Loading...
HomeMy WebLinkAboutItem 2 - CUP 14-17DATE: January 27, 2015 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: RESOLUTION NO. 1932 – APPROVING CONDITIONAL USE PERMIT NO. CUP 14-17 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,200 SQUARE-FOOT TUTORING CENTER AT 23 LAS TUNAS DRIVE Recommendation: Adopt Resolution No. 1932 SUMMARY The applicant is requesting approval of Conditional Use Permit Application No. CUP 14- 17 for a 1,200 square-foot tutoring center at an existing 58,200 square-foot commercial building at 23 Las Tunas Drive – see the attached aerial photo, photos of the site, and proposed plans (Attachment Nos. 2 & 3). It is recommended that the Planning Commission approve CUP 14-17 and adopt the attached Resolution No. 1932 (Attachment No. 1) that incorporates a finding that this project qualifies as a Categorical Exemption under the California Environmental Quality Act (CEQA), and the requisite findings for approval of a Conditional Use Permit, and the conditions of approval as listed in this staff report. BACKGROUND The subject property is a five-acre site zoned MU, Mixed Use. It is developed with a 58,200 square-foot commercial shopping center. The major tenants are a Rite Aid drugstore, an O’Reilly Auto Parts store, and a Goodwill thrift store. There is also a vacant, 6,000 square-foot unit that was last occupied by a Sir George’s Restaurant, and in addition to the subject unit, there are seven other smaller units that include two businesses with Conditional Use Permits; a 2,400 square-foot restaurant (Resolution No. 1408 - Attachment No. 8) and a 1,500 square-foot tutoring center that is operated by the applicant as the Little Stanford Institute. Resolution No. 1648 and the staff report for CUP 01-18 for this tutoring center are included as Attachment No. 5. The surrounding properties consist of a church to the north of the site zoned R-2; an office building to the west zoned C-2; retail uses to the south across Las Tunas Drive/Live Oak Avenue zoned C-2; and a gas station to the east across Santa Anita Avenue zoned MU. In addition, a small retail property zoned MU abuts the subject site CUP 14-17 23 Las Tunas Drive January 27, 2015 Page 2 of 6 to the southeast at the intersection of Santa Anita Avenue and Live Oak Avenue. This property was formerly occupied by a Famima convenience store, but is now vacant. It has separate vehicular access and a separate parking lot that does not connect to the subject property. The subject property has 277 parking spaces, which is deficient by 81 parking spaces from the Code requirement of 358 spaces. An application at the subject property was last reviewed by the Planning Commission in August of 2001, when Conditional Use Permit No. CUP 01-18 was approved for the applicant’s 1,500 square-foot tutoring center. There was a parking deficiency at that time, and the staff report noted that there is ample available on-site parking for the tutoring center. CUP 01-18 was unanimously approved by the Planning Commission. PROPOSAL The applicant is proposing to open a 1,200 square-foot tutoring center. The subject commercial unit was previously occupied by an acupuncture clinic, and will be remodeled to have four, small classrooms, and one restroom. Instruction shall be limited to kindergarten through high school aged students. Attachment No. 3 shows the site plan for the property and the proposed floor plan, and the business plan and sample class schedule are included as Attachment No. 4. The maximum occupancy of the four classrooms is 24 people. Based on this occupancy limit, and the applicant’s statement that there will only be four staff members at any time, the parking requirement for this tutoring center is 11 spaces, based on the requirements of one parking space for each staff member, and one parking space for every three students. This is an increase in the required parking of four spaces compared to the previous acupuncture use. The applicant currently operates a 1,500 square-foot tutoring center at this property in the northeast corner unit of the shopping center. The