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RESOLUTION NO. 1654
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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.
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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.
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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.
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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:
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Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attomey
City of Arcadia
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Chairman, Planning Commission
City of Arcadia
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