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HomeMy WebLinkAbout7-22-25 Agenda PacketTuesday, July 22, 2025, 7:00 P.M. Location: City Council Chambers, 240 W. Huntington Drive Pursuant to the Americans with Disabilities Act, 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 from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. (626) 574-5455 48 -English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City -5455 at least 72 hours prior to the meeting. (626) 574- 5455 72 CALL TO ORDER ROLL CALL: SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) 1 1. Resolution No. 2171 Approving Conditional Use Permit No. CUP 25-04, thereby amending CUP No. 00-15, to allow additional live entertainment uses and a change in entertainment hours at Astronaut City Bar, located at 1037 S. Baldwin Avenue CEQA: Exempt Recommendation: Adopt Applicant: Teresa Lo 2 CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 3 4 5 6 DATE: July 22, 2025 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director By: Edwin Arreola, Senior Planner SUBJECT: RESOLUTION NO. 2171 APPROVING CONDITIONAL USE PERMIT NO. CUP 25-04, THEREBY AMENDING CUP 00-15, TO ALLOW ADDITIONAL LIVE ENTERTAINMENT USES AND A CHANGE IN ENTERTAINMENT HOURS AT ASTRONAUT CITY BAR, LOCATED AT 1037 S. BALDWIN AVENUE CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant and business owner, Teresa Lo, is requesting approval of Conditional Use Permit No. CUP 25-04, thereby amending Conditional Use Permit No. CUP 00-15, to allow additional live entertainment uses including comedy performances, trivia nights, live solo music acts (acoustic and amplified), and magic acts in addition to karaoke, and to modify the approved live entertainment hours from 9:00 p.m. to 2:00 a.m. to 7:00 p.m. to 12:00 a.m. at an existing bar business located at 1037 S. Baldwin Avenue (dba: Astronaut City). It is recommended that the Planning Commission adopt Resolution No. 2171 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 25-04, subject to the conditions listed in this staff report. BACKGROUND The subject site is a corner lot that is located on the northwest side of S. Baldwin Avenue and Arcadia Avenue. It is a developed with a multi-tenant commercial building that has five units (1035-1043 S. Baldwin Avenue) and a standalone 970 square foot restaurant at 1045 S. Baldwin Avenue. There are two adjacent parcels to the north at 1025 and 1027 S. Baldwin Avenue, which together appear to form a single commercial plaza with the subject site. However, these two parcels are owned by a different property owner. At one point, the parking lot was shared among all three sites, but it is 7 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 2 of 12 no longer shared. The property is zoned C-G (General Commercial) with a Residential Flex Overlay (R-F) and has a General Plan Land Use Designation of Commercial. The site is surrounded by other commercial properties zoned C-G with an R-F Overlay to the north and across the street to the east and south. A R-3 (High Density Residential) zoned property is located at the rear of the site to the west refer to Attachment No. 3 for an Aerial Photo with Zoning Information and Photos of the subject property. The existing bar business is located in one of the five units (1037 S. Baldwin Avenue) and this unit is approximately 975 square feet. The unit consists of a small stage, seating area, bar area, two restrooms, and a storage area. The other units on-site consist of a dry-cleaning business (1035 S. Baldwin Avenue), a beauty salon (1039 S. Baldwin Avenue), a retail clothing store (1041 S. Baldwin Avenue), a shipping store (1043 S. Baldwin Avenue), and a restaurant (1045 S. Baldwin Avenue). The site has 18 parking spaces (including one accessible space) and has ingress and egress for vehicles off Baldwin Avenue and a driveway solely for egress off Arcadia Avenue refer to Figure 1 below. Figure 1 Aerial of Subject Site The Applicant has recently taken over the bar business, which previously was operating under the name of Host Bar. The bar has been operating there since 1982. In 8 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 3 of 12 September of 2000, the Planning Commission approved Conditional Use Permit No. CUP 00-15 to allow a Type 48 Alcoholic Beverage Control (ABC) license (for the sale of beer, wine, and distilled spirits), piano and karaoke performances from 9:00 p.m. to 2:00 a.m., and seating for up to 50 patrons. Refer to Attachment No. 2 for Resolution No. 1621. Prior to 2000, the bar operated as a legal non-conforming use, as it operated prior to the City requiring a Conditional Use Permit (CUP) for bars. At that time, it only offered beer and wine and did not have any live entertainment. PROPOSAL The Applicant is proposing to amend the existing CUP to allow additional live entertainment uses including comedy performances, trivia nights, solo live music acts (acoustic and amplified), and magic acts. No tenant improvements will be required to accommodate the additional entertainment uses, and only furniture will be rearranged within the unit. Additionally, the hours for the live entertainment are proposed to be shifted from the originally approved hours of 9:00 p.m. to 2:00 a.m. to the now proposed 7:00 p.m. to 12:00 a.m., nightly. operation, so this CUP serves to reinforce the intent of the original approval. Resolution No. 1621 outlines the limitations of the previously approved CUP 00-15 within both its title and the staff report. Therefore, the current proposal would require new conditions of approval to formally memorialize the previously approved use and