applicant would continue to operate this tutoring center, along with the proposed tutoring center. The applicant states that the new tutoring center will primarily be for middle school and high school students, and the existing center for elementary school students. ANALYSIS Although the parking at this commercial center is currently deficient by Code, staff’s observations of this center indicate that the parking lot is very underutilized with an estimated 50% of the on-site parking available at any time. This is similar to the parking situation that existed in 2001 when the last CUP was approved by the Planning Commission for the applicant’s existing tutoring center. The current parking requirement for the commercial center is 358 spaces, which is the same parking requirement that existed in 2001. The proposed tutoring center would increase the parking requirement by four spaces to 362 spaces; a negligible increase given the long-standing underutilization of the parking at this center. There is adequate parking capacity to accommodate the proposed use. CUP 14-17 23 Las Tunas Drive January 27, 2015 Page 3 of 6 The applicant’s business plan indicates that pick-ups and drop-offs would occur at both the front and rear entry areas of the proposed tutoring center. After reviewing this with the applicant, it has been decided that pick-ups and drop-offs should only take place through the front entry. A condition of approval to this effect is included. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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. Facts to Support the Finding: As a commercial use, the proposed tutoring center is consistent with the zoning and land use designation of the site and area, and with conditions of approval, will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Facts to Support the Finding: In the MU, Mixed Use Zone, a tutoring center is allowed with an approved Conditional Use Permit per Section 9268.1 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. Facts to Support the Finding: The applicant will remodel an existing 1,200 square- foot, commercial unit. Based on the maximum occupancy limit of 24 people and the underutilization of the parking lot, the on-site parking lot is adequate to accommodate the proposed use and the existing other uses. 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. Facts to Support the Finding: The site is located along Las Tunas Drive and Santa Anita Avenue, both of which are multi-lane streets adequate in size and paving to carry the traffic expected to be generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. CUP 14-17 23 Las Tunas Drive January 27, 2015 Page 4 of 6 Facts to Support the Finding: A tutoring center is a commercial use consistent with the Mixed Use General Plan Land Use Designation of the site. The activities that will take place at a tutoring center are consistent with the allowable uses described in the General Plan. The proposed project, with the recommended conditions of approval, will satisfy each prerequisite condition, and 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, or their respective designees. Any changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, or designees. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility. See Attachment No. 6 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for CUP 14-17 were mailed on January 16, 2015 to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property – see Attachment No. 7 for the radius map. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. As of January 21, 2015, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 14-17, subject to the following conditions: 1. Tenant improvements to the interior of the commercial unit shall be consistent with the approved floor plan. 2. The tutoring center shall not operate between the hours of 9:00 p.m. and 8:00 a.m. 3. Instruction shall be limited to kindergarten through high school aged students. 