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HomeMy WebLinkAbout5284 RESOLUTION NO. 528-4 A RESOLUTION OF THE CITY mUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE PLANNING mMMISSION'S DHCISION GRANTING CONDITIONAL USE PERMIT 85-24 WITH mNDITIONS AND FINDINGS WHEREAS, on December 2-4, 1985, an application was filed by Carmelo Palazzolo to operate an eating establishmeftt, plaftftiftll Department Case No, C.U'p, 85-2-4 on property located at 328 Hast Foothill Boulevard, more particularly desaibed as Collow.: Lot 7, Block A, Tract 7723 in the City of Arcadia, CoUftty or Los Aftgeles, State of CallCorftia as per Map recorded in Map Book 93. Pagel 41 and 42 in the County Recorder's alTice, WHEREAS, a public hearing was held beCore the PJaftftiftll Commissioft on January 14, 1986; ud WHEREAS, after a public hearing the plaftfting Commission voted 6-0 with one member absent to approve Conditional Use Permit 85-24 ud adopted Plaftftiftg Com mission Resolution 1307 reflecting their decision; and WHEREAS, on February 3, 1986, the appliC8ftt, Carmelo Palazzolo appealed Condition 1 or PJaftftiftg Commission Resolution 1307, prohibiting the on-premise sale and consumption of beer and wine; and WHEREAS, on March 4, 1986 the City Council heard the appeal of Carmelo pala77nlo' and , WHEREAS, as part or the record of this hearing the City Council reviewed and considered: a, All staff reports ud related attachments ud elhibits submitted by the Plaftfting Department to the Planning Commission and City Council, -1- 5284 b, The record or the Plllftftif1g Commission hearing regarding C,U,P, 85-24, c. Written communications submitted by the Appellant. d, All oral presentations and testimony made during the public hearing on March 4, 1986, WHEREAS, after deliberation the City Council voted 5-0 to approve and Cite a Negative Declaration rinding that the project will not have a significant eO'eet on the environment and no substantial adverse impact and to deny the appeal of Condition I. of Resolution 1307 and sustain the PllIftftif1g Commission's decision and directed preparation or this Resolution to rormally reClect that decision and rindings, NOW, THBREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. This Council rinds: 1. That the granting of such Conditional Use Permit will not be detrimental to the pUblic health or welCare, or injurious to the property or improvements in such zone or vicinity, 2, That the use applied ror at the location indicated is properly one ror which a Conditional Use Permit is authorized. 3, Although the site is substandard in parking, it was the consensus or the Council that the addition of two tables with seating ror eight persons would not not significantly ina-ease the customer traffic to this site; however, the addition of the on-premise sale and consumption of beer and wine may encourage more people to stay on the premises, thereby, ina-easing the potential traffic to and rrom the site, The City Council determined that the sale and consumption of beer and wine on the premises should be prohibited. -2- 5284 4, That the site abuts streets and hiahways adequate in width and pavement type to carry the kind or traffic generated by an eating establishment. S, That the granting or such Conditional Use Permit will not adversely affect the comprehensiVe General Plan since the General Plan designation Cor this site is commercial and an eating establishment is consistent with the commercial desigtlation, 6, That the use applied Cor will not have a substantial adverse impact on the environment. SECTION 2, That Cor the Coregoing reasons this Council grants Conditional Use Permit 85-24 to operate an eating establishment upon the COllowing conditions: 1, That the on-premise sale and consumption or beer and wine shall be prohibited, 2, That Cire-safety shall be provided to the satisfaction or the Fire Department. 3, That the landscaped areas along Foothill Boulevard shall be weeded and maintained weed Cree, 4, That a plan Cor striping the parking area shall be submitted to the Plaftfting Department Cor its review and approval and no occupancy permit shall be issued until such time as the striping has been completed to the satisfaction or the plaftftiftg Department.S, That a trash enclosure shall be prOVided to the satisfaction or the Plaftftiftg Department. The location or the enclosure shall be reviewed and approved by the Plaftftiftg Department. 6, That seating shall be limited to a muimum or eight persons, -3- 5284 7. That a modification be granted for a minimum of four parking spaces in lieu or 28 spaces required, 8. That the garage shall be used for parking purposes only, No storage shall be allowed inside the garage, 9, That C.UP, 85-24 shall not take effect until the owner and applicant have executed a form available at the Planniflll Department indicating awarene~s and acceptance of the conditions or approval, 10, Noncompliance with the provisions and conditions or this Conditional Use permit shall constitute grounds for the immediate suspension or revocation or said Per mil. SECTION 3, The City Oerk shall certify to the adoption or this Resolution. Passed, approved and adopted this 18th day or March 1986. Udk/~-2~Q Mayor or the City or Arcadia ATTEST: ~4 aty Oerk or the City or Arcadia -4- 5284 ST ATE OF CALIFORNIA) OOUNTY OF LOS ANGELES) SS: CITY OF ARCADIA) I, CHRiSTINE V AN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5281 was passed and adopted by the City Coul1ci1 or the City or Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting or said Council on the 18th day or March , 1986 and that said Resolution was adopted by the following vote, to wit: AYES: Counci~rnen Gilb, Hannah, Lojeski, Young and Pellegrino NOES: None ABSENT: None I!L&1;Aa$ ~J City Clerk or the City of Arcadia -5- 5284