HomeMy WebLinkAbout1782 (2)
e
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 CMC FUNCTIONS AT 101
SOUTH FIRST AVENUE.
WHEREAS, on September 19, 2008, a conditional use permit
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 Service~ Department Case
e No. CUP 08-13, at property commonly known as 101 S. First Avenue; and
WHEREAS, a public hell)'ing was held by the Planning Commission
on October 28, 2008, 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 RESOLVES AS FOLLOWS:
SECTION 1.
That the factual data submitted by the
Development Services Department in the attached report ,Is true and correct.
I
SECTION 2.
This Commission finds:
e
e
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
e 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 set forth in the Arcadia Municipal Code. :
I
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 Ii whole there is no
e
2
1782
e
e
e
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
maintained ina manner that is consistent with the proposal and plans
submitted and approved for CUP 08-13.
2. No night club or dance events ate pennitted.
3. The doors facing the parking lot and AIta 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, 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.
3
1782
.
e
e
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. RestauraI)t 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
. I
limited to 5:00 p.rn. to II :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 i~ compliance with
noise limitations as outlined in AMC 4610.3:
4610.3. NOISE LIMITS.
(a) It shall be unlawful for any person withi" the. City of Arcadia to
prodl/ce or cause or allow to be produced sound or lIoise which is amplified
by the I/se of sOl/nd amplifying equipment and which amplified noise or
sOlmd is received 011 property occupied by another person within the
4
1782
.
I
e
designated region, in excess of the following levels, except as expressly
provided otherwise or exempted hereinafter:
Ref!ion Dav 7:00a to /0:000
Nifiht 10:00D to 7:00a
Residential Zone 55 dBA
50 dBA
COlllmerciarZolle 65 dBA
60 dBA
Industrial Zone 70 dBA
70 dBA
At the boundalY 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 fonnation 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 accessibility, fire
protection, occupancy, and safety shall be complied with to the satisfaction
,
of Building Services and the Fire Department.
5
1782
.
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 Deparnnent to indicate awareness
and acceptance of these conditions of approval.
14. The applicant shall defend, indemnify, and hold hamlless 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 annul any 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
I
Section 66499.37 or other provision of taw applicable to this project or
decision. The City shatl promptly notify the applicant of any claim, action,
or proceeding concerning the project and/or land use decision and the City
shatl cooperate futly 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 ofthe matter.
e
6
1782
e
9/512008
To our LOYAL CUSTOMERS,
e
WE NEED YOUR HELP! We have been in business for two years,
and after many struggles and hard work we were finally getting the
hold of things. As you )mow we are a Family Restaruant and Bar,
in a commercial and residential area, however we also have a
Banquet room that is available for civil and social functions.
Earlier this year a new neighbor moved in a few houses down from
us and has complained to city about our banquet room. We have
had various functions for over two years now and have never had a
problem, however since March of this year it has been nothing but
problems with this neighbor. They took us to a court hearing and
unfortunately influenced the council members to Plake the decision
to bim us from having music in the banquet room. They called our
clients low class and did nothing but offend our hard work.
Without the banquet room we will not make enough revenue to
cover the expenses needed to survive and keep our business going,
we will have to close, our work and dedication will be lost. If you
are in favor of keeping the banquet-room in our facility with a new
set of rules for it, including earlier closing time and security at the
private parties sign our petition. ifnot thank you for your time God
Bless.
Thank: you for your Support,
With much Gratitude
(626) 254-9111
Brenda Magdaleno
Jaime Magdaleno
Owners
e
e
e
e
-
A-re. V C_r"2-.....
(
l\ \. \
{;-vJ. ~1"""'"
,-
.... _f 7 e..
I
.z-
.
e
e
(
.
SIGNATURE Date COMMENTS
. I ~ er/Si at""ro" J 7Zo - S s,'
~fjJ: ,. _ ~.3SS"'''''~/r
, rn Dr .1. . l..ove. Th is Il/eV IlII.. le/u.,.,.f-
lJ.-IL. f "cf;~ tit.. 1./ J... ~ /, .I ,j_ ~
V7~)ff;/,hL ~/,,-' '" ~ArW' . i~1~'t ~
~ ~ 1';/~y:U ....~./;nlj A;?;;1'; -P ~~
7 'J /) v ~A~ A_.... "'ft"/c' ma-"A MA~"'~l.IV fY.fT"..
...,.,:?' ~ // 71t ~'(JK "f~;;;;{: -Ih"/- IDud.
'v81)'~ ~q/s:{,li' n.. _ Ml.aJ- L. O. JlA ~..
~ 0 Q'5 b<i! " ft A~"'_ I ~ I ..f)').. ""~.bJ..lKDn+
(f';!J'::'A.: J 161 ; ~~ If,'" ~ ~ ti I.....I,} /1. A" \.
f21u,..r" L.. ~ a :"r 'JK 1 ~ ~ J, ....-: ~'IJ Ii "^L... (...J Pis laJttl-. h~okv.
~'\,.\C',~~,lY1 q /,1"'3_).'1-1.' \~. ",,' l. ~ D~ \, ~ I +l,he. (1 tr:., .~
t .'~.L ~.:ilb ftx;t I.,. ; ~ t;. j .p'Il.)'\ J.a.b2 ,., .. :...fJ L-iJ; to Ltk/)I
~ V j' . h /I ~. ~ / u
e" y'._ 11'- ~\( r r..~.... "-~.
