HomeMy WebLinkAbout04-28-09AGENDA
ARCADIA PLANNING COMIVIISSION
Tuesday, April 28,2009,7:00 PM
Arcadia City Council Chambers
PLEDGE OF ALLEGIANCE
ROLL CALL
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION
ON NON-PUBLIC HEARING ITEMS - 5 minute time limit per person.
All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the
proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any
action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising
only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing.
PUBLIC HEARING
1. TENTATIVE PARCEL MAP NO. TPM 09-03 (65971)
150 Fano Street
Gail Jacobs
The applicant is requesting a tentative parcel map for a two-unit residential condominium.
RECOMNIENDATION: Approval with conditions
There is a ten day appeal period from the date of the decision. Appeals are to be filed by May 11, 2009.
2. SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. CUP 08-13
101 South First Avenue
Zapata Vive Restaurant
3. CONDITIONAL USE PERMIT NO. CUP 09-04
1436 South Baldwin Avenue
La Belle Health & Fitness, Inc.
The applicant is requesting a Conditional Use Permit for a 1,542 square-foot women's fitness center (dba Curves).
RECOMMENDATION: Approval with conditions
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission
meeting. There is a five working day appeal period after the adoption of the Resolution.
4. CONDITIONAL USE PERMIT NO. CUP 09-05
715 South First Avenue
UEC Enterprises, Inc., dba Yale Education Institute (Lessee)
The applicant is requesting a Conditional Use Permit for a 2,477 square-foot tutoring center with up to 30 students on
the ground floor of an existing commerciavresidential mixed-use building. The hours of operation will be 10:00 am to
7:00 p.m., seven days a week.
RECOMAENDATION: Denial
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission
meeting. There is alive working day appeal period after the adoption of the Resolution.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made
available for public inspection in the planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423.
PC AGENDA
4-28-09
N.
CONSENT ITEMS
5. MINUTES OF April 14, 2009
RECOMMENDATION: Approve
6. RESOLUTION NO. 1791
A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No.
CUP 09-01 to amend an existing Conditional Use Permit (CUP 03-05, Resolution No. 1695) to allow General Commercial
uses in the 2,787 square-foot free-standing unit that was permitted as a restaurant at 306-310 S. First Avenue.
RECOMMENDATION: Adopt
7. RESOLUTION NO. 1792
A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit
No. CUP 09-02 for a 3,000 square-foot performing and fine arts studio offering classes for up to 20 students at
120 E. Live Oak Avenue.
RECOMMENDATION: Adopt
MATTERS FROM CITY COUNCIL & PLANNING COMMISSION
MODIFICATION COMMITTEE AGENDA
MATTERS FROM STAFF & UPCOMING AGENDA ITEMS
ADJOURNMENT
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made
available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423.
PC AGENDA
4-28-09
s'
PLANNING COMMISSION
Pursuant to theAmericans with DisabilidesAct, persons with a disability who require a disability related modification or
accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or
accommodation f-om the City Clerk at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to assure accessibility to the meeting.
Public Hearin Procedure
1. The public hearing is opened by the Chairman of the Planning Commission.
2. The Planning report is presented by staff.
3. Commissioners' questions relating to the Planning report maybe answered at this time.
4. The applicant is afforded the opportunity to address the Commission.
5. Others in favor of the proposal are afforded the opportunity to address the Commission (LIMITED TO 5
MINUTES).
6. Those in opposition to the proposal are afforded the opportunity to address the Commission (LIMITED TO
5 MINUTES).
7. The applicant may be afforded the opportunity for a brief rebuttal (LIMITED TO 5 MINUTES).
8. The Commission closes the public hearing.
9. The Commission members may discuss the proposal at this time.
10. The Commission then acts on the proposal and either approves, approves with conditions or modifications,
denies the application, or continues it to a certain date.
11. Following the Cormnission's action on Conditional Use Permits and Variances, a resolution reflecting the
decision of the Planning Commission is prepared for adoption by the Commission. (There is a five working
day appeal period after the adoption of the resolution).
12. Following the Commission's action on Modifications and Design Reviews, there is a five working day
appeal period.
13. Following the Commission's review of Zone Changes, Text Amendments and General Plan
Amendments, the Commission's comments and recommendations are forwarded to the City Council for the
Council's consideration at a scheduled public hearing.
14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there
is a ten calendar day appeal period.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made
available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423.
PC AGENDA
4-28-09
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STAFF REPORT
Development Services Department
April 28, 2009
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner -N,6
SUBJECT: Tentative Parcel Map Application No. TPM 09-03
SUMMARY
Tentative Parcel Map Application No. TPM 09-03 was submitted by Ms. Gail
Jacobs, Administrator of the Estate of Mr. David Richter, for a two-unit residential
condominium subdivision at 150 Fano Street. The Development Services
Department is recommending approval of TPM 09-03, subject to the conditions of
approval set forth in this report.
GENERAL INFORMATION
APPLICANT: Ms. Gail Jacobs, Administrator of the Estate of Mr. David Richter
LOCATION: 150 Fano Street
REQUEST: A Tentative Parcel Map for a two-unit residential condominium
project at the subject location.
LOT AREA: 8,003 square feet (0.184 acres)
FRONTAGE: 50 feet along Fano Street
EXISTING LAND USE & ZONING:
The subject property is currently being developed with a new, two-
unit residential project. It is zoned R-3/Multiple-Family Residential
with a density of one unit per 2,000 square feet of lot area.
SURROUNDING LAND USES & ZONING DESIGNATIONS:
The surrounding properties are improved with multiple-family
residential projects and are zoned R-3.
GENERAL PLAN DESIGNATION:
MFR-24: Multiple-Family Residential at a maximum density of 24
dwelling units per acre.
BACKGROUND INFORMATION
On February 6, 2006, the Development Services Department conditionally
approved the design concept plans for the proposed two-unit residential project
(Application No. ADR 05-47). The approval was based on the Department's
determination that the applicant's proposal was consistent with the provisions of
the R-3 zone and the Architectural Design Guidelines for multiple-family residential
development. On March 28, 2006, the Arcadia Planning Commission conditionally
approved Tentative Parcel Map Application No. TPM 06-02 for a two-unit
residential condominium subdivision for this. project.
Construction of the project began in July 2007, but had been halted from
December 2007 to October 2008 because the owner/applicant, Mr. David Richter
passed away in late 2007. Construction was resumed in October 2008 by the
applicant's sister, Ms. Gail Jacobs acting as administrator of Mr.'Richter's estate.
Ms. Jacobs is now applying for a new Tentative Parcel Map for this project
because the earlier approval expired on April 8, 2008. Ms. Jacobs explained that
she did not apply for an extension because she was unaware that a Tentative
Parcel Map could expire.
PROPOSAL AND ANALYSIS
The applicant is requesting a Tentative Parcel Map for residential condominium
purposes. This proposal is consistent with the City's General Plan, Zoning
Ordinance and Subdivision Regulations. The subject property has 8,003 square
feet of land area. The density factor in the R-3 zones is 2,000 square feet per unit.
This would allow for a maximum of four (4) units on the subject property. All
development standards have been met by the project and no modifications were
necessary.
All City development requirements shall be complied with to the satisfaction of the
Building Official, City Engineer, Fire Marshal, Public Works Services Director,
Community Development Administrator, and any service districts and utility
TPM 09-03
150 Fano St.
April 28, 2009
Page 2
providers that will serve the proposed project. The applicant has been notified of
the City's general and specific development conditions and requirements. Two
special requirements are listed as conditions numbers 1 and 2 of this staff report.
CEQA
This project is categorically exempt from the requirements of the California
Environmental Quality Act per Section 15315 as a minor land division in an
urbanized area. A Preliminary Exemption Assessment has been prepared.
RECOMMENDATION
The Development Services Department recommends approval of Tentative Parcel
Map Application No. TPM 09-03, subject to the following conditions:
1. The developer is required to pay the following fees prior to occupancy: A Map
fee of $100.00 and a Final Approval fee of $25.00 for a total of $125.00.
2. Prior to occupancy, the developer shall post a $200.00 deposit for a Mylar copy
of the recorded map.
3. Condominium Covenants, Conditions and Restrictions (CC&Rs) containing
provisions for property maintenance, shall be submitted for review and approval
by the City Attorney, and shall be recorded concurrently with the parcel map.
4. 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 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 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.
5. Approval of Tentative Parcel Map Application No. TPM 09-03 shall not take
effect until the property owner, applicant and civil engineer have executed and
filed the Acceptance Form available from the Community Development Division
to indicate acceptance of the conditions of approval.
TPM 09-03
150 Fano St.
April 28, 2009
Page 3
PLANNING COMMISSION ACTION
Approval
The Planning Commission should move to approve Tentative Parcel Map
Application No. TPM 09-03, subject to the following findings and direction:
A.1. That the project and the provisions for its design and . improvements are
consistent with the Arcadia General Plan, and that the discharge of sewage
from the project into the public sewer system will not violate any
requirements prescribed by the California Regional Water Quality Control
Board for this region.
A.2. That this project will not have a significant effect on the environment, and that
this project is categorically exempt from CEQA per Section 15315.,
A.3. Direct and authorize the Development Services Director, or designee to
approve and execute, if necessary, a subdivision agreement for this project.
A.4. That this project is subject to the conditions of approval set forth in the staff
report, or as modified by the Planning Commission.
Denial
If the Planning Commission is to take action to deny this tentative parcel map, the
Commission should make specific findings with reasons based on the evidence
presented, and move to deny the project. The Planning Commission may wish to
consider the following findings, which must be expanded upon with specific
reasons for denial:
D.1. That the proposed map is not consistent with the applicable general and
specific plans as specified in Section 65451 of the Subdivision Map Act.
D.2. That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
D.3. That the site is not physically suitable for the type of development.
DA. That the site is not physically suitable for the density of development.
D.5. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage.
TPM 09-03
150 Fano St.
April 28, 2009
Page 4
D.6. That the design of the subdivision or the types of improvements are likely to
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
D.7. That the design of the subdivision or the type of improvements are likely to
cause serious public health problems.
D.8. That the requested subdivision injuriously affects the neighborhood wherein
said lot is located.
