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Home My WebLink AboutItem 2aRESOLUTION NO. 1870 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 12 -19 WITH A PARKING MODIFICATION FOR A NEW 1,339 SQUARE -FOOT, BREAKFAST AND SPECIALTY BEVERAGE RESTAURANT WITH SEATING FOR 30 CUSTOMERS WITHIN AN EXISTING COMMERCIAL CENTER AT 713 W. DUARTE ROAD, UNIT A. WHEREAS, on October 3, 2012, an conditional use permit application with a parking modification was filed by Nick Wang for a new 1,339 square -foot, breakfast and specialty beverage restaurant with seating for 30 customers within an existing commercial center at 713 W. Duarte Road, Unit A; and WHEREAS, a public hearing was held by the Planning Commission on March 12, 2013, at which time all interested persons were given full opportunity to be heard and to present evidence. In absence of a majority vote, the Commission moved to continue this item to continue this item to the March 26, 2012 meeting when all Commissioners were expected to be present. 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 March 12, 2013 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 General Plan Land Use Designations of the site and with the recommended conditions 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 Zone, a restaurant is allowed 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 modified proposal, the on -site circulation and the projected parking availability with the recommended parking and seating measures in place, 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 significantly increase the traffic that is expected at this location, which fronts on West Duarte Road and is between South Baldwin Avenue and South Golden West Avenue. These streets 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. 6. That the project approved under Conditional Use Permit No. CUP 12 -19 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) per section 15303 of the CEQA Guidelines. -2- 1870 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 12 -19 for a new 1,339 square -foot, breakfast and specialty beverage restaurant with seating for 30 customers within an existing commercial center at 713 W. Duarte Road, Unit A, subject to the following conditions: 1. Signs shall be placed at each access point and elsewhere as required to clearly state that this parking lot is only for the employees and customers of the subject property and the Post Office, and that violators will be towed and cited as applicable. The specific locations and language used on the signs shall be approved by the Community Development Administrator or designee. 2. A security guard shall be provided by the property owner during the business hours of the site's tenants for at least six months, subject to adjustment and extension if deemed necessary by the Community Development Administrator. The security guard's duties shall include enforcing the posted parking restrictions. 3. The parking spaces in front of Units F and G (spaces #11 — #14 on the attached site plan) and the spaces along the westerly edge of the parking lot (spaces #44 — #51) shall be designated for short-term parking (e.g., 20 minutes) subject to adjustments if deemed necessary by the Community Development Administrator. 4. Written notice shall be provided by the property owner to the adjacent businesses (excluding the post office) and property owners to inform them that their use of the parking lot must stop immediately. 5. Except for the bench seating along the west/left side of the proposed restaurant, the tables and chairs shall be portable /non -fixed so that the seating at tables -3- 1870 shall be reduced to a maximum of 12 from 10:00 a.m. to 6:00 p.m. on non -Post Office holiday weekdays. 6. The parking lot shall be re- striped to comply with current accessibility regulations and with the City of Arcadia Building and Zoning Codes. 7. This Conditional Use Permit includes a parking modification of 52 on -site parking spaces in lieu of a requirement of 68 parking spaces. The approval of this Conditional Use Permit and parking modification shall not constitute an approval of a general reduction in the parking requirement for the site, but shall only be for the restaurant use approved by this Conditional Use Permit. 8. The business hours for this restaurant shall be from 6:00 a.m. to 6:00 p.m., daily, and the maximum number of employees working at this restaurant at any one time shall not exceed five persons. 9. The restaurant shall be connected to the sewer system through the use of a grease interceptor, subject to the satisfaction of the Arcadia Public Works Department. 10. 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 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. 11. All of the signs for all of the businesses on the subject property that are not already in compliance with the Arcadia Municipal Code, shall be brought into compliance with the requirements of the Arcadia Municipal Code before the subject restaurant can open for business. -4- 1870 12. The use approved by CUP 12 -19 is limited to a restaurant that shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for application no. CUP 12 -19, 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. 13. 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 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. 14. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -19 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 15. 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 -5- 1870 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. 16. Approval of CUP 12 -19 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 9th day of April 2013. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -6- 1870