Eli .f//'rodA"7 eik I X' 7/.lPA/~ IS #..:L GAEIJT
~ )nL<' Jl~ ry'l~/rY fl-tf.515.,,,, {..,,2E41" P-C;-.::...J1ilv':' ~...r.
(f J. . ?",' 1)~UI~y ~1111 'in.}f- 35iG
!loJ~ '11 ~\ '1/& /C'''I,t Ib~" I pH - <J52#.
'J(lj ~.'W_tfr;,/... '~i.'-; (> -r 1,/,,)) 11/1.;:; n,)ui. ' I'
F...1.I~l.' ..I/ <}IJ:;; ./" "/
I/j)lf'''''' /~: IIA ~ f\(iJr,."i'le, LvI.!) (1..AS~;'I/6'<e ):j,' t.
lJit/;,ffchrti/1 *(03 :4t-ma. t(.t re. };- :J:t.j..I ll/;171j,;t_t'7(' ~.V(;~~1Aft;.
l.fl"~'ktu.6J'''l-(j q 70p hi, ~l AI/ ,!JIu L". J. ~;<.l17-lj c S'
r?.-trr_ J,1tV~ "II 7/.) ~ f.Y '~ .,-,.I,t:. PL:Vr. 9:'_ r" .~.n /
t..'v/.il< .J-I,?,n,?::;.,.. Cl:r!,.../ 0 F-/,-n1'CV-gtl.5,MeL~_ -([';'Jr;e,/
;1!ltL(:,>f 1)-<t.~1.-o.. ~thlx' J llii. liNe'. 'N,,'>. ,"'{rid tfr'd t~e -+Ae
i1VW&JvJovJ.i/ q '/ t~ "Z.{k Xth\~ 1'7 ).VJt){'~LL I.
I \ ! I
\""'-'" I ~ )
\..
.
e
e
COMMENTS
~IC. CltCUE.r-v'- lPifl'lT':J......~' II.: I-'<I.~
IS 'wpN-r MJ- ~ I.Pb
I
I
2'1>-''''-
0/2/11<:", ~-r
{:' A~(AlY',tj.
~
N:.t 1:'" T c;a.~"
C' I." ",
~ v-,.
q..'C...,/,.S
Cl"l~/\J<t ~..U ~U.\,,\ t~. ,
.
SIGN,ATURE Date COMMENTS
(Yd \ ,;. L""'/ . .<.' q r/ir r; LJJ,,-ti .'{"Il' I j.
Il~ ...... ~ f/u'o''Jv_. ..... H., M'.. A"~~ 'M '
11'LAur /J1 y.J~&. '1 17/ S' ~ . ~ fr
,v'~ 'f{~?.r- I t; 17ft, Y: -;ii,,-<,.L> G .-..c~. ,1..:1 ,..{~, ;".t
] "~. 'i'h o~ E:- . .,~, .~...",:" ,~ p..- a,,~~
tt/t..,. r~... q -7./:1 'l Ofl.(f"I''T iLue. J. ~T~ ~M;.,t---t..I
c;; ,~ I ,e J' , ? 0~........ '~_J'I>"'T-( ...... ..-.~ r '\,\"., ,.. ?
..;.Y:!~ 'l/~',i.-- c: ,lor -r._-..~ Tu -- "'I..-T s ': 7..DD'''''( T '" (....",... pll\<S
(I/v.Al\11171'G 7;~ ~of), (1:l}()(!l t'nt'. M.(li'1(l)lnj(';~IXl.-r" ;~
iJCMr'-lll "Gcrd q/-~ k' 1(iS r \ a fi\-\;(v~.sf.~'fMrt Inl.tft (:l( OIN
.l/r,fPfI?'.r:::.t:wr,iI...J .; I. fr'tJ l-rOt'b f':vt.. ~. tolA- 1'rl'l.i7r~ F<.,e ",.1"( C,,'"
,7'/,' ,--ex.,'t.r J /~ ILt ('R-t:O-t [OCr fife;) 1AAUc,r<,-plV DPt
~ ... '-l n '. -ltiI<, . (tOn to
.-::-'..\:-....,."y,CY7.o 77 /"F~ r;:.r"<:-'r. ~ ~@.. Ie: I))nr \-
OU1Lkr, IYPl,'vt 01lhA ~'1\,.(.\{.i(~' '{~ I\"I\} 1'~'\i \r .kA1Q'\L")~Q
t'v\Dn@.1 "? L:+rJ~ "7-1.-'0'3 6-e,.1 Cl r I r '-
~~ ,I!~ 917/0A \A/r.:'~IC~1'l-rNI,>: ;;J.F!i/J(.;A~,r.:!LL.:;:7
J. X~{cl1;;(J._l -;~:'/ -L '1 I',~,:, ,,,:.-,, -Ijt...~ 7Li-.."'/I..i..{j....i'~-.i 1.. ',d.';ia. G.4""
i1?.t.-1 )jtfit,~.} 1,/11v 'J Gb?~I"} .C~d ~. l..~5;;2c1..M. '/'-
1 . ~.. "x.-i- "'-'<>-, ~it... ....t-< .:C<!s-~t1~ Cn~,c ". fI., ,-nu "". t;-II,
/: . r~.~_G...II~...J 917 .'.1;:;- I..:":f,,,., I /1"'.... hErC.('E -11M..' 1)(...".)-;''''' "-~
(~ ,~.' t1-h9h/c'r ,"hhJt ~dl / / / V
- ~ ~,3/ I C:j' 17 Itk /5 t, 1-rJ( /.?/.:. ..':("
"ialJ.~ ''I"' 1(./5 .N;",<//;"tll,~..i?l dt..t.r.r{-1'Ii.: ;:'-'1# )J;?- /.!.aY," , ;
(;:~t'. ~;.. :! _ '71"f< (:;;;%;// /1 .Lt}J'-fl~' /'J-~d;l/J;~'(Jic}~4
,.... dllf)~i ,'f;J/I;. o/;ltfl U)t.. li):JI'Hfw:., '0af',r;J . .
