating their approval of their proposed hours of opera lion. In ans~er to a question by Commissioner Kovacic, staff said that the valet would be permitted to take the cars to the parking district. Bill Connolly, 21 S. First, previous owner of White Eyes, spoke in favor of the proposed use. During the time that he had his business at the above address, he never observed any parking problems. He frequently goes to the "100 to 1 Cub" and enjoys the crowd. He said that the previous Council spent a lot of money to hire a consultant to make recommendationS regarding downtown, and now this Council has not implemented al)Y of them. He did not thiN: thal this many restrictions should be placed on a potential business, especially considering all the vacancies in the downtown area, because that will drive them away, subsequenlly taking their tax money wilh them to neighboring cities. William Wong. 117 W. Magna Vista, the property owner said that he made a mistake when he lea,sed to the. owners of "Love Boat". They created a lot of problems for him as well as with the City. He believed that this new lenant would be an asset to the City and did not think there would be parking problems. Mike Roberts, 110 Mill Run, Monrovia, said he is one of the partners and said they will serve food until 1 :00 a.m. The neighboring business will benefit from them because they will be bringing patronage to the area, especially the ones that are open late. They will keep a lot of the money in the City considering their proximity to the race track. Kermit Hartzler, 1804 Windsor Rd., San Marino, spoke againslthis use. He Is the property owner of 15-17 E. Huntington Drive. He was afraid of the clientele that would come to this location. He feared the loss of his Lenants and wondered what he would do if they did leave? If by any chance, his tenants would leave this location, he believed his property would depreciate. He thought this would be a pool and pinball hall. A restaurant does not need to be open until 2:00 a.m. He asked how, many of the Commissioners go out to a restaurant at 10:00 or 11:00 at night? In his opinion, this is not a restaurant, but a bar. He thought that approving this under a "restaurant" would be retrodevelopment rather than redevelopment. He asked that the Commission unanimously deny the request. He could not understand how they spent $75,000, without consulting the City regarding the regulations. Arcadia City Planning Commission 6/14/94 Page 4 . In answer to questions. from the Conunission he thought an office type of use, such as an attorney or a real estate office would be compatible and not a bar. In his opinion, the proposed use would be incompatible with the excellent properties lhat art! presenUy there and is not a suitable use for the downtown area. He was concerned with the parldng situation and felt vandalism would increase. He thought this business would cosllhe City money instead of generating one. He explained that additional police would be required to monitor. The proposa1 would reduce propefty values. In response to questions form Conunissioner Kovacic, he said there have already been sports bars in the area that have not been successful. He did not think the site is large enough to accommodate this use, especially with the existing parking situation. He commented that this use would be a problem for the residents on Alla and explained that approximatlely 10 years ago, he lived on Alta behind the Cheyenne Supper Cub and he recalled vandalism and parking prOblems created by their tenants. In response 10 comments made by Mr. HarlZler, Mr. Miller said the number of bars in a particular area are not an issue before the Conunission. . Zelde Lawson, 9 Alla, said he is the manager of lhe apartments at 509 Alla. They have had many problems with eating establishments on the soulh side of Huntington. They have found drunk customers urinating in their carports, lhe patrons block their cars and on several occasions they have needed police assistance. Because the apartments do not have adequate parking, they purchase parking pennits annually from the City and find that sometimes they cannot parI< on lhe streel. because the customers from the bars are parldng on Alla. He complained of lhe noise crleated by the rock bands at the ban that they can hear late at night. In rebuttal, Mr. Lorin said that the bars that the previous genUeman was referring to have live performances by rock bands, which is something that they will not be doing. He commented that Mr. Lawson's property is not directly behind their restallrant and remarked that the petition that they submitted includes the Signature of the property owner directly behind lheir restaurant. He fell Lheir establishment wouLd be an asset and would enhance property values rather than decrease,them. This would be a nice atmosphere for people to go for lunch or dinner. He reiterated that parking would not be a problem after 11:00 p.m. The problem might occur from 6:00 p.m.-l0:00 p.m., during the dinner hOlln, but pointed out that many of the offices will be closed at that time and street parldng will become available and said that they will be required to provide one handicap parldng space. He was in favor of closing the entrance from the alley but thought that the rear entrance might be a Fire Dept. requirement. He remarked that the karaoke machine and the juke box are one machine and he did not think that the amplification from it would get through lWO exit doors located In the rear to disturb the properties to the rear. MOTION It was moved by Conunissloner Daggett, seconded by Commissioner Hedlund to close the public hearing. The motion passed by voice vote with none dissenting. Ms. Butler responded to questions by Commissioner Kovacic, by saying that the other bars and restaurants are legal non-conforming becallse they were in operation prior to the requirement of CUPs. In response to questions asked by the Conunission, Mr. Miller noted that the Commission can impose a sunset clause to