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RESOLUTION NO. 1782
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. CUP 08-13 FOR AN
EXISTING RESTAURANT (ZAPATA VIVE MEXICAN
RESTAURANT) TO PROVIDE LIVE ENTERTAINMENT
FOR PRIVATE SOCIAL AND CIVIC FUNCTIONS AT 101
SOUTH FIRST AVENUE.
WHEREAS, on September 19, 2008, a conditional use permit
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application was filed by Jaime and Brenda Magdaleno of Zapata Vive
Mexican Restaurant to provide live entertainment for private and civic
functions within a banquet room; Development Services Department Case
No. CUP 08-13, at property commonly known as 101 S. First Avenue; and
WHEREAS, a public hearing was held by the Planning Commission
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on October 28, 2008, at which time all interested pers!:>fis were given full
opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COl\flyfISSION OF THE
CITY OF ARCADIA RESOLVES AS FOLLOWS:
SECTION 1.
That the factual data submitted by the
Development Services Department 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 because the initial study did not
disclose any substantial adverse effects to the area affected by the proposed
project.
2. That the use applied for at the location indicated is a proper 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. All yards, spaces, walls, fences, loading,
landscaping and other features including the shared parking with the
neighboring business, are adequate to adjust said use with the land and uses
in the neighborhood. The proposed project complies with all related zoning
requirements as setforth in the Arcadia Municipal Code.
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 because the land use and
current zoning are consistent with the 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
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evidence that the proposed project will have any potential for an adverse
effect on wildlife resources or the habitat upon which the wildlife depends.
SECTION 3.
That for the foregoing reasons this Commission
grants Conditional Use Permit No. CUP 08-13, for an existing restaurant to
provide live entertainment for private social and civic events at 101 S. First
Avenue, subject to the following conditions:
I. The restaurant and banquet room shall be operated and
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maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 08- 13.
2.
No night club or dance events are permitted, with the exception
when dancing is incidental to a permitted event.
3. The doors facing the parking lot and Alta Street shall be clearly
marked "Emergency Exit Only" and shall remain closed after 5:00 p.m.
4. Occupancy of the banquet room for the private social and civic
functions shall not exceed 100 people at anyone time, and attendance at the
comedy club events shall not exceed 50 people at anyone time.
5. All conditions of the annual assembly permit issued by the Fire
Department shall be complied with and maintained during all hours of
operation.
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6. A security guard shall be present at all banquet room events
and must be dressed in attire that clearly identifies the individual as
"Security."
7. Restaurant employees shall be responsible for checking and
cleaning the adjacent public rights-of-way areas (sitfewalks, parkways,
streets, alleys, and parking areas) and their parking lot on a continual basis
for trash left behind by their patrons.
8. The hours of operation for the banquet room events shall be
limited to 5:00 p.m. to 11:00 p.m. on Fridays and Saturdays, and from 5:00
. p.m. to 10:00 p.rn. on Sundays. The comedy club hours shall be limited to
the first and third Thursdays of every month from 7:00 p.m. to 9:00 p.m.
9. Any Banquet Room functions must be in compliance with
noise limitations as outlined in AMC 4610.3:
4610.3. NOISE LIMITS.
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(a) It shall be unlawful for any person within the City of Arcadia to
produce or cause or allow to be produced sound or noise which is amplified
by the use of sound amplifying equipment and which amplified noise or
sound is received on property occupied by another person within the
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designated region, in excess of the following levels, except as expressly
provided otherwise or exempted hereinafter:
Re!!ion
Dav 7:00a to 10:00D
Ni!!ht 10:00D to 7:00a
Residential Zone
55 dBA
50 dBA
Commercial Zone
60 dBA
65 dBA
Industrial Zone
70dBA
70 dBA
At the boundary line between two of the above zones the noise level of
the quieter zone shall be used.
10. The holder of this permit and any successor in interest shall
consent to the formation of any parking district which proposes to include
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the subject property within its boundaries, provided su,ch district provides
parking benefits in part to the subject property.