4. All pick-up and drop-off of students shall occur in front of the subject unit. CUP 14-17 23 Las Tunas Drive January 27, 2015 Page 5 of 6 5. The property owner/applicant shall install a fully automatic and a manual fire alarm system prior to the issuance of a Certificate of Occupancy or a City Business License for the tutoring center. 6. The property owner/applicant shall remodel or replace the exit doors as needed so that each exit door is equipped with either lever or panic type hardware prior to the issuance of a Certificate of Occupancy or a City Business License for the tutoring center. 7. The property owner/applicant shall provide a Knox box adjacent to the front entry door prior to the issuance of a Certificate of Occupancy or a City Business License for the tutoring center. 8. The use approved by CUP 14-17 is limited to a tutoring center and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-17, 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 and properties. 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Any changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, or designees. 10. Noncompliance with the plans, provisions and conditions of approval for CUP 14-17 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 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 CUP 14-17 23 Las Tunas Drive January 27, 2015 Page 6 of 6 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 14-17 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant has 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. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 14-17 stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1932 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 14-17, stating the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 27, 2015, hearing, please contact Associate Planner, Tim Schwehr at (626) 574-5422, or tschwehr@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1932 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Business Plan & Sample Class Schedule Attachment No. 5: Resolution No. 1648 (CUP 01-18) Little Stanford Institute Attachment No. 6: Preliminary Exemption Assessment Attachment No. 7: 300-foot Radius Map Attachment No. 8: Resolution No. 1408 (CUP 89-04) A&J Restaurant Attachment No. 2 Attachment No.2 Aerial Photo with Zoning Information & Photos of Subject Property SUBJECT PROPERTY – VIEW FROM LAS TUNAS DRIVE SUBJECT PROPERTY – VIEW FROM SANTA ANITA AVENUE SUBJECT COMMERCIAL UNIT – ADJACENT TO GOODWILL STORE SUBJECT COMMERCIAL UNIT – FRONT ENTRANCE Attachment No. 3 Attachment No.3 Site Plan & Floor Plan Attachment No. 4 Attachment No.4 Business Plan & Sample Class Schedule Attachment No. 5 Attachment No.5 Resolution No. 1648 (CUP 01-018) e RESOLUTION 1648 ARESOLUTIONOFTHEPLANNINGCOMMISSIONOF THECITY OF ARCADIA, CALIFORNIA, GRANTINGCONDmONALUSEPERMITNO. CUP01-018TOOPERATEANEDUCATIONCENTER, LOCATED AT 2617 SANTA ANITAAVENUE WHEREAS, on July 2, 2001, aConditional UsePermitapplication wasfiled by KwaiWong tooperate aneducational center, Development Services Department Case No. C.U.P. 01-018, at propertycommonly known As2617S. SantaAnitaAvenue; and WHEREAS, Apublic hearing washeld on August 14,2001, atwhichtimeall interested persons were. given full opportunity tobeheardand to present evidence. NOWTHEREFORE, THEPLANNINGCOMMISSIONOFTHECITYOF ARCADIAHEREBYRESOLYESASFOLLOWS: SECTION1. Thatthefactualdatasubmittedby theDevelopment Services Department intheattached report is trueand correct. SECTION 2. ThisCommissionfinds: 1. Thatthegranting ofsuchConditionalUsePermitwill notbedetrimental to the public health orwelfare, or injurious tothe property or improvements insuch zoneor vicinity. 2. Thatthe use applied for atthelocationindicatedis a proper useforwhich a ConditionalUse Permit is authorized. 3. That thesite abutsstreetsand highwaysadequate in width and pavement type to carry thekindoftraffic generatedby the proposed use. 4. Thatthegranting ofsuch ConditionalUsePermitwill not adversely affectthe comprehensive GeneralPlan. 