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HomeMy WebLinkAbout1913 RESOLUTION NO. 1913 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-03 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A RESTAURANT IN A 2,000 SQUARE FOOT COMMERCIAL SPACE WITHIN AN EXISTING 9,317 SQUARE FOOT MULTI-UNIT STRIP COMMERCIAL BUILDING AT 608-610 E. LIVE OAK AVENUE WHEREAS, on May 20, 2014 an application was filed by Mrs. Jacqueline DiPeppe for a Conditional Use Permit to operate a restaurant at 608-610 E. Live Oak Avenue, Development Services Department Case No. CUP 14-03; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under Article 19 of the California Environmental Quality Act (CEQA), Categorical Exemptions Section 15303 of the CEQA Guidelines; and WHEREAS, a public hearing was held by the Planning Commission on August 26, 2014, 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 August 26, 2014 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 if operated in conformance with the Arcadia Municipal Code, the applicable health codes, and the conditions of approval, will not be detrimental to the public health or welfare, 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 Zone, a restaurant is allowed with an approved Conditional Use Permit per Section 9275.1.43 of the Arcadia Municipal Code. One restaurant is already in business at the subject property and two others exist on the properties immediately to the north and west. 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 conditions of approval, the site is adequate for the proposed restaurant use. 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 traffic to be generated by the proposed restaurant will not adversely impact the traffic at the subject location. The streets around the subject property (E. Live Oak Avenue and Hempstead Avenue) are adequate for the type of traffic that is to be generated by the proposed use and the other existing uses. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The restaurant is a commercial use that is consistent with the General Plan Land Use Designation of the site. -2- 1913 6. That this approval of CUP 14-03 for a restaurant with beer and wine service that is relocating to the subject location due to the sale of the property at which it is currently located will serve a "public convenience and necessity" (as this term is used by the State Department of Alcoholic Beverage Control) to facilitate this relocation in accordance with the City's business retention policies, and will promote an appropriate restaurant use at the site. SECTION 3. That for the foregoing reasons this Commission approves Conditional Use Permit No. CUP 14-03, subject to the following conditions: 1. The applicant/property owner shall convert one standard parking space in the rear parking lot to a loading zone, shall add lighting to this parking lot, and shall have the restaurant employees park in the rear parking lot. The location and the design of the loading zone and lighting shall be approved by the Community Development Administrator or designee. 2. This approval of CUP 14-03 includes a parking Modification for the restaurant of 54 spaces in lieu of 73 spaces required. This is not an approval of a general reduction of the parking requirements for the subject property, but only for the restaurant that is approved by this Conditional Use Permit. 3. The existing handicap spaces in the parking lot(s) shall be upgraded by the applicant/property owner to meet current ADA requirements to the satisfaction of the City of Arcadia Building Official, or designee. 4. The business hours for the restaurant shall be limited to 10:00 a.m. to 10:00 p.m., Sunday through Thursday; and 10:00 a.m. to 11:00 p.m. on Friday and Saturday. 5. Live entertainment is only allowed on Friday and Saturday from 9:00 p.m. to 11:00 p.m. and on Sunday from 9:00 to 10:00 p.m. -3- 1913 6. The Best Management Practices (BMPs) required of restaurants shall be complied with by the applicant/property owner 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. 7. An additional interior door shall be installed between the proposed location for the live music and the rear door of the business to reduce the potential for noise impacts to the residential properties to the rear of the subject property. 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 14-03 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 14-03, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due -4- 1913 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 14-03 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 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 14-03 shall not be of effect unless the property owner and applicant have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. (SIGNATURES ON NEXT PAGE) -5- 1913 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 26th day of August, 2014. Chairman, P .nning Commission ATTEST: Secre,f* - APPROVED AS TO FORM: ai,,04,,,2 Stephen P. Deitsch City Attorney -6- 1913 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1913 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 26th day of August, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Lin and Falzone NOES: Commissioner Baerg ABSENT: Commissioner Chiao C Sea= -4 the Planning Commission