D.9. That the design of the subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the legislative
body may approve a map if it finds that alternate easements for access or for
use, will be provided and that these will be substantially equivalent to ones
previously acquired by the public. This subdivision shall apply only to
easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body
to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this subdivision, prior to the April 28th public hearing, please
contact Tim Schwehr, Assistant Planner, in Planning Services at (626) 574-5422.
by:
XK Kasama
Community Development Administrator
Attachments: Tentative Parcel Map No. TPM 09-03
Aerial Photo and Vicinity Map with Zoning Information
Preliminary Exemption Assessment
Photographs of the subject site and surrounding developments
TPM 09-03
150 Fano St.
April 28, 2009
Page 5
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PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project:
TPM 09-03 - A Tentative Parcel Map for a two-unit
condominium subdivision within the R-3 zone.
2. Project Location- Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
150 Fano St.
Arcadia, CA 91006
3. Entity or person undertaking project:
A. Public Entity:
B. Other (Private):
(1) Contact Name Gail Jacobs
(2) Contact Address 18 Morning Dove
Irvine, CA 92604
4. Staff Determination:
The City, 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.
C. ❑
The project is an Emergency Project.
d. ❑
The project constitutes a feasibility or planning study.
C. ®
The project is categorically exempt.
Applicable Exemption Class: 15315
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: April 13, 2009 Staff: Tim Schwehr
Preliminary Exemption Assessment\City\2009 FORM "A"
.PROJECT ADDRESS:
150 FANG ST., ARCADIA, CA 91006
PHOTO 1: PROPOSED PROJECT SITE. (VIEWING SOUTH FROM FANO ST.)
PHOTO 2: EXISTING A TWO-STORY CONDO LOCATED AT THE SOUTHWEST OF
THE PROJECT SITE. (VIEWING FANO ST.)
PHOTO 3: EXISTING ONE TWO-STORY CONDOMINIUM LOCATED AT
THE NORTHWEST OF THE PROJECT SITE. (VIEWING NORTHWEST FROM
RTH OF
THE PROJECT SITE. (VIEWING NORTH FANO ST.)
PHOTO 5: EXISTING TWO-STORY MULTI FAMILY COMPLEX LOCATED AT THE
NORTHEAST OF THE PROJECT SITE. (VIEWING NORTHHEAST FROM FANO ST.)
SOTHEAST OF THE PROJECT SITE. (VIEWING SOUTHEAST FROM FANO ST.)
MEMORANDUM
Development Services Department
April 28, 2009
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: Six-month follow-up report for Conditional Use Permit Application No.
CUP 08-13 for Zapata Vive Mexican Restaurant to provide live
entertainment for private social and civic functions at 101 S. First
Avenue
At its regular meeting on October 28, 2008, the Planning Commission voted 5-0 to
adopt Resolution No. 1782 to approve Conditional Use Permit Application No. CUP
08-13 to allow an existing restaurant (Zapata Vive Mexican Restaurant) to provide
live entertainment for private social and civic functions at 101 S. First Avenue. The
Commission requested staff to provide a six-month follow-up report on any issues or
complaints involving the subject use. The City has not received any complaints or
reports of any issues or problems at the subject property. Staff supports the
continuation of live entertainment at the subject restaurant, subject to the conditions
set forth by CUP 08-13 and Resolution No. 1782.
Approved by:
asama
Jisama
mmunity Development Administrator
Attachments: Resolution No. 1782
Staff Report for CUP 08-13
01
4~A
•
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
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
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.
SECTION 2. This Commission finds:
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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•wiih the land and uses
in the neighborhood. The proposed project complies with all related zoning
requirements as set forth 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 Planbecause 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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1782
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:
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, 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 any one time, and attendance at the
comedy club events shall not exceed 50 people at any one 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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1782
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 (sidewalks, 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.m. 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.
(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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1782
•
designated region, in excess of the following levels, except as expressly
provided otherwise or exempted hereinafter:
Region Day 7:00a to 10:00o Night 10:00
Residential Zone 55 dBA 50 dBA
Commercial Zone 65 dBA 60 dBA
Industrial Zone 70 dBA 70 dBA
At the boundary line between two of the above zones the noise level of
0
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
the subject property within its boundaries, provided such 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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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 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 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
Section 66499.37.6r 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.
e
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1782
SECTION 4. The Secretary shall certify to the adoption of this
• Resolution.
Passed, approved and adopted this 28 h day of October; 2008.
a 1J
Chairman, Planning Commission
ATTEST:
Sec ary, Planning Commission
APPROVED AS TO FORM:
0 ~to. p
Stephen P. Deitsch, City Attorney
0
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1782
r STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
1, JAMES M. KA.SAMA, 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, signed 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, Hsu, Panrille and Beranek
4 NOES: None
Commission
0
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\v„~i Sr
°nt°y°4 STAFF REPORT
Development Services Department
October 28, 2008
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas P. Li, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 08-13 to permit an
existing restaurant (Zapata Vive 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 First 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
Existing 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 first floor and three (3) general office units on the
second floor. The rest of the site is surface parking area with 35
spaces.
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;(Commercial/Multiple-Family)
Surrounding Land Uses & Zoning:
North:
Commercial/Retail, zoned CBD
South:
Commercial/Retail, zoned CBD
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 69-1/ Resolution No. 671
(attached).
Pellegrino's Family Restaurant continued in business until the early 80s.
Afterwards, 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
On June 25, 2008, Jaime and Brenda Magdaleno of Zapata Vive 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 public nuisance issues.
For this Conditional Use Permit application, the applicant has altered the
proposal and added several mitigation measures to address the neighbors'
concerns.
PROPOSAL AND ANALYSIS
The subject restaurant has a main dining room, a separate bar area, a 1,421
sq.ft. 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 Viva 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 Department's recommendations.
Additionally, the applicant proposes to regularly host a comedy 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 Use 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
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 will 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
A main concern 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 50 decibels between the hours of 10:00 p.m. and 7:00 a.m., and a
maximum of 55 decibels for between 7:00 a.m. and 10:00 p.m.
Parking
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 of ten (10) spaces for the offices on the
second floor. Therefore, a combined total'of seventy (70) on-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 staff's 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 (i.e., 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 with the conditions as
outlined in this.report, which include the applicant's measures to address the
CUP 08-13
October 28, 2008
Page 4
negative impacts that the non-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 California 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 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.
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
RECOMMENDATION
The Development Services Department recommends approval 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 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, 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 individual 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 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 designated region, in excess of the following levels, except as
expressly provided otherwise or exempted hereinafter.
CUP 08-13
October 28, 2008
Page 6
Region Day 7:00a to 10:00p Night 10:00j) to 7:00a
Residential Zone 55 dBA 50 dBA
Commercial Zone 65 dBA 60 dBA
Industrial Zone 70 dBA 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 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.
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 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 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.
CUP 08-13
October 28, 2008
Page 7
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this 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 Li at (626) 574-5447 or via email at
tli aeci.arcadia.ca:us.
Approved by:
Jim sama
Community Development Administrator
Attachments: Aerial Photograph and Zoning Map
Photographs of the Site
Plans
Resolution No. 671 for CUP 69-1
Business License Review Board Minutes dated Sept. 3, 2008
Preliminary Exemption Assessment
Resolution No. 1782
Petition and Support/Opposition Letters
CUP 08-13
October 28, 2008
Page 8
101 S. First Avenue
A e~ CUP 0843
,e,~,ot~o
CUP 08-13
Zapata Vive Mexican Restaurant, 101 S. First Avenue
Photos
Page 1 of 3
View of the rear parking lot area from Bonita Street
View of the subject building facing Alta Street
CUP 08-13
Zapata Vive Mexican Restaurant, 101 S. First Avenue
Photos
Page 2 of 3
View of the subject building facing First Avenue
View of the subject building from the intersection of First Ave. and Alta St.
CUP 08-13
Zapata Vive Mexican Restaurant, 101 S. First Avenue
Photos
Page 3 of 3
View of the banquet room and seating area
View of the banquet room and stage
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RESOLUTION NO. 671
A RESOLUTION OF THE CITY PLANNING COMMISSION
OF THE CITY OF ARCADIA GRANTING A CONDITIONAL
USE PERMIT FOR A RESTAURANT AT 101 SOUTH
FIRST AVENUE.
WHEREAS, there was filed with this Commission 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 said matter
by and before this Commission 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 HEREBY DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. That the subject property is located at the
southwest corner of First Avenue and Alta Street and consists of
a lot 50 feet by 142 feet fronting on First Avenue 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 a C-1 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. This Commission finds that:
1. The granting of a conditional use permit 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 accommodate said use, and all yards, parking,
loading, landscaping, and other features required to adjust said
use with the land and uses in the neighborhood.
4. The site abuts streets and highways adequate in
width and pavement type to carry the kind of traffic generated
by the proposed use.
5. The granting of such conditional use permit will
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 existing parking area shall be developed with
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•
-2- 671
3. The holder of 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
for 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 day of February , 1969, by the following
vote:
AYES: Commissioners Erickson, Livingston, Parker
and Cahill
NOES: None
ABSENT: Commissioners Godfrey, Kuyper and Lauber
, ` airman
ATTEST:
Secretary
I
MINUTES
BUSINESS LICENSE REVIEW BOARD
Monday, September 3, 2008,11:00 a.m.
Development Services Conference Room
ROLL CALL: Lt. Paul Foley, Arcadia Pollee Department
Mr. Dave Thompson, Public Works Services Department
Ms. Shannon Huang, Administrative Services Department
ENTERTAINMENT PERMIT -Continued from August 13, 2008
Zapata Vive Restaurant
101 S. First Ave.
Jaime 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.
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 Jaimie and
Brenda Magdaleno, the owners of Zapata Vive Restaurant at 101 S. First Ave. They area applying
for an Entertainment Permit to allow them to use the banquet room at the rear of the restaurant for
private parties, dancing, DJs, 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,
office/business events, etc. Commercial events are not allowed.
Staff became aware of these activities as a result of complaints to the Police Dept. Inspection
disclosed that there is not a valid Entertainment Permit for this restaurant. The owners were
informed of this violation and they submitted this application.
Lt. Foley briefly discussed the complaints received by the Police Dept.
