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HomeMy WebLinkAbout1871RESOLUTION NO. 1871 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 12 -16 TO AMEND AN EXISTING CONDITIONAL USE PERMIT (CUP 01 -028) TO APPROVE THE SERVING OF MEALS AND THE USE OF THE REAR OUTDOOR PATIO AREA AT THE EXISTING COFFEE SHOP AT 203 S. FIRST AVENUE. WHEREAS, on August 27, 2012, an application was filed by Ms. Helen Wang for the expansion of the existing 700 square -foot coffee shop to include meal service and the use of a 900 square -foot rear outdoor patio area at 203 S. First Avenue, Development Services Department Case No. CUP 12 -16; and WHEREAS, a public hearing was held by the Planning Commission on April 9, 2013, 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 April 9, 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 coffee house is consistent with the zoning and land use designation of the site and area, and with certain conditions 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 coffee house is allowed in the MU zones with an approved Conditional Use Permit per Section 9268.10 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. 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 expanded activity at the coffee house will not significantly increase traffic, and the surrounding streets are all adequate for more than the 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 coffee house 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 CUP 12 -16 for the expansion of the existing 700 square -foot coffee shop to include meal service and the use of a 900 square -foot rear outdoor patio area at 203 S. First Avenue, subject to the following conditions: 1. The business hours of the coffee house shall be limited to 6:30 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 6:30 p.m. on Saturday. 2. Food items served as meals shall be limited to salads, sandwiches, and wraps. -2- 1871 3. A trash and recyclables enclosure shall be provided in the rear parking lot area. The design, size, and location of the enclosure shall be approved by the Development Services Department. 4. The existing damaged driveway approach off of Bonita Street shall be repaired or replaced to the satisfaction of the City Engineer. 5. The use approved by CUP 12 -16 is limited to the coffee house, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -16. 6. 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the coffee house. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional 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 -3- 1871 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 officials, officers, employees, and agents in the defense of the matter. 9. Approval of CUP 12 -16 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 I44- day of ,. , 2013. ATTEST: Secretary APPROVED AS TO FORM: . ireAe-e Stephen P. Deitsch City Attorney Ch.' man,. ' - nrin•.Commission -4- 1871 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. 1871 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 14th day of May, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, Falzone, Parrille and Chiao NOES: None ABSENT: None Mary of the Planning Commission