11. Any exterior alteration to the building requires the filing and
approval of a design review application.
12. All City code requirements regarding accessibility, fire
protection, occupancy, and safety shall be complied with to the satisfaction
of Building Services and the Fire Department.
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13. Approval of CUP 08-13 shall not take effect until the property
owner(s), and applicants have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
14. The applicant shall defend, indemnify, and hold harmless the
City of Arcadia and its officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officers,
employees or agents to attack, set aside, void, or anriulany approval or
condition of approval of the City of Arcadia concerning this project and/or
land use decision, including but not limited to any approval or condition of
approval of the City Council, Planning Commission, or City Staff, which
action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and/or land use decision and the City
shall cooperate fully in the defense of the matter. The City reserves the
right, at its own option, to choose its own attorney to represent the City, its
officers, employees, and agents in the defense of the matter.
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SECTION 4.
The Secretary shall certify to the adoption of this
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Resolution.
Passed, approved and adopted this 28th day of October; 2008.
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Chairman, Planning Commission
ATTEST:
APPROVED AS TO FORM:
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Stephen P. Deitsch, City A~omey
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certifY that the foregoing Resolution No. 1782 was passed and
adopted by the Planning Commission of the City of Arcadia, s~gned by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 25th day of November, 2008 and that said Resolution was adopted by the
following vote, to wit:
AYES:
Commissioners Baderian, Baerg, Hsll, Parrille and Beranek
NOES:
None
Se of the Planning Commission
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STAFF REPORT
Development Services Department
October 28, 2008
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas P. U, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 08-13 to permit an
existing restaurant (Zapata \rIVe Mexican Restaurant) to provide
live entertainment for private social and civic functions at 101 South
First Avenue
SUMMARY
Conditional Use Permit No. CUP 08-13 was submitted by Jaime and Brenda
Magdaleno of Zapata Vive Mexican Restaurant at 101 S. First Avenue to utilize
the existing 1,421 sq.ft. banquet room to host private and civic functions, and to
provide live entertainment for those functions on Fridays and Saturdays from
5:00 p.m. to 11:00 p.m., and Sundays from 5:00 p.m.. to 10:00 p.m. The
Development Services Department is recommending approval of this application
with.the conditions listed in the staff report.
GENERAL INFORMATION
Applicants: Jaime and Brenda Magdaleno (lessee - Zapata Vive Mexican
Restaurant) ,
Location: 101 South Frrst Avenue
Request: To permit an existing restaurant to host private and civic functions
with live entertainment within an existing 1,421 sq.ft. banquet room,
Site Area: Approximately 15,000 square feet (0.34 acre)
Frontage: Approximately 50 feet along First Avenue
Approximately 191 feet along Alta Street
_ Existlng Land Use:
The subject site Is currently developed with an 8,500 sq.ft.
commercial building constructed In 1953, with a 6.000 sq.ft.
restaurant on the flrst floor and three (3) general office units on the
second floor. The rest of the site is surface parking area with 35
spaces.
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Zoning:
The easterly 142' portion of the lot is zoned CBD - Central
Business District, and the westerly 50' portion Is zoned PR-3 -
Multiple Family with a parking overlay.
General Plan Designation:
Mixed Use (CommerciallMultiple-Family)
Surrounding Land Uses & Zoning:
North: Commercial/Retail. zoned CaD
South: CommerciallRetall, zoned caD
East Citibank, zoned CBD
West Multi-family dwellings, zoned R-3
BACKGROUND
The subject 8.500 sq.ft. building was constructed as two attached buildings in
1953. The rear building was developed as a two-story office building with
approximatelY 2,500 sq.ft. of office space on the second floor and .2,750 sq.ft. of
ground floor store room. The single-story building facing First Avenue was an
approximatelY 3,250 sq.ft. .store building" development The .store building" was
remodeled into a restaurant (Fishers Restaurant) in 1954. The restaurant
expanded into the first floor 'store room" area of the rear building in 1963 after an
opening was installed between the two buildings in 1961.