The subject property abuts residential property to the west. Staff feels that this type of
entertainment up to 1:00 a.m. is not compatible with a residentially-zoned area, and recommends
denial of the application.
The public hearing was opened.
Brenda Magdaleno, 101 S. First Ave., said that they provide security for their establishment. This request
is to provide live music for the banquet rooms. They need to have this to have their business survive;
otherwise they do not know what they will do. They did not know that they needed to have an
Entertainment Permit, or else they would have obtained one. They can do away with the night club
portion but they need to be able to use the banquet rooms, as they already have events booked.
Jaime 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 Burtoft, 36 Alta, #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 all over the
Business License Review Board
Minutes - Sept. 3, 2008
Page 1 of 2
neighborhood. They have a door on the side of the building and when those doors are opened and used,
they can hear the noise, which can get very loud. They don't seem to be able to control their patrons and
this disturbs their neighborhood. Their patrons are not classy and the residents of the City are not the
ones that frequent the business. This establishment brings in people from other areas into their
neighborhood, which they do not want.
Uyen Wong, 37 Alta St., said there are broken bottles of beer 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 have bottles. It 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 banks hold their holiday parties
there and they already have reservations for them. They are willing to cooperate and will be in agreement
with not having the night club portion. She asked that they be able to have this permit until 11:00 p.m.
Mr. Magdalen said the bottles are from First Cabin. They clean their parking lot and pick up those
bottles. They do not use the door along Alta.
MOTION: It was moved by Mr. Foley, seconded by Mr. Thompson to close the public hearing.
Lt. Foley went through the calls that the Police Dept. had received and explained the nature of the calls.
It was the consensus of the Board that this would not be incidental and that a Conditional Use Permit
should be obtained, which will be able to address hours of operation and the type of entertainment.
MOTION: It was moved by Lt. Foley, seconded by Ms. Huang to deny the Entertainment Permit and
find that the use is not incidental to the primary business.
ROLL CALL:
AYES: Foley, Huang, Thompson
NOES: None
Adjourned
COMMUNITY DEVELOPMENT DIVISION REPRESENTATIVES: Jim Kasama & Silva Verges
Business License Review Board
Minutes - Sept. 3, 2008
Page 2 of 2
Y•w` MINUTES
BUSINESS LICENSE REVIEW BOARD
• Monday, August 13, 2008,11:00 a.m.
Development Services Conference Room
ROLL CALL: Present - Lt. Paul Foley, Arcadia Police Department
Present - Mr. Dave Thompson, Public Works Services Department
Absent - Mr. Mike Yelton, Administrative Services Department
ENTERTAINMENT PERMIT
Zapata Vive Restaurant
101 S. First Ave.
Jaimie and Brenda Magdalen
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.
The staff report was presented by Administrative Assistant, Amber Abeyta:
The application was filed by Jaimie and Brenda Magdaleno, the owners of Zapata Vive Restaurant
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 restaurant for private parties, dancing, DJs, 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, wedding's, anniversaries, office/business events, etc.
Staff became aware of these activities as a result of complaints to the Police Dept. Inspections
disclosed that there is not a valid Entertainment Permit for this restaurant. The owners were
informed of this violation and they submitted this application.
The public hearing was opened.
Brenda Magdaleno, 101 S. First Ave., said that they need to be able to rent out their banquet room for
their business survive. They did not know that they needed an Entertainment Permit, or else they would
have applied for one. They already have events booked.
Mr. Joseph Kovalik, 36 Alta St., #A, is opposed to the activities because of problems they have had to
endure such as loud noise in the early morning hours, loitering by patrons, trash and litter being left
behind, and even having bottles thrown at their property.
Lt. Foley suggested continuing the hearing so that the police dept. 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 Adjourned
COMMUNITY DEVELOPMENT DIVISION REPRESENTATIVES: Amber Abeyta & Terry Moore
PRELIMINARY EXEMPTION ASSESSMENT
~ er
(Certificate of Determination when attached to Notice of Exemption)
Name or description of project: CUP 08-13
Location: 101 S. First Avenue
Entity or person'undertaking project:
A.
X B. Other (Private)
(1) Name: Jaime and Brenda Magdaleno (lessee)
(2) Address: 15208 Cerritos Street
Fontana CA 92336
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.
C. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. X 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: Sept. 25, 2008 Thomas P. Li
Staff
7102
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
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
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.
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
prod ect.
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 set forth 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
2
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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:
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 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, 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
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 (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 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
4
1782
designated region, in excess of the following levels, except as expressly
provided otherwise or exempted hereinafter:
Region Dav 7:00a to 10.00p Night 10.00p to 7.00
Residential Zone
55 dBA
50 dBA
Commercial Zone
65 dBA
60 dBA
Industrial Zone
70 dBA
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
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 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 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
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
sight, at its own option, to choose its own attorney to represent the City, its
officers, employees, and agents in the defense of the matter.
6
1782
9/5/2008
To our LOYAL CUSTOMERS,
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 know 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 make the decision
to ban 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, if not thank you for your time God
Bless.
Thank you for your Support,
With much Gratitude
(626) 254-9111
Brenda Magdalen
Jaime Magdalen
Owners
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September 9, 2008
Zapata Vive Mexican Restaurant
101 S. First Ave
Arcadia, CA 91006
Dear Brenda & Carlos:
Barbara cyfe
REALTOR
International President's Circle
IS E. FOOTHILL BLVD.
. ARCADIA, CA 91006
DIRECT (626) 821-1223
FAX (626) 447-0388
blyle@coldwellbanker.com
www. cam oves. com / Barbara. Lyl e
I want to lend my support and express my appreciation for your generous
contributions in Arcadia.
I have eaten at your wonderful restaurant 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,
Ms. Brenda Magdaleno
PAW-
September 9, 2008
Ms. Brenda Magdaleno
Zapata Vivo Mexican Restaurant
101 S. First Avenue
Arcadia, CA 91008
Dear Brenda,
We were very sad to hear about your legal problems. Your restaurant has been such a key
part of the community for so long, it's difficult to imagine Arcadia without Zapata Vive.
In February, we started hosting our twice-monthly open mic comedy night at Zapata Vive.
To date, 90 different comedians have performed on the little stage in your banquet room.
We assumed we'd attract comedians from the San Gabriel. Valley, but performers come from
as far as Riverside, Corona, Lake Forest, Granada Hills-because Zapata Vive offers a warm
welcome to everyone who walks through the door.
Some of the comedians who come to perform are just starting out while others are honing
their material for shows at The Comedy Store, The Improv and The Ice House. Even Bobbie
Oliver, one of L.A.'s top stand-up comedy teachers is a regular at The Joke Gym.
On behalf of all the comedians who have "worked out" at The Joke Gym, thank you for
letting us use the room free of charge.
Of course, we know that Zapata Vive is a friend to many organizations. You've hosted
meetings for the American Cancer Society's "Relay for Life" program and you've supported
the efforts of the Arcadia Association of Realtors. Almost everyone who is involved in
community programs in Arcadia has attended at least one meeting at Zapata Vive.
Please keep us posted on the legal proceedings. We hope this matter is resolved quickly and
fairly.
Sincerely,
Scott Shimamoto
Co-Producer
Paula Johnson
Co-Producer
www.thejokegym.com
Regarding: Zapata Vive Restaurant
To whom it may concern:
My name is Virginia Ramos Kataoka, and have been a resident in the neighboring San
Gabriel area all my life. I've always thought the City of Arcadia was doing a wonderful job
making sure of keeping family owned businesses open, like Zapata Vive 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 recently, 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 safe!
This is the main reason why we really need our Joke Gym here, at this location, that at
this time , we have all come to lovel. So I ask, that you please consider all this facts
before 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 their doors were
forced to close.
Sincerely,
Virginia Ramos/Realtor/Comic
Sun Realtors
1428 Ridge way Road
San Marino, CA 91108
Direct (626) 429-9120
Jonathan Smilowitz
4050 Glencoe Ave, #216
Marina Del Rey, CA 90292
September 8, 2008
Brenda Magdaleno
Zapata Vive Mexican Restaurant
101 S. First Avenue
Arcadia, CA 91006
Dear Ms. Magdaleno,
Could you please forward my concerns about the future of Zapata Viva Mexican
Restaurant. Zapata Vive is a very important business for Arcadia. It's a vital outlet for
many people in and around a large portion of Southern 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 Vive. The loss of Zapata Vive would be a very big loss
for Arcadia.
Sincerely,
-444-
Jonathan Smilowitz
` 1DUai p[?C1Ui_JCTIONS
Bobbie Oliver
PO Box 411 144 bobbie@bobbieoliver.net
Los Angeles, CA 90041 www.standupacademy.net
(323) 697-8287 www.standupproductions.net
September 9, 2008
To Whom It May Concern:
1 am writing this letter on behalf of a wonderful establishment, Zapata Vive in
Arcadia. I teach stand-up comedy at the Ice House Comedy Club in Pasadena, and own a
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 important this open
mic is to the community. This is the 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 Vive is not just a restaurant. It is a home to comedians and aspiring public
speakers allover the Arcadia/Pasadena area. If this establishment were not allowed to
continue these events, the community would definitely suffer. I know comics who drive
from miles around just to attend these open mics (and spend money in your area on food,
gas, shopping, etc). These events are not loud; they contain no music or loud noise
whatsoever. In fact, you could stand outside of the restaurant all night and never even
know there was a comedy show going on in the back room unless you were told. The
event 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. Tf this open mic goes away, we will find another town in which to
express ourselves and spend 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
regarding this issue, either by phone, email, or a public meeting, if necessary. I can be
reached at the contact information at the top of this letter. Thanks for taking the time to
read this letter.
Sincerely,
Bobbie Oliver
StandUp Academy & StandUp Productions
akamoto0yahoo.corn
Dace: Wednesday, Septernber 10, 2008, 10:07 „M
Hey Brenda,
I am from Torrance in South Bay &'frequent your Zapata Vive Restaura
to.do my comedy. I found food is very' good & drinks are evep better
Thank you for servicing Arcadia as well as the South Bay, too. Pleas
keep up the good work for Arcadia community.
Much Love,
Yoshio Moriwaki
r
111UiJINa i VC uvuuau 1-111u Iv1eSS21gC
Hi Scott
In response to your ernails informing us about Zapata Vive, please forward this msg to Brenda.