I;frf" ,i.. J~f Y-7 (r'!;;FllllJ. wduJ,-;/--rh.\ /1 i~
16.fj2ti //#/,//,'7 _ c1-7>fJ IjL;; ,.Il,f/) --111// ~_i /./ J.~n:/PI~f
,~,~ k;/;\.' ,,/~tJ'I ~!/~t.('/ .t.<Jjlv/t.th .-f~{.r'.v~,-r
......... II 1
e
e
e
e
e
SIGNATUW: Date COMMENTS
fl~ ,; /'. "( "~'A..,..n.- Cf.J' ~ Ve>".( &Go'! 1./, r:J"'I~il.L I V\.(1 '/-+
,,y' /1" v ~ ,_ "'..... ,~ / .
,/,_ ~~-""'~ .:J.J-t.',,> ~:21~ Xi...., .....,.... w.'. /,"$.
/. {-I" '/1 (') .') .J.' 1 n , ,,'./ 11/ Z/ II
7' /' .LY"""V'JI,~',6. rffcrj /f!e../"lJ,:/ (-...c;:o<"E:.Y / ....-t...'C~
(;:lJY/ ~>i !\z\)~ q-SJjS vEtl~le,,\- f././j G~~......\- PI?Ofk.l
~,..~.LJt. ~~.)' q -I( -r. r, ""... ~ .~. I..... :t ...",..~_ ~
~ttvf, -nWIl"-' t'f-q:-ol rxJo II 'h b_'I'.:" /'RrY )1',0-,
A.1vL ~ n. II;L 9. 5/1i ct 1/7'" Jl ,j .9;., C'<:.'/ 1'~"V'l...
~,!JA1.IP.i <.fIr/ii ~~~~~/.oi' /qN vr
'"\ I.J c,,I'-'.,/ F~~ H/.~AJ,/'f"'"/.!.-d".. ,r"~7~
/ ),/)fJ. . . ",UqW( 1/fla.. ,kpt/Cji- .t'p,;-pA'2)iIJ.. /JIVA.lr',/j f,.
T ~':J..,..;- <1,.f f{[ol'€ i..:..sj :Jr.:"}, ;;~/':"i~,. ~Vi"!J.-
rI..t,:-- "/. '(/ (/ l,'/ci? ), 4 ,~,' ,.".., S. h-<"'''' Ii. 1~"".:1't
:';1tQ.r::~ ..< ...I-"A-' '1.~. 08 2f.-f'-Iff-A.' \\61J.~JJ Ve,; AILelVJIAl0;6) {14J-O'j';>
.1 '.. .\..J\. ",,'Yl 1. "&0 'b 6"..,.1,. :::'(..,..21.. "'-'~""L I (t. \ .r,,,, l~'
V / L..,J' ~, '1 rJ c-."? ';:"'t'!tT .C0 ""t"'1 J loci", 'T...oY' I;"ClI H,t'- ' I \
t:.ld,'ul/ J., ~,,' I ~ )\:1 ,.,,;. .!j;, if ,.";'7 ._:1. :i-""{'r-~{..,,, ..~ -Je.
I/u 1""<', ll:Ai,-", ::7/.... t,:~ l'y\U'C.UW I_\\tt'~( .+/.1. 1(\;-( -(-I.....; " 1(.,( ~ "j fl."{'\
I>i:b.. .lLSS'W.iWi:; Cj /c,1 If] t.;:Cn.J- ,or!, -. '
'I\iL\\IU;\{ Vlf':I'PJ Q/~ k;:" "'I.crI.LiJ ....!l,Ot1l1it<<
Il\,n.",-\r" KLi'IW~' C(kiU?, l:'o!6c.~I"'1'r: r.....J.c.l.L1. 'yo ./y:;}CO,..+. t~ U(~kt.)
t" r. L' /
1}J1.1Joe..v f...~ .J.'f~\"" CJ I~ r .:; $ G--re.,... 1..)"\ ...... ,d . \ . ,,,\
<;:~/! LA^1-itJlI.i 0'" ,iP. ~"::t:.N7~ ,1'1' 1/{ [1'-<:.". /IA,.n.Vj'1pf-Q"f,VI
~ :,IiI lfJ!'J ,,~, q' il V c" eot lD \%u.c...:;f <C: \ 'RlJl w f- rn-d.
i "/ ,/:I.':''''{ "0/ t. 'j t I/?
'jl .. ! ,_ I l. L' . \ -. 1
'Ill{t! I '''I '''''''~:.- Cj '.e 1~1S' J'el'-I 6,.j D() r~ N<.,;--l \.......(c.~....,.-I-.