The City began requiring a Conditional Use Permit for restaurants in 1968.
Therefore, in 1969, Pellegrino's Family Restaurant filed an application "to
refurbish existing restaurant facilities and operate a restaurant" that was
approved under Conditional Use Permit No. CUP 69-11 Resolution No. 671
(attached).
Pellegrino's Family Restaurant continued in business until the early 80s.
AftelWards, several different restaurants have occupied the unit, including
Cheyenne Supper Club that remodeled the banquet room area as a karaoke
lounge In 1992. The karaoke lounge has been remodeled back into a banquet
room. The current restaurant, Zapata Vive Mexican Restaurant, has been
operating at the subject location since October 2005.
CUP 08-13
October 28. 2008
Page 2
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Oh June 25, 2008. Jaime and Brenda Magdaleno of Zapata Vlve Mexican
Restaurant filed for an Entertainment Permit to allow live bands, DJs, and
dancing for private parties, and to host a comedy club in the banquet room, with
a proposed closing time of 1:00 a.m. for these events. This permit was denied by
the Business License Review Board on September 3. 2008 based on the finding
that the use is not ancillary to the primary business (see attached minutes): the
applicant was advised that a Conditional Use Permit should be obtained for the
proposal. The board noted in the hearing that the above-mentioned activities
had been taking place prior to the application for any permits, and was brought to
the city's attention by complaints about noise and other pul:1lic nuisance issues.
For this Conditional Use Permit application, the applicant has altered the
proposal and added several mitigation measures to address the neighbors'
concems.
PROPOSAL AND ANALYSIS
The subject restaurant has a main dining room, a separate bar area, a 1,421
sqJt. banquet room, and a kitchen and miscellaneous offices and store rooms.
The total combined maximum occupancy limit Is 181 people. This proposal is for
Zapata VlVe Mexican Restaurant to use the banquet room for private social and
civic functions. These functions would include birthdays, weddings, family
reunions, business dinners, etc. Music is often requested for these events by a
disc jockey or a band. The maximum occupancy of the banquet room allowed by
the Building Code could be up to approximately 200 people depending on
whether or not dining tables are provided. Staff is recommending the use of the
banquet room be limited to an occupancy of 100 people. There will not be any
"night club" type activities. The proposed hours of operation for the banquet
room events are 5:00 p.m. to 11 :00 p.m. on Fridays through Saturdays, and on
Sundays, from 5:00 p.m. to 10:00 p.m. These hours are consistent with the
Arcadia Police Departmenfs recommendations.
Additionally, the applicant proposes to regularly host a com$dy club on the first
and third Thursdays of every month from 7:00 p.m. to 9:00 p.m. The applicant
expects attendance to be 25 to 30 people. These events would be within the
proposed hours of operation for the banquet room, and staff is recommending
that attendance be limited to a maximum of 50 people.
The operation hours of the restaurant are Monday through Saturday, 11 :00 a.m.
to 10:00 p.m., and Sunday, 10:00 a.m. to 10:00 p.m. CUP 69-1 does not specify
how the banquet room is to be used. This Conditional Us.e Permit application
addresses the use of the banquet room for special events with entertainment,
and for a comedy club.
When the restaurant was hosting events without permits, the City received a
number of complaints related to noise and other public nuisance issues. To
assure that their proposal prevents these issues from reoccurring, the applicant
CUP 08-13
October 28, 2008
Page 3
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Is Including several measures to protect the neighbors. The applicant Is
proposing to keep the doors facing the rear parking lot area and Alta Street
closed at all times and install signs indicating that these doors are for
"Emergency Exit Only." A uniformed security guard wDl be present during the
banquet room events to ensure that people will not gather in the parking lot or
along Alta Street and that they do not cause any unnecessary noise or
disturbances. The security guard will also make sure that no alcoholic beverages
are taken outside of the restaurant, and that no one is drinking in the parking lot
area or along Alta Street.
