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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
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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
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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.
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Passed, approved and adopted this 17th day of June
,2003.
ATTEST:
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f Arcadia
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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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'
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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
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