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HomeMy WebLinkAbout6447 "0 ~" RESOLUTION NO. 6447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S DENIAL OF C.U.P. 04-005, A REQUEST TO CONVERT AN EXISTING TAKE-OUT ONLY FOOD ESTABLISHMENT (CELESTE'S KITCHEN) TO A RESTAURANT USE AT 136 LAS TUNAS DRIVE WHEREAS, on June 30, 2004 an appeal was filed by Oscar Sierra on behalf of Celeste's Kitchen appealing the Planning Commission's 5-0 vote to deny Conditional Use Permit 04-005 (Resolution 1700) requesting a conditional use permit to convert an existing take-out only food establishment to a restaurant use at 136 Las Tunas Drive, more particularly described as follows: The westerly 200 feet of the easterly 582.52 feet of Lot 68 of Santa Anita Colony, in the City of Arcadia, County of Los Angeles, State of California as per map recorded in Map Book 42, Page 87 in the Office of the County Recorder of said County. WHEREAS, a public hearing was held before the Planning Commission on June 8, 2004, to consider a request by the applicant to operate a restaurant at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 5-0 to deny the conditional use permit; and WHEREAS, on June 30, 2004, the applicant. appealed the Planning Commission's action; and WHEREAS, on August 10, 2004, the City ~ouncil held a public hearing on said appeal and after closing the public hearing, continued the matter for further deliberation until September 7,2004; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments and exhibits submitted by the Community Development Division of the Development Services Department to the City Council; 6447 , 2. The record of the Planning Commission hearing regarding C.U.P. 04-005; . 3. All information and material and documentation presented as part of the public testimony at the Planning Commission public hearing including the staff report, the environmental documents (including the Negative Declaration); and WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AS FOllOWS: Section 1. That the factual data submitted by the Community Development Division in the attached report is true and correct. Section 2. The City Council finds: 1. That the granting of this Conditional Use Permit would be detrimental to the public health and welfare and injurious to the property and improvements in such zone or vicinity because the existing parking facilities are inadequate and there is inadequate on-site parking for the proposed restaurant. 2. That the use applied for at the location indicated is a proper use for which a conditional use permit is authorized as established in the zoning ordinance. The existing take-out food establishment is a legal conforming use in that a "retail" establishment is permitted at this location; however, there is no on- site parking to accommodate the existing building and use thus making the site a legal non-conforming site. However, the conversion of the existing take-out food establishment to an eating establishment with seating for forty persons exacerbates the already substandard parking situation at this location. Based upon Arcadia Municipal Code requirements, a minimum of 17 parking spaces are required by code. The property owner has indicated a willingness to sign a covenant to allow the applicant use of eight (8) parking spaces during the evening hours and on weekends; however, this parking does not meet the necessary requirements for 17 spaces. On-street parking is available to all adjoining uses ~ 6447 and cannot be considered available for meeting code requirements for purposes of this application. 3. That the site for the proposed restaurant is not adequate in size and shape to accommodate the proposed restaurant use in that there is not sufficient on site parking per Section 9269.5 et seq. of the Arcadia Municipal Code. Section 3,., That for the foregoing reasons, the City Council denies the applicant's appeal and sustains the Planning Commission's denial of Conditional Use Permit 04-005. Section 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st of September ,2004. #~.~~ M or of t e City of Arcadia ATTEST: f-I- City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~~ Stephen Deitsch City Attorney 3 6447 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H, BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6447 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 2004 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None .</~~ ~ City Clerk of the City of Arcadia 4 6447