Scott, I'm hoping and wishing you, Paula; and all of us Joke Gym comics a long life at Zapata Vive. .
i
Marsha
Dear Brenda,
I recently learned of the unfort.lnate situation you're faced with at Zapata Vive and offer this letter
of Support.
Zapata Vive is well known as a positive restaurant environment; it also hosts the Joke Gym, a
bimonthly open microphone for the comedy community hosted by Paula Johnson and Scott
Shimarioto. 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 Vive. In fact, it has
become a favorite site for our comedy community, particularly because of its unique location,
between Pasadena and the Inland 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
memorable. I sincerely hope that Zapata Vive continues to exist as a popular restaurant, and
continues to host the Joke Gym.
Please feel free to contact me for further information at 626.794.4456.
Marsha Morgan, LCSW
Aftadena, CA
Page 2 of
All 05w.blu 105.maiI.live.com/mail/PrintShell.aspx?type-message&cpids=ef15f48b-21eb-421f-809b-0... 9/13/2001
Rudy Boehmer
11184 Huston Street, Apt 201
North Hollywood, CA 91601
September 10, 2008
Brenda Magdaleno
Zapata Vive Mexican Restaurant
101 S. First Avenue
Arcadia, CA 91006
Dear Brenda + Zapata Vive,
I would like to thank you for hosting the Joke Gym Open Mic comedy show at your
establishment for the past 12 months. Every first and third Thursday of the month, I
have come to Arcadia from myjob 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 stage time. Of course, the food is really good too! (I'm a big of fan of the
carne asada omelette myself.)
Thank you, and cheers to many more laughs to come!
Rudy Boehmer
To: rakamoto@yahoo.com
Date: Thursday, September 11, 2u, d, 1:36 PM
The Following is a letter in support of Zapata Vive and the Joke Gym:
To Whom It May Concern,
My name is Yesel 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 mics as possible.
Zapata Vive (a.k.a. "The Joke Gym") has gave me unlimited opportunities to practice 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 am pretty sure that I can speak for everybody that has even been to Zapata Vive and say that it
is a great place. Not just to perform comedy and try out new jokes, but the food is very good, the
service is exceptional, and the overall vibe 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 taking the time to read this letter.
Sincerely,
Yesel "yak" Manrique
Page 2 of
AI 105w.blu 105.mai 1.1 i ve.com/mai I/PrintSlie I l.aspx?type=message&epids=e461 ec62-c9d8-4414-b 15a-... 9/13/2001
'indows Live Hotmail Print Message
To Whom It May Concern:
Page 2 of,
My name is Joy Yurada and I live in Toluca Lake and I have found Zapata Vive an exrememly
positive part of the Arcadia community that is contributing to the city. I have thoroughly benefitted
from 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,
]oy Yurada
:Hb1105w.blu105.mail.live.com/mail/PrintShell.asnx?tvne=messaorkcnidc=aornAo,4c ..7.... Ann- L--. _
To: Thomas Li, Associate Planner, City of Arcadia
From: Joseph Kovalik and Tracy Burtoft
36 Alta St, #A, Arcadia, CA 91006
Tel: (626) 446-5730
e-mail: josephkovalik@sbcglobal.net
Subject: Conditional Use Permit for Zapata Vive Restaurant
We have already presented statements at the Business License Review Board hearing
for Zapata Vive August 13, 2008 and September 3, 2008. We are attaching these
together with a letter that we wrote to the Arcadia Police Department.
Alta Street should remain a residential street for families. Zapata Vive should not be
given any sort of permit that will allow it to provide nighttime entertainment. Nighttime
entertainment at Zapata Vive can be anything from birthday parties, christenings,
quincinieras, wedding receptions all the way to disco nights. Regardless of the type of
event, they all have the following negative impact on Alta St.:
• Very loud music until past 2 AM.
• Large crowds of people drinking, smoking and talking loudly on the public
sidewalk outside the banquet hall doors on Alta St.
An increase in foot traffic, loitering and littering on the residential parts of Alta St.
• An influx of over 50 people who do not live on Alta St until past 2 AM.
We are just one of many families that have been woken up and had our nights ruined
by parties at Zapata Vive. After complaints by Alta St residents, the city code
enforcement office warned Zapata Vive that they did not have a permit for nighttime
entertainment and should not hold events until a proper permit was issued.
Notwithstanding these warnings, Zapata Vive continued to hold nighttime events. Only
recently 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 Zapata 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 are fully prepared to take all actions that we can to preserve our
right to sleep at night without being disturbed. These actions include civil action
against the City of Arcadia and a legal investigation by the County District Attorney
Office as to why city ordinances like noise levels are not being properly enforced
resulting in damage to the health and well being of families.
We have spoken with many other residents of Alta St and they are 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 complain.
It is extremely important that the review board does go to Alta St and ask the residents
how they feel rather than relying on hearsay from Zapata 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 Restaurant must be denied a conditional use permit for private social and
civic functions.
Joseph Kovalik Tracy Burtoft
To: Amber Abeyta, Business License Department, City of Arcadia
From: Joseph Kovalik and Tracy Burtoft
36 Alta 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 city of Arcadia on legal notice of a dangerous condition on Alta
Street due to activities associated with parties held at Zapata Vive Restauraht. 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
lawn. Moreover, the music levels from Zapata Vive exceed city ordinance limits and
wake us up at night. This disturbs our ability to pursue our normal daily activities
including taking care of our family and going to work.
On Saturday, August 23, 2008, Zapata Vive held an event even though a permit had
not yet been granted. This was noted in police report number 08-435 of the Arcadia
Police department. This further adds to our complaint that Zapata Vive completely
ignores all city laws and ordinances when it holds events.
Zapata Vive holds a liquor license type 47-On-Sale General Eating Place with Operating
Restrictions. This does not permit them from serving alcohol at their banquet room
events or after restaurant closing hours. As plainly evident on the "Disco Night" flyer,
they have violated this law. The city of Arcadia must investigate all violations of this
liquor license and report it to the California ABC.
For the reasons described in the August 13 hearing petition and for those given above,
the entertainment permit for Zapata Vive Restaurant must be denied.
To: Amber Abeyta, Business License Department, City of Arcadia
From: Joseph Kovalik and Tracy Burtoft
36 Alta St, #A, Arcadia, CA 91006.
Tel: (626) 446-5730
e-mail: josephkovalik@sbcglobal.net
Subject: Entertainment Permit, for Zapata Vive Restaurant
We are a family with three children who moved to Alta Street in March of 2008. We
moved here because we thought it was a quiet residential street which also had the
benefit of being in Arcadia with its well regarded school district. On the first weekend
that we were in our home, we were awakened by loud music. We looked outside and
saw that there were people gathering outside what looked like an abandoned store
room next to Zapata Vive Restaurant. There were people drinking, smoking, loitering
and littering. 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 that we had
made a big mistake in moving here.
We called city hall and spoke with Terry Moore, the Code Services Officer. She
investigated the situation and informed us that Zapata Vive had no permit for holding
nightclub type events. She also visited them and explained to 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 ordinances including holding events without the
required permit, allowing drinking in the immediate vicinity of their premises and playing
loud music. Our only recourse has been to call the police as we were instructed to do
by Terry Moore. The police were limited in how they could respond. I have spoken to
police officers and they said that these nightclubs bring a [of of problems to the city of
Arcadia. They told us that as tax paying and 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" is located on Alta Street
next to residences. In fact, except for the intersection of Alta St and First Ave, the street
is completely a residential street. The facility has triple doors that open directly onto
Alta St where patrons congregate. They completely change the evenings on Alta St
from that of a quiet family neighborhood to that of a cheap bar district. The facility
itself is a ramshackle structure that probably does not meet city codes. There is no way
that "dancing" can be held there without disturbing all the residents of Alta Street.
Since the owners of Zapata Vive have already shown a blatant disregard for following
any city laws, we have no reason to believe that they would follow the rules that
govern any entertainment permit that they would be granted. For these reasons, we
emphatically believe that the Entertainment Permit for Zapata Vive must be denied.
In summary, the Entertainment Permit for
Zapata Vive should be denied because:
• Alta Street is a residential street in a family
neighborhood that does need a nightclub type
establishment
• 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.
To: Arcadia Police Department
From: Joseph Kovalik and Tracy Burtoft
36 Alta St, #A, Arcadia, CA 91006
Tel: (626) 446-5730
e-mail: josephkovalik@sbcglobal.net
Subject: Notice of a Dangerous condition on Alta Street due to Bar
Twist and Zapata Vive Restaurant
We are putting the City of Arcadia on legal notice of a dangerous 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 St when these
establishments 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 disturbs our ability to pursue our normal daily activities
including taking care of our family and going to work.
We have filed against a petition from Bar Twist and Zapata Vive Restaurant to expand
their operating permits. Attached are the letters that we have submitted.
We have had full support from the police department whenever they have been
called. We do, however, want to solve this dangerous condition for our neighborhood
permanently.
Sincerely,
Tracy Burtoft Date
Joseph Kovalik Date
IuerPae rtC
AnY~n~]~IPO]
April 28, 2009
TO: Arcadia Planning Commission
STAFF REPORT
Development Services Department
FROM: Jim Kasama, Community Development Administrator
By: Steven Lee, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 09-04 for a 1,542 square-foot
women's fitness center (dba Curves) at 1436 S. Baldwin Avenue.
SUMMARY
Conditional Use Permit Application No. CUP 09-04 proposes to convert an existing
1,542 square-foot retail unit into a women's fitness center. The Development Services
Department is recommending approval of Conditional Use Permit Application No. CUP
09-04, subject to the conditions listed in this report.
GENERAL INFORMATION
APPLICANT: La Belle Health & Fitness, Inc.
LOCATION: 1436 S. Baldwin Avenue
REQUEST: A Conditional Use Permit for a 1,542 square-foot women's fitness
center (dba Curves)
SITE AREA: Approximately 8,760 square feet (0.20 acre)
FRONTAGE: Approximately 50 feet along South Baldwin Avenue
ZONING & EXISTING LAND USE:
The site is zoned C-2, General Commercial, and is developed with a
single-story 3,000 square-foot commercial strip center containing a nail
salon and television repair shop. The subject unit is currently vacant
but was previously an office equipment store. A total of 18 parking
spaces are provided in a surface lot behind the building.
