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HomeMy WebLinkAbout4847 RESOLUTION NO. 4847 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA GRANTING CONDITIONAL USE PERMIT 79-9 FOR EXPANSION OF A RESTAURANT AT 116 EAST LIVE OAK AVENUE. WHEREAS, on March 23, 1979, an application was filed by Steerburger, Inc. to expand an existing restaurant, Planning Department Case No. C.U.P. 79-9, on the property commonly known as 116 East Live Oak Avenue, hereinafter referred to as "Property" and more particularly described as follows: Lot 4 of Tract No. 13623, Map Book 278, Page 29 as recorded in the office of the Los Angeles County Recorder. WHEREAS, a public hearing was held before the Planning Commission on &~y 8, 1979, at which time all interested persons were given full opportunity to be heard and to present evidence, at which time said application was denied. WHEREAS, said application was appealed to the City Council of the City of Jlrcadia and a duly notified public hearing was held at which time all interested persons were given opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. That we hereby make the following findings of fact: A. That the factual data submitted by the Planning Department in its May 8, 1979 report and attachments thereto, are hereby found to be true and correct and are by this reference incorporated herein as though fully set forth. B. Tha t with the imposition of the condi tionl3 of approval contained herein, that: -1- 4847 " (1) The granting of a Conditional Use Permit as herein 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 is authorized. (3) The site for the proposed use is adequate in size and shape to accommodate said use, including 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) 'I'he granting of such Conditional Use Permit will not adversely affect the General Plan. (6) The granting of such Conditional Use Permit will not have a significant effect on the environment. SECTION 2. That the City Council, based on the foregoing findings of fact, grants Conditional Use Permit 79-9 upon the following con- ditions: A. That this Conditional Use Permit shall not take effect until: (1) The owner of Property and permit applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval; and (2) Not until the Uniform Building, Fire and Plumbing Code requirements pertaining to public safety have been complied with; and -2- 4847 (3) Not until a trash enclosure is provided to the satis- faction of the Planning Department; and (4) Not until eighteen 7 foot parking spaces are provided and that a modification is hereby granted for such purpose in lieu of the thirty 9 foot spaces required, which modification shall terminate three years from the date of this resolution. B. That within three years from the date of this resolution modification 79-9 shall terminate (unless sooner terminated) unless: (1) The parking lot has been restriped and wheel stops are provided to the satisfaction of the Planning Department; and (2) All mechanical equipment has been screened from view; and (3) That eleven standard parking spaces have been provided in compliance with the Arcadia Municipal Code and a modification is hereby granted for such purpose in lieu of the thirty spaces required; and (4) A five foot landscaped buffer is provided along the east or west side of the parking lot to the satisfaction of the Planning Department. C. That modification 79-9 may be revoked or modified by this City Council with or without cause at any time. D. That this modification shall be reviewed by the City Council approximately three years from the date of this resolution. SECTION 3. ~~he City Clerk shall certify to the adoption of this resolution, I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on -3- 4847 the 17th day of July, 1979 , by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Gilb, Parry, Pellegrino and Margett NOES: None ABSENT: Councilman Saelid ~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 17th day of July, 1979. ATTEST: City Clerk ~~ Y<1- -4- 4847