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.
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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.
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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
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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)
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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
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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