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Home My WebLink About1887 RESOLUTION NO. 1887 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 13-08 WITH A PARKING MODIFICATION AND ARCHITECTURAL DESIGN REVIEW NO. ADR 13-35 WITH A CLASS 3 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,542 SQUARE FOOT SHABU SHABU RESTAURANT WITH SEATING FOR 43 CUSTOMERS AT THE ARCADIA HUB SHOPPING CENTER AT 815 W. NAOMI AVENUE, UNIT F WHEREAS, on August 19, 2013, a Conditional Use Permit application was filed by Mal Sun Im for a new 1,542 square foot shabu shabu restaurant with seating for 43 customers within the Arcadia Hub Shopping Center at 815 W. Naomi Avenue, Unit F, Development Services Department Case No. CUP 13-08; and WHEREAS, on September 27, 2013, an Architectural Design Review application was filed by Mal Sun Im for alterations to the exterior of a commercial unit in relation to the opening of a new restaurant at 815 W. Naomi Avenue, Unit F, Development Services Department Case No. ADR 13-35; and WHEREAS, a public hearing was held by the Planning Commission on November 12, 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 November 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. A restaurant is consistent with the Zoning and General Plan Land Use Designation 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. The streets around the subject center (Baldwin Avenue, 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. 6. That the project approved under Conditional Use Permit No. CUP 13-08 qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) per section 15303 of the CEQA Guidelines. -2- 1887 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 13-08 and Architectural Design Review No. ADR 13- 35 for a new 1,542 square foot shabu shabu restaurant with seating for 43 customers within the Arcadia Hub Commercial Center at 815 W. Naomi Avenue, Unit F, subject to the following conditions: 1. Business hours shall not exceed 11:30 a.m. to 9:00 p.m. daily. 2. This approval of CUP 13-08 and ADR 13-35 includes a parking modification for the center of 1,137 spaces in lieu of 1,963 spaces required. 3. The shopping center management company shall inform tenants that their employees must park in the designated areas. 4. The accessible parking spaces directly adjacent to the subject unit shall be upgraded to comply with the current accessibility standards to the satisfaction of the City's Building Official. 5. All cooking stations shall be provided with a Type-1 hood, and all hoods, ducts, and cooking stations shall be protected by automatic fire suppression systems to the satisfaction of the City's Fire Marshal. 6. The fire sprinkler system shall be modified as required by the City's Fire Marshal. 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. -3- 1887 8. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; 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. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 9. The use approved by CUP 13-08 and ADR 13-35 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 13-08 and ADR 13-35, 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. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 13-08 and ADR 13-35 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 11. 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 -4- 1887 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. 12. Approval of CUP 13-08 and ADR 13-35 shall not be of effect unless the property owner and applicant/business owner 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 12th day of November 2013. f,r) Chairman, Planning Commission ATTEST: Secrete.0 -Planning Commission APPROVED AS TO FORM: gip get„ Stephen P. Deitsch, City Attorney -5- 1887 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. 1887 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 12th day of November, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Falzone, Parrille and Beranek NOES: None ABSENT: Commissioner Chiao Sep ary of the Planning Commission