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HomeMy WebLinkAbout1761 . . . RESOLUTION NO. 1761 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 07-04 AND APPROVING ARCHITECTURAL DESIGN REVIEW NO. ADR 07-05 TO EXPAND AND REMODEL THE RESTAURANT AT 21 EAST HUNTINGTON ORNE. WHEREAS, Conditional Use Permit application no. CUP 07-04 was filed by Mr. Bedros Darkjian on April 12, 2007 to expand and remodel the existing restaurant at 21 East Huntington Drive; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City of Arcadia prepared a Preliminary Exemption Assessment and determined that the proposed project qualifies as a Class 1 Categorical Exemption under Section 15301 of the CEQA Guidelines as an addition to an existing structure that will not result in an increase of more than 10,000 square feet in an area where all public services and facilities are available for the maximum development permissible in the General Plan and which is not environmentally sensitive; and WHEREAS, a public hearing was held by the Planning Commission on June 12, 2007 and July 10, 2007, at which times 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 reports are true and correct. SECTION 2. This Commission finds: 1. That the approval of Conditional Use Permit No. CUP 07-04 and Architectural Design Review No. ADR 07-05 to expand and remodel the existing restaurant will not be detrimental to the public health or welfare, or injurious to the property or improvements in the zone or vicinity. . . . 2. That a 5,200 square-foot, two (2) story restaurant building with 1,630 square feet of outdoor dining on two (2) levels at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed expanded restaurant 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 for the proposed expanded restaurant 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 uses in the General Plan, that the proposed expanded restaurant 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 determination that the proposed project qualifies as a Class 1 Categorical Exemption is appropriate and that based upon the record as a whole, there is no evidence that the proposed project will have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 07-04 and approves Architectural Design Review No. ADR 07-05 to expand and remodel the existing restaurant at 21 East Huntington Drive, subject to the following conditions: 1. The restaurant, the building and the site shall be operated, improved and maintained in a manner that is consistent with the proposal and plans as revised: Full utilization of the existing 5,200 square-foot building for restaurant purposes with the existing bar on the ground floor, expansion of the ground level outdoor dining area to approximately 755 square feet with a five (5) foot setback area to accommodate the easterly neighbor's parking access, and addition of an 875 square-foot second floor deck with planters or potted plants (e.g., 24-inch width or diameter) to be placed around the perimeter of the deck and along the rear of the building/stairway. The final plans, -2- 1761 . . . including the landscaping shall be subject to review, revision and approval by the Development Services Director. 2. The expansion of the restaurant is subject to inspection by the Building Official, Development Services Director and Fire Marshall and the use and building shall be brought into compliance with all requirements and policies determined to be necessary by the Building Official, City Engineer, Development Services Director, Fire Marshall, Public Works Services Director, and any service districts and utility providers that will serve the subject. 3. Maximum occupancy and dining capacity for the various parts of the restaurant shall be determined by the Building Official, and the seating plans for the various parts of the restaurant shall be subject to approval by the Fire Marshal. 4. Alcoholic beverage sales shall be subject to licensing by the Califomia State Alcoholic Beverage Control Department with off-site consumption sales limited to the taking home of unfinished bottles of wine. 5. The restaurant operating hours shall be limited to 11 :00 a.m. to 1 :00 a.m. 6. A Parking Modification for zero (0) on-site spaces in lieu of 102 spaces is granted for the expanded restaurant. This Parking Modification does not constitute an approval for a general reduction of the parking requirements for the subject property, but rather only for the restaurant that is herein conditionally approved. Uses other than a restaurant may be subject to a new Conditional Use Permit and/or Parking Modification, and may require that on-site parking be provided. 7. A trash enclosure shall be provided on-site, the design and location shall be subject to review and approval by the Development Services Director. This requirement may be waived if an adjoining property owner is in agreement to allow the sharing of a trash enclosure. The trash enclosure to be shared must be in compliance with the applicable trash enclosure standards. The agreement to share a trash enclosure shall be subject to the approval of the Development Services Director and maintained at all times during the effective period of this Conditional Use Permit, in writing on file in the Community Development Division. 8. The restaurant, the building and the site must be in compliance with all of the conditions of approval prior to the restaurant being open to the public. -3- 1761 . . . Noncompliance with the plans, provisions, requirements of various City departments, and the conditions of approval for CUP 07-04 and ADR 07-05 shall be grounds for immediate suspension and/or revocation of any approvals, which may result in the closing of the restaurant. 9. 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 and/or 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. 10. The approvals of CUP 07-04 and ADR 07-05 shall not take effect until the property owner, business owner, and applicant have executed and returned the Acceptance Form from the Development Services Department to document acknowledgement and acceptance of the conditions of approval, and all conditions of approval shall be satisfied prior to the issuance of a business license and operation of the expanded restaurant. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of July 10, 2007, by the following vote: AYES: Commissioners Beranek, Hsu and Baderian NOES: Parrille 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. -4- 1761 ^. . . I HEREBY CERTIFY that this foregoing Resolution No. 1761 was adopted at a regular meeting of the Planning Commission held on July 24, 2007, by the following vote: AYES: NOES: ABSTAIN: Baderian, Baerg, Beranek and Hsu parrille ATTEST: ~L~~ APPROVED AS TO FORM: ~P.~ Stephen P. Deitsch, City Attomey ~c.~ Chairman, Planning Commission -5- 176.1