-'
rrll f1~J'r-1 OJ/ III ~ (,r.uh .IfE-1..
;1J1!l/&((,(/IV 9/1':;').:)15 6~//;>EAT FceO' 6);/Y) mllf. J
.ut, <:~. ,. \l 9"-'-'"""'''' (j I k : l:S .-. CY;:' :7."... r" ,f';:o:., V, .".(' I
, I
,i l:......,-.,...\ ~,..(..:l(. :\1(\<;
c",~"..h.l ~~ It " ct. LI
,.
.J
~'--~ ,- .
-'
e
e
e
I~NATURE Date
:/'...L .0 '" -;;;-1"..'/
,,,fa:-.'!! 1/;':i-M <r/II/I'';
( A:l.JII!t\,Vvt.- f)t!'JN ~
./'(11.1 %),'01' '''' -J3.{/'6
~ ~. \. ~ -f;) ~
_~7~ '(....JZ. .oy
~ Cf-/1.-c'l( I\oo:c" ,.C\.....
. ~ q .n.-U7 :::r-'~ H-L'-c~I,I_." It t..d1rt.,'.,. I
J . .
'Z:IA::'Jldl......... '\ -11 .o~
-e../_ jI d~ '/--I:t!")O l.,.. /' ",if, ? .//f,.tl" j' ./;r'J"JIJ?L(+''(:..( ,
..JIJ,.i /""'...... Iq .JZ-it \Jhll.-' F ~I) (~l(\)\ (~
~(JJJ)tI{j:]l(1Jh {..)-Ia.-t.fif ~.t..t N..I1?1J!. tJlltu..' -d;k1&i8illit.b._Y.~I!frlCt
.-A"J /H.ll...l.. '1l1)-d ^,7~fi+fl/./.. -( <.$'sJ"FMQZtJJT'
(.~I"'t.t f<i. 't-tl~. 'ill. . C' f ./tH4 "J../ / n(.t..c' ju.-tc.L-
~tJj/1J' .f H;r it d1.0~ /-f:S. /7k:.r::7Ff 771
) a"u f 1/.t.'r.J)'lIQp, f'li,'6f tUtLy,,,",,;; '.""'rl./ fAtj /U.ltJ,.'.lif-'
1.? .the:;. '.J.,/I<.- 9;' 't /iY $' ,/d U ~
-l RlfJ...... 9111./ t'tf tl ~i7'-&~6 .;tla~ .
h.~ ~+Lt Al ~/iJ.kJ. fe~) "~~U~flA';/'V'~~;~;"~1J.du,:,,
I T I tf"oA, M\...!1J.1 l.t.t..f....:J'-'rt;;~ f:W1 Ltl;>'J,j.!q'
It,. !..'L L, 1TI5 ",/;.. ~ I?C~UUI!
Y-Lc@ ~ ~.f?l I. 't/('(2.J5 Di-HI.';" Jd: - "'~f'I1D.'..v'
~~
.~,;. /d ().It q h.1JilY ;-~'" I{Dftt.,/ q},:.",. ll-..t.. 'f':;cd."';,~~fl4-t;.~-&;"?
) \': \4\V}\ c \\,- q ft~' Ox Ic,'/{, D \ i ",rJ-~1-l ~..k~:I N'I"':' t r
'~..hbuIA~: bdJ;rl\.>.':'-z. 'erf, Jutt, '~.w= Rr~7 <>
. ~~ ; €. IN"J-l<\. ~~ \5-~ C\ I/.Lcd ? t... 0- ,C
li'/..{\1C1 ~d;rJ1\ ql-fJtk LiVG.tt PIa.i0 - -t+ ,.HL(1. U1,)c-l':J L7
COMMENTS
/(J r"-l- ()/ty(,/y rI..rt Co yvll Le
()uafstdtct ; 1 {1IPt{ .f"lzJD
\/O--lh.-ffl.I..f! ~~(
Uf/
e
\,::/
~i"/~:. f '"
OJ II bios
,1
UOC,
L.t-.:
lJaya lNtl O.
L l -..l.\.\..J . i-?;,
;k" a."
'i/1(,,/03
q/J 6J1 O~
C\ I \bleB
("1/" lu'i
O..,erS.+ 'n f., ')
e
"i 11blGe
h;"'~"j!J
e
luck \.
IVge+h er
. SIGNATURE Date COMMENTS
n~J .\." ~ 8-[' ,- 5_'1(" t:'iJ/dJ.
(L.-~/-}I ./L ~'lb-c>l1' De I, D,sf...-b../.........
7' ./'1 .t::;. ._. R-(6 0 ~ hrruIC, r) -.J
L .J'UO$)(/t ql J'lniOi h>D-rrA; /I iFCL-L-
u-Jl",bJif J'.~, ' I q J I/.I 0" .-;-; . r!.(.i / Z"'--
I -( V
e
e
.
e
e
COLDwell
BAN~eR l.J
<<ltlr6atD L:.yU ,
I\EALTO!t IIll
Int.c::r'Olltlona Praldcnt'.Ctrdc
IlE5IDl!lmAJ.. _I,GE
September 9, 2008
!tESIDENllAL !tEAL ESTATE
IS E. FOoTHILL BLVD.