S
GENERAL PLAN DESIGNATION:
Commercial
SURROUNDING LAND USES & ZONING:
North: Serbian Eastern Orthodox Church, zoned C-2
South:. Coco's Restaurant, zoned C-2
East: Alley and single-family residences, zoned R-1
West: CVS Pharmacy and shopping center, zoned C-2
PUBLIC HEARING NOTIFICATION
Public hearing notices.of Conditional Use Permit No. CUP 09-04 were mailed on April
16, 2009 to the property owners, tenants and occupants of those properties that are
within 300 feet of the subject property (see attached radius map). Because staff
considers the proposed project exempt from the requirements of the California
Environmental Quality Act (CEQA) the public hearing notice was not published in the
Arcadia Weekly newspaper.
BACKGROUND INFORMATION
The subject property is a 3,000 square-foot commercial building constructed in 1952.
The subject unit is currently vacant but was previously occupied by an office equipment
retail store.
PROPOSAL AND ANALYSIS
The applicant is proposing to operate a 1,542 square-foot women's fitness center (dba
Cures). Curves is a nationwide fitness center franchise with over 10,000 locations, and
currently operates a branch at 921 S. Baldwin Avenue, Unit D with approximately 200
members. Cures caters to women of all ages and offers a circuit-based workout routine
in which members exercise together in a circuit, following an audio tape that cues them
to move from station to station every 30 seconds. Members complete the circuit twice,
amounting to a 30-minute workout. There are no set class schedules or instructors. The
proposed hours of operation for the fitness center are as follows:
Monday through Thursday 7:00 a.m. to 1:30 p.m. and 3:30 p.m. to 8:00 p.m.
Fridays 7:00 a.m. to 1:30 p.m. and 3:30 p.m. to 7:00 p.m.
Saturdays 8:00 a.m. to 12 noon.
Sundays and major holidays Closed
The proposed business is considered a health club/fitness center and is required by
Code to provide 1 parking space per 100 square feet of gross floor area in all workout
areas. Staff has calculated, based on the floor plan provided by,the applicant, a total
CUP 09-04
1436 S. Baldwin Avenue
April 28, 2009
Page 2
of 924 square feet of workout space, resulting in a parking requirement of 9 spaces.
The two other units in the building comprise 1,542 square-feet of retail space and
require 8 parking spaces. The total number of parking spaces required would be 17
spaces, or one less than the 18 spaces that currently exist on-site. Additionally,
Curves is a unique type of fitness center with only 12 workout stations, no classes, a
single employee present at any given time, and no shower facilities; therefore, staff
expects that the demand for parking will be much lower than at a typical gym.
During an inspection of the site, however, staff observed that the adjacent Serbian
Eastern Orthodox Church does not have its own parking lot, but has entrances that
open directly onto the subject property's parking area. The Church was constructed in
1948 and predates the City's Conditional Use Permit and parking requirements. In
conversations with Church representatives and the current owner of the subject
property, IT Holding, staff learned that IT Holding previously had a parking rental
agreement with the Church, but terminated that agreement in August 2008 when the
Church was unwilling to pay an increase in the rent amount.
The parking agreement is a civil matter between the owners of the two properties, and
the lack of parking for the Church is not the subject of this Conditional Use Permit
application. There is, however, a concern that if the Church uses the subject property's
parking, there may, at times, not be enough parking for the proposed fitness center and
the two other existing businesses on the subject property.
Currently, it appears that the Church is using the subject property's parking, as well as
other parking facilities in the surrounding neighborhood. Staff is not, however, aware of
any complaints about this arrangement. The proposed fitness center's hours will not
conflict with the Church's current schedule of meetings and services. The fitness center
is proposed to be closed on Sundays and Saturday afternoons and evenings, and the
Church holds its services on Sundays and makes its facilities available for social
functions on Saturdays.
Prohibiting the use of the subject property's parking lot by the Church would present a
problem for the Church, and could also impact the surrounding neighborhood. Because
the Church does not have its own parking lot, but is a legal-nonconforming use that is
allowed to continue operating, the Church's parking needs will by necessity be met by
use of other nearby parking facilities. Staff does, however, believe it is appropriate to
include a condition of approval for this Conditional Use Permit to not allow the owner of
the subject property to rent its parking facilities to any other uses except for the adjacent
Church with a requirement that any future parking rental agreement between the subject
property and the Church must specify the hours during which the subject property's
parking lot is available for Church use and those hours are not to overlap with the hours
of operation of the fitness center.
CODE REQUIREMENTS
CUP 09-04
1436 S. Baldwin Avenue
April 28, 2009
Page 3
w
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, emergency access, and site design shall be complied with to the satisfaction of
the Building Official, Community' Development Administrator, Fire' Marshall, City
Engineer, and Public Works Services Director.
CEQA
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the
Development Services Department has determined that the proposed project is a minor
alteration of an existing facility,; and is therefore categorically exempt from CEQA (Class
1, Section 15301). 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 conditions can
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.
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 riot adversely affect the
comprehensive General Plan.
RECOMMENDATION"
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 09-04, subject to the following conditions:
1. The fitness center's hours of operation shall be limited to Monday through Friday,
7:00 a.m. to 8:00 p.m.. and Saturdays, 8:00 a.m. to 12 noon, The fitness center
shall be closed on Sundays and major holidays.
CUP 09-04
1436 S. Baldwin Avenue
April 28, 2009
Page 4
2. Any future parking agreement between the owner of the subject property and the
church located at 1424 S. Baldwin Avenue shall stipulate specific hours during
which the church may utilize the parking lot. Such hours shall not coincide with any
of the business hours of the fitness center as noted in condition no. 1.
3. Approval of CUP 09-04 includes a parking modification to retain the existing
nonconforming parking lot layout so that a minimum of 17 parking spaces can be
available on the subject property.
4. The sign labeling the front 3 parking stalls "reserved at all times" shall be removed,
and all parking stalls shall remain unmarked and available for use by any patron or
employee of the subject property.
5. The fitness center shall be operated and maintained in a manner that is consistent
with the proposal and plans submitted and conditionally approved for CUP 09-04 (a
1,542 square-foot women's fitness center), subject to the satisfaction of the
Community Development Administrator.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 09-
04 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the fitness center.
7. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency access, and site design shall be complied with to the
satisfaction of the Building Official, Community Development Administrator, Fire
Marshall, City Engineer, and Public Works Services Director.
8. 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 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 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.
9. Approval of CUP 09-04 shall not take effect until the property owner(s), business
owner(s), and applicant have executed and filed the Acceptance Form available
from the Development Services Department to indicate awareness and acceptance
of these conditions of approval.
CUP 09-04
1436 S. Baldwin Avenue
April 28, 2009
Page 5
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 09-04, state the supporting findings,
and direct staff to prepare a resolution incorporating the Commission's decision, specific
determinations and findings, including the CEQA exemption, and the conditions of
approval, for adoption at the next meeting.
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional-Use Permit Application No. CUP 09-04, state the finding(s) that the
proposal does not satisfy with reasons based on the record, and direct staff to prepare a
resolution incorporating the Commission's decision and specific findings, for adoption at
the next meeting.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the April 28th public hearing, please contact Steven Lee,
Assistant Planner, at (626) 574-5444 or via email at slee(c ci.arcadia.ca.us.
Approved by:
(:::2;~2-1
Jim am
C munity Development Administrator
Attachments: Aerial Photo with Zoning Information
Radius Map
Plans
Photos
Preliminary Exemption Assessment
CUP 09-04
1436 S. Baldwin Avenue
April 28, 2009
Page 6
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PRELIMINARY EXEMPTION ASSESSMENT
c~•° " (Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 09-04 to operate a 1,542 square-foot women's fitness center at
1436 S. Baldwin Avenue
2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7%,' topographical map identified by quadrangle name):
1436 S. Baldwin Avenue (between Camino Real Avenue and Naomi Avenue)
3. Entity or person undertaking project:
❑ A. City of Arcadia
® B. Other (Private)
(1) Name: La Belle Health & Fitness Inc.
(2) Address: 921 S. Baldwin Avenue, Unit D
Arcadia. CA 91007
(3) Phone: (626) 446-2420
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.
C. ❑ The project is an Emergency Project.
d. ❑ The project constitutes a feasibility or planning study.
e. ® The project is categorically exempt. Applicable Exemption Class: 1
Section No.: 15301
f. ❑
The project is statutorily exempt. Applicable Exemption:
Section No.:
g. ❑ The project is otherwise exempt on the following basis:
In. ❑ The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: April 21, 2009
Staff: Steven Lee, Assistant Planner
N. I
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Co~aonlty of Nasoa STAFF REPORT
Development Services Department
April 28, 2009
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: Conditional Use Permit Application No. CUP 09-05 for a 2,477
square-foot tutoring center with up to 30 students on the ground floor
of an existing commercial and residential mixed-use development at
715 S. First Avenue.
SUMMARY
Ms. Eileen Li, representative of the lessee, Yale Education Institute, submitted
Conditional Use Permit Application No. CUP 09-05 to operate a 2,477 square-foot
tutoring center with up to 30 students at 715 S. First Avenue. Because of the
absence of an on-site pick-up and drop-off area, it is staffs opinion that the proposal
is inappropriate for the location and would negatively impact the neighboring
properties. Therefore, the Development Services Department is recommending
denial of the application.
GENERAL INFORMATION
APPLICANT: Ms. Eileen Li, Representative of the lessee, Yale Education Institute
LOCATION: 715 S. First Avenue - NW corner of S. First Avenue & Alice Street
REQUEST: A Conditional Use Permit for a 2,477 square-foot tutoring center
with up to 30 students at any one time. The hours of operation will
be 10:00 a.m. to 7:00 p.m., seven days a week.
SITE AREA: 18,304 sq. ft. (0.42 acres)
'FRONTAGES: 143 feet along South First Avenue
128 feet along Alice Street
EXISTING LAND USE & ZONING:
The site is developed with a three-story, 23,800 square-foot, mixed-
use building with eight residential units and 7,577 square feet of
commercial space. The property was developed in 2008, and is
zoned C-2, General Commercial.
