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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. -2- 1873 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. -3- 1873 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. -4- 1873 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. -5- 1873 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