any proposed amendments. Each type of live entertainment will be conducted on a separate night, on a rotating basis. This is to provide a range of entertainment options to attract customers to the business. All the performances will take place indoors on the existing stage area within the unit and will be amplified on a fixed sound system which will be monitored by the business for noise control (a maximum of 50 decibels is permitted at the rear property line which is adjacent to an R-3 zone) and will be presented before a seated audience refer to Figure 2 below. The bar will not offer any food service and there will be no dance floor refer to Attachment No. 4 for a Floor Plan and Site Plan. 9 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 4 of 12 Figure 2 Existing Interior of the Unit Aside from the proposed additional entertainment uses, the Applicant plans to operate with the same restrictions as the previously approved CUP which includes a Type 48 ABC license, seating for up to 50 patrons, and daily operating hours from 12:00 p.m. to 2:00 a.m. But the hours for the live entertainment will change from 9:00 p.m. to 2:00 a.m. to 7:00 p.m. to midnight, daily. ANALYSIS An amendment to a CUP is required whenever there is a change to the operation of what was previously approved by the Planning Commission, unless the changes can be approved administratively by staff. In this case, the Applicant is required to amend the existing CUP because the original approval specifically permitted only piano and karaoke performances as live entertainment and is altering the permitted hours for live entertainment. The proposed live entertainment uses are not expected to be any more impactful than the already approved karaoke and piano live entertainment. The live music acts will be limited to a solo performer (acoustic or amplified) and there will be no live bands. The trivia nights, comedy performances, and magic acts will consist of small scale acts refer to Figure 3 below for the stage area. They will operate through a fixed sound system which will be monitored by the business for noise control and will be performed in front of a seated audience of up to 50 people. Additionally, the Applicant plans to install acoustic panels within the unit to minimize sound, ensure that doors remain closed during the live entertainment hours, and have a licensed security guard present during operating hours to maintain safety and deter any loitering outside of the business. 10 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 5 of 12 Figure 3 Stage Area for Live Entertainment The live entertainment hours will be shifting from the previously approved time frame of 9:00 p.m. to 2:00 a.m. to the proposed 7:00 p.m. to 12:00 a.m., daily. Therefore, the proposed amendment to the CUP will end all live entertainment by midnight, which is two hours earlier. Parking for bar uses is based on floor area. Since the bar is an existing use, is not physically expanding, and is not requesting a greater seating capacity, there is no change to the parking requirement. Live entertainment is an ancillary use for bar uses and the subject site has had live entertainment for the past 25 years without issue. Therefore, the additional live entertainment are not expected to further impact the demand for parking for the site. The Arcadia Police Department has reviewed the request and has no issues with the proposed live entertainment uses nor has it had any issues with the business location in the past. The proposed business will be conditioned to ensure that the business complies with the proposal and the noise. FINDINGS Section 9107.09.050(B) of the Development Code requires that for an amendment to a Conditional Use Permit to be granted, the Planning Commission must make the following findings: 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the 11 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 6 of 12 granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The proposed amendment to Conditional Use Permit No. CUP 00-15 would allow additional live entertainment uses including comedy performances, trivia nights, solo live music acts, and magic acts and would revise the permitted live entertainment hours to 7:00 p.m.-12:00 a.m., nightly. These designation, which is intended to accommodate a wide range of complementary commercial uses, including entertainment uses that serve both neighborhood and citywide needs. The use of the site as a bar will remain unchanged under this amendment. The proposed entertainment uses are typical ancillary activities found in bars and are The site is zoned General Commercial (C-G) and Arcadia Development Code Section 9102.03.020, Table 2-8, allows bars, lounges, taverns and other similar uses with live entertainment are conditionally permitted in this zone, subject to Planning Commission approval. Therefore, the proposed amendment complies with the Arcadia Development Code and does not conflict with the comprehensive General Plan. The project is also consistent with the following General Plan policy: Economic Development Element Policy ED-1.10: Develop and implement effective business retention and business Include as part of the overall strategy collaboration with local businesses and other representatives and development and implementation of an Economic Development Strategic Marketing Plan. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The Applicant proposes to amend an existing Conditional Use Permit for a bar located on South Baldwin Avenue to allow additional live entertainment uses. The bar is an established use within an existing commercial tenant space, and no changes are proposed to the design, location, or size. The business will continue to operate within its current footprint, and the proposed entertainment including comedy performances, trivia nights, acoustic music, and magic acts will take place nightly from 7:00 p.m.-12:00 a.m., a reduction from the previously approved hours of 9:00 p.m.-2:00 a.m., as originally approved under Conditional Use Permit No. CUP 00-15. 12 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 7 of 12 The entertainment will utilize a fixed, monitored sound system, and the Applicant will implement sound measures, including installation of acoustic panels and maintaining closed doors during performances. A licensed security guard will be on-site during all operating hours to ensure patron safety and deter loitering outside the premises. As the amendment does not involve any physical expansion or significant intensification of the use, and the proposed live entertainment is ancillary to the primary use as a bar, no adverse impacts on existing or future surrounding land uses are anticipated. Therefore, the proposed amendment is compatible with the character of the surrounding area and consistent with applicable zoning and land use goals. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking. Facts to Support This Finding: The site is physically suitable to accommodate the proposed amendment allowing additional live entertainment uses. The 975 square-foot commercial tenant space currently operates as a bar with karaoke and piano performances on an existing stage. The new entertainment uses, including comedy, solo music acts, trivia nights, and magic acts will occur within the same location, or size. Although a change in live entertainment hours is proposed (from 9:00 p.m.-2:00 a.m. to 7:00 p.m.- approved business hours. The entertainment will be entirely indoors, and no increase in customer capacity or floor area is proposed. As a result, the proposed amendment is not expected to generate additional parking or necessitate site improvements. The property has historically supported similar entertainment uses, and no physical modifications are needed to continue accommodating them. Therefore, the site remains physically suitable to accommodate the amended use. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The property is located on the northwest corner of S. Baldwin Avenue and Arcadia Avenue. Both streets are adequate in width and pavement type to carry the traffic generated by the bar and emergency vehicles. Therefore, the amendment will not affect the existing conditions of these rights-of-way. 13 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 8 of 12 c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The Fire and Police Departments have reviewed the application and determined that there will be no further impacts to public protection services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The additional live entertainment will not require any new improvements. Therefore, the utilities and infrastructure will continue to adequately service the site. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed amendment does not alter the overall operation of the existing bar but allows for additional types of live entertainment. These new entertainment uses, including solo acoustic or amplified music performances, trivia nights, comedy acts, and magic shows are comparable in scale and impact to the karaoke and piano performances already approved under CUP 00-15. All entertainment will occur indoors and utilize a fixed sound system monitored by the business to maintain appropriate volume levels. To further reduce potential noise impacts, acoustic panels will be installed within the premises, doors will remain closed during entertainment hours, and a licensed security guard will be present during all business hours to manage patron behavior and discourage loitering. No increase in occupancy or expansion of the physical space is proposed. The existing condition limiting occupancy to no more than 50 patrons at any given time will remain in effect. These safeguards will ensure that the entertainment remains small-scale and manageable. The Arcadia Police and Fire Departments have reviewed the application and expressed no concerns regarding public safety or operational impacts. In addition, conditions of approval have been incorporated to ensure continued compliance with noise mitigation and safety protocol. Therefore, the proposed amendment is not expected to adversely affect public convenience, health, safety, or welfare, nor will it result in a nuisance or cause harm to nearby properties or uses. ENVIRONMENTAL IMPACT 14 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 9 of 12 It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 5). PUBLIC COMMENTS/NOTICE July 9, 2025. It was also mailed to the property owners located within 300 feet of the subject property. As of July 18, 2025, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2171 approving Conditional Use Permit No. CUP 25-04, thereby amending Conditional Use Permit No. CUP 00-15 to allow additional live entertainment uses at an existing bar. These uses include comedy performances, trivia nights, live music, and magic acts. The project is Categorically Exempt under the California Environmental Quality Act (CEQA). The conditions and limitations of CUP 00-15 are outlined in both the resolution title and the staff report for Resolution No. 1621. As such, new conditions of approval are required to memorialize both the previously approved CUP 00-15 and the proposed amendments under CUP 25-04. The amended CUP shall be subject to the following conditions of approval: 1. The use approved by Conditional Use Permit No. CUP 25-04 shall be limited to the operation of a bar with live entertainment, including karaoke, comedy performances, trivia nights, solo live music acts, and magic acts, within an existing 975 square foot commercial unit with seating for no more than 50 patrons. Business hours shall be limited to 12:00 p.m. to 2:00 a.m. daily, and live entertainment shall be limited to the hours of 7:00 p.m. to 12:00 a.m. daily. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 25-04, and shall be subject to periodic inspections. 2. All conditions of approval associated with Conditional Use Permit No. CUP 00-15 shall remain in full force and effect, except as specifically modified or superseded by the conditions of approval for CUP 25-04. 3. Alcoholic beverage service shall be limited to beer, wine, and distilled spirits (ABC Type 48 License). No sales, service, and on-site consumption of beer and wine is permitted outside of the interior walls of this unit. 4. All doors shall remain closed during business hours, except for necessary ingress and egress. Ambient noise generated by the business, including live entertainment, 15 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 10 of 12 shall comply with the maximum allowable decibel levels at the property line as specified in the Arcadia Municipal Code. The Applicant shall provide verification to or inspection reports, demonstrating that the acoustic panels have been properly installed before such uses begin. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the Property Owner/Applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Improvements to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 25-04 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 7. To the maximum extent permitted by law, the Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been 5-04 development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and 16 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 11 of 12 expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 8. Approval of CUP 25-04 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 25-04, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2171 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit No. CUP 25-04, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the July 22, 2025 hearing, please contact Senior Planner, Edwin Arreola, at 626-821-4334, or by email at earreola@ArcadiaCA.gov. Approved: 17 Resolution No. 2171 - CUP 25-04 (Amendment to CUP 00-15) 1037 S. Baldwin Avenue July 22, 2025 Page 12 of 12 Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2171 Attachment No. 2: Resolution No. 1621 Conditional Use Permit No. CUP 00-15 Attachment No. 3: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 4: Floor Plan and Site Plan Attachment No. 5: Preliminary Exemption Assessment 18 Attachment No. 1 Attachment No. 1 Resolution No. 2171 19 1 RESOLUTION NO. 2171 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 25-04, THEREBY AMENDING CONDITIONAL USE PERMIT NO. 00- 15, AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, TO ALLOW ADDITIONAL LIVE ENTERTAINMENT USES AND A CHANGE IN ENTERTAINMENT HOURS AT ASTRONAUT CITY BAR, LOCATED AT 1037 S. BALDWIN AVENUE WHEREAS, on May 23, 2025, an application for Conditional Use Permit No. CUP 25-04 was filed by the business owner, Teresa Lo (“Applicant”), requesting an amendment to Conditional Use Permit No. CUP 00-15 to allow additional live entertainment uses including comedy performances, trivia nights, live solo music acts, and magic acts in addition to karaoke, and to modify the approved live entertainment hours from 9:00 p.m.-2:00 a.m. to 7:00 p.m.-12:00 a.m., at an existing bar business located at 1037 S. Baldwin Avenue; and WHEREAS, on July 9, 2025, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and determined that the Project qualifies as a Class 1 (Existing Facilities) Categorical Exemption under Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on July 22, 2025, a duly noticed public hearing was held before the Planning Commission on said application, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: 20 2 SECTION 1. The factual data submitted by the Community Development Division in the staff report dated July 22, 2025 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and the applicant will be required to comply with all other applicable provisions of the Development Code and the Municipal Code. FACT: The proposed amendment to Conditional Use Permit CUP No. 00-15 would allow additional live entertainment uses including comedy performances, trivia nights, solo live music acts, and magic acts and would revise the permitted live entertainment hours to 7:00 p.m.-12:00 a.m., nightly. These changes are consistent with the intent of the site’s Commercial Land Use designation, which is intended to accommodate a wide range of complementary commercial uses, including entertainment uses that serve both neighborhood and citywide needs. The use of the site as a bar will remain unchanged under this amendment. The proposed entertainment uses are typical ancillary activities found in bars and are intended to enhance the business’s viability by attracting and retaining customers, which are consistent with the City’s economic development goals. The site is zoned General Commercial (C-G) and Arcadia Development Code Section 9102.03.020, Table 2-8, allows bars, lounges, taverns and other similar uses with live entertainment are conditionally permitted in this zone, subject to Planning 21 3 Commission approval. Therefore, the proposed amendment complies with the Arcadia Development Code and does not conflict with the comprehensive General Plan. The project is also consistent with the following General Plan policy: Economic Development Element Policy ED-1.10: Develop and implement effective business retention and business attraction programs designed to preserve and enhance Arcadia’s economic base. Include as part of the overall strategy collaboration with local businesses and other representatives and development and implementation of an Economic Development Strategic Marketing Plan. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The Applicant proposes to amend an existing Conditional Use Permit for a bar located on South Baldwin Avenue to allow additional live entertainment uses. The bar is an established use within an existing commercial tenant space, and no changes are proposed to the design, location, or size. The business will continue to operate within its current footprint, and the proposed entertainment including comedy performances, trivia nights, acoustic music, and magic acts will take place nightly from 7:00 p.m.-12:00 a.m., a reduction from the previously approved hours of 9:00 p.m.-2:00 a.m., as originally approved under CUP 00-15. The entertainment will utilize a fixed, monitored sound system, and the Applicant will implement sound measures, including installation of acoustic panels and maintaining closed doors during performances. A licensed security guard will be on-site during all operating hours to ensure patron safety and deter loitering outside the premises. 22 4 As the amendment does not involve any physical expansion or significant intensification of the use, and the proposed live entertainment is ancillary to the primary use as a bar, no adverse impacts on existing or future surrounding land uses are anticipated. Therefore, the proposed amendment is compatible with the character of the surrounding area and consistent with applicable zoning and land use goals. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking; FACT: The site is physically suitable to accommodate the proposed amendment allowing additional live entertainment uses. The 975 square-foot commercial tenant space currently operates as a bar with karaoke and piano performances on an existing stage. The new entertainment uses, including comedy, solo music acts, trivia nights, and magic acts will occur within the same interior space and seating layout. No changes are proposed to the unit’s design, location, or size. Although a change in live entertainment hours is proposed (from 9:00 p.m.-2:00 a.m. to 7:00 p.m.-12:00 a.m.), these hours remain within the bar’s previously approved business hours. The entertainment will occur entirely indoors, and no increase in customer capacity or floor area is proposed. As a result, the proposed amendment is not expected to generate additional parking or necessitate site improvements. The property has historically supported similar entertainment uses, and no physical modifications are needed to continue accommodating them. Therefore, the site remains physically suitable to accommodate the amended use. 23 5 b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located on the northwest corner of S. Baldwin Avenue and Arcadia Avenue. Both streets are adequate in width and pavement type to carry the traffic generated by the bar and emergency vehicles. Therefore, the Project will not affect the existing conditions of these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The Fire and Police Departments have reviewed the Project and determined that there will be no further impacts to public protection services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The Project will not require any new improvements. Therefore, the utilities and infrastructure will continue to adequately service the site. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed amendment does not alter the overall operation of the existing bar but allows for additional types of live entertainment. These new entertainment uses, including solo acoustic or amplified music performances, trivia nights, comedy acts, and magic shows are comparable in scale and impact to the karaoke and piano performances already approved under CUP No. 00-15. 24 6 All entertainment will occur indoors and utilize a fixed sound system monitored by the business to maintain appropriate volume levels. To further reduce potential noise impacts, acoustic panels will be installed within the premises, doors will remain closed during entertainment hours, and a licensed security guard will be present during all business hours to manage patron behavior and discourage loitering. No increase in occupancy or expansion of the physical space is proposed. The existing condition limiting occupancy to no more than 50 patrons at any given time will remain in effect. These safeguards will ensure that the entertainment remains small-scale and manageable. The Arcadia Police and Fire Departments have reviewed the application and expressed no concerns regarding public safety or operational impacts. In addition, conditions of approval have been incorporated to ensure continued compliance with noise mitigation and safety protocol. Therefore, the proposed amendment is not expected to adversely affect public convenience, health, safety, or welfare, nor will it result in a nuisance or cause harm to nearby properties or uses. SECTION 3. For the foregoing reasons, the Planning Commission hereby finds that the Project is Categorically Exempt under the California Environmental Quality Act (CEQA) Section 15301, Class 1 (Existing Facilities), and approves Conditional Use Permit No. CUP 25-04, thereby amending Conditional Use Permit No. CUP 00-15, to allow additional live entertainment uses including comedy performances, trivia nights, live music, and magic acts in addition to existing karaoke, and to modify the approved live entertainment hours from 9:00 p.m.