SURROUNDING LAND USES & ZONING:
North: Non-conforming residential building -zoned . C-2
South: Non-conforming residential building - zoned C-2
East: Arcadia Presbyterian Church-zoned R-3
West: Ten-unit condominium complex -zoned R-3
GENERAL PLAN DESIGNATION:
Mixed Use - Commercial/Multiple-Family
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit No. CUP 09-05 were mailed on April
17, 2009 to the property owners, tenants and occupants of those properties that are
within 300 feet of the subject property (see the attached radius map). Because staff
considers the proposed project exempt from the requirements of the California
Environmental Quality Act (CEQA) the public hearing notice was not published in the
Arcadia Weekly newspaper.
BACKGROUND INFORMATION
The subject property is developed with a three-story, 23,800 square-foot mixed-use
project with eight residential units and 7,577 square-feet of commercial space. The
development was approved on October 26, 2004 under CUP 04=13 by Planning
Commission Resolution No. 1714. The commercial space originally consisted of a
2,477 square-foot retail space on the ground floor, and 5,100 square feet of general
office space on the second and third floors.
On November 25, 2008, the Planning Commission voted 4-0 with one member
absent to conditionally approve Modification Application No. MC 08-42 for 34 on-site
parking spaces in lieu of 38 required to allow a dental office to occupy the 2,550
square-feet of office space on the third floor of the subject building. The condition of
approval is that the subject dental use is limited to one pediatric dentist.
PROPOSAL AND ANALYSIS
The proposal, is to operate a tutoring center that would occupy the existing 2,477
square-foot, ground floor retail space at 715 S. First Avenue.: There will be six
classrooms with up to five students in each class, which equates to a maximum of 30
CUP 09-05
715 S. First Avenue
April 28, 2009
Page 2
students at the proposed tutoring center. Classes in language, art, and general
tutoring will be offered to students from kindergarten to fifth grade. The hours of
operation will be 10:00 a.m. to 7:00 p.m., seven days a week. The proposed classes
include an 11:45 a.m. to 6:00 p.m. kindergarten, and three, two-and-a-half to three
hour long after-school sessions for first to fifth graders (see the attached class
schedule). The weekday schedule is staggered so that the tutoring sessions begin
and end fifteen minutes.apart from each other. There will be six teachers; one for
each classroom, and one administrator/receptionist. A tutoring center is a permitted
use in the C-2 zone with an approved conditional use permit.
Parking
There is a basement garage with 42 parking spaces; 34 are for the commercial uses
and eight are guest parking spaces for the residences. Each of the residential units
has a two-car garage on the ground-floor level. Additionally, of the 34 commercial
parking spaces, ten are compact stalls, which are no longer allowed by Code.
Modification Application No. MC 08-42 was conditionally approved by the Planning
Commission on November 25, 2008 to allow 34 on-site parking spaces in lieu of 38
required to convert the 2,550 square-foot, third floor general office space into a
dental office. The condition of approval is that only one pediatric dentist is permitted
to operate at this location. The following table lists the current parking requirements:
Parking Requirements for Current Commercial Uses at 715 S. First Avenue
Approx.
Parking
Spaces
Uses
Sg. Ft.
Ratio
Required
3rd Floor - Dentist
2,550
6/1,000sq.ft.
15.3
2"d Floor- General Office
2,550
4/1,000 sq.ft.
10.2
1s` Floor- Retail
2,477
5/1,000 sq.ft.
12.4
Totals
7,577
38
On-site parking spaces provided
34
By code, a tutoring center for students of non-driving age is required to provide one
on-site parking space for each employee and one space for every five students. If
limited to six teachers, one administrator/receptionist, and 30 students, the proposed
tutoring center would be required to provide 13 spaces, which is only one more than
the requirement for the permitted retail use of the first floor. The parking calculation
for the proposed tutoring center is shown in the following table:
Parking Requirement for the Proposed Tutoring Center
Criteria Parking Ratio Spaces Required
1 space per employee x 7 employees = 7
1 space per 5 students x 30 students - 6
Total 13
CUP 09-05
715 S. First Avenue
April 28, 2009
Page 3
Although the parking requirement for this mixed-use development increases by only
one space for the proposed use, it is staffs opinion that because this project cannot
provide for off-street drop-off and pick-up of the students, this application, if
approved, would have a negative impact on the neighboring properties and the traffic
flow on First Avenue and Alice Street.
The proposed staggered schedule may help prevent too many drop-offs and pick-
ups from occurring at one time, but because the parking for the commercial uses is
located in a basement garage, it is inevitable that most of the students will be
dropped off and picked up at curbside on First Avenue or Alice Street. This type of
activity occurs frequently at other existing tutoring centers along First Avenue even
though there may be a readily accessible on-site parking lot. These situations cause
traffic congestion during peak hours, and the prevention of double-parking violations
is also a recurring problem. A curbside passenger loading only zone could
somewhat alleviate these problems.
Staff received four letters of opposition from nearby residents (see attached). These
neighbors are concerned about the traffic impacts, and the unsupervised gathering
of children before and after the tutoring sessions.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking and site design are required to be complied with to the
satisfaction of the Building Official, Community Development Administrator, Fire
Marshal, and Public Works Services Director.
CEQA
Proposed projects that are not approved, are. by virtue of being denied, exempt from
any further environmental assessment. If approved, however, and if it is determined
that no physical alterations to the property are necessary, then this project is
categorically exempt from further environmental review pursuant to the provisions of
the California Environmental Quality Act, Section 15322, which exempts projects for
educational or training programs involving no physical changes to the property. If
this project is determined to be categorically exempt, the Development Services
Department will prepare a Notice of Exemption. A Preliminary Exemption
Assessment has been prepared and is attached to this staff report.
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 conditions
can be satisfied:
CUP 09-05
715 S. First Avenue
April 28, 2009
Page 4
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.
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.
It is staff's opinion that prerequisite condition no. 3 cannot be satisfied because the
site is inadequate in size and shape to accommodate an on-site drop-off and pick-up
location for said use. The lack of an adequate on-site location means that most of
the drop-off and pick-up activity will have to take place in the public rights-of-way,
which will cause undue traffic congestion.
RECOMMENDATION
The Development Services Department recommends denial of Conditional Use
Permit Application No. CUP 09-05.
If the Planning Commission intends to approve this application, staff recommends
the following conditions:
1. There shall not be more than thirty (30) students with six (6) instructors and
one (1) administrator/receptionist at any time at the tutoring center.
2. The hours of operation of the tutoring center shall be limited to 10:00 a.m. to
7:00 p.m., seven days a week.
3. The tutoring center shall post and distribute notices to all students, their
parents, and the staff, instructing them where to park and where to drop-off
and pick-up students in accordance with requirements to be established by
the City. A draft of the notice shall be submitted to the City for review and
approval by the Development Services Director or designee prior to issuance
of an occupancy permit.
CUP 09-05
715 S. First Avenue
April 28, 2009
Page 5
4. A designated passenger loading zone in front of the subject building along
First Avenue shall be provided if deemed acceptable by the City Engineer.
Such loading zone shall be provided at the tutoring center's expense in a
manner to be determined by the City Engineer.
5. The use approved by CUP 09-05 is limited to the proposed tutoring center
which shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and approved for CUP 09-05.
6. The approval of CUP 09-05 includes a one space parking modification which
is applicable only to the tutoring center approved by CUP 09-05.
7. Noncompliance with the plans, provisions and conditions of approval for CUP
09-05 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the tutoring center.
8. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the
satisfaction of the Building Official, Community Development Administrator,
Fire Marshal, and Public Works Services Director.
9. 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, 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 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.
10. Approval of CUP 09-05 shall not take effect until the property owner(s), and
applicant.have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
CUP 09-05
715 S. First Avenue
April 28, 2009
Page 6
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 09-05; state the supporting
findings and environmental determination, and direct staff,to prepare a resolution
incorporating the Commission's decision, specific determinations and findings, 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 09-05; state the finding(s)
that the proposal does not satisfy with reasons based on the record, and direct staff
to prepare a resolution . incorporating 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 April 28th public hearing, please contact
Associate Planner, Thomas Li at (626) 574-5447.
Approved by:
asama
Community Development Administrator
Attachments: Aerial Photo with zoning information
300-foot radius map
Plans
Photos
Letters of Opposition
Preliminary Exemption Assessment
CUP 09-05
715 S. First Avenue
April 28, 2009
Page 7
715 S. First Ave. / 57 Alice St.
,a_,:.j CUP 09=05
~A=p~tlc.S NTq-P
BUSINESS PLAN
UE C ENTERPRISE INC.
YALE EDUCATION INSTITUTE
715 S. FIRST AVE.,
ARCADIA, CA 91006
(626)675-1848
EILEEN Li
March 24, 2009
Estimated teachers: 6
Estimated students: 30
Operation Hours: 10:00 am-7:00 pm
Class Schedule Hours:
11:45am- 6:00 pm (Kindergarten 5 students, 1 teacher)
3:00pm-5:30pm (ls` grade & 2°d grade) (5 students, 1 teacher for each classroom)
3:15pm-5:45pm (3rd grade & 4d' grade) (5 students, 1 teacher for each classroom)
3:30pm-6:30pm (5d' grade) (5 students, 1 teacher for each classroom)
(0:00am-11:30am Art class at weekend (5 students, 1 teacher for each classroom)
1:00pm-3:30pm Language class at weekend (5 students, 1 teacher for each
classroom)
Class Schedule: M-F Afternoon Class for Tutoring
S-Sun Weekend Art and Chinese, Spanish Class, Tutoring.(All Classes
should according State standard and follow up State regulations)
Operation Plan for Loading and Pick up:
The parents transportation rides and school bus will be loading and pick up children
on Alice Ave where is close to facility at different time schedule depends on class
schedule.
Targeted Market and Customers
Everyday, after school hour, many children have not place can go to do homework,
review classroom work, also in our country, they need take care and under care before
they get 14 years old by law, as one of those parents, I and we cannot leave children
behind our care, let them walk on the street by themselves, that is dangerous for them, for
parents, we need give the hands to them and their parents, and their parents can working
at office without worry.
