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HomeMy WebLinkAbout5967 RESOLUTION 5967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AN APPEAL OF THE PLANNING COMMISSIONS TIE VOTE OF CONDITIONAL USE PERMIT APPLICATION NO. CUP 96-010 FOR AN EATING ESTABLISHMENT WITH SEATING FOR 50 PERSONS AT 1 WEST DUARTE ROAD. WHEREAS, the proceedings that are the subject of this Resolution are authorized by Arcadia Municipal Code Sections 9275.1 and 9275.2. et seq. (Conditional Use Procedures); and WHEREAS, on October 28, 1996, an appeal was filed by John Toth on behalf of Inland Empire Mexican Foods, Inc., of the Arcadia City Planning Commission's tie vote of Conditional Use Permit Application No. CUP 96-010 for an eating establishment with seating for 50 persons at 1 West Duarte Road, and more particularly described in the attached Exhibit "A". WHEREAS, the appeal to the City Council was preceded by a noticed public hearing before the City Planning Commission on October 22, 1996; and WHEREAS, on November 19, 1996 the City Council held a public hearing to consider the appeal, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, as part of the record, the City Council reviewed and considered the following: a. The written appeal submitted by John Toth, the appellant; b. The minutes of the October 22, 1996 Arcadia City Planning Commission meeting; c. Traffic survey, submitted by the appellant; d. Memorandums from the Arcadia Building, Fire and Engineering Departments, dated October 3, 4, and 16, 1996 and submitted as part of the staff report; e. Plans of the proposed project; and f. Verbal testimony from the appellant, those in favor of the appeal and the applicant. WHEREAS, pursuant to Arcadia Municipal Code Section 9275.2.11, the City Council may reverse the decision of the Planning Commission. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia approves the appeal and pursuant to Arcadia Municipal Code Section 9275.1.2(1) finds that the granting of the conditional use permit will not be detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity because: 1. It was determined that the eating establishment will not conflict with the other uses in the retail center. The peak hours of operation are different than the other uses in the retail center. 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. 3. That the site for the proposed eating establishment is adequate in size and shape to accommodate said use. All existing yards, spaces, walls, fences, parking, loading, landscaping, and other features are adequate to adjust said use with the land and uses in the neighborhood. 4. The City Council reviewed the traffic report submitted by the applicant which analyzed traffic, parking and circulation for the proposed project. It was determined that the intersection of Duarte Road and Santa Anita Avenue, which currently operates at a level of service "C", is adequate to accommodate the proposed eating establishment. Furthermore, with the proposed City's improvements to the signaling, there will be no negative impact to the intersection and surrounding roadways. The applicant will be required, as set forth in this Resolution, to provide off-site employee parking at the adjacent business (dive shop to the west) in order to free up more parking on the site. In addition, the City Council agreed with the traffic report's findings that the existing on- site parking will be sufficient for the proposed use. 5. The subject site is designated as commercial on the General Plan. The proposed project is consistent with said designation and will not adversely affect the comprehensive General Plan. 2 5967 6. Subject to the conditions set forth in this Resolution, the use applied for will not have a substantial adverse impact on the environment. SECTION 2. The above decision is based and conditioned upon the applicant's compliance with the following conditions: 1. Building code compliance and conditions of approval must be met to the satisfaction of the Inspections Services Officer. 2. Fire safety shall be provided to the satisfaction of the Fire Department. 3 . Water service shall be provided to the satisfaction of the Water Department. 4. All work done within the public right of way shall be completed to the satisfaction of the Engineering Division. 5. Hours of operation shall be 10:00 a.m. to 10:00 p.m., everyday. 6. A modification be granted for 55 parking spaces in lieu of 116 spaces. This approval shall not constitute an approval for a general reduction in parking for the total site. That this parking modification shall be only for the use approved by CUP 96-010. 7. That "stop" signs shall be placed at exits along Santa Anita Avenue and Duarte Road. 8. Shall provide off-site parking for employees during normal business hours. 9. That the approval of CUP 96-010 shall exclude any outdoor dining. 10. That CUP 96-010 shall not take affect until the owner and applicant have executed an Acceptance Form indicating awareness and acceptance of the conditions of approval. 