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HomeMy WebLinkAbout1945RESOLUTION NO. 1945 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 15 -04 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,550 SQUARE -FOOT RESTAURANT WITH BEER AND WINE SERVICE AT 815 W. NAOMI AVENUE, UNIT E WHEREAS, on June 29, 2015, an application was filed by WeiRong Lu for a Conditional Use Permit to allow a 1,550 square -foot restaurant with beer and wine service at 815 W. Naomi Avenue, Unit E, Development Services Department Case No. CUP 15 -04 (this application is hereafter referred to as the "Project"); and WHEREAS, on August 14, 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 August 25, 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 August 25, 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 that exceeds 1,500 gross square feet with beer and wine service that is open to the public after midnight (12:00 a.m.) to 6:00 a.m., is allowed with an approved Conditional Use Permit per Sections 9275.1.53.5, 9275.1.53.6, and 9263.1.2 of the Arcadia Municipal Code. The Arcadia Police Department reviewed the application and did not have any concerns with the hours of operation or the beer and wine service. The proposed use would serve as a public convenience and would not be detrimental to the area or create a public nuisance. 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 interior of the existing 1,550 square -foot commercial unit. There will be no exterior alterations, except signage. The site, as it exists, will accommodate the proposed use. The restaurant will require 13 additional parking spaces, but based on the parking plan approved by MP 15 -02, 169 parking spaces will still be available in the center. Therefore, 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. 2 FACT: The site is located along W. Naomi 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 proposed restaurant. 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 15 -04 to allow a 1,550 square -foot restaurant at 815 W. Naomi Avenue, Unit E, 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 25th day of August, 2015. ATTEST: APPROVED AS TO FORM: &trick_ c-) Stephen P. Deitsch City Attorney 3 Chair ,,an, Planning Commission RESOLUTION NO. 1945 Conditions of Approval 1. Business hours shall be from 5:30 p.m. to 12:30 a.m. with operational hours from 5:00 p.m. to 1:00 a.m., daily. 2. Alcoholic beverage service shall be limited to beer and wine. 3. Tenant improvements to the interior of the commercial unit shall be consistent with the approved floor plan, and shall include, but not be limited to compliance with the following items, subject to the satisfaction of the Building Official and Fire Marshal, or their designees: a. Illuminated signage shall be provided above both exit doors; b. Emergency lighting shall be provided in the dining area; and c. Any and all decorative materials shall be flame retardant. 4. The Best Management Practices (BMPs) required of restaurants by the NPDES 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. 5. The use approved by CUP 15 -04 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 15 -04, 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. 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, including provision of a trash and recyclables enclosure(s) that complies with City codes and the NPDES, 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 15 -04 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 4 8. 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. 9. Approval of CUP 15 -04 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. 5 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. 1945 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 25th day of August, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Lewis, Lin, and Thompson NOES: None ABSENT: Commissioner Chiao Seca- ary of the Planning Commission