review the project ailer it has been in operation for a certain time period. This will allow the Conunisslon to see if there have been any problems as a result of the hours of operation. The CUP runs with the land, and if this CUP is granted. anyone can open a reslaurant under the CUP. . Arcadia City Planning Commission 6/14/94 Page 5 . Commission Hedlund commented that valet parking would not be a viable solution to the parking problem. He lhought that people would tend to park on the residential streets rather than utilize valet parking. This probably could be a very successful operation and could add to the deterioration of the parking on the south side of Huntington. He was concerned with the lack of parking and the additional hours and its proximity to residential properties. He felt there are other properties in lhe CIty that would be a more suitable location. Commissioner Kovacic felt they are facing a dilemma; if they approve the project, it restricts the flexibility of the area 10 create parking and on lhe other hand there is the plan to encourage this type of uses. He said the Commission should ask if this is the right location, for this establishment, especially with the limited parking and the impact on the residents to the south? Commissioner Huang said the downtown area needs successful businesses to revitalize it. He felt the hours of operation are an important part of survival, especially in this economy. Commissioner Daggett thought this is a good concept. He sympathized with the residents on Alta. He did not want to discuss parking and said they should consider the hours and the karaoke and should stick strictly the parameters of approval for this Commission. Chairman Clark felt this would be a good project. There will be some impact on the residents to the south and that is the big difference with this area and S. Pasadena. He felt noise levels can be controlled and said a sunset clause will allow them to review the hours of operation after they open. Commissioner Kovacic suggested limiting them to staying open until midnight on weekends. The only way he would consider staying open later would be if they had a trial run of staying open until midnight, and if there are no problems then he would be in favor of remaining open later. . Commissioner Daggett lhoughllheir requeSllo Slay open until 2:00 a.m. should be approved. He would not be in favor of limiting them to midnight and he lhought lheir request should be approved as submitted and see what happens. Commissioner Huang agreed with Commissioner Daggett and wanted to allow them to try it for a set period of time. He thought they should be allowed to SLay' open until 2:00 a.m. and it should be monitored to see if there are any problems, Commissioner Hedlund commented that the parking problem already exists and he could not see why they would want a trial run to see if there is a problem. The other restaurants/bars are legal non-conforming. Commissioner Kovacic asked If the CIty is going in anyone direction with regard to the downtown area and are there any set goals? Ms. Buller responded that lhe downtown revitalization plan done by Michael Friedman has been put on hold by lhe Council. Slaff has not been directed to go forward with his recommendations. This concept tried to aeate a retail area with restaurants or a "people downtown". Commissioner Daggett pointed out that the immediate residents to the rear submitted signatures Indicating their approval. The applicant provided a petition with the signatures of the majority of the people to the south. The neighbor in opposition, does not reside directly behind this property. Commissioner Kovacic recommended approving the CUP as suggested by staH and the additional 2 hours can be gtanted at a later date if there are no problems. He thought that the community should go in some direction and there should be a goal. Is the goal to have a vibrant old Pasadena style area that people can walk safely at night and if that is the goal, then that leads him to one decision. If the goal is to have a respectable restaurant row, then that leads him to another decision. . Arcadia City PlannIng Commission 6/14/94 Page 6 l Mr. Miller said as Ms. Buller explained the City has been working on the revitalization of downtown. Some of the . ~Ived significant expenditures, 50 it was put on hold and then there was the election with three new Commissioner Kovadc said lhe Commission is in favor of the COncepl of allowing the restaurant/bar being open until midnight. The issue is whether they permit them to stay open the extra two hours to 2:00 a.m. Commissioner Hedlund remarked lhat this is nOl an ideal site. He remarked that the applicant did not look into the condilions of the exisling CUP, until after he spent a considerable amount of money renovating. MOTION Commissioner Kovadc moved to approve the CUP 94-006 subject 10 the conditions in the staff report but limiting the time until to 12:00 a.m. but without prejudice 10 the applicant to come back to the Commission al a later daLe for the additional two hours. The molion died due 10 a lack of a second. MOTION It was moved by Commissioner Huang, seconded by Commissioner Daggett to approve the CUP 94-006 subject 10 the conditions in lhe slaff report with the condition that the Commission review It after it has been in operation for six monlhs. Commissioner Huang clarified and said the applicant will be permitted to stay open until 2:00 a.m. and after six months of being In operation, lhe Commission should review the CUP again 10 see If there have been any problems. The Commission at that time can determine whether to allow them to continue to stay open until 2:00 am. or to . reduce the hours, depending on the outcome of the trial run. ROLL CALL: AYES: NOES: Commissioners Daggett, Huang, Clark Commissioners Hedlund, Kovadc Chairman Clark noted there is a five working day appeal af~er the adoption of the resolution whicl1 will be on July 12. . Arcadia City Plannlng Commission 6/14/94 Page 7