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HomeMy WebLinkAbout1865RESOLUTION NO. 1865 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 12 -13 FOR A CATERING SERVICE AND COOKING SCHOOL WITH A MAXIMUM ATTENDANCE OF 10 STUDENTS AT ANY ONE TIME IN A 576 SQUARE -FOOT UNIT WITHIN AN EXISTING COMMERCIAL CENTER AT 14 E. DUARTE ROAD. WHEREAS, on July 12, 2012, an application was filed by Alex and Lisa Reyes for a catering service and cooking school with a maximum attendance of 10 students at any one time in a 576 square -foot unit within an existing commercial center at 14 E. Duarte Road, Development Services Department Case No. CUP 12 -13; and WHEREAS, a public hearing was held by the Planning Commission on September 25, 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 September 25, 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 cooking school will be consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the C -2, General Commercial Zones, a catering service is allowed by- right, and a cooking school is allowed with an approved Conditional Use Permit per Section 9275.1.55.1 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, the existing parking availability, and the ease of on -site circulation, the site is adequate for the proposed cooking school, and adjustments are not necessary. 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 cooking school will not increase the traffic that is expected at this location, which fronts on East Duarte Road. This street and the alley behind the center are adequate for the type of traffic that is to be generated by the cooking school. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed cooking school is a commercial and educational 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 -13 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) per Section 15303(c) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 12 -13 for a 576 square foot catering service and cooking school at 14 E. Duarte Road, subject to the following conditions: -2- 1865 1. There shall be no more than two (2) instructors and 10 students at any one time. 2. Business hours shall generally be from 9:00 a.m. to 9:00 p.m., daily, with classes scheduled to avoid parking and traffic congestion. The schedule of classes shall be subject to approval by the Development Services Director, or designee. 3. Students, instructors, and any employees of both the catering service and cooking school shall park, or be dropped -off and picked up in the on -site parking lot only. Drivers shall park their vehicles when picking -up and dropping -off students, instructors, or employees, and no queuing of vehicles shall occur in the parking lot. 4. The Best Management Practices (BMPs) required of restaurants shall be complied with by the catering service and cooking school to the satisfaction of the Public Works Services Director, or designee. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by all City, County, regional, State, and federal agencies having jurisdiction for compliance with any applicable regulations. 5. The use approved by CUP 12 -13 is limited to a catering service and cooking school, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 12 -13, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring businesses or properties. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental -3- 1865 regulation compliance, 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. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -13 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the catering service and cooking school. 8. 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. 9. Approval of CUP 12 -13 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an -4- 1865 Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 9th day of October, 2012. - -- ATTEST: ry, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Plann ng ommission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1865 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 9th day of October, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, Falzone, and Chiao NOES: None ABSENT: Commissioner Parrille ow ry of the Planning Commission