-2:00 a.m. to 7:00 p.m.-12:00 a.m., at an existing bar 25 7 business located at 1037 S. Baldwin Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 26 8 Passed, approved and adopted this 22nd day of July, 2025. ______________________ Marilynne Wilander Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney 27 9 Page Intentionally Left Blank 28 10 RESOLUTION NO. 2171 Conditions of Approval 1. The use approved by Conditional Use Permit No. CUP 25-04 shall be limited to the operation of a bar with live entertainment, including karaoke, comedy performances, trivia nights, solo live music acts, and magic acts, within an existing 975 square foot commercial unit with seating for no more than 50 patrons. Business hours shall be limited to 12:00 p.m. to 2:00 a.m. daily, and live entertainment shall be limited to the hours of 7:00 p.m. to 12:00 a.m. daily. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 25-04, and shall be subject to periodic inspections. 2. All conditions of approval associated with Conditional Use Permit No. CUP 00-15 shall remain in full force and effect, except as specifically modified or superseded by the conditions of approval for CUP 25-04. 3. Alcoholic beverage service shall be limited to beer, wine, and distilled spirits (ABC Type 48 License). No sales, service, and on-site consumption of beer and wine is permitted outside of the interior walls of this unit. 3. All doors shall remain closed during business hours, except for necessary ingress and egress. Ambient noise generated by the business, including live entertainment, shall comply with the maximum allowable decibel levels at the property line as specified in the Arcadia Municipal Code. The Applicant shall provide verification to the City’s Development Services Department, in the form of photographs, receipts, or inspection reports, demonstrating that the acoustic panels have been properly installed before such uses begin. 4. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the Property Owner/Applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Improvements to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 25-04 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 6. To the maximum extent permitted by law, the Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, 29 11 including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 25-04 on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 7. Approval of CUP 25-04 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. --- 30 Attachment No. 2 Attachment No. 2 Resolution No. 1621 Conditional Use Permit No. CUP 00-15 31 32 33 34 35 36 37 38 Attachment No. 3 Attachment No. 3 Aerial Photo and Zoning Information and Photos of the Subject Property 39 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1962 6,897 0 Property Owner Site Address:1035 S BALDWIN AVE Parcel Number: 5783-011-031 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A Yes N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 10-Jul-2025 Page 1 of 1 40 41 42 43 Attachment No. 4 Attachment No. 4 Floor Plan and Site Plan 44 45 46 Attachment No. 5 Attachment No. 5 Preliminary Exemption Assessment 47 Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Conditional Use Permit No. CUP 25-04, amending Conditional Use Permit No. 00-15, to allow additional live entertainment uses including comedy performances, trivia nights, live music, and magic acts at an existing bar business. 2.Project Location Identify street address and cross streets or attach a map showing project site topographical map identified by quadrangle name): 1037 S. Baldwin Avenue The business is located on the northwest corner of S. Baldwin Avenue and Arcadia Avenue. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Teresa Lo, Business Owner (2)Address 1037 S. Baldwin Avenue Arcadia, CA 91007 4.Staff Determination: accordance with the Lead Agency'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: 15301(a)Class 1 (Use of an existing facility) 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: July 9, 2025 Staff: Edwin Arreola, Senior Planner 48 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JULY 8, 2025 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Wilander called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Wilander, Vice Chair Tallerico, Arvizu, and Hui (arrived at 7:02 p.m.) ABSENT: Tsoi It was moved by Vice Chair Tallerico and seconded by Commissioner Arvizu to excuse Commissioner Tsoi from the meeting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2170 – Approving Planning Commission Administrative Modification No. PC AM 25-02 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a rebuild and height modification of an existing detached garage at 1320 Oak Meadow Road Recommendation: Adopt Resolution No. 2170 Applicant:Robert Friedman MOTION - PUBLIC HEARING Chair Wilander introduced the item, and Senior Planner Edwin Arreola presented the staff report. Vice Chair Tallerico asked for more details about the drainage issues the property owner faced with the previously approved design as stated in the presentation. Mr. Arreola deferred the question to the Applicant. Commissioner Arvizu asked if the Santa Anita Oaks Architectural Review Board (ARB) approved the design. Mr. Arreola confirmed the ARB approved the design. Commissioner Arvizu asked if any comments or letters were received during the noticing period in response to the proposal. Mr. Arreola stated no comments or letters were received. 