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RESOLUTION NO. 1619
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE
PERMIT NO. CUP 00-012 FOR A DONUT SHOP WITH SEATING
FOR A MAXIMUM OF 10 PEOPLE IN THE 980 SQUARE FOOT
RETAil SPACE AT UNIT-A OF 529 E. LIVE OA!(AVENUE.
WHEREAS, on July 24, 2000, an application was filed by Joe and Eva
Cammorata for a donut shop with seating for a maximum of 10 people in a 980
square foot retail space; Development Services Department Case No.
CUP 00-012, at Unit-A of 529 E. Live Oak Avenue, more particularly described in
Exhibit "A".
WHEREAS, a public hearing was held on September 12, 2000 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 Development Services
Department in the attached report dated September 12, 2000 is true .and correct.
SECTION 2. This Commission fjnds:
1. That the granting of the Conditional Use Permit will not be detrimental
to the public health or welfare, nor injurious to the property or improvements in the
zone or vicinity.
2. That the use applied for at the location indicated is properly one for
which a Conditional Use Permit is authorized.
3. That the site, or sites for the proposed use are adequate in size and
shape to acccmmodate said use, and all yards, spaces, walls, . fences, parking,
loading, landscaping and other features required to adjust said use with the land
and Llses in the neighborhood.
4. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed Lise.
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5. That the subject property is designateCl for commercial use in the
General Plan, that the proposed use is consistent with that designation, and that
the granting of the Conditional Use Permit will not adversely affect the
comprehensive general plan.
, 6. That the evaluation of the environmental impacts as set forth in the
initial study are appropriate and that the project will have no significant effect
upon the environment within the meaning of the California Environmental Quality
Act of 1970, and, when considering the project as a whole, there was no evidence
before the City that the proposed project would have any potentially adverse
effect on wildlife resources or the habitat upon which wildlife depends, and
therefore, a Negative Declaration was approved.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 00-012 for a donut shop with seating for a
maximum of 10 people in the 980 square foot retail space at Unit-A of 529 E. Live
Oak Avenue, subject to the following conditions:
1. The use approved by CUP 00-012 is limited to a donut shop with
seating for a maximum of 10 people that shall be operated and maintained in a
manner that is consistent with the proposal and plans submitted and approved for
CUP 00-012.
2. All City requirements regarding accessibility, fire protection, occupancy,
safety, site design, and water service are to be determined through plan check
and shall be complied with to the satisfaction of the Building Official, Fire
Marshall, Community Development Administrator, and Public Works Services
Director, which might include, but are not limited to the following items:
a. Tenant improvement plans shall be submitted for review and approval.
b. Any exterior improvements, including any new signs and sign face
changes shall be SUbject to architectural design review and approval.
c. Provision of a grease interceptor, if necessary.
d. A disabled van accessible parking space shall be provided.
e. Installation of a Knox-box with keys per UFC Section 902.
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f. Installation of an NFPA-72 fully automatic addressable fire alarm
system that is central station monitored at all times.
g. The fire alarm room shall be properly labeled.
h. Actual occupancy limits, seating arrangements, and exiting
requirements shall be based on the final design, and subject to approval by the
Building Official and Fire Marshall. The approved seating plan shall be posted in
a conspicuous location approved by the Building Official and Fire Marshall.
i. A Modification for.27 parking spaces in lieu of 42 spaces is granted for
CUP 00-012 along with a reduction of one space if necessary 'to comply with the
van accessible parking space requirement. This Modification does not constitute
an approval for a general reduction of the parking requirement for the retail
building or the service station, but rather only for the donut shop approved by
CUP 00-012, except with regard to the one space recjuction necessary to
accommodate the van accessible parking space.
j. Solid metal gates shall be installed on the trash enclosure.
k. Backflow preventers shall be provided on the fire sprinkler system as
approved by the Water Division, and located and screened to the satisfaction of
the Community Development Administrator.
I. A Water Meter Clearance Application shall be submitted to the Arcadia
Water Division to ensure adequate water service and meter size. If the existing
water service and/or meter are inadequate! the facilities shall be either upgraded,
or abandoned and new facilities installed by the Arcadia Water Division at the
applicant's or owner's expense.
3. Approval of CUP 00-012 shall not take effect until all of the property
maintenance violations as noted in this staff report have been corrected, and the
service station is brought into compliance with CUP 86-002 (Le., the sale of
gasoline is the primary activity of the service station) and the property owner and
applicant have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
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4. All conditions of approval shall be complied with prior to occupancy of
the donut shop. Noncompliance with the plans, provisions and conditions of
CUP 00-012 shall be grounds for immediate suspension or revocetion of any
approvals, which would result in removal of the seating.
SECTION 4. The decision, findings, and conditions of approval contained
in this Resolution reflect the Planning Commission's action of September 12,
2000, by the fOllowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SECTION 5. The Secretary shall certify to the adoption of this Resolution
and shall cause a copy to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution No. 1619 was adopted
at a regular meeting of the Planning Commission held on September 12, 2000, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman, Planning Commission
City of Arcadia
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
City of Arcadia
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EXHIBIT "A"
LEGAL DESCRIPTION
529 E. LIVE OAK AVENUE
PARCEL 1:
LOT 6 OF TRACT MAP NO. 11382, IN THE CITY OF ARCADIA, AS PER MAP
RECORDED IN BOOK 240, PAGE 45 OF MAPS, IN THE OFFICE OF THE LOS
ANGELES COUNTY RECORDER.
PARCEL 2:
T, IN THE CITY OF
,)F MAPS, IN THE
mRTHWEST BY
,)NGATION) OF
. 240, PAGE 45
E WESTERLY
THE NORTH
'T WIDE, AS
S, OF SAID
THAT PORTION OF LOT 109 OF ARCADIA ACREAr-r- .
ARCADIA, AS PER MAP RECORDED IN BO(\V
OFFICE OF THE COUNTY RECORDFD ~ u
THE SOUTHEAST LINE (AND ,- ~\'V
LOT 6, TRACT NO. 113P~ OJ' {\
OF MAPS, RECORDS t <J \ V
LINE OF SIXTH AVENUl r\\}. '\ .
LINE OF LIVE OAK AVEN V ~ '
SHOWN ON SAID MAP RE.
COUNTY.
~/
BEGINNING AT THE INTERSEO \.i \ . .v'ENUE,
60 FEET WIDE AND THE NORT~ ^\:_...L.JE, 100 FEET
WIDE, AS PER MAP OF TRACT \ (I ~ .oJ IN BOOK 240, PAGE
45 OF MAPS, IN THE OFFICE 0",1 ./.at:R; THENCE NORTHERLY
ALONG THE WESTERLY LINE 01\ _/orxTH AVENUE 12.83 FEET TO A
POINT OF CUSP. WITH A TA.'lGENT CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 15 FEET; THENCE SOUTHWESTERLY
ALONG. SAID CURVE 21.21 FEET MORE OR LESS TO A POINT OF CUSP
WITH THE TANGENT NORTHERLY LINE OF SAID LIVE OAK AVENUE;
THENCE NORTHEASTERLY 12.83 FEET ALONG SAID NORTHERLY LINE TO
THE POINT OF BEGINNING.
EXCEPT THEREFROM n
FOLLOWS:
lED AS.
EXHIBIT "A"
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