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Home My WebLink About0983 . . . RESOLUTION NO. 983 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA GRANTING A CONDITIONAL USE PERMIT TO OPERATE AN EATING ESTABLISHMENT AT 249 EAST FOOTHILL BLVD. \ffiEREAS, on February 24, 1977, an application was filed by Nero's Barbecue and Sandwich Shop, Planning Department Case No. C.D.P. 77-6, to operate an eating establishment on property commonly known as 249 East Foothill Boulevard, more particularly described as follows: Lot 5 of Tract 12834 located in the City of Arcadia, County of Los Angeles, State of California as per map recorded in Map Book 262, page 24, in the office of the Recorder of said County. . WHEREAS, a public hearing was held on March 22, 1977, 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 Planning Department in the attached report is true and correct. SECTION 2. This Commission finds that: 1. The granting of a conditional use permit as herein- after provided will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. The use applied for at the location indicated is ... properly one for which a conditional use permit is authorized. -1- 983 . . . . . 3. The site for the proposed use is adequate in size and shape to accommodate said use, including all yards, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 4. The site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. The granting of such conditional use permit will not adversely affect the General Plan. 6. The use applied for will not have a significant effect on the environment. SECTION 3. That for the foregoing reasons, subject to approval of the City Council, this Commission grants a conditional use permit to operate an eating establishment upon the following conditions: 1. The property shall be improved and maintained in accordance with plans on file in the subject Case No. C.U.P. 77-6. 2. A trash enclosure shall be provided as per Section 9263.6.6 3. A modification shall be granted for 17 parking spaces in lieu of 51 required. 4. The parking area shall be restriped as per Section 9269.8.A. SECTION 4. The Secretary shall certify to the adoption of this resolution and shall cause a copy to be forwarded to the -2- 983 . . . City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission held on . . the 12th day of April, 1977, by the following vote: AYES: Commissioners Hegg, Huddy, Kuyper, Reiter Clark' NOES: None ABSENT: Commissioner Perlis ~L~ ATTEST: IIdI~ Secretary - -3- 983 . . . March 22, 1977 TO: FROM: SUBJECT: APPLICANT: LOCATION: REQUEST: EXISTING ZONING: . PLANNING COMMISSION PLANNING DEPARTMENT C. U.P. 77-6 249 EAST FOOTHILL BLVD. Nero's BarBecue and Sandwich Shop 249 East Foothill Blvd. Conditional use permit for an eating establishment C-2, PR-l Commercial building including Nero's Barbecue, restaurant, produce stqre, knit shop, vacant store, and single- family dwelling and guest house SIZE: 27,950 square feet; 13,500 square feet zoned C-2 and 14,450 square feet zoned PR-l EXISTING LAND USE: FRONTAGE: 100 feet on Foothill Blvd. SURROUNDING Lfu~D North - developed with single-family zoned USE AND ZONING: PR-l and R-l South - C-2 developed with commercial and residential uses. East - C-2 developed with an eating establish- ment West - C-2 developed with an eating establish- ment GENERAL PLAN: The site is designated for commercial use MODIFICATIONS REQUESTED: 17 parking spaces in lieu of 51 required for entire building SPECIAL INFORMATION . BUILDING: Building Area: 5,100 square feet Floor Area proposed eating establishment: 1,200 square feet . C.U.P. 77-6 PARKING, LANDSCAPING AND BUFFERS: MISCELLfu~EOUS INFO~~TION: . fu~ALYSIS . . 2 The dining area occupies 180 square feet of floor area. Two restrooms are located at the rear of the building; the remainder of the area is kitchen and storage. Seating for 18 persons is proposed. 5l parking spaces are required for all uses; 18 park- ing spaces exist; 17 are proposed. 24 parking spaces are required for the proposed eating establishment. There is no landscaping in the interior of the parking lot. Parking is single line striping. There is a 4-foot high chain link fence separating the commercial from the residential use to the north. The applicant proposes to construct a trash enclosure in one of the northerly parking spaces adjacent to the residential zone. This would reduce the number of parking spaces to 17. The mechanical equipment on the roof can be viewed from the rear portions of adjoining properties. Driving east or west on Foothill, it is barely noticeable. The proposed use is permitted in a C-2 zone with an approved conditional use permit. Although the trash enclosure would eliminate one parking space, the Planning Department believes 17 parking spaces would be adequate for the uses on the site. It is staff's opinion that the addition of tables to the existing take-out will not significantly increase the number of cars using the:parking area. Several site inspections have indicated no more than 8 cars parking on the site at anyone time. The parking area should be restriped as per Code. Code requires a 6-foot high block wall and a 5'3" landscape buffer between the commercial use and the residentially zoned portion of the property. It is staff's opinion that the request for the addition of tables to this take-out facility is a minimal request and the requirement for a wall and landscape area would create an undue hardship on the applicant. . Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for . . . C.U.P. 77-6 3 the proposed project. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic signifi- cance. Therefore, a Negative Declaration has been prepared for this project. Before the Planning Commission takes action on this project, the Commission should "move to approve and file the Negative Declaration and find that the project will not have a signifi- cant effect on the environment." RE CO~ENDAT I ON The Planning Department recommends approval of C.U,P. 77-6 subject to the following conditions: 1. That a trash enclosure be provided as per Section 9263.6.6. 2. 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