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HomeMy WebLinkAbout0671 e e e RESOLUTION NO. 611 A RESOLU'rION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA GRANTING A CONDITIONAL USE PERMIT FOR A RESTAURANr AT 101 SOWH FmST AVENUE. WHEREAS, there was filed With this Cofum1ssion on the 30th day of January. 1969, the application of Donald D. Pellegrino, as owner, for the use for restaurant purposes of a portion of the property known as 101 South First Avenue, more particularly described as follows: Lots 20 and 21 of Block 71 in the City of Arcadia as recorded in Map Book 15. Page 89 in the office of the County Recorder of Los Angeles County, State of California WHEREAS, a public hearing was duly held on sud matter by and before thi6 Comm16sion on the 11th day of February, 1969, at which time all interested persons were given full opportunity to be heard and to present evidence; NOW, THEREFORE, THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA I:iEREBY DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. That the subject property is located at the 60uthwest corner of First Avenue and Alta Street and con61sts of a lot 50 feet by 142 feet fronting on First AV,enue and the imme- diately adjacent lot on Alta Street which is 50 feet by 160 feet. The lot on First Avenue is improved With a two-story building and the lot on Alta Street is paved for automobile parking. The lot on First Avenue is in aC-l and D-H zone; the lot on Alta Street is zoned PR-3 and H. The applicant proposes to use the first floor of the building for restaurant purposes. -1- 671 SECTION 2. TIlis Collllllission finds that: e 1. The granting of a conditional useperm1t as herein- after provided will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. The use applied for at the location indicated is properly one for which a conditional use permit js authorized. 3. The site for the proposed use is adequate in size and shape to accolllDlodate said use. and all yards$ parking. loading, landscaping. and other features required to adjust said use with the land and uses 1n the neighborhood. 4. The site abuts streets and highw:ays adequate in . w1.dth and pavement type to carry the kind of traffic generated by the proposed use. 5. The granting of such conditional use permit will It not adversely affect the general plan. SECTION 3. That for the foregoing reasons. subject to approval of the City Council$ this Commission ,grants a conditional use permit for" the use of said property for restaurant purposes, the restaurant facility to be located on the first floor of the building on said property, in compliance with applicable regulations of the Arcadia Municipal Code, and upon the following conditions: 1. The exis ting parking area shall be developed wi th the aisle and parking stall sizes in accordanCe With existing parking regulations. . 2. All signs shall comply With the sign regulations set forth in Ordinance No. 1397. e -2- 671 . e e 3. The holder ot this permit and any successors in interest 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. 4. This permit shall be submitted to the City Council tor its approval or disapproval and it shall not be effective until approved by the Council. SECTION 4. 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 City Planning Commission held on the 25th , 1969, by the folloWing day of February vote: AYES: CammisBionersErickson, Livingston, Parker and Cahill NOES: None ABSENr : Commissioners GOdfrey, Kuyper and Lauber 9~6.~ ATTEST: Secretary -3- 571 .- MINUTES BUSINESS LICENSE REVIEW BOARD Monday, September 3, 2008,11:00 a.m. Development Services Conference Room ROLL CALL: Lt. Paul Foley, Araldla PoUce Department Mr. Dave Thompson, PubDeWorks Services Departmeat Ms. Shaaaoa HaaDg, Admiaistrative Services Dep~ent ENTERTAINMENT PERMIT - Continued from August 13, 2008 Zapata Vive Restaurant 101 S. First Ave. Iaimie and Brenda Magdaleno REQUEST: An Entertainment Permit to allow live bands, DJs, and dancing in the banquet. room for private parties. and for a comedy club in the banquet room. e The staff report was presented by Business License Officer, Silva Vergel: This hearing is being continued from August 13. 2008. The application was filed by laimie and Brenda Magdaleno, the OWDers of Zapata ViveRestaurantatlOI S. First Ave. They area applying for an Entertainnlent Permit to allow them to use the banquet room at the rear of the restaurant far private parties, dancing, Dls, and a comedy club. They are requesting to be allowed to have this entertainment up to 1:00 a.m. Private parties would be birthdays, weddings, anniversaries, officelbusiness events, ele. COnunercial events are notaUowed. Staff became aware of these activities as a result of complaints to the Police Depl Inspection disclosed that tliere is not a valid Enterlaimnent Permit for this restaurant. The owners were informed of this violation and they submitted this application. I Lt. Foley briefly cliscussed the complaints received by the Police Depl The subject' property abuts residential property io the west. Staff feels that this type of enU:rtainment up to I :00 a.m. is Dot compab"ble with a residentially-zoned area, and recommends denial of the application. The public hearing was opened. , Brenda Magdalena, 101 S. First A ve~ said 1hat they provide security for their establishmenl This request is to provide live music for the banquet roODlS. They need to have this to have their business survive; otherwise they do not Imow what they will do. They did not Imow that they needed to have an EnleJ1ainment Permit, or else they would have obtained ooe,' They can ~o away with the night club portion but they need to be able to use tile banquet rooms, as they already have events boolred. Iaimie Magdaleno, 101 S. First Ave., said they saw the potential for here when they purchased the business. They thought this was a commercial area. They want to be good neighbors. Tracey Bmtoft, 36 Alia, #A, did not object to the restaurant portion of the business. She did not want a night club at the end of her street Their patrons urinate on their lawns and leave their trash allover the e Business Uc""". Review Boord Minutes - Sept. 3, 2008 Page 1 of2 .