HomeMy WebLinkAbout1873RESOLUTION NO. 1873
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 12 -20 WITH A PARKING MODIFICATION AND ARCHITECTURAL
DESIGN REVIEW NO. ADR 13 -10 FOR A NEW ASIAN FUSION
RESTAURANT IN AN EXISTING 7,260 SQUARE FOOT COMMERCIAL
UNIT, REMODEL OF THE EXTERIOR STOREFRONTS, AND A NEW
OUTDOOR DINING AREA THAT FRONTS BALDWIN AVENUE AT 1227
S. BALDWIN AVENUE.
WHEREAS, on November 7, 2012, the applications were filed by Yvonne Lam
on behalf of the property owner Baldwin Arcadia, LLC for a new Asian Fusion
restaurant in an existing 7,260 square foot commercial unit, remodel of the exterior
storefronts, and a new outdoor dining area that fronts Baldwin Avenue at 1227 S.
Baldwin Avenue; and
WHEREAS, an environmental assessment was conducted and it was
determined that the proposed project meets the categorical exemption criteria under
CEQA Article 19 Categorical Exemptions Section 15301 of the CEQA Guidelines for
existing facilities; and
WHEREAS, a public hearing was held by the Planning Commission on May 28,
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 May 28, 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. 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
Naomi Avenue. This street and the other streets around this center (Baldwin Avenue,
Duarte Road, and Golden West Avenue) are adequate for the type of traffic that is to
be generated by this use.
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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 -20 with a parking modification and Architectural
Design Review No. ADR 13 -10, subject to the following conditions:
1. Business hours shall be from 11:00 a.m. to 1:00 a.m. with operational
hours from 10:00 a.m. to 2:00 a.m., daily.
2. The glass entry doors that front Baldwin Avenue shall remain open during
business hours and each door must have a handle on both sides.
3. No live music, entertainment, or alcoholic beverage service is approved
under this Conditional Use Permit, and any live music, entertainment, karaoke,
alcoholic beverage service, etc. shall require a separate Conditional Use Permit.
4. This approval of CUP 12 -22 and ADR 13 -08 includes a parking
modification for the center of 1,137 spaces in lieu of 1,946 spaces required.
5. The shopping center management company shall place signs on the
premises informing and directing people to the lower and upper level parking area of
the parking structure, and to the employers to remind their employees to park in the
designated areas. The locations, design, and copy of the signs shall be subject to
approval by the City Engineer or designee, and installed prior to opening of the
restaurant.
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6. The management company should regularly post maps to remind their
tenants that their employees must be in the designated employee parking areas, as
new employees are hired may not be aware of this requirement.
7. A traffic consultant shall consult with the City Engineer or designee to
observe the parking situation in the lot facing the most eastern part after the
restaurants located at 1227 and 1271 S. Baldwin Avenue are both open for business.
This review period will be used to determine whether time - restricted parking spaces
should be enforced and /or expanded. The cost for this traffic review, as well as any
expense incurred for new signage, or time restrictions on grade, will be the
responsibility of the management company for the shopping center.
8. 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.
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
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.
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10. The use approved by CUP 12 -22 and ADR 13 -10 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 -22 and ADR 13 -10, 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 -22 and ADR 13 -10 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 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 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.
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13. Approval of CUP 12 -20 and ADR 13 -10 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 28th day of May, 2013.
ATTEST:
Secr
APPROVED AS TO FORM:
0. i-eAW,c,4
Stephen P. Deitsch
City Attorney
Chairman, Planning Commission
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. 1873 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 28th day of May,
2013, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Falzone, Parrille and Chiao
NOES: None
ABSENT: Commissioner Beranek
Secrecy of the Planning Commission