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HomeMy WebLinkAbout1837RESOLUTION NO. 1837 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -07 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -01 TO ALLOW A 5,448 SQUARE -FOOT, TWO -STORY ADDITION TO AN EXISTING 6,458 SQUARE -FOOT RESTAURANT AT 233 E. HUNTINGTON DRIVE. WHEREAS, on January 11, 2010, an application was filed by Mr. Frank Saccoman for design review of a proposed 5,448 square -foot, two -story addition to an existing 6,458 square - foot, restaurant; and WHEREAS, on May 3, 2011, an application was filed by the Derby Restaurant Arcadia, Inc. for a Conditional Use Permit for a 5,448 square -foot, two -story addition to an existing 6,458 square -foot restaurant; Development Services Department Case Nos. ADR 10 -01 and CUP 11- 07 at 233 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on May 24, 2011, 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 May 24, 2011 are 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. The existing restaurant and addition are consistent with the zoning and land use designation of the site and area, and will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A restaurant is allowed in the CPD -1 zones with an approved Conditional Use Permit per Section 9275.1.53.5 of the Arcadia Municipal Code. 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. The existing restaurant and addition are well situated on the site. With valet - parking service, the 89 -space parking lot and additional valet- stacking capacity are sufficient to accommodate the parking demand of the expanded restaurant. 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. The property is served by Huntington Drive, which is a primary arterial roadway that is adequate to serve the expanded restaurant. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. 6. That the project is in an area where all public services and facilities are available to allow for maximum development, and the area is not environmentally sensitive; therefore, the project, as an addition of less than 10,000 square feet qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(2) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -07 and Architectural Design Review No. ADR 10 -01 for a 5,448 square - foot, two -story addition to an existing 6,458 square -foot restaurant at 233 E. Huntington Drive, subject to the following conditions: 1. The second -story shall not be used for dining or other customer service purposes. -2- 1837 hours. 2. The restaurant shall have on -site valet - parking service available during all operating 3. This approval of CUP 11 -07 and ADR 10 -01 includes a parking modification for 89 spaces in lieu of 179 spaces required, including the 4 tandem spaces and the ability to accommodate at least 25 additional vehicles by valet- stacking. This is not an approval of a general reduction of the parking requirements for the subject building, or the subject site. 4. The use approved by CUP 11 -07 and ADR 10 -01 is limited to this restaurant, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -07 and ADR 10 -01, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets and /or neighboring businesses or properties observed during these inspections. 5. In accordance with the Los Angeles County Department of Public Works Standard Urban Storm Water Mitigation Plan (SUSMP) requirements, a SUSMP report, calculations and all proposed Best Management Practices (BMPs) are required to be submitted, reviewed, and approved by the City Engineer prior to issuance of building permits. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and site access shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -07 and ADR 10 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 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 -3- 1837 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 11 -07 and ADR 10 -01 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 10. Separate entertainment permit(s) and business license(s) shall be obtained for any entertainers and entertainment that may be provided by the restaurant, in accordance with the City's Business License standards. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this oN day of /1 y , 2011. ATT Secret, , P - nning Commission APj'ROVED AS TO FORM: A Stephen P. Deitsch, City Attorney -4- ing Commission 1837 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1837 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 24th day of May, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, and Parrille NOES: Commissioner Chiao ABSENT: Commissioner Beranek Secret of 'the Planning Commission