Growth Trends In This Business
This market have a big potential clients, in Arcadia City, we have 5 elementary schools
and 3 middle school, 1 high school, every school average about 670 students there, but
only have same kind of function after-school about 25-30, it is not enough for our needs.
After very carefully and completely research and analyze, our pricing is average between
the highest and lowest, but we provide more and perfect services to students and parents,
such like we provide good and nutrition snack; eye excises time; enough rest time; Friday
funny shows; umbrella service; pick up services; etc..
SECTION • AND PEOPLE
THE rrWe will have a strong management team and very professional, friendly, patiently teacher y
team to build good reputation and middle pricing range to get most middle income
F, range's family come to our school.
4i
`j
TWork Experience Related to My Intended Business
As a education staff, I have a many years experience at school industry both in China and
here, I worked at Rosemead English School, also I have business experiences, my major
is business management and graduated from University of Shenzhen.
i
4' II
i
Personal Background and Education Credentials
See resume.;
{
i
f
Communications
Resource Requirements:
Communications
We will have some flyers and put some advertisement to radio station and newspaper to let people
who living the area know us.
Telephones
We will have 3 different individual line for business and 1 line for children service, the budget is
$500.
Pagers
We will arrange cell phone provide to key staff.
Facsimile
We will have a regular basis fax machine and budget is $350.
Computers
We will have a individual computer learning room for children, and inside held about 10
computers, budget is $3,000.
Internet
We will have a regular computer internet access such as DSL or AT&T internet services package,
the budget is $500 per month
SECTION • ORGANIZATION
Business Organization
Arcadia Commerce Chamber.
Because if join the chamber in the city, will have a lot of benefit from there, like we have
net work, we can communicate with whoever joined chamber each other.
f~ t
Professional Consultants
Lawyer: Daniel Huang Law Office r
4! Insurance Agency: KCAL Insurance Agency
9i Accounting Office: William Woo
~I
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61
Licenses
Condition Use Permit and Business License. ~j
1 s
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Due Diligence Procedures for Licenses, Permits and Business Names (Session 14):
List the following:
DBA: Yale Education Institute
Zoning: C3
Licenses: Local Business License
Local: Arcadia Business License and Condition Use Permit
State: N/A
Federal: N/A
Trademark: N/A
Sellers Permit: For sell some drinks and small foods;
EIN: 80-0352331
r N
L^.. ~ O
marKetmg rian
(Session 12): Describe your overall marketing and sales strategy including how you plan
to get and retain customers.
The plan for advertisement is we will put our AD to Chinese Yellow Page; California
Chinese Yellow Page; California Color Page; Chinese Newspaper; colorful flyer; etc..
The budget is $3000 per year.
New equipments: folding tables; folding chairs; new boards; new stationary; office
equipments such as copier, printer, computer, telephone, electronics pencil cutter, etc..
We have individual storage room nearby our office for manage and control our stock and
books and business stuff.
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Page 1 of 1
Tom LI
From:
li li [1i--123@hotma!l.com]
Sent:
Monday, April 20, 2009 4:56 PM
To:
Tom Li
Subject: public hearing for 715 S. First Avenue #CUP 09-05, public hearing
Hello Mr. Thomas Li,
My name is Ted Li and I live in 126 Fano St. #A and I am voting a "NO" to this permit, as
there are already too much "Education Center" in First Avenue area and the parents
always block the street & roads in picking up the kids, plus from time to time those kids
(especially for high school kids) will just hang out in the street after off from those
"Education Center". I would like to vote "NO". I do not know if we can against them in
setting up this new "Education Institute", but sincerely hope city can help us to provide
more quite and safe enviorment.
THANK YOU.
Li
i~~jC~3~~~A7rIFuL ! ~1i9*~3~E~~1A)!"IF~lAB I
4/20/2009
Page 1 of 1
Tom U
From: zhou zhou [zhoujl2@hotmail.comj
Sent: Monday, April 20, 2009 5:17 PM
To: Tom Li
Subject: 715 S. 1st Ave, CUP 09-05 FOR YALE EDUACTION
DEAR MR. LI,
I DO NOT THINK I T /S A GOOD IDEA INSETTING UP MORE EDCA T/ON CENTER
HEREIN S. FIRSTA VENUE, AS THEREARE TOO MANY OF THEMALREADYAND
EVERYDAY WHEN I DRIVE BACK FROM MY WORK (I LIVE IN 52 BONITA STREET.
ARCAIDA) THERE ARE AL WA YS KIDS HANGING OUT IN THIS STREET AND SITTING
IN THE STREET WAITING FOR THEIR PARENTS TO PICK THEM UP. 'THE TRAFFIC
IS A WFUL EVERYDA Y FROM TIME 5-30PM TO 6.30PM. MY WIFE USE TO TAKE MY
KIDS OUT FOR STORLLING AFTER THE DINNER, BUT NOW SHE DARE NOT GOING
OUT JUST BECAUSE OF THERE ARE TOO MANY KIDS AND CARS IN THE STREET.
I WOULD URGE C/TYNOT TO GIVE OUT THIS PERMIT TO PROVIDE A SAFE &
QUITE NEIGHBORHOOD FOR US WHICH WE NEED /T.!!!
S/NCEREL Y,
JERRYZHOU
4/20/2009
Tom U
From:
HUNG KUEI CHANG [changage@sbcglobal.net]
Sent:
Monday, April 20, 2009 5:43 PM
To:
Tom Li
Subject:
yale education, CUP NO 09-05
Mr. Thomas,
we would vote a big NO on this permit, as 1st Avenue already too many education school ( I
think at least 6-7 of them), maybe you not live in nearby, I talked to our neightbors
today & it's choas from Mon to Fri after 5:30pm.
We live in ALICE STREET and just the street next to 715 S. 1ST AVENUE, the traffic already
awful those several years and I do not want to block meself outside of my home for those
private schools everyday.
We do not know what kind of evidence we can or need to provide to your esteemed planning
department of Arcadia City and truly hope City will not giving out any more permit in this
neighborhood again. I can not attend the hearing that day beacuse of my jbb, can you
please let me know how to let all concerned department awaring of our attitude in
regarding of this case.
Changs Family & it's neighbors
1
Page I of 1
Tom Li
From: Top League [topleague88Qyahoo.com]
Sent: Tuesday, April 21, 2009 3:24 PM
To: Tom Li
Cc: Rosi Lleng
Subject: notice for public hearing for cup 09-05 715 s. 1st ave.,
Hello Thomas,
We have to vote a big "NO" for this hearing hold on this 28th at 7:00pm, as we doubt if it is against the existing
regulations, as it looks like only front side of 715 can have the place to pick up the students, Does this
application fits city's pick up/parking regulations???. Do they have enough space for parking( for both teachers
and students).
Do we have to show up that day of hearing or we can just use this mail to present our opinion??. I was told
before it's impossible to apply for education use in this location(limited parking space), hove come city now
willing to give this company a trial.
Thank you
Alex
817 S. 1 ST AVENUE, ARCADIA
4/21/2009
PRELIMINARY EXEMPTION ASSESSMENT
C~FPOPeTII•o'
(Certificate of Determination when attached to Notice of Exemption)
Name or description of project: CUP 09-05
2. Location: 715 S. First Avenue
3. Entity or person undertaking project:
A.
X B. Other (Private)
(1) Name: Eileen Li (representative of lessee, Yale Education
Institute)
(2) Address: 405 S. Del Mar Avenue
San Gabriel, CA 91776
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.
C. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. X The project is categorically exempt.
Applicable Exemption Class: 22
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: March 31. 2009 Thomas P. Li
Staff
7/02
r,1
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, April 14, 2009, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, April 14, 2009
at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with
Chairman Pro Tem Parrille presiding.
PLEDGE OF ALLEGIANCE
ROLL CALL:
PRESENT: Commissioners Baderian, Baerg, Hsu, and Parrille
ABSENT: Commissioner Beranek
MOTION:
It was moved by Commissioner Baderian and seconded by Commissioner Hsu to excuse
Commissioner Beranek. Without objection the motion was approved.
OTHERS ATTENDING
City Councilman Gary Kovacic
City Engineer Phil Wray
Community Development Administrator Jim Kasama
Associate Planner Tom Li
Senior Administrative Assistant Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS .
None
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS - Five-minute time
limit per person
None
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT NO. CUP 09-01
306-310 S. First Avenue
Rosi Ueng of Treeline Realty (Real Estate Agent on behalf of property owner, First Cal Holding,
LLC)
The applicant is requesting a permit to amend an existing Conditional Use Permit (CUP 03-005,
Resolution No. 1695) to allow general commercial uses in the 2,787 square-foot free-standing
unit (Unit #9) that was permitted as a restaurant. The subject unit is within a mixed-use project
with 10,767 square feet of commercial space and eight (8) residential condominium units.
Associate Planner Tom Li presented the staff report.
Chairman Pro Tem Parrille called for questions from the Commissioners.
Commissioner Baderian asked for clarification of Table 2, Parking Requirements for General
Commercial Uses at the Subject Unit. Mr. Li reviewed the data.
Chairman Pro Tem Parrille asked if anyone wanted to speak in favor of the project.
Ms Ueng, representing the property owner, explained that the owner expected the proposed
change in usage would make the site more desirable to prospective tenants.
Chairman Pro Tem Parrille asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public
hearing.
Without objection the public hearing was closed.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve
Conditional Use Permit No. CUP 09-01 subject to the conditions listed in the staff report.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Hsu, and Parrille
NOES: None
ABSENT: Commissioner Beranek
A Resolution reflecting the decision of the Planning Commission will be presented for
adoption at the next Commission meeting. There is a five working day appeal period after
the adoption of the Resolution.
2. CONDITIONAL USE PERMIT NO. CUP 09-02
120 E. Live Oak Avenue
Frank C. Yang and Milly M. Chung of MFAC Gallery, Inc. (Tenant)
The applicant is requesting a Conditional Use Permit for a 3,000 square-foot performing and
fine arts studio offering classes for up to 20 students at any one time. The hours of operation
will be 9:00 a.m. to 9:30 p.m., Monday through Saturday, and closed on Sundays.
Associate Planner Tom Li presented the staff report.
PC MINUTES
414-09
Page 2
r
41 Chairman Pro Tem Parrille called for questions from the Commissioners.
Commissioner Hsu asked if there was any decibel limitation for this project and Mr. Li
explained that the standard noise limitations apply.