5. That the use applied forwill not have asubstantialadverse impact onthe environment, andthatbased upon therecord asawholethereis noevidence thatthe proposedproject willhave any potential for anadverseeffect onwildlife resourcesorthe habitat upon whichthewildlife depends. SECTION3. Thatforthe foregoing reasonsthisCommission grants. a ConditionalUse Permit to operate aneducational center, upon the following conditions: e e I. Thereshallbe no parking or stoppingalong the driveway aislefor picking- up/or dropping offofstudents. 2. Two "LoadingOnly" spaces shallbe provided inaddition to anyrequired van- accessible handicappedparking spacesubject tostaff'sreviewand approval. 3. Themaximumhumberofstudents atany onetime shall notexceedfifty (50). 4. AllCity coderequirements regardingaccessibility, fire protection, occupancy, andsafety shallbecomplied with tothe satisfactionof Building ServicesandtheFire Department. 5. Approval ofCUP01-018shall nottake effectuntilthe property owner and applicant haveexecutedandfiledthe Acceptance FormavailablefromtheDevelopment Services Department toindicate acceptance of the conditions of approval. 6. Allconditions of approval shallbe complied with prior tothe opening ofthe learning center. Noncompliance withtheplans, provisions andconditionsofCUP01- 018shallbegrounds forimmediate suspension or revocation of anyapprovals forthe education center. SECTION 4. The Secretary shall certify to the adoption of thisResolution and shall cause a copy tobeforwarded tothe City Councilofthe City ofArcadia. IHEREBYCERTIFYthatthe forgoing Resolution was adopted at a regular meeting ofthePlanning Commissionheld on August 14,2001, by thefollowing vote: AYES: CommissionerHuang,. Murphy, Olson, Kalemkiarian NOES: ABSENT: ABSTAIN: Chainhan, Planning Commission City ofArcadia e e e cretary, Planning Co City of Arcadia APPROVEDASTOFORM: R~ Steph nP. Deitsch, CItyAttorney STAFFREPORT DEVELOPMENTSER~CESDEPARTMENT August 14,2001 TO: ArcadiaCity Plannin.g Commission FROM: DonnaButler, CommunityDevelopment Administrator By: ThomasLi, AssistantPlanner SUBJECT: Conditional UsePermitNo. 01-018 SUMMARY ThisConditional UsePermit (C.U.P.) application was submitted by KwaiWong for a 1,500 sq. ft. educationcenterat2617S. SantaAnitaAvenue. The intentofthe learning center is to aid young studentstobecome academically successful in school. The Development Services Department is recommendingapproval of CUP01-018 and adoption of ResolutionNo. 1648that grants such permitsubject tothe conditions inthisstaff report. GENERALINFORMATION APPLICANT: KwaiWong (Tenant - HongKong Education Center) LOCATION: 2617 S. Santa AnitaAvenue REQUEST: A Conditional UsePermitfor an education center. SITEAREA: 215,186 sq.ft. (4.94 acres) FRONTAGES: 335Feet on SantaAnitaAvenue 642Feet onLasTunasAvenue EXISTINGLANDUSE & ZONING: Thesiteis developed with a 58,375 sq.ft. commercial shopping center; zoned C-2 e e SURROUNDING LAND USES & ZONING: North: Multiple-family residential; zonedR-2. South: Carwash andauto- repair center; zonedCoM. East: Chevron gas station; zonedC-1. West: Coco's Restaurant; zonedCoO. GENERAL PLANDESIGNATION: Thesiteis designated asCommercial. PROPOSALAND ANALYSIS The applicant is requesting aConditional UsePermitto operate a1,500 sq.ft. education centerat 2617S. Santa AnitaAvenue, as shown onthesubmittedsite plan. The leaming centerwill have up tofive (5) employees asteachers, with an approximate enrollmentof50 students. Afterschool programs willbeprovided during weekdays forchildrenfrom Kindergarten tofifth grade, andweekendclasses forall ages. Thehoursof operation willbe9am to7pm on weekdays and9am to4pm on weekends, withclass hoursof 3pm to 6pm and 9am-12pm, respectively. Alearning centeris a permitted useinthe C-2 zonewith an approved conditional use permit. The proposed 1,500 sq. ft. educationcenter requires one spaceper 35 sq. ft. of instructional area (800 sq. ft.). Base on thisrequirement, 23 spaces are required for theleaming center. Currently, thesitehas a parkingdeficiency of65 spaces, andwiththeadditionofthe proposed educationcenter the overallparking deficiency wouldbe81I.e., 277 on- site spacesprovided in lieu of 358requiredby code. Proposed MixofUses andCurrentParkinQRequirements Approx. CurrentTotal Size