A!tCADIA, CA 91006
DlIIECT (626) 821.llll
FAX (6.26) 4+7.0l88
blylc@?c:oIdwdllwlkor.mm
Www...............'__LJIc
Ms. Brenda Magdaleno
Zapata Vive Mexican Restaurant
101 S. First Ave
Arcadia, CA 91006
Dear Brenda & Carlos:
. .'
,." ,,:,.,
,. .
7"j;
~_., .
- ~
. - ..(
,
I want to lend my support and express my appreciation for your generous
contributions in Arcadia.
I have eaten at your wonderful restaunint many times, attended fund raising
meetings in your banquet room for the American Cancer Society's Annual
Relay for Life, and you have generously supported charitable fundraising
activities for my office by donating food for the event.
After hearing of the complaint against you, I cannot believe that someone
would do this. If there is anything I can do to help, please do not hesitate to
let me know.
Best regards,
~~
.
e
-
~QKe
,-i\-/_ ;1
~ !J ~\:~~
..,. '1.4.:.t' .. ..-...-~.. ~-/. '1-"-'-" ~~ ~
~tt~'s:y~~t~lif[d-}ffl'(1)m,ea~~
September 9, 2008
Ms. Brenda Magdaleno
Zapata Vive 1IIr~"8Jl allolL._t
101 S. First Avenue
AroadiIJ.. CA 91006
Des.r Brenda.,
I
We were very sad to hear about your legal problems. Your restaUrant has been suoh a key
part of the aommuniw for so lo~,it's diflicult to Im"glne Arcadia Without Zapata. Vive.
In FebruB.ry, we started hOsting our twice-monthly open mia aomedy night a.t. Zapata. Vive.
To data, 90 d1ffllrent aomed1a.ns have performed on the llttJe stage in your banquet room.
We a881Jmed. we'd a.ttra.ct aomedians from the 8a.n. G~briel VsJley, but performers aome from
SB tll.r as Riverside, Corona. Lake Forest, Gr~a.da Hllls-beoause Zapata. Vive offers a warm
welcame to everyone who wa.lks through the door.
Some of the comed1ans who aome to perform a.rejust starting oilt while others a.re honlng
their mate:rlal. for shows a.t Tba Comedy Store, The Improv and The lae House. Even Bobbie
Oliver, one ofL.A.'s top sts.nd-up comedy tea.chem is a reguIa.r at The Joke Gym.
On beh&Jf of aJl the comedians who have "worked out" at The Joja! Gym, thank you for
letting US use the room free of oha.rge.
Of course, we know tha.t Zapata VIve is a. friend to IIllIJIY organizations. You've hosted
meetlng.s for the American Canaer SooteW's RRele,y for LIfe" program and you've supported
the efforts of the A1'c8.dIa. Assoc1s.t1on of Res.ltors. Almost everyone who is involved In
aommunlw programs in Aroa.dia has attended. atleast one meettng at Zapa.ta. Vive.
Please keep us posted on the legaJproceed1ngs. We hope this matter is resolved quickly and
fa.irly.
Sincerely,
" ....<.wvo\~-h ~
-:;,,'" - J4
CVA-VL~ ~}l,J<:,~
;/ ~--
-
Soott Shh..".....to
Co-Prol1uoer
Paula JohnsOJi
Go-Producer
www.thejokegym.com
Regarding: Zapata Vi"e Restaurant
To whom it may concem:
tiname is Virginia Ramos Kataoka, and have been a resident in the neighboring San
riel area all my life. I've always thought the City of Arcadia was doing a wonderful job
king sure of keeping family owned businesses open, like Zapata Viva Mexican
Restaurant (that actually knows how to serve a real traditional Mexican meal, unlike a
majority of the large franchises located in the city that don't offer this). But recentiy, I've
also had the great pleasure of enjoying myself as a new comic and the fact remains that
being able to locate a pleasant environment where you can practice your jokes and have
such a warm welcome has been priceless for me and others like me that have come to
depend on the graciousness from the owners of this establishment. This restaurant has
been a blessing for those of us trying to hone our craft. This place keeps us from being
forced to drive at least an hour away just to end up'in some tiny smoked filled bar where
not only is nobody is able to hear your jokes, but sometimes you don't even feel safel
J::~ !s the main reason why we really need our Joke Gym here, at this location that at
bef lime, we have all come to.l~vel. So I ask, that you please consider all this facts
ore you make you final deciSion and know that we would all be so very grateful for
your thoughtful consideration of all of us that would be greatly affected if t1i' e. I'r d
forced to close. oars were
Sincerely,
Virginia Ramos/Realtor/Comic
Sun Realtors
1428 Ridge way Road
San Marino, CA 91108
ect (626) 429.9120 .
-
.
e
-
Jonathan Smilowitz
4050 Giencoa Ave, #216
Marina Del Rey, CA 90292
Septemper 8, 2008
Brenda Magdaleno
Zapata Viva MexIcan Restaurant
101 S. FirstAvenua
Arcadia, CA 91006
Dear Ms. Magdaleno,
Could you please forward my concems about the futUre of Zapata Vive Mexican
Restaurant. Zapata Vive is a very important business for Arcadia. Irs a vital outlet for
many people in and around a large portion of Southem California and beyond. I have
repeatedly made the trip out to Arcadia with many of my friends, from Marina Del Rey,
just to attend events at Zapata Viva. The loss of Zapata Viva "YOu1d be a very big loss
for Arcadia.
