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HomeMy WebLinkAbout1654 (2) RESOLUTION NO. 1654 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. 2002-004 TO RETAIN THE INTERIOR SEATING THAT CURRENTLY EXISTS WITHIN THE EATING ESTABLISHMENT AT 733-G NAOMI AVENUE. WHEREAS, on February 13, 2002, a conditional use permit application was flied by Denira Izadi, d.b.a. Subway Sandwiches & Salads, to retain the interior seating Le., a total of five tables with fixed seating for nine patrons at her existing eating establishment (Development Services Department Case No. C.U.P. 2002-004) at property commonly known as 733-G Naomi Avenue; and WHEREAS, a public hearing was held on March 26, 2002, 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 March 26, 2002, is true and correct. SECTION 2. This Commission finds for reasons set forth in the above report: 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. 2. That the use applied for at the location indicated is a proper use 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, and all yards, spaces, walls, fences, parking, loading, landscaping and other featur~s are adequate to adjust said use with the land and uses in the neighborhood. . 1 1642 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 subject use will continue to operate as an eating establishment within a developed commercial shopping center. . . 6. That the evaluation of the environmental impacts as set forth in the initial study is 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 Condition Use Permit 2002-004, to retain the interior seating that currently exists within the eating establishment at 733-G Naomi Avenue, subject to the following conditions: 1. That the interior seating arrangement for dining purposes shall be limited toa maximum of 9 persons. 2. A modification be granted for 760 on-site parking spaces in lieu of 1,401, and that this approval shall not constitute an approval for the general reduction in parking for the total site - this parking modification shall only be for the use approved by C.U.P. 2002-004 (an eating establishment). 3. Approval of C.U.P. 2002-004 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form that is available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. 4. Noncompliance with the provisions and' conditions of this conditional use permit shall constitute grounds for its immediate suspension or revocation of said permit. 2 1642 SECTION 4. 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 No. 1654 was adopted at a regular meeting of the Planning Commission held on March 26, 2002 by the following vote: AYES: NOES: ABSENT: ATTEST: . Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attomey City of Arcadia . Chairman, Planning Commission City of Arcadia 3 1642