Noise
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A main concem of the neighbors is the potential noise of the proposed events. In
addition to the above-mentioned mitigation measures, the applicant must comply
with the noise limitations set forth in the Arcadia Municipal Code Section 4610.3.,
which limits the noise levels generated upon residential zoned properties to a
maximum of 60 decibels between the hours of 10:00 p.m. and 7:00 a.m., and a
maximum of65 decibels for between7:00 a.m. and 10:00 p.m.
Parklna
The subject site has 35 on-site parking spaces. This parking area is at the rear
of the restaurant and is accessed by driveways off of Alta Street and by the alley
between Alta Street and Bonita Street. By Code, a restaurant is required to
provide 10 spaces per 1,000 sq.ft. of gross floor area. Under this regulation, the
subject 6,000 sQ.ft. restaurant should have sixty (60) on-site parking spaces. In
addition, four (4) spaces are required for every 1,000 sQ:ft. of general office
space, resulting in a parking requirement often (10) spaces for the offices on the
second floor. Therefore, a combined total of seventy (70) ol)-site parking spaces
are required for the subject property, resulting in a parking deficiency of 35
spaces.
The parking deficiency is a legal non-conforming situation. . Although there is a
deficiency per the current Code, it is staffs opinion that the proposed activities
would not generate a parking problem any greater than if the banquet room was
used for dining purposes, and events that are family-oriented generally have a
lesser parking demand. A provision in the original Conditional Use Permit
stipulates that the holder of the permit (Le., the property owner and the restaurant
operator) shall consent to the formation of any parking distriCt which proposes to
Include the subject property within its boundaries, provided such district provides
parking benefits to the subject property. Staff recommends the inclusion of this
condition to assist any potential future plans to rework the downtown parking
arrangements.
Staff recommends approval of the applicant's proposal wi.th the conditions as
outiined in this report, which include the applicant's measures to address the
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CUP 08-13
October 28, 2008
Page 4
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negative impacts that the nOh-permitted events had upon the neighbors. This
proposal was routed to the Police Department, Fire Department, and Building
Services for their comments, which are included as conditions of approval. As
with all Conditional Use Permits, the City has the right to revoke the approval if it
finds that any conditions or applicable regulations are violated and the business
license can be revoked if the activities become a public nuisance.
A petition and multiple letters In support of this request, and one opposition letter
were received by Planning Services and are attached to this report.
CEQA
Pursuant to the provisions of the Califomia Environmental Quality Act, the
Development Services Department has determined that the proposed project is
exempt from CEQA (Class 1 Categorical Exemption, Section No. 15301)
because the project Is within an existing facility involving negligible or no
expansion of use beyond that existing at the time of the lead agency's
determination. A Preliminary Exemption Assessment is attached.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional
Use Permit to be granted, It must be found that all of the following prerequisite
findings can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimentel 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.
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.
CUP 08-13
October 28, 2008
Page 5
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RECOMMENDATION
The Development Services Department recommends aooroval of Conditional
Use Permit Application No. CUP 08-13 based on the above findings, subject to
the following conditions:
1. The restaurant and banquet room shall be operated 'and maintained in a
manner that is consistent with the proposal and plans submitted and
approved for CUP 08-13.
2. No night club or dance events are permitted.
3. The doors facing the parking lot and A1ta Street shall be clearly merked
"Emergency Exit Only" and shall remain closed after:5:00 p.m.
4. Occupancy of the banquet room for the private social and civic functions
shall not exceed 100 people, and attendance at the ,comedy club events
shall not exceed 50 people.
5. All conditions of the annual assembly permit issued by the Fire
Department shall be complied with and maintained during all hours of
operation.
6. A security guard shall be present at all banquet room events and must
be dressed in attire that clearly identifies the IndMdual as "Security."