Chairman Pro Tern Parrille asked if anyone wanted to speak in favor of the project.
Frank and Milly Yang, co-owners of the business, offered to answer any questions the
Commissioners might have.
Commissioner Baderian asked the applicants if they had read the staff report and if they would
agree to comply with all conditions of approval.
Mrs. Yang said that they had read and understood the staff report and all conditions of approval
and they will comply with all conditions.
Commissioner Baderian noted that one of the conditions limited them to only one instructor at
a time and no more than 20 people at a time. He asked the applicants to confirm their
agreement with this condition.
The applicants stated that they understood the conditions and would comply with them.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public
hearing.
Without objection the public hearing was closed.
Commissioner Baderian said that he is in support of the project but that he is concerned about
the parking impacts. He asked if staff would report back to the Commission on this issue after
the studio has been in operation for a few months.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve
Conditional Use Permit No. CUP 09-02 subject to the conditions listed in the staff report, and
Commissioner Baderian asked that staff monitor the parking situation and report back to the
Commission in about six months after the studio opens.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Hsu, and Parrille
NOES: None
ABSENT: Commissioner Beranek
A Resolution reflecting the decision of the Planning Commission will be presented for
adoption at the next Commission meeting. There is a five working day appeal period after
the adoption of the Resolution.
PC MINUTES
414-09
Page 3
CONSENT ITEMS
3. MINUTES OF MARCH 24, 2009
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve the
minutes of March 24, 2009, as presented.
Without objection the minutes were approved as presented.
MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION
Councilman Gary Kovacic said that the City Council overturned the Commission's denial of the
one-sided cul-de-sac project on Eighth Avenue on appeal. He explained that after a thorough
review the Council added conditions regarding landscaping, preserving the oak tree and a
covenant for the neighbor to continue to maintain a horse property on an adjacent lot. He said
that since one-sided cul-de-sacs are not specifically prohibited the Council decided to overturn the
denial.
Councilman Kovacic noted that the transition to one day trash pick up will begin on May 6. He
also said that the rail cars being stored along the railway right-of-way attract graffiti and other
nuisances but that many overriding federal rules and regulations make it difficult to resolve the
problem. He reported that the city will receive economic stimulus funds for transportation, the
city is still negotiating with Mr. Rusnak and that the city bike ride will take place on Saturday,
May 2, followed by a pancake breakfast. Councilman Kovacic pointed out that May 9 is "Law
Day", when free legal advice is offered to residents and that Commissioner Parrille will be
participating. He also said that on Friday, Mr. and Mrs. Mickey Segal will be honored as Citizens
of the Year.
Councilman Kovacic said that the Council will be reorganizing at their next meeting so he will
probably not be serving as liaison to the Planning Commission after that. He thanked the
Commissioners for their efforts on behalf of the city and said that he enjoyed working with them.
Chairman Pro Tem Parrille thanked Councilman Kovacic for serving as liaison to the Planning
Commission.
MODIFICATION COMMITTEE MEETING ACTIONS
Chairman Pro Tern Parrille said there were five items on the Modification Committee agenda this
morning, one was denied and the other four were approved.
FURTHER MATTERS FROM STAFF
Mr. Kasama reviewed upcoming cases. He said that the Rusnak project is ongoing and the
Arcadia Storage building is currently being renovated. Also, the Church in Arcadia has vacated
their building:
PC MINUTES
4-14-09
Page 4
Mr. Kasama said that Westfield wants to increase the square footage of their restaurant allotment
from 10,000 square feet to 23,500 square feet and there is a proposed Parcel Map project on Fano
Street which will be ready for the Commission soon.
ADJOURNED 7:30 p.m
Chairman, Planning Commission
ATTEST:
Secretary, Planning Commission
PC MINUTES
414-09
Page 5
N
RESOLUTION NO. 1791
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. CUP 09-01 TO AMEND AN EXISTING CONDITIONAL
USE PERMIT (CUP 03-05, RESOLUTION NO. 1695) TO ALLOW
GENERAL COMMERCIAL USES IN THE 2,787 SQUARE-FOOT,
FREE-STANDING UNIT THAT WAS PERMITTED AS A
RESTAURANT AT 306-310 S. FIRST AVENUE
WHEREAS, on February 19, 2009, a Conditional Use Permit application was
filed by Rosi Ueng of Treeline Realty to amend an existing Conditional Use Permit (CUP
03-05, Resolution No. 1695) to allow general commercial uses in the 2,787 square-foot,
free-standing unit that was permitted as a restaurant, Development Services Department
Case No. CUP 09-01, at property commonly known as 306-310 S. First Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on April 14,
2009, 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 staff report dated April 14, 2009 is true and correct.
SECTION 2. This Commission finds:
That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare, or injurious to the property or improvements in such zone or
vicinity, and the project is exempt from the requirements of the California Environmental
Quality Act (CEQA) per Section No. 15301 of the CEQA Guidelines as a project
involving minor alterations of an existing facility.
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 businesses in the subject project 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.
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 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 09-01 to amend an existing Conditional Use Permit
(CUP 03-05, Resolution No. 1695) to allow general commercial uses in the 2,787 square-
2 1791
foot, free-standing unit that was permitted as a restaurant at 306-310 S. First Avenue,
subject to the following conditions:
1. The approval of CUP 09-01 limits the use of the subject 2,787 square-foot,
freestanding unit to restaurants and general commercial uses that are permitted in the
subject C-2 zone, and the property shall continue to be operated and maintained in a
manner that is consistent with CUP 03-05, except as amended by the proposal and plans
submitted and approved for the CUP amendment by application no. CUP 09-01.
2. Noncompliance with the plans, provisions and conditions of approval for
CUP 03-05 and CUP 09-01 shall be grounds for immediate suspension or revocation of
any approvals.
3. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the satisfaction
of the Building Official, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
4. Approval of CUP 09-01 shall not take effect until the property owner(s), and
applicant(s) have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
5. 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
annul any approval or condition of approval of the City of Arcadia concerning this project
3 1791
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. .
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 28th day of April, 2009.
Chairman, Planning Commission
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
4 1791
RESOLUTION NO. 1791
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. CUP 09-01 TO AMEND AN EXISTING CONDITIONAL
USE PERMIT (CUP 03-05, RESOLUTION NO. 1695) TO ALLOW
GENERAL COMMERCIAL USES IN THE 2,787 SQUARE-FOOT,
FREE-STANDING UNIT THAT WAS PERMITTED AS A
RESTAURANT AT 306-310 S. FIRST AVENUE
WHEREAS, on February 19, 2009, a Conditional Use Permit application was
filed by Rosi Ueng of Treeline Realty to amend an existing Conditional Use Permit (CUP
03-05, Resolution No. 1695) to allow general commercial uses in the 2,787 square-foot,
free-standing unit that was permitted as a restaurant, Development Services Department
Case No. CUP 09-01, at property commonly known as 306-310 S. First Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on April 14,
2009, 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 staff report dated April 14, 2009 is true and correct.
SECTION 2. This Commission finds:
That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare, or injurious to the property or improvements in such zone or
vicinity, and the project is exempt from the requirements of the California Environmental
I
Quality Act (CEQA) per Section No. 15301 of the CEQA Guidelines as a project
involving minor alterations of an existing facility.
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 businesses in the subject project 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.
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 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 09-01 to amend an existing Conditional Use Permit
(CUP 03-05, Resolution No. 1695) to allow general commercial uses in the 2,787 square-
2 1791
~t
foot, free-standing unit that was permitted as a restaurant at 306-310 S. First Avenue,
subject to the following conditions:
The approval of CUP 09-01 limits the use of the subject 2,787 square-foot,
freestanding unit to restaurants and general commercial uses that are permitted in the
subject C-2 zone, and the property shall continue to be operated and maintained in a
manner that is consistent with CUP 03-05, except as amended by the proposal and plans
submitted and approved for the CUP amendment by application no. CUP 09-01.
2. Noncompliance with the plans, provisions and conditions of approval for
CUP 03-05 and CUP 09-01 shall be grounds for immediate suspension or revocation of
any approvals.
3. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the satisfaction
of the Building Official, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
4. Approval of CUP 09-01 shall not take effect until the property owner(s), and
applicant(s) have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
5. 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
annul any approval or condition of approval of the City of Arcadia concerning this project
3 1791
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.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 28th day of April, 2009.
Chairman, Planning Commission
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
4 1791
j~
RESOLUTION NO. 1792
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. CUP 09-02 FOR A 3,000 SQUARE-FOOT PERFORMING
AND FINE ARTS STUDIO OFFERING CLASSES FOR UP TO
20 STUDENTS AT 120 E. LIVE OAK AVENUE
WHEREAS, on March 4, 2009, a Conditional Use Permit application was filed by
Frank C. Yang and Milly M. Chung for a 3,000 square-foot performing and fine arts
studio offering classes for up to 20 students; Development Services Department Case No.
CUP 09-02, at property commonly known as 120 E. Live Oak Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on April 14,
2009, 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 staff report dated April 14, 2009 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, and that the project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section No. 15322 of the CEQA Guidelines as
an educational or training program involving no physical changes to the property.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized.
v
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 parking 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.
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 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 09-02 for a 3,000 square-foot performing and fine arts
studio offering classes for up to 20 students at 120 E. Live Oak Avenue, subject to the
following conditions:
1. There shall not be more than twenty (20) students with one (1) instructor at
any one time for the performing and fine arts studio.
2. The hours of the proposed studio shall be limited to Monday through
Saturday from 9:00 a.m. to 9:30 p.m., and closed on Sundays.
2 1792
f~
rf
3. The use approved by CUP 09-02 is limited to the performing and fine arts
studio. The facility shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and approved for CUP 09-02.
4. Noncompliance with the plans, provisions and conditions of approval for
CUP 09-02 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the performing and fine arts studio.
5. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the satisfaction
of the Building Official, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
6. Approval of CUP 09-02 shall not take effect until the property owner(s), and
applicant(s) have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
7. 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
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 Section 66499.37 or
other provision of law applicable to this project or decision. The City shall promptly
3 1792
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.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 28th day of April, 2009.
Chairman, Planning Commission
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
4 1792