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HomeMy WebLinkAbout1863RESOLUTION NO. 1863 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 12 -08 WITH AANINEXISTMODIFICATION SQUARE- SQUARE-FOOT SEAFOOD RESTAURANT IN COMMERCIAL UNIT AT 1271 S. BALDWIN AVENUE WHEREAS, on April 9, 2012, an application was filed by the Architect, Mr. Twen Ma on behalf of the property owner Baldwin Arcadia, LLC for a new seafood restaurant in an existing 15,000 square -foot commercial unit at 1271 S. Baldwin Avenue; 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. A restaurant is 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 restaurant 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 on- site circulation, the site is adequate for the proposed restaurant. 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 increase the traffic that is expected at this location, which fronts on Baldwin Avenue. This street and the other streets around this center (Naomi Avenue, Duarte Road, and Golden West Avenue) are adequate for the type of traffic that is to be generated by this use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 12 -08 with a parking modification, subject to the following conditions: 1. Business hours shall be from 11:00 a.m. to 11:00 p.m., daily. 2. No live music or entertainment is approved under this Conditional Use Permit, and any live music, entertainment, karaoke, etc. shall require a separate Conditional Use Permit. -2- 1863 3. The approximately 350 square -foot bar area with ten (10) bar stools shall not be expanded, and there shall not be a lounge area. 4. Any rooftop equipment must be screened properly to the satisfaction of the Development Services Director, or designee. 5. This approval of CUP 12 -08 includes a parking modification for the center of 1,139 spaces in lieu of 1,865 spaces required. 6. Signs shall be placed on the premises informing and directing people to the upper level parking area of the parking structure. The locations, design, and copy of the signs shall be subject to approval by the City Engineer or designee, and shall be installed prior to the opening of the restaurant. 7. The Best Management Practices (BMPs) required of restaurants shall be complied with to the satisfaction of the Public Works Services Director, or designee. Any changes to the facility may be subject to permits and 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 and all applicable regulations. 8. The glass entry doors that front Baldwin Avenue shall remain open during business hours and each door must have a handle on both sides. And, no window coverings shall be allowed on the windows that face Baldwin Avenue and the westerly parking lot area. 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the -3- 1863 satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the facility may be subject to permits and having fully detailed plans submitted for plan check review and approval. 10. The use approved by CUP 12 -08 is limited to a restaurant, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 12 -08, 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. 11. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -08 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 12. 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 -4- 1863 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. 13. Approval of CUP 12 -08 shall not be of effect unless the property owner(s), applicant(s), and /or 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 9 day of October, 2012. Chairman, Plan ing Commission ATTEST: APPROVED AS TO FORM: P. 7e,d4i.ce Stephen P. Deitsch City Attorney 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. 1863 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 awry of the Planning Commission