7. Restaurant employees shall be responsible for checking and cleaning
the adjacent public rights-of-way areas (sidewalks, parkways, streets
alleys, and parking areas) and their parking lot for trash left behind by
their patrons.
8. The hours of operation for the banquet room events shall be limited to
5:00 p.m. to 11 :00 p.m. on Fridays and Saturdays, and from 5:00 p.m. to
10:00 p.m. on Sundays.
9. Any Banquet Room functions must be In compliance with noise
limitations as outlined in AMC 4610.3:
4610.3. NOISE LIMITS.
(a) It shall be unlawful for any person within the City of Arcadia to
produce or causa or allow to be produced sound or noise which is
emplified by the use of sound amplifying equipment. and which amplified
noise or sound Is received on property occupied by another person
within the designated region, in excess of the fol1owlng levels, except as
expressly provided otherwise or exempted hereinafter:
CUP 08-13
October 28, 2008
Page 6
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Realon
Residential Zone
Commercial Zone
Industrial Zone
Dav 7:00a to 10:ooD
55 dBA
65 dBA
70 dBA
Niaht 10:00D to 7:00a
50dBA
60dBA
70dBA
At the boundary fine between two of the above zones the noise level of
the quieter zone shall be used.
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10. The holder of this permit and any successor in inte~st shall consent to
the formation of any parking district which proposes to include the
subject property within Its boundaries, provided such district provides
parking benefits to the subject property.
11. Any exterior alteration to the building requires the filing and approval of a
design review application.
12. All City code requirements regarding accesslbillty, fire protection,
occupancy, and safety shall be complied with tol the satisfaction of
Building Services and the Fire Department
13. Approval of CUP 08-13 shall not take effect until the property owner(s),
and applicants have executed and filed the Acceptance Form available
from the Development Services Department to indicate awareness and
acceptance of these conditions of approval.
14. The applicant shall defend, indemnify, and hold hlilrmless the Clty of
Arcadia and Its officers, employees, and agents from ami against any
claim, action, or proceeding against the City of Arcadia, its officers,
employees or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of Arcadia conceming this project and/or
land use decision, including but not limited to any approval or condition
of approval of the Clty Council, Planning Commission, or City Staff,
which acllon is brought within the time periOd provided for in
Govemment Code Section 66499.37 or other provision of law applicable
to this project or decision. The City shaD promptly notify the applicant of
any claim, action, or proceeding concemlng the project andlor land use
decision and the Clty shall cooperate fully in the defense of the matter.
The City reserves the right, at its own option, to choose its own attomey
to represent the City, its officers, employees, and agents in the defense
of the matter.
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CUP 08-13
October 28. 2008
Page 7
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PLANNING COMMISSION ACTION
Aooroval
If the Planning Commission intends to approve thfs proposal, the Commission
should move to approve Conditional Use Permit Application No. CUP 08-13, and
adopt Resolution No. 1782, which Incorporates the supporting findings,
categorical exemption from CEQA, the Commission's decision, and the
conditions of approval.
Denial
If the Planning Commission intends to deny this proposal, the Commission
should move to deny Conditional Use Permit Application No. CUP 08-13, state
the finding(s) that the proposal does not satisfY, and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Commission's
decision and specific findings.
If any Planning Commissioner or other interested party has any questions or
comments regarding this matter prior to the October 28, 2008 public hearing,
please contact Associate Planner, Thomas U at (626) 574-5447 or via email at
tlit'ci!ci.arcadia.ca.us.
Approved by:
Attachments:
Aerial Photograph and Zoning Map
Photographs of the Site
Plans
Resolution No. 671 for CUP 69-1
Business Ucense Review Board Minutes datj1d Sept. 3, 2008
Preliminary Exemption Assessment
Resolution No. 1782
Petition and Support/Opposition Letters
CUP 08-13
October 28, 2008
Page 8
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Zapata Vive Mexican Restaurant, 101 S. First Avenue
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