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RESOLUTION NO. 1730
A RESOLUTION OF TIIE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2005-10 FOR THE
SALE OF BEER AND WINE WITHIN AN EXISTING
SPECIALTY FOOD MARKET AT 171 E. LIVE OAK
AVENUE UNIT A
WHEREAS, on April 3, 2005, a conditional use permit application was
filed by Stanley Szeto, licensing consultant, for the sale of beer and wine;
Development Services Department Case No. CUP 2005-10, at 171 E. Live Oak
Avenue, unit A; and
WHEREAS, a public hearing was held by the Planning Commission on
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May 24, 2005, 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 RESOL YES AS FOLLOWS:
SECTION 1.
That the factual data submitted by the Development
Services Department in the attached report dated May 10, 2005 is true and
correct.
SECTION 2.
This Commission finds:
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
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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.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, loading, landscaping
and other features including the shared parking with the neighboring business,
are adequate to adjust said use with the land and uses in the neighborhood. The
proposed project complies with all related zoning requirements as set forth in
the Arcadia Municipal Code.
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 land use and
current zoning are consistent with the General Plan.
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.
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SECTION 3.
That for the foregoing reasons this Commission grants
Conditional Use Pennit No. CUP 2005-10, for the sale of beer and wine at 171
E. Live Oak Avenue, unit A, upon the following conditions:
1. All City code requirements regarding accessibility, fire protection,
occupancy, and safety shall be complied with to the satisfaction of Building
Services and the Fire Department.
2. Non-compliance with the provisions and conditions of this
Conditional Use Pennit shall constitute grounds for the immediate suspension
and revocation of said pennit.
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3. Approval of CUP 2005-10 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.
4. 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
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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.
SECTION 4.
The decision, findings and conditions contained in this
Resolution reflect the Commission's action of May 24, 2005, by the following
votes:
AYES:
NOES:
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 forgoing Resolution was adopted at a
regular meeting of the Planning Commission held on the May 24, 2005, by the
following votes:
AYES:
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NOES:
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
City of Arcadia
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