49 2 7/8/2025 The public hearing was opened. Robert Friedman introduced himself and spoke on behalf of the Property Owner. Mr. Freidman explained that the previously approved design which involved lowering the floor of the garage to increase the interior ceiling height was prohibitively expensive to implement. Instead, it was decided that it was best to keep the existing floor level and instead increase the height of the garage. There were no speakers present. Vice Chair Tallerico made a motion to close the public hearing. Commissioner Arvizu seconded the motion. Without objection, the motion was approved. DISCUSSION Commissioner Arvizu had no concerns, especially as the ARB had approved the design. Vice Chair Tallerico did not have any problems with the project and that it was satisfactory. He added that the agenda packet was very informative and did not have further questions. Commissioner Hui found that the proposed garage was not out of character in the neighborhood and that there are a lot of trees on the property that provide screening. Chair Wilander concurred with the Commissioners and was in favor of the proposed garage. MOTION It was moved by Vice Chair Tallerico, seconded by Commissioner Arvizu to adopt Resolution No. 2170 approving Planning Commission Administrative Modification No. PC AM 25-02 with Categorical Exemption under the California Environmental Quality Act (CEQA) for a rebuild and height modification of an existing detached garage at 1320 Oak Meadow Road in which the findings were made. ROLL CALL AYES: Chair Wilander, Vice Chair Tallerico, Commissioner Arvizu, and Hui NOES: None ABSENT: Tsoi There is a ten (10) day appeal period. Appeals are to be filed by 4:30 p.m. on Friday, July 18, 2025. PUBLIC HEARING 2. Resolution No. 2169 – Approval of Conditional Use Permit No. 25-01 and Planning Commission Administrative Modification No. PC AM 25-03 to allow a tutoring center with a maximum of 29 students and 11 staff, with a parking modification at 20 E. Foothill Boulevard, Unit 108 50 3 7/8/2025 CEQA: Exempt Recommendation: Adopt Resolution No. 2169 Applicant: Umbrella Education Corporation MOTION - PUBLIC HEARING Chair Wilander introduced the item, and Senior Planner Melissa Chipres, presented the staff report. Commissioner Arvizu asked if it was common for the Applicant to conduct the parking study and not the City. Ms. Chipres said that the Applicant is better placed to provide the parking information as they’re on site more frequently than staff and can therefore prepare the required parking data. Vice Chair Tallerico confirmed that staff have seen parking studies like this before and therefore the data provided is reliable. The Planning Services Manager confirmed that in this instance, the Applicant had prepared the study in a reliable and defendable manner and that was common for applicants to conduct their own traffic analysis, depending on the scale and scope of the particular project. In this case, they also provided photos with time stamps to back up the data. Commissioner Hui asked what the size of the unit previously occupied by the applicant. Ms. Hui also asked how many students they were permitted to have. Ms. Chipres stated that the unit is 760 square feet and was permitted to have 12 students and 2 instructors. Commissioner Hui asked if there were any issues in the previous unit. Ms. Chipres confirmed that there were no issues reported. Commissioner Hui asked if the students get escorted to the restroom. Ms. Chipres confirmed yes, because the restrooms are outside of the unit and shared among all tenants. Ms. Hui asked if the teacher must stop her lesson to escort the student to the restroom. Chair Wilander pointed out that the staff report indicated that a teacher or staff member would be the person escorting the student to the restroom. She added that there was no distinction of grade level, and all students would be escorted. Commissioner Arvizu asked if it was a City or the State requirement. Ms. Graham said the City asks the Applicant to do this in circumstances where there is no in-unit restroom to ensure student safety and that tutoring centers do not require State licensing. 51 4 7/8/2025 Assistant City Attorney Kellen Martz added that it is not a State requirement, but a suggestion by staff to the Applicant and that it should not be a condition of approval. The public hearing was opened. Weidong Peng, the Applicant, introduced himself and responded to the questions from the Commissioners. He stated that there will be a front desk attendee available to accompany students to the restroom while teachers continue with instruction. Commissioner Arvizu asked if students of all ages and grade levels will be escorted to the bathroom. Mr. Peng stated that all students would be escorted to the bathroom facilities. There were no more speakers present. Vice Chair Tallerico made a motion to close the public hearing. Commissioner Arvizu seconded the motion. Without objection, the motion was approved. DISCUSSION Commissioner Arvizu congratulated the Applicant on a successful business. He expressed some concerns about the parking deficiency but that based on the parking study’s findings and personal experience there is always sufficient parking in the area. Commissioner Tallerico agreed with Commissioner Arvizu. He expressed no concerns about the restroom arrangement or the parking deficiency