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RESOLUTION NO. 1759
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 07-06 FOR A NEW
RESTAURANT AT 529 E. LIVE OAK AVENUE, UNIT A.
WHEREAS, on May 14, 2007, a Conditional Use Permit application was
filed by Juliet Go, on behalf the property owner Susan Thai to permit a
restaurant use on the property commonly known as 529 E. Live Oak Avenue,
UnitA; 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 an Initial Study and
determined that there is no substantial evidence that the approval of Conditional
Use Permit No. 07-06 would not result in a significant adverse effect on the
environment that cannot be mitigated to a level of less than significant;
accordingly, a Negative Declaration has been prepared and notice of that fact
was given in the manner required by law; and
WHEREAS, a public hearing was held by the Planning Commission on July
10,2007, at which time all interested persons were given full opportunity to be
heard and present evidence.
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY
OF ARCADIA RESOL YES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Developm.ent Services
Department in the attached report is true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit would not be
detrimental to the public health or welfare, or injurious to the property 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 based on specific conditions of
approval relating to age restriction, landscaping, and design.
3. That the site for the proposed restaurant is adequate in size and shape to
accommodate said use. All yards, spaces, loading, landscaping, parking, and
other features are adequate to accommodate senior housing with the land and
uses in the neighborhood.
4. That the site street is adequate in width and pavement type to carry the
kind of traffic generated by the proposed use, based on specific conditions of
. approval regarding circulation and traffic, especially during construction.
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5. That the granting of such Conditional Use Permit will not adversely
affect the comprehensive General Plan because the proposed project as
conditioned is consistent with the Zoning and General Plan land use designation
of the project site.
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 07-06 to permit a restaurant use at 529 E.
Live Oak Avenue, Unit A, upon the following conditions:
1. The restaurant area shall be limited to 925 square feet.
2. The business hours shall be limited from 7 a.m. to 10 p.m., everyday.
3. The restaurant tenants shall install a trash compaction unit in the kitchen
area to ensure that the trash materials are tightly compressed in the trash bag.
Additionally, all trash bags must be tightly sealed.
4. A separate sign design review application shall be submitted for a new
wall sign.
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The restaurant shall comply with the National Pollutant Discharge
Elimination System (NPDES) requirements.
5. Approval of CUP 07-06 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.
7. 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 oflaw applicable to this project or decision. The City shall promptly
notifY the applicant of any claim, action, or proceeding concerning the project
and/or ]and 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.
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SECTION 4, The decision, findings and conditions contained in this
Resolution reflect the Commission's action of July 10,2007, by the following
vote:
AYES:
NOES:
ABSENT:
Baderian, Beranek, Hsu and parrille
None
None
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 was adopted at a
regular meeting ofthe Planning Commission held on the 10th day of July 2007,
by the following votes:
AYES;
NOES:
ABSENT:
Baderian, Beranek, Hsu and parrille
None
None
f'"
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Chairman, Planning Commission
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ATTEST:
ing Co SlOn
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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