ParkingParkingParking TvoeofUsein sa. ft. Reauirement Allocated' DeficiencvNotes 1 - Retail 35,479 178169 9 2 - CoinLaundry I Cleaners 3,480 18171 3 - Travel Agency 1,1905 41 4 - Restaurant8,380844044 5 - Acupuncture 1,190 761MC99-042 6 - AdultHealthCenter 7;15643349 7 - Proposed School 1,50023 716CUP01-018 Totals58,375 3582IT81 (net parking deficiency) Based oneach use'sshareofthe278 on-site parking spaces available (I.e., 4.76 spacesper 1,000 st.) CUP01-018 August 14, 2001 Page 2 e e e The proposed education center, if approved, would accountfor16 spaces (20%) of anoverallsite deficiency of 81parking spaces. ANALYSIS Staffbelievesthatthe applicant's proposal, if approved, wouldnot impact thatnoted on- site parking sincethe majority ofthestudents arenotof a driving age. Also, staff havisitedthesite onseveraloccasions, attimeswhenstudents are anticipated tobe dropped-off or picked-up, andobservedthatthereis ample on- site parking spaces availableinthevicinity oftheproposed educational center. Theapplicant shallbe required to comply with allcoderequirements as determined necessaryby the Building Official, FireMarshall, and Community Development Administrator. CEQA Pursuanttothe prOVIsions oftheCaliforniaEnvironmental Quality Act, the Development Services Department has prepared an initial study forthe proposed project. Saidinitial study did notdisclose any substantial or potentially sljbstantial adversechange in any ofthephysical conditionswithinthe areaaffected by the projectincluding land, air, water, minerals, flora, fauna, ambientnoiseand objects of historical or aestheticsignificance. When considering the record asa whole, thereis noevidencethatthe proposedproject willhave anypotential foradverseeffect on wildlife resourcesorthe habitat upon whichthe' wildlife depends. Therefore, a Negative Declarationhas beenprepared for this project. RECOMMENDATION TheDevelopment Services Department recommends approval ofConditionalUse PermitNo. CUP01-018 subject to thefollowing conditions: 1. Thereshallbe no parking or stoppingalong thedriveway aislefor picking-up/or dropping offofstudents. 2. Two "LoadingOnly" spaces shallbe provided inaddition to anyrequired van- accessiblehandicapped parking space subject tostaff'sreview andapproval. 3. Themaximumnumberofstudentsat anyone time shallnot exceed fifty (50). 4. All City code requirementsregardingaccessibility, fire protection, occupancy, andsafety shallbe complied with to thesatisfactionof Building Servicesandthe FireDepartment. 5. Approval ofCUP 01-018shall nottakeeffectuntilthe property ownerand applicant haveexecutedandfiled theAcceptance Formavailablefromthe Development ServicesDepartment toindicate acceptance oftheconditionsof approval. CUP 01-018 August 14, 2001 Page 3 e e 6. Allconditionsof approval shallbe complied with prior tothe opening ofthe leaming center. Noncompliance withthe plans, provisions andconditions of CUP01-018 shallbe grounds forimmediatesuspension orrevocationof any approvals fortheeducationcenter. FINDINGS AND MOTIONS Approval The Planning Commissionshould moveto approve andfilethe Negative Declaration and adopt ResolutionNo. 1648: AResolutionofthe Planning Commissionofthe City ofArcadia, California, granting ConditionalUsePermit No. 01-018to operate an education center. Denial Ifthe Planning Commissionintends to deny this ConditionalUsePermitapplication, theCommissionshould state the reasonsfordenialanddirectstaff to prepare the appropriate resolution incorporating theCommission'sdecisionand specificfindings. If anyPlanning Commissioner, orotherinterested party has any questions or commentsregarding this matterprior tothe August 14, 2001 publichearing, please contactAssistantPlanner, ThomasLiat (626) 574-5447. J;?A ro edbY:. ~. 1 ~~ r7< z::s.