Sincerely,
l'mh" Sm'_
.
DRODUCTIONS
Rnbbie Oliver
PO Box 411144
Los Angeles, CA 90041
(323) 697-8287
bobbie@bobbieoliver.ncl
www.standupacadcmy.nct
www.standupproduclions.net
September 9, 2008
To Whom It May Concern:
I am writing this letter on behalf of a wonderful establishment, Zapata Vive in
Arcadia. I leach stand-up comedy at the Ice House Comedy Club in Pasadena, and own a
e comedy production company. My studentS from StandUp Academy and I attend the
Zapata Vive open mic twice a month. I cannot say enough about how iJ1lportant this open
mic is 10 lhe communily. This is Ihe only place in the area that provides a friendly, safe
atmosphere on a regular basis for citizens in the community to come out and express
themselves (while having a great time).
Zapata Vivc is notjusr a restaurant. It is a home to comedians aDd aspiring public
speakers all over the ArcadialPasadena area. If this establishment were not allowed to
continue these events, the community would definitely suffer. llmow comies who drive
,
fi'om miles arounu juslloallend thcse open mics (and spend money in your area on food,
gas, shopping, ctc). These events are not loud; they contain no music or loud noise
whatsoever. In facl, YOII could stand outside of the restaurant all night and never even
-
.
e
-
know Ihere was a comedy show going on in the back room unless you were told. The
cvent ends by 9pm, and there is never loud loitering in the streets after the shows.
I encourage you to consider. the importance of the events held at Zapata Vive for
your community. If this open mic goes away, we will find another town in which to
express ourselves and spcnd our money. But Arcadia would be a lesser place for having
lost such an incredible venue for these events. I would be happy to speak with anyone
reboarding this issue, either by phone, cmail, or a public meeting, ifnecessary. I can be
reached al the conlact infonnation at the top of this letter. Thanks fOr taking the time to
read this lelter.
Sincerely,
Dobbie Oliver
StandUp Academy & SlandUpProductions
.
.
e
-
~hao.com
0a1le: Wednesday. September 10, 2008. 10:07 11M
,I
Hey &renda.
I am from Torrance in South Bay & "frequent your zapata Viva Restaura
to ,do my cOIIledy. I found foo<\ is ve%Yj' good (, dri1lke are ev..,. better
Thank you for servicing ArcaOis as well as the south Bay. too. Pleas
keep up the good work for ArCadia community.
Much La'Ire.
Yoshio Moriwaki
,
.
;
1It<l(lWS 1.IVe J-lounalll'nnl Message
Page 2 of:
!-li Scott h
rn r.asponse tn your emalls infc,r;nlng us about Zapata Vlve, please forward this msg to.Brenda.
Scott, J'm hoping and wishing \'nu, Paula, and all of us Joke Gym comics a long life at Zapata Vlve. .
aha
~'ear Brenda,
I ret:ently learned of the unfortdnate situation you're faced with at Zapata Vlve and offer this letter
::;f support.
Zapata Vive is well known as a positive restaurant environment; It also hosts the Joke Gym, a
bimonthly open microphone for rhe comedy community hosted by Paula Johnson and Scott
Shlmamoto. The Joke Gym has received excellent media coverage and praise In the Los Angeles
area. All of us, friends and family, support both the Joke Gym and Zapata Vlve. In fact, It has
beaome a favorite site for our comedy community, particularly because of Its unique location,
between Pasadena and the Ink'lnd Empire. It's warm .and welcoming, with good food and
entertainment. Over the years. I have eaten at Zapata Vive several times, all enjoyable and
n'E'morable. I sincerely hope tnat Zapata Vlve continues to exist as a popular restaurant. and
.:O)ntinues to host the Joke Gym.
Please fo'el free to contact me I.>r further Information at 626.794.4456.
1\'1arsha Morgan. LCSW
Aitadena. CA
-
e
-
Ilbll OSw.blu I 05 .mail.live.eol1l/mail/I'rintShell.aspx?tYPc"'message&epids=ef1Sf48b-21 eb-421 f-809b-O... 9/1312001
e
e
-
Rudy Boehmer
11184 Huston Street, Apt 20 I
North Hollywood, CA 91601
September 10, 2008
Brenda Magdaleno
Zapata Vive Mexican Rl.'stllunllll
101 S. First Avelllll'
Arcadia, CA 9100(.
Denr Brenda + Zapnta Vive,
( would like to thank you for hosting the Joke Gym Open Mie comedy show at your
establishment for the past 12 months. Every first and third Thursday 'of the month, I
have come to Arcadia (rom my job at the Jet Propulsion Laboratory in Pasadena to enjoy
and participate in the comedy fun! I can't believe it's already been one year, and I look
forward to many more"!
On behalf of comedians by hobby (such as myself) or those with higher aspirations, we
appreciate the slage time. Of course, the food.is really good tool (I'm a big of fan of the
came asadaomelette myself.) ,
Thank you, and cheers to many morc laughs, to come!
Rudy Boehmer
....yuV...3 '.dVe uuUUWI nUIIIVlc:ssugC
Page 2 of:
To; rakamoto@yahoo.com
Date; Thursday, September 11, 2\'ud, 1:36 PM
The Following Is a letter In suprort of Zapata Vlve and the Joke Gym:
.Whom It May Concern,
My name is Vesel Manrique. I have been doing stand up comedy for almost :3 years now. This last
year I have really been In the scene hitting It hard and getting behind as many !'nIcs as possible.
