HomeMy WebLinkAbout1937RESOLUTION NO. 1937
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 14 -21 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,708
SQUARE -FOOT RESTAURANT WITH BEER AND WINE SERVICE AT
168 LAS TUNAS DRIVE, UNITS #101 AND #102
WHEREAS, on December 16, 2014, an application was filed by Yun Jing Hao for
a Conditional Use Permit to allow a 1,708 square -foot restaurant with beer and wine
service at 168 Las Tunas Drive, Units 101 & 102, Development Services Department
Case No. CUP 14 -21 (this application is hereafter referred to as the "Project "); and
WHEREAS, on April 16, 2015, 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 15301 of the CEQA Guidelines because the Project is
considered to be reuse of an existing commercial facility; and
WHEREAS, on May 12, 2015, a duly noticed public hearing was held before the
Planning Commission on said Project, 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 May 12, 2015 are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
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.
FACT: As a commercial use, the proposed restaurant with beer and wine service
is consistent with the zoning and land use designation of the site. The restaurant is
required to be in compliance with applicable Health Department regulations, and with
the Department of Alcoholic Beverage Control, and will not adversely impact public
health or welfare, and will not be injurious to the property or improvements of the site or
those within the vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: In the C -2 Zone, a restaurant with beer and wine service is allowed with
an approved Conditional Use Permit per Section 9275.1.53.5 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.
FACT: The applicant will remodel the existing two commercial units totaling
1,708 square -feet into a single restaurant space. There will be no exterior alterations,
except signage. The site, as it exists, will accommodate the proposed use, including the
requirement for eight additional parking spaces compared to a generic retail use,
because the site has a current parking surplus of 17 spaces. In addition, a parking study
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conducted for the proposed project estimated a parking surplus of at least 58 spaces for
the site during the peak parking demand hours. The parking is adequate to
accommodate the proposed use and the other existing 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.
FACT: The site is located between Las Tunas Drive and Live Oak Avenue, and
can also be accessed from El Monte Avenue. All three multi -lane streets are 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.
FACT: A restaurant with beer and wine service is a commercial use consistent
with the Commercial General Plan Land Use Designation of the site. The activities that
will take place at the restaurant are consistent with the allowable uses described in the
General Plan.
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 -21 to allow a 1,708 square -foot restaurant
at 168 Las Tunas Drive, Units 101 & 102, subject to the conditions of approval attached
hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
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Passed, approved and adopted this 12th day of May, 2015.
ATTEST:
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Chai rman
ning Commission
RESOLUTION NO. 1937
Conditions of Approval
1. Alcoholic beverage service shall be limited to beer and wine.
2. The restaurant shall not be open for business more than 16 hours per day or any
time between midnight (12:00 a.m.) and 6:00 a.m.
3. Tenant improvements to the interior of the commercial unit shall be consistent with
the approved floor plan.
4. The Applicant/Property Owner shall add to the existing trash and recyclables
enclosure a solid roof in compliance with NPDES requirements prior to issuance of
a Certificate of Occupancy. The design shall be subject to the approval of the
Community Development Administrator or designee.
5. The Best Management Practices (BMPs) for waste disposal 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 after 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.
6. The use approved by CUP 14 -21 is limited to a restaurant with beer and wine
service and shall be operated and maintained in a manner that is consistent with
the proposal and plans submitted and approved for CUP 14 -21, 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.
7. 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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 14 -21
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the restaurant.
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9. 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.
10. Approval of CUP 14 -21 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.
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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. 1937 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 May,
2015, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Chan, Chiao, Lin and Falzone
NOES: None
ry of the Planning Commission