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HomeMy WebLinkAbout1651 (2) e . . RESOLUTION NO. 1651 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 01-023 FOR A 1,060 SQUARE FOOT DELI-STYLE EATING ESTABLISHMENT AT 312 E. HUNTINGTON DRIVE. WHEREAS, on July 30, 2001, an application was filed by Mr. Dino Aloisio for a TOGO's Eatery with seating for up to 18 people indoors and 8 people outdoors in a 1,060 square foot retail space; Development Services Department Case Ne. CUP 01-023, at 312 E. Huntington Drive, more particularly described as follows: Parcels 1 & 7 of Parcel Map No. 19433 in the City of Arcadia, County of Los Angeles, State of California, as recorded in Parcel Map Book 209, Pages 1 & 2 in the Office of the County Recorder of Said County. WHEREAS, a public hearing was held on September 11, 2001 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 11, 2001 is true and correct. SECTION 2. This Commission finds: 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. e 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 features required to adjust said use with the land and uses 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 use. 5. That the sUbject property is designated 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 wholei 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 01-023 for a 1,060 square foot deli-style eating establishment in the retail space at 312 E. Huntington Drive', SUbject to the following conditions: 1. The use approved by CUP 01-023 is limited to a maximum 1,060 square foot deli-style eating establishment with on-site dining facilities that shall be in compliance with the Building and Fire Codes and the City's Incidental Outdoor Dining Regulations. The eating establishment shall be operated and maintained in' a manner that is consistent with the proposal and plans submitted and approved for CUP 01-023. . -2- 1651 e . . 2. Additional trash and recycling facilities shall be provided, and, the enclosures shall be enlarged to accommodate the bins, as well as provide convenient access. Landscaping shall be added as necessary to screen the enclosures. The existing and proposed trash facilities shall be shown on the tenant improvement plans and shall be reviewed and approved by the Public Works Services Department and Community Development Division through the plan check process. 3. This approval of CUP 01-023 includes a parking modification of 4 spaces in lieu of 22 spaces along with any additional parking space adjustments that may be required by the Building Official to comply with the disabled access parking requirements. This Modification does not constitute an approval for a general reduction of the parking requirements for the retail building or the center, but rather only for the deli-style eating establishment approved by CUP 01-023. 4. All conditions of approval shall be complied with prior to occupancy of the eating establishment. Noncompliance with the plans, provisions and conditions of approval for CUP 01-023 shall be grounds for immediate suspension or revocation of any approvals, which shall result in removal of the on-site dining facilitie~. 5. Approval of CUP 01-023 shall not take effect until the property owner, applicant, and contractor have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of September 11, 2001, by the following vote: AYES: NOES: ABSENT: -3- 1651 e 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. 1651 was adopted at a regular meeting of the Planning Commission held on September 11, 2001, by the following vote: AYES: NOES: ABSENT: Chairman, Planning Commission City of Arcadia e ATTEST: Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: , . ~().~ Stephen P. Deitsch, City Attorney City of Arcadia -4- 1651