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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;
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,
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
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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.
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M or of t e City of Arcadia
ATTEST:
f-I-
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
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Stephen Deitsch
City Attorney
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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
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City Clerk of the City of Arcadia
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