but noted that several recent applications have included parking modifications, which may indicate a need to review the City’s parking standards. He congratulated the Applicant on expanding his business. Commissioner Hui concurred with the Commissioners and stated she had no concerns with the proposal. Chair Wilander agreed with the Commissioners and had no concerns. MOTION It was moved by Vice Chair Tallerico, seconded by Commissioner Hui to adopt Resolution No. 2169, approving Conditional Use Permit No. CUP 25-01 and Planning Commission Administrative Modification No. PC AM 25-03 to allow a tutoring center with a maximum of 29 students and 11 staff, with a parking modification at 20 E. Foothill Boulevard, Unit 108 in which the findings were made and is CEQA exempt. ROLL CALL AYES: Chair Wilander, Vice Chair Tallerico, Commissioners Arvizu, and Hui NOES: None ABSENT: Tsoi 52 5 7/8/2025 There is a ten (10) day appeal period. Appeals are to be filed by 4:30 p.m. on Friday, July 18, 2025. CONSENT CALENDAR 1. Minutes of the June 10, 2025, Regular Meeting of the Planning Commission Recommendation: Approve Chair Wilander suggested an amendment to the minutes on page 5 to state “construction workers be encouraged to park elsewhere on trash days” rather than construction be delayed on trash days. Commissioner Arvizu motioned to approve the amended minutes and seconded by Vice Chair Tallerico. ROLL CALL AYES: Chair Wilander, Vice Chair Tallerico, Commissioners Arvizu, and Hui NOES: None ABSENT: Tsoi The motion was approved. MATTERS FROM CITY COUNCIL LIAISON City Council Member Wang was not present. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Arvizu said he would like to see In-N-Out’s parking plan because he believed they are not following it. Ms. Graham said that the applicable documents could be sent via email. Chair Wilander asked if that can be emailed to all Commissioners. Ms. Graham confirmed sending an email to all Commissioners would be possible, subject to ensuring compliance with the Brown Act. Mr. Martz confirmed that any email could be sent blind carbon copy and that Commissioners should not discuss anything in the email with each other so as to not violate the Brown Act. Commissioner Hui informed the Commission about a recent criminal incident that occurred in the City and asked if the Planning Commission can discuss safety and public concerns? Ms. Graham stated that it was not within the Planning Commission’s purview, and the matter would be discussed and dealt with by the Police Department and City Council. 53 6 7/8/2025 Commissioner Hui extended an invitation to a Performing Arts Foundation gala dinner event on September 20, 2025, at 8:00 PM. Vice Chair Tallerico, referencing Commissioner Hui’s earlier question about public safety, said he would like to discuss other issues beyond what is on the agenda and in addition to land use. The discussions would be advisory in nature and would not impact staff time. He said he would present this idea at the public comment time at a City Council meeting; however, he would want a majority of the Planning Commissioners to be in support of the idea first. Mr. Martz said that the Planning Commission’s duties and responsibilities are clearly outlined in the Municipal Code, and they are limited to land use issues. He said it would be up to the City Council to grant the authority to expand their responsibilities. Chair Wilander stated that Commissioners may have an interest in other issues beyond land use, however, it is not the Planning Commission’s responsibility. Commissioner Hui said she practices caution when speaking with concerned residents and during public comments at the City Council meetings but would like to know what the limits of her role on the Planning Commission are. Mr. Martz recommended that she advises residents to direct their questions and concerns to their City Council members or the Police Department. He also noted that Planning Commissioners had a First Amendment right to speak during public comments at City Council meetings, but that it should be made clear they were speaking as private individuals, not in their official capacity as Commissioners. Commissioner Arvizu said he would be in favor of discussing other topics and making recommendations to the City Council regarding safety. Vice Chair Tallerico stated that he is open to all subjects that the Commissioners would like to discuss. Mr. Martz said that it was too vague and would require redefining their responsibilities in the Municipal Code requiring further action by the City Council. Commissioner Arvizu confirmed that he would be in favor of discussing any topics that are within the scope of the Planning Commission duties as granted by the City Council. Vice Chair Tallerico asked whether a vote could be held to gauge the Planning Commissioners’ interest in speaking during public comments at a City Council meeting regarding the role and scope of the Commission. Mr. Martz stated no vote can be held because it is not on the agenda and it is up to staff to add it on the agenda. MATTERS FROM ASSISTANT CITY ATTORNEY There were none. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Graham reported that at the July 22 meeting there will be one item on the agenda for an amendment to a Conditional Use Permit to add additional entertainment uses at an existing bar on Baldwin Avenue. 54 7 7/8/2025 ADJOURNMENT The Planning Commission adjourned the meeting at 7:57 p.m., to Tuesday, July 22, 2025, at 7:00 p.m. in the City Council Chamber. Chair Wilander, Planning Commission ATTEST: Lisa L. Flores Secretary, Planning Commission 55