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HomeMy WebLinkAbout6364 ,. ~. -::. ~- -,' ~. -~ ... " 1 '! -. - - ~ RESOLUTION NO. 6364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING AN APPEAL OF THE EXCLUSION OF LUNCHTIME BUSINESS HOURS AS A CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT NO. CUP 2003-003 (PLANNING COMMISSION RESOLUTION NO. 1692) FOR A TWO-STORY, 4,400 SQUARE FOOT RESTAURANT WITH A DINING CA.PACITY OF 82 PEOPLE AT 1038 SOUTH BALDWIN AVENUE. WHEREAS, on April 28, 2003, Mr. Frank Yang submitted an appeal of the Planning Commission's exclusion of lunchtime business hours as a condition of approval (Section 3.2 of Planning Commission Resolution No. 1692) for a two- story, 4,400 square foot restaurant with a dining capacity of 82 people, and with beer and wine service with meals; Development Services Department Case No. CUP 2003-003 at 1038 South Baldwin A venue, more particularly described in the attached Exhibit "A"' and , WHEREAS, on June 3, 2003 the City Council held a public hearing on the appeal and the Draft Negative Declaration; and WHEREAS, as a part of the record of this hearing, the City Council reviewed and considered the following: I. The staff report and related attachments submitted by the Development Services Department to the City Council, including the Initial Study and Draft Negative Declaration; and 2. Planning Commission Resolution No. 1692 and the record of the Planning Commission's April 22, 2003 public hearing regarding Conditional Use Permit Application No. CUP 2003-003, along with all letters, information and material presented as part of the public testimony at that public hearing; and -1- 6364 ~ . r ' . Y'. .. .. . ,-. ,.- ,. . . . - T 3. All letters, information and material presented as part of the public testimony at the City Council public hearing of June 3, 2003 and all oral presentations at that public hearing; and WHEREAS, at the conclusion of the public hearing the City Council reviewed the record of the proceeding, discussed and deliberated the matter, denied the appeal, added a condition of approval to prohibit the restaurant from being used as a "food factory," adopted the Negative Declaration, and directed staff to prepare this resolution to reflect the Council's findings and decisions; 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, CALIFORNlA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report dated June 3, 2003 is true and correct. SECTION 2. That the appeal should be denied because the site for the proposed restaurant is not adequate in size and shape to acconunodate said restaurant with lunchtime business hours, and all of the parking required to adjust said restaurant with lunchtime business hours with the land and uses in the neighborhood. SECTION 3. That the subject property is designated for commercial use in the General Plan and that the subject property is zoned for general conunercial uses, and that the proposed use is consistent with those designations, except for the preparing of large batches of certain dishes for delivery to the applicant's other restaurant(s) and therefore, the proposed restaurant is to be prohibited from being -2- 6364 ;< ..- - ,. r ,.. I' " ,.- .... .. . .. - ,.. used as a "food factory". The City Council hereby Imposes the following additional condition of approval: "14. The restaurant is not to be a "food factory" at which food is pre- prepared for delivery to other restaurants." SECTION 4. That the evaluation of the environmental impacts as set forth in the Initial Study is appropriate; that the project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970, and, when considering the project as a whole, there was no evidence before the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and that, therefore, the City Council adopts the Negative Declaration. SECTION 5. That for the foregoing reasons the City Council denies the appeal of the Planning Commission's exclusion of lunchtime business hours as a condition of approval (Section 3.2 of Planning Commission Resolution No. 1692) for a two-story, 4,400 square foot restaurant with a dining capacity of 82 people, and with beer and wine service with meals at 1038 South Baldwin Avenue. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] -3- 6364 " -<,- : !,- -.- .- ," 'J - ..- ... ~. .- . Passed, approved and adopted this 17th day of June ,2003. ATTEST: ,Jw Ci f Arcadia APPROVED AS TO FORM: ~p.~ Stephen P. Deitsch City Attorney -4- 6364 .- / ..,' .- ~ . ~ .......... .. . - . Legal Description -1038 South Baldwin Avenue Lot 38, of Tract No. 3430, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 42, Page(s) 32 of Maps, in the Office of the County Recorder of Said County. Except the westerly 15 feet, measured at right angles to the westerly line of said Lot, as granted to the City of Arcadia by deed recorded August 6, 1954, in Book 45261, Page 384, Official Records, for Street and Highway purposes. Also except therefrom the northerly 30 feet, measured at right angles to the northerly lot line of Lot 38, of Tract 3430, as per map recorded in Book 42, Page 32 of Maps, in the Office of the County Recorder of Said County. Also except the westerly 15 feet, as measured at right angles to the westerly lot line of said Lot 38, as granted to the City of Arcadia, by deed recorded January 6, 1961, as Instrument No, 3341. EXHIBIT 'A' -5- 6364 'I' -'. ., ~ .".. r ,.. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6364 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 17th day of June 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Kovacic, Marshall, Segal, Wuo and Chang NOES: None ABSENT: None CL CiY-ererk of the Ci -.<Q , f Arcadia 6 6364