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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 2 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. [SIGNATURES ON NEXT PAGE] 3 Passed, approved and adopted this 12th day of May, 2015. ATTEST: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 )' n 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. 5 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. 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. 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