Zapata Vlve (a.k.a. "The Joke Gym") has gave me unlimited opportunities to practlce my craft. I
have practiced many routines there that I have later used to showcase at clubs such as the Comedy
Store, the Ice House, the Improv, etc. With the loss of this room, it will be a huge hit to the comedy
community.
I 3m pretty sure that I can speak for everybody that has even been to Zapata Vlve and say that It
I~ a great place. Not just to perform comedy and try out new jokes, but the food is very good, the
s.~r\'lt;I! is exceptional, and the ')verall vlbe Is very welcoming.. Please do what you can do keep. this
amazing establishment alive. A lot of people will miss It If It closes down '
Thank you very much for laking the time to read this letter.
.51 nee rely ,
, Vesel .yak" Manrique
e
"
lib! I 05w.blu I 05.mail.live.com/maiUPrinIShell.lIspx?type=message&cpids=e461cc62-c9d8-4414-b15a-... 9/1312001
'imfows Live Holmail Prinl Message
Page 2 of:
To Whom It May Concern:
.name Is Joy Yurada and r live in Toluca Lalee and J have found Zapata Viva an exrememly
it;\'e part of the Arcadia r.onlmunlty that is contributing to the city. I have thoroughly benefitted
rom the gatherings I have attended to there in the back room - namely the stand up comedy.
Laughter IS such a healing event. Please let us keep this place of laughter.
Sincerely,
Joy Yurada
e
-
://bll 05w.blu J 05.mail.live.eom/mailll'nntShell.aspx?lype=message&cpids=a207e2d5-a7ea-42ge-bci:6-e... 9/] 312001
.
e
~
To: Thomas U, Assoc::iate Planner, City of Arcadia
From: Joseph Kovalik and Tracy Burtoft
36 Alto st. #A. Arcadia. CA 91006
Tel: (626)446-5730
e-mail: josephkovalik@sbcglobal.net
Subject: Conditional Use Permit for Zapata Vive Re.staurant
We hove already presented statements at the Business Ucense Review Board hearing
for Zapata Vive August 13. 2008 and September 3, 2008. We ore :attachlng these
together With 0 letter that we wrote to the Arcadia Pofice Department.
Alta street should remoin a residential street for fammes. Zapata Vive should not be
given any sort of permit that will ollow it to provide nighttime entt!lrtoinmenl. Nighttime
entertainment at Zapata Vive can be anything from birthday parties, christenings,
quincinieros, wedding receptions 011 the ,way to disco nights. Regardless of the type of
event, they 011 have the follOWing negative impadon Alta Sf.:
. Very loud music until post 2 AM.
. Large crowds of people drinking. smoking and talking loudly on the pubfic
sidewalk outside the banquet hall doors on Alta St.
,
. An increase in foot traffic. loitering and fittering on the residential parts of Alto 51.
. An influx of over 50 people who do not live on Alto st until. past 2 AM.
We are just one of many families thot hove been woken up and :had our nights ruined
by parties otZapato Vive. After complaints by Alto St residents. the city code
enforcement office wamed Zopato Vlve that they did not hove 0 permit for nighttime
entertainment and should not hold events until 0 proper permit was issued.
Notwithstanding these wamings. Zapata Vlve continued to hold nighttime events. Only
recentiy have they stopped holding nighttime events and our street has become
livable. If you allow Zapata Vive to start holding nighttime events. you Will once again
make our street unlivable for families.
The nighttime activities at Zapalo Vive disrupt our sleep at night which interferes with
our ability to pursue our normal daily activities including taking care of our family and
going to work. We ore fully prepared to tolee all actions that welcan to preserve our
right to sleep at night without being disturbed. These actions include civil action
ogalnst the City of Arcadia and 0 legol investigation by the County District Attorney
Office os to why city ordinances like noise levels are not being properly enforced
resulting in damage to the health and well being of families.
.
e
~
We hove spol:en with many other residents of Alto St and they ore also against
nighttime entertainment at Zapata Vive. Unfortunately. they do not receive notices of
these hearings and very often do not understand that they have:the right to comploin.
It is extremely Important that the review board does go to Alto Stand asl:the residents
how they feel rather than relying on hearsay from Zopato Vive about what kind of
impact they have on the neighborhood.
For these reasons and those given in the statements presented at the previous hearings.
Zapata Vive Restourant must be denied a conditional use permit for privote social ond
civic functions.
Joseph Kovolil:
Tracy Burtoft
.
e
~
To: Amber Abeyta. Business License Department. City of Arcadia
From: Joseph Kovalik and Tracy Burtoft
36 Alto St, #A. Arcadia, CA 91006
Tel: (626) 446-5730
e-mail: josephkovalik@sbcglobal.net
Subject: Entertainment Permit for Zapata Vive Restaurant
In addition to the letter that we presented at the August 13. 2008 hearing for Zapata
Vive, we also wish to state the following.
