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HomeMy WebLinkAboutItem 4RESOLUTION NO. 1858 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 12 -09 TO EXPAND THE EXISTING BAKERY, CHIFFON DE PASTRY ART, INTO AN ADJACENT 1,200 SQUARE -FOOT VACANT UNIT WITHIN AN EXISTING 6,900 SQUARE -FOOT COMMERCIAL BUILDING AT 1010 S. BALDWIN AVENUE. THE EXPANDED RESTAURANT /BAKERY WILL BE 2,300 SQUARE FEET WITH A DINING AREA FOR 12 PATRONS WHEREAS, on April 19, 2012, an application was filed by Vivien Cheng to expand the existing bakery into an adjacent 1,200 square -foot vacant unit within an existing 6,900 square -foot commercial building to establish a restaurant/bakery that will be 2,300 square -feet with a dining area for 12 patrons at 1010 S. Baldwin Avenue, Development Services Department Case No. CUP 12 -09; and WHEREAS, a public hearing was held by the Planning Commission on June 12, 2012, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated June 12, 2012 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed restaurant is consistent with the zoning and land use designation of the site and area, and will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A restaurant is allowed in the C -2 zones with an approved Conditional Use Permit per Section 9275.1.53.5 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Based on the proposal and the parking availability, this site is adequate for the proposed project and only minor adjustments are necessary; that is having the employees park at the rear of the property, and the adding of signage regarding the proper parking spaces to be used by the customers. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The proposed restaurant will not significantly increase traffic from the previous tutoring center use and the surrounding streets are all adequate for more than the projected type of traffic expected to be generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed restaurant/bakery is a commercial use that is consistent with the General Plan Land Use Designation of the site. 6. That the project approved under Conditional Use Permit No. CUP 12 -09 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) per Section 15303(c) of the CEQA Guidelines. -2- 1858 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 12 -09 for a 2,300 square foot restaurant/bakery at 1010 S. Baldwin Avenue, subject to the following conditions: 1. Employees of the subject restaurant/bakery shall use the parking area at the rear of the subject property. 2. Signs shall be posted inside the restaurant/bakery and outside of each entrance to the subject building that illustrates the parking spaces that belong to the subject property and reminds patrons to refrain from parking at the neighboring properties. The signs are to be approved by the Community Development Administrator. 3. There shall be a maximum of 12 seats. 4. Business hours are limited to 7:00 a.m. to 9:00 p.m. daily. 5. A roof shall be added to the existing trash enclosure. 6. The existing fire alarm system in the expansion area shall be completely removed prior to occupancy, and if necessary, replaced with a system that meets the requirements of the Fire Marshal. 7. The restroom in the newly proposed space must also be accessible to disabled persons. When the expansion is complete, one (1) restroom must be designated for men and one (1) must be designated for women. 8. The use approved by CUP 12 -09 is limited to the proposed restaurant/bakery, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -09. -3- 1858 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant/bakery. 11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 12. Approval of CUP 12 -09 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. -4- 1858 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 26th day of June, 2012. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: PI Stephen P. Deitsch, City Attorney