@) MINUTES ,BUSINESS LICENSE REVIEW BOARD Monday, August 13,2008,11:00 a.m. Development Services Conference R09m ROLL CALL: Present -Lt. Paul Foley, Arcadia Pollee Department Present - Mr. Dave Thompson, PnbDc Works Services Department Absent - Mr. Mike Y cltoD, Administrative Services Department ENTERTAINMENT PERMIT Zapata Vive Restaursnt 101 S. First Ave, Jaimie and Brenda Magdaleno e REQUEST: An Entertainment Permit to allow live bands, DJs, and dancing in the banquet rQom for private parties, ancHor a comedy club in the banquet room. The staff report was presented by Administrative Assistant, Amber Abeyta: The application was filed by Jaimie and Brenda Magdaleno, the owners of Zapata Vive Reslaursnt at 101 S. First Ave. They are applying for an Entertainment Permit to allow them to use the banquet room at the rear of the restaunmt for private parties, dancing, DJs, and a oomedy club. They are requesting to be allowed to bave this enll;,llW.wcnt up to 1:00 a.m. Private parties would be birthdays, weddings. anniversaries, officelbusiness eveots, etc. Staff became aware of these activities as a result of complaints 10 the Police Depl Inspections disclosed that there is not a valid Entertainment Permit for this restauranl The OWUCIS were infonned of this violation and they submitted this application. The public hearing was opened. Brenda Magdaleno, 101 S. First A ve~ said that they need to be able to rent out their banquet room for their business survive. They did not know thaI they needed an,Eotertainment Permit, Dr else they would have applied for one. They already bave events b~ked. Mr. Joseph Kovalik, 36 Alta Sl, #Ii, is opposed to the activities because of problems they bave had to endure such as loud noise in the early moming hours. loitering by patroils, lrasb and litter being left behind, and even baving bottles thrown at their property. Ll Foley suggested continuing the hearing so that the police depl records could be reviewed. MOTION: It was moved by Lt. Foley, seconded by Mr. Thompson to continue the public hearing. ROll CALL: AYES: Foley & Thompson NOES: None Meeting Atljoumed e COMMUNITY DEVELOPMENT DIVISION REPRESENTATIVES: Amber Abeyta & Teny Moore e e e neighborhood. They have a door OD the side of the building and when those doors are opened and used, they can hear Ibe noise, which can get very loud. They dOD't seem to be able to control their patrons and this disturbs their neighborhood. Their patrons are Dot classy and the residenlll of the City are not the ones that frequent Ibe business. This establishment brings in people from other areas into their neighborhood, whioh they do not want. I Uyen Wong. 37 Alia St, said there are broken bottles ofbeer and trash all oVer. which are not cleaned up. The music is very loud. In rebuttal Ms. Magdaleno said they hold various types parties like baptisms for children. The broken bottles cannot be from their business, because they do not haw bottles. n is very difficult to say that it is their cUstomers who urinate on the lawns and noted that there are other bars in the area. Their customers are indeed classy people who are from the area. For example, the local b3llks hold their holiday parties there and they already have reservations for them. They are willing 10 cooperate and wiD be in agreement with not having the night club portion. She asked that they be able 10 have this permit IUlti1l1 :00 p.m. Mr. Magdaleno said the bottles are from First Cabin. They clean their piuking lot and pick up those bottles. They do not use the door along Alia. MOTION: It was moved by Mr. Foley,seconded by Mr. ThompsoD to close the public hearing. Lt Foley went through the calls that the Police Dept. had received and explained the nature oflbe calls. It was the consensus of the Board that this would not be incidental and that a Conditional Use Pennil should be obtained, which win be able 10 address hours of operation and the type of entertainment. MOTION: It was moved by Lt Foley, seconded by Ms. Huang to deny the Entertainment Pennit and find that the use is not incidental to the primary business. ROLL CALL: A YES: Foley, Huang, Thompson NOES: None Adjourned COMMUNITY DEVELOPMENT DlVISION REPRESENTATIVES: Jim Kasama & Silva Vergel Business License Review BollId Minutes - Sept 3, 2008 Page 2 of2 . e e (I PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination when attached to Notice of Exemption) 1. Name or description of project: CUP 08-13 2. Location: 101 S. First Avenue 3. Entity or person undertaking project: A. X B. Other (Private) (1) Name: (2) Address: Jaime and Brenda Maadaleno (lessee) 15208 Cerntos Street Fontana. CA92336 4. Staff Determination: The City's Staff, having undertaken and completed a preliminarY review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project 1 c. The project is an Emergency Project d. The project constitutes a feasibility or planning study. e. -.lL The project Is categorically exempt Applicable Exemption Class: 01 f. The project is statutorily exempt Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: SeDt. 25. 2008 Thomas P. Li Staff 7/02