11. Noncompliance with the provisions and conditions of this conditional use permit shall constitute grounds for its immediate suspension or revocation. SECTION 3. The decision and findings contained in this Resolution reflect the Council's action of November 19, 1996 by the following vote: A YES: Councilmembers Chang, Harbicht, Kovacic, Y ou~g and Kuhn NOES: None ABSENT: None 3 5967 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this third day of December of 1996. /L~ Mayor of the City of Arcadia /Pro Tern ATTEST: APPROVED AS TO FORM: ~~7f m~~ City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CiTY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5967 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 Ip ro Tern said Council held on the third day of December, of 1996 and that said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Kovacic, and Young None Councilmember Kuhn ~~~~ lty Clerk of the y of Arcadia 4 5967 _ . - - -,." -. - -- -- ---~I -- .-- -J -- --- . '"0---''' ....-.... v' ...........V.HUS, CI;:O pcr map recorded in Book 17, Page 25 of Maps, in the Office of the County Rccorder of said County described as follows: Parcell: Beginning at a point in the easterly line of said Lot 3, distant northerly thereon 219.97 feet from the southeasterly corner of said Lot; thence westerly at right angles to said easterly line, 140.00 feet; thence southerly along a line parallel with said easterly line 5.04 fect; thence westerly at right angles to said parallel line, 10.00 feet; thence northerly along a line parallel with said easterly line of Lot 3; a distance of 25.04 feet; thence easterly at right angles to said last mentioned parallel line, 150.00 feet to said easterly line of Lot 3; thence southerly along said easterly line, 20.00 fcetto Ihe point of beginning. Parcel 2: Beginning at a point on the easterly line of said Lot 3, distant northerly thereon 125.00 feet from the southeasterly corner of said Lot; thence westerly at right angles to said easterly line 140.00 feet; thence northerly along a line parallel w!th said easterly line, 94.97 feet; thence easterly at right angles to said last mentioned parallel line, 140.00 feet to said easterly line; thence southerly thereon 94.97 feet to the point of beginning. Parcel 3: That portion of Lot 3, Tract No. 950, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 17, Page 25 of Maps, in the Office of the County Recorder of said County described as follows: Beginning at a point in the southerly line of said Lot; distant southwesterly thereon 141.75 feet from the southeast corner of said Lot; thence north a distance of 237.11 feet more or less to a line extending west at right angles to the east line distant north thereon 214.93 feet from the southeast comer of said Lot; thence west along said last described line a distance of 40 fect to the west line of the easterly 180 feet of said Lot, measured along the north line thereof; thence south along said west line, a distance of 243.44 feet more or less to .the southerly line of said Lot; thence northeasterly along said southerly line a distance of 40.50 feet to the point of beginning. Excepting therclrom Ihal portion of said Lot described as follows: lleginning at a point in the southerly line of said Lot, distant southwesterly thereon, 141.75 feet from the southeast corner of said Lot; thence north a distance of 147.18 feet more or less to a line extending west at right angles to the east line of silid Lot, which passes through a point in said east line distant north thereon 125 feet from the southeast corner of said Lot; thence west along said last described line, a distance of 40 feet to the west line of the easterly 180 feet of said Lot; measured along the north line thereof; thence south along said west line, a distance of 153.51 feet more or less to the southerly line of said Lot; thence northeasterly along the southerly line a distance of 40.50 feet to the point of beginning. Parcel 4: A portion of Lot 3, Tract 950, as shown on Map recorded ill Book 17, Page 25 of Maps, in the Office of the County Recorder of said Cou"ty described as follows: lle!;i"ni"!; at the southeasterly cori\Cr of said Lot 3; thence northerly along thc westerly line of Santa Anita A,'ellUe a distance of 125 feet; thence at right angles westerly a distance of 100 feet, thence southerly and parallel with the westerly line of said Santa Anita Avcnue to the northerly line of Duarte Road, a dista;'ce of 140.86 feet; thence northeasterly along the northerly line of Duarte Road, a distance of 101.25 feet to the place of beginning. Except that portion of Lot 3, Tract No. 950 as per map recorded in Book 17, Page 25 of Maps, in the Office of the Counly Recorder of said Counly, described as follows: Begin"ing at the southeast comer of said Lot 3; thence southwesterly 101.25 feet along the southerly line of said' Lot; the"ce northerly 4.05 feet paralJel with the easterly line of said Lot to the true poi"t of beginning; thence. northeasterly 89.71 feet paralJel with said southerly lot line to the beginning of a tangent curve concave northwesterly and having a radius of 23.00 feet; thence northeasterly 12.73 feet along said curve to its intersection with the non-tangent easterly line of said Lot, said intersection being distant northerly 7.S1. feet from the southeasterly corner of said Lot; thence northerly 17.45 feet along said easterly lot line to the beginning of a tangent curve concave to the northwest and having a radius of 15.00 feet; thence sOlithwesterly 21.21 feet along said curve to a tangent line that is parallel with and 12.00 feet northerly of the southerly line of said Lot; thence southwesterly along said paralJelline 88.44 feet; thence southerly 8.10 feet parallel with the easterly line of said Lot to the true point of beginning. Exhibit "A"