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HomeMy WebLinkAbout1853RESOLUTION NO. 1853 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 12 -03 FOR A RESTAURANT WITH ALCOHOLIC BEVERAGE SERVICE AND LIMITED LIVE ENTERTAINMENT AT THE EXISTING 2,700 SQUARE -FOOT COMMERCIAL SPACE AT 48 E. HUNTINGTON DRIVE. WHEREAS, on February 27, 2012, an application was filed by John Kirimis for a 2,700 square -foot restaurant with alcoholic beverage service and live entertainment at 48 E. Huntington Drive, Development Services Department Case No. CUP 12 -03; and WHEREAS, a public hearing was held by the Planning Commission on April 24, 2012, 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 24, 2012 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 proposed restaurant is consistent with the zoning and land use designation of the site and area, and with conditions of approval to limit the operations; it should not impact the neighborhood in the way the previous bar /restaurant use did. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A restaurant with alcoholic beverage service and live entertainment is allowed in the CBD zones with an approved Conditional Use Permit per Section 9264.2.9 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 proposed restaurant with alcoholic beverage service and live entertainment will not have a parking requirement that is greater than the previous use at this location. Additionally, the site is close to City -owned parking Tots and on- street parking is available along Huntington Drive and First Avenue. 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 site fronts Huntington Drive to the north and has access to a 20 -foot wide alley at the rear of the property. The site is between Santa Anita and First Avenues, and the alley and the three streets that provide access to the site are adequate for the type of traffic that is to be generated by a restaurant use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 12 -03 for a 2,700 square -foot restaurant with alcoholic beverage service and limited live entertainment at 48 E. Huntington Drive, subject to the following conditions: -2- 1853 1. The business shall be operated as a restaurant with alcoholic beverage service being incidental to the primary restaurant use. Full meal service shall be available during all operating hours. The main seating area shall be restricted to dining patrons who are seated by a server, and the seating arrangement shall be subject to City approval. The open bar seating shall be limited to the small, 9 -seat bar towards the rear of the unit. The maximum occupancy shall be determined by the Fire Marshal. 2. Operating hours shall be limited to 10 a.m. to 11 p.m., Sunday through Wednesday, and 10 a.m. to 12 Midnight, Thursday through Saturday. 3. D.J. music, jukeboxes, live bands, dancing, and all other forms of live entertainment shall be prohibited at this location; provided, however, that restaurant background music is allowed if it is pre- recorded and played through a sound system operated and controlled by the restaurant operator, or is performed by a soloist with a single, acoustic instrument and not accompanied by any vocals. Separate entertainment permit(s) and business license(s) shall be obtained for all live entertainers in accordance with the City's Business License standards. 4. A trash and recycling enclosure with a roof shall be installed at the rear of the building for both commercial units at this property. The location and design of the enclosure shall be subject to Planning Services approval. The enclosure shall not interfere with the existing on -site parking spaces or the handicap accessibility of either commercial unit. 5. This approval of CUP 12 -03 includes a parking modification for 8 spaces in lieu of 33 spaces required. This is not an approval of a general reduction of the parking -3- 1853 requirements for the subject commercial space, or the subject site, but only for the restaurant approved by this Conditional Use Permit. 6. Signs and notices showing the locations of public parking areas shall be prominently displayed near the front and back entrances and available within the restaurant. The notices shall also indicate that parking at neighboring properties is prohibited and violators are subject to towing. A draft of the notice shall be submitted to Planning Services for review and approval prior to the opening of the restaurant. 7. Employees of the restaurant shall refrain from parking in the on -site parking lot during business hours. 8. The use approved by CUP 12 -03 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 12 -03, 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. 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -03 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. -4- 1853 11. 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. 12. Approval of CUP 12 -03 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. [SIGNATURES ON NEXT PAGE] -5- 1853 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 24th day of April, 2012. Chairman, Planni g Commission ATTEST: S reta ry APPROVED AS TO FORM: Stephen P. Deitsch City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1853 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 8th day of May, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Beranek, Parrille and Chiao NOES: None ABSENT: Commissioner Baerg Secret -1�the Planning Commission