____.. DonnaL. Butler J CommunityDevelopment Administrator Attachments: LandUseand ZoningMap Plans Negative Declaration & InitialStudy Resolution 1648 CUP01-018 August 14,2001 Page 4 Attachment No. 6 Attachment No.6 Preliminary Exemption Assessment CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 Preliminary Exemption Assessment\2011 FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 14-17 for a 1,200 square foot tutoring center 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 23 Las Tunas Dr., Arcadia, CA 91007 (cross streets: Santa Anita Avenue & El Monte Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Stanford Institute (2) Address 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: Section 15301 f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: December 30, 2014 Staff: Tim Schwehr, Associate Planner Attachment No. 7 Attachment No.7 300-foot Radius Map Attachment No. 8 Attachment No.8 Resolution No. 1408 (CUP 89-004) RESOLUTION1408 A RESOLUTION OF THEPLANNINGCOMMISSIONOF THE CITYOF ARCADIA, CALIFORNIA, GRANTINGCONDmONAL USEPERMIT89-004TO EXPANDANEATING ESTABLISHMENTAT 27 & 29WESTLASTUNAS DRIVE. WHEREAS, on April 6, 1989, an application was filedby EdmundandLai WanLiLowe toexpand an eating establishment, Planning Department CaseNo. c.u.P. 89-004, on propertycommonly known as 27 & 29WestLasTunasDrive, more particularly described asfollows: SEEEXHIBIT "A" WHEREAS, a publichearing washeld on May 9,1989, atwhich timeall interested persons were given full opportunity tobeheard andto present evidence; NOW, THEREFORE, THEPLANNING COMMISSIONOFTHECITYOF ARCADIA HEREBYRESOLYESASFOLLOWS: SECTION1. That thefactual datasubmitted by thePlanningDepartment in theattached report is trueand correct. SECTION 2. ThisCommissionfinds: 1. Thatthe granting ofsuchConditionalUsePermit will notbedetrimental tothe public health or welfare, or injurious tothe property or improvements in such zoneor vicinity. 2, Thatthe use applied for atthelocationindicatedis properly oneforwhich a ConditionalUse Permit isauthorized. 3. Thatthe siteforthe proposed useisadequate insizeandshape to accommodatesaid use, andallyards, spaces, walls, fences, parking, loading, landscaping and otherfeatures are adequate to adjust said usewith thelandand usesin the neighborhood. 4. Thatthe siteabuts streetsand highwaysadequate in width and pavement type to carry the kindoftraffic generatedby the proposed use. 5. Thatthe granting ofsuchConditionalUsePermit will not adversely affect the comprehensive GeneralPlan. 6. Thatthe use applied forwill nothave asubstantialadverse impact onthe environment. SECTION3. Thatforthe foregoing reasonsthisCommission grants a ConditionalUse Permit to operate an eating establishment upon thefollowing conditions: 1-1408 I. 1. Seating shallbelimited to amaximum of24people. 2. A modificationshallbe granted for285 parking spaces in lieuof 357 spaces. Thisshall only beforthe use approvedby CUP89-004, and doesnotconstitute a general reductionin parking forthetotal site. 3. Amodificationshallbe granted for 3% landscaping in the parking areain lieuof5%. Thisshall only beforthe use approvedby CUP 89-004, andnotfor any other newor changed usesonthe site. 4. Anautomatichoodandductfire extinguishing system shallbeinstalled to thesatisfactionoftheArcadiaFire Department. 5. The subject siteshallbemaintained as per the plans onfile inthePlan- ningDepartment. 6. CUP89-004shall nottakeeffectuntilthe property owner and applicant have executedtheform available atthePlanning Department indicating awareness and acceptance oftheconditionsof approval. 7. Noncompliance withthe provisions andconditionsofthisConditionalUse Permitshallconstitute grounds foritsimmediatesuspension orrevocation. SECTION4. Thedecision, findings andconditionscontained inthis ResolutionreflecttheCommission'sactionof May 9, 1989and thefollowing vote: AYES: CommissionersAmato, Clark, Hedlund, Papay and Szany NOES: None ABSENT: None SECTION5. The Secretary shall certify tothe adoption of thisResolutionand shall causea copy tobeforwarded tothe City Councilofthe City ofArcadia. I HEREBYCERTIFYthatthe foregoing Resolution was adopted at a regular meeting ofthe Planning Commissionheld onthe23th day of May, 1989by the following vote: AYES: NOES: ABSENT: ATTEST: CommissionersAmato, Clark, Hedlund, Papay andSzany None None MdAU/;~~ Secretary, Planning Commission City ofArcadia Cfiairman, Planning Co on City ofArcadia 2-1408