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HomeMy WebLinkAbout1916 RESOLUTION NO. 1916 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-10, THEREBY AMENDING CONDITIONAL USE PERMIT NO. CUP 12-20 WITH A CATERGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW BEER AND WINE SERVICE AT THE EXISTING RESTAURANT AT 1227 S. BALDWIN AVENUE WHEREAS, on July 2, 2014 an application was filed by Ms. Yvonne Lam to amend Conditional Use Permit No. CUP 12-20 to allow beer and wine service for a 7,260 square-foot restaurant at 1227 S. Baldwin Avenue, Development Services Department Case No. CUP 14-10; and WHEREAS, on September 20, 2014, Planning Services completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the project is exempt under CEQA per Section 15061(3) of the CEQA Guidelines (Review for Exemption) because the project has no potential to cause a significant effect on the environment, and because it is an existing facility with only interior alterations per CEQA Section 15301, Class 1; and WHEREAS, a public hearing was held by the Planning Commission on October 14, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated October 14, 2014 are true and correct. SECTION 2. This Commission finds, based upon the entire record: a. 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. FACT: The existing restaurant was approved by the Planning Commission in May of 2013. The service of beer and wine is typically provided at full-service restaurants, and is provided at two other restaurants in the subject center. The Arcadia Police Department has reviewed the proposal and has no objections to the request. The addition of beer and wine service will not be detrimental to the public health or welfare or injurious to the other properties in the area. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the project site is C-2, General Commercial. Arcadia Municipal Code Section 9275.1.53.5 authorizes restaurants to serve alcoholic beverages in the C-2 zone with an approved Conditional Use Permit. c. 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. FACT: The project site is located within the Arcadia Hub shopping center, and was found by the Planning Commission in May of 2013 to be appropriate for the subject restaurant. The amendment to add beer and wine service will not result in any impacts or require any adjustments to the site. As such, the site is adequate in size and shape to 2 accommodate the addition of beer and wine service at the existing restaurant, and no adjustments of the use are necessary. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located along Baldwin Avenue with access to the shopping center parking lot from Duarte Road and Naomi Avenue. These streets are adequate in width and pavement type to carry the traffic generated by the existing restaurant, and the addition of beer and wine service will not impact these streets. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: Approval of on-site beer and wine service for the existing restaurant use is consistent with the Commercial Land Use Designation of the site, and consistent with the current and envisioned character of the Baldwin Avenue/Duarte Road commercial district. The proposal will not adversely affect the comprehensive General Plan. f. Provided a project has no potential to cause a significant effect on the environment, it is eligible to be exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption). FACT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the Project has no potential to cause a significant effect on the environment and is exempt pursuant to Section 15301 of the CEQA Guidelines, Class 1, which exempts negligible operational changes to existing facilities. 3 SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, and approves Conditional Use Permit No. CUP 14-10, thereby amending Conditional Use Permit No. 12-20 to allow beer and wine service within the existing restaurant at 1227 S. Baldwin Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of October, 2014. Chairman, "'alining Commission ATTEST: L Se ,ary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 RESOLUTION NO. 1916 Conditions of Approval 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. On-site Beer and Wine Service is approved for this restaurant. No other alcoholic beverage service, live music, karaoke, or entertainment is approved under this Conditional Use Permit. 4. Approval of CUP 12-20 and ADR 13-10 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 the opening of either this restaurant, or the expanded Starbucks Coffee at 733 W. Naomi Avenue. 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 at the most eastern part after the restaurants located at 1227 and 1271 S. Baldwin Avenue are both open for business. This review will be to determine whether time-restricted parking spaces need to be enforced and/or expanded. The cost for this traffic review, as well as any expense incurred for new signage or time restrictions, shall be the responsibility of the owner of 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. 10. Approval of CUP 14-10 is limited to a restaurant with beer and wine service, which shall be operated and maintained in a manner that is consistent with the proposal 5 and plans submitted and approved for CUP 12-20 as amended by CUP 14-10, 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 14-10 and CUP 12-20 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. 13. Approval of CUP 14-10, thereby amending CUP 12-20 to allow wine and beer service within the existing restaurant shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6 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. 1916 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 14TH day of October, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chiao, Lin and Falzone NOES: None ABSENT: Commissioner Chan Secretary of the Planning Commission