We are putting the dty of Arcadia on leaol notice of 0 danaerous condition on Alta
Street due to activities associated with parties held at Zapata Vive Restaurant. There
are people loitering and drinking alcohol on Alta St. whenever Zapata Vive holds
entertainment events. We also find broken beer bottles, beer cans and litter on our front
lown. Moreover, the music levels from Zapato Vive exceed city ordinance limits and
wake us up at night. This disturbs our obllity to pUlSueour normal doily activities
including taking care of our family and going to work.
On Saturday. August 23. 2008. Zapato VlVe held an event even though a permit hod
not yet been granted. This was noted In police report number 08-435 of the Arcadia
Pollee department. This further adds to our complaint that Zapata Vive.completely
Ignores 011 city laws and ordinonces when it holds events.
,
Zapata Vive holds a liquor license type 47-on-Sale General Eating Ploce with Operating
Restrictions. This does not permit them from serving alcohol at their banquet room
events or otter restaurant closing hoUlS. As plainly evident on the "Disco Night" nyer,
they have violated this law. The city of Arcadia must investigate aU violations of this
,
liquor license and report It to the Califomia ABC.
For the reasons descnbed in the August 13 hearing petition and for those given above.
the entertainment permit for Zapata Viva Restouront must be d~nied.
e
e
~
To: Amber Abeyta, Business License Department. City of Arcadia
From: Joseph Kovalik and Tracy Burtott
36 Alta st. #A, Arcadia. CA 91006
Tel: (626) 446-5730
e-moil: josephkova61<@sbcglobal.net
Subject: Entertainment Permit for Zapata Vive Restaurant
We are 0 family with three children who moved to Alto Street In ~arch of 2008. We
moved here because we thought it was a quiet residential street which also had the
benefit of being In Arcadlo with lis weD regarded school district. On the first weekend
Ihal we were in our home. we were awakened by loud music. We looked outside ond
sow Ihat there were people golhering outside whot looked nke an abandoned store
room next 10 Zapata Vive Restauront. There were people drinlcing, smoJdng. loitering
and tittering. There were also many more cars on the street than normal. The next day
there were broken bottles and trash on our street. Needless to say. we felt thot we had .
made a big mistake in moving here. I
We called city holl and spoke with Terry Moore. the Code Services.Officer. She
Investigoted the situalion and informed us thai Zapata Vive had,no permit for holding
nightclub type events. She also visiled them ond explained 10 them that they could not
hold these events. but could apply for a permit to do so. In.the meantime. they were
told to stop holding such events.
Regardless of what they were told. they have continued to hold these events. In doing
so. they were violating numerous city ordinencesincluding holding events without the
required permit, aUowing drinking in the immediate vicinity of their premises and playing
loud music. Our only recourse has been to call the poDce as we were instructed to do
by Terry Moore. The police were limiled in how they could respond. I hove spoken 10
police officers and they said that these nightclubs bring a lot of problems to Ihe city of
Arcadia. They told us thot os tax paying end voting residents. we should go to the city
council and complain about these nightclubs and have them banned.
The facility that Zapata Vive wishes to use to hold "dancing" ls locoted on Alto Street
next 10 residences. In fact. except for the intersection of Alia st and First Ave. the streel
is completely 0 residential street. The facility has triple doors thot open directly onto
Alta St where patrons congregale. They completely change the evenings on Alia st
from that of a quiet family neighborhood to that of a cheap bar district. The focility
itself is a ramshaclde structure thot probobly does not meet city codes. There is no way
that "doncing" can be held there without disturbing aU the residents of Alto Street.
Since the owners of Zopata Viva have already shown a blatant disregOrd for following
any city laws. we have no reason 10 beDeve thollhey would follow the rules thai
govem any entertainment permit that they would be granted, For these reasons. we
emphatically believe thot the Entertainment Permit for Zapato Vive must be denied.
e
-
1-
In summary, the Entertainment Permit for
Zapata Vive should be denied because:
. Alta street is a residential street in a fam,i1y
neighborhood that does need a nightclub type
establishment I
. Zapata Vive has already demonstrated'that the type of
events that they hold disturb the neighborhood
. Zapata Vive has a history of disobeying city laws
. The police department of Arcadia finds'that these
nightclub establishments cause problems.
e
-
-
To: Arcadia Police Department
From: Joseph Kovalik and Trocy Burtoft
36 Alto Sf. #A, Arcodla. CA 91006
Tel: (626) 446-5730
e-mail: josephkovafik@sbcglobol.net
Subject: Notice of a Dangerous condition on Alta Street due to Bar
Twist and Zapata Vlve Restaurant
We are putting the City of Arcodia on leaal notice ofa danaerous condition on Alta
Street due to entertainment activities associated with Bar Twist and Zapata Vive
Restaurant. There are people drinking alcohol and fighting on Alta Stwhen these
estoblishments hold entertainment events. We also find broken beer bottles, beer cans
and litter on our front lawn. Many other residents have reported property damage.
Moreover. the music levels from Bar Twist and Zapata Vive exceed city ordinance limits
and wake us up at night. This cfJSturbs our obility to pursue our normal daily octlvities
including taking core of our family and going towor!<.
We have filed against 0 petition from Bar Twist and Zapata Vive Restaurant to expand
their operating permits. Attached are the letters that we have submitted.
We hove hod full support from the pofice deportment whenever they hove been
called. We do. however, wont to solve this dangerous condillon for our neighborhood
permonently.
Sincerely,
Tracy Burtoft Dote
Joseph Kovalik Date