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RESOLUTION NO. 1701
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
03-007 FOR A 700 SQ.FT. RESTAURANT SERVING BEER AND WINE
WITH 28 SEATS IN UNITDAND AN 800 SQ.FT. CAFE/ TEA HOUSE WITH
9 SEATS IN UNITE, WITH FOUR INCIDENTAL OUTDOOR SEATS IN
Ul'HT E AT 171 E. LIVE OAK AVENUE.
WHEREAS, on October 13, 2003, a conditional use permit application was
filed by Carlon Tsai to operate a 700 sq.ft. restaurant serving beer and wine with 28 seats
in Unit D and an 800 sq. ft. cafe/tea house with 9 seats in Unit E, with an incidental
outdoor dining area (Development Services Department Case No. C.U.P. 03-012) at
property commonly known as 171 E. Live Oak Avenue; and
WHEREAS, a public hearing was held on December 9, 2003, at which time all
interested persons were given full opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE ClTY OF
e ARCADIA RESOLVES AS FOLLOWS:
SECTION I. That the factual data submitted by .the Development Services
Department in the attached report is true and correct.
SECTION 2. This Commission finds:
]. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare, or injurious to the prol'erty or improvements in such zone or
vicinity because the initial study did not disclose any substantial adverse effects to the
area affected by the proposed project.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized,
3. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other
features including the shared parking with the neighboring business, are adequate to
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adjust said use with the land and uses in the neighborhood. The proposed project
complies with all related zoning requirements as set forth in the Arcadia Municipal Code.
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.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan .because the land use and current zoning are consistent with
the General Plan.
6. That the use applied for will not have a substantial adverse impact on the
environment, and .that based upon the record as a whole there is no evidence that the
proposed project will have any potential for an adverse effect on wildlife resources or the
habitat upon which the wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants Conditional
Use Permit No. CUP 03-007, to operate a 1',500 square foot cafel tea house with seating
for 30 patrons at 171 E. Live Oak A venue, units D and E,. upon the following conditions:
L The hours of operation shall be limited to II :00 a.m. to II :00 p.m. Sunday
through Thursday, and l bOO a.m. to midnight on Fridays and Saturdays.
2. There shall be no outdoor waiting bench permitted.
3. The sale of beer and wine is incidental to the restaurant use only and shall not
be sold or consumed in Unit E.
4. The maximum number of seating shall be limited to 28 in Unit D,9 in Unit E.
5. The staff members of the proposed business shall park in the rear parking lot.
6. The use approved by CUP 03-012 is limited to the restaurant and cafe! tea
house. The restaurant and cafel tea house shall be operated and maintained in a manner
that is consistent with the proposal and plans submitted and approved for CUP 03-012.
7. A separate sign design review application shall be submitted for all new signs
on the premises.
. 8. Any exterior alteration to the building requires the filing and approval of a
design review application.
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9. All conditions of approval shaH be complied with prior to opening the
restaurant and cafel .tea house. Noncompliance with the plans, provisions and conditions
of approval for CUP 03-012 shaH be grounds for immediate suspension or revocation of
any approvals, which could result in the closing of the restaurant and cafel tea house.
10.. Approval of CUP 03-012 shall not take effect until the property owner(s), and
applicants have executed and filed the Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
11. The city shall revoke the conditional use permit should the police department
later determine the business to be a crime or persistent disturbance problem as determined
by their calls for service in or around the business,
12. The applicant shall defend, indemnifY, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or
annul any approval or condition of approval of the City of Arcadia concerning this project
andlor land use decision, including but not limited to any approval or condition of
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
officers; employees, and agents in the defense of the matter.
SECTION 4. The decision, findings and conditions contained in this Resolution
reflect the Commission's action of December 9, 2003, by the foHowing vote:
AYES:
NOES:
ABSENT:
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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 forgoing Resolution was adopted at a regular
meeting of the Planning Commission held on the 9th day of December 2003, by the
following votes:
AYES:
NOES:
ABSENT:
Chairman, Planning Commission
City of Arcadia
ATTEST:
Secretary, .Planning Corn,mission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
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