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HomeMy WebLinkAbout1730 (2) . 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 . 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 1 . . . 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. 2 . 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. . 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 3 . . . 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: 4 . . . NOES: ATTEST: Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission City of Arcadia 5