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HomeMy WebLinkAbout1704 (2) . . ~ RESOLUTION NO, 1704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004-002 FOR THE SALE OF BEER AND WINE IN AN EXISTING 2,000 SQ,FT. RESTAURANT (D,B.A. CAFE FUSION) WITH 68 SEATS AND OPERATION HOURS OF 11:00 A.M. TO 11:30 P.M., SUNDAY THROUGH THURSDAY, AND 11:00 A.M. TO 1:00 A.M., FRIDAY AND SATURDAY, AT 510 E. LIVE OAK AVENUE. WHEREAS, on March 8, 2004, a conditional use permit application was filed by C. C. Chang, agent of Cafe Fusion, for the sale of beer and wine in an existing 2,000 sq.fl Restaurant (d,b.a, Cate Fusion) with 68 seats and operation hours 11:00 a,m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday (Development Services Department Case No. CUP 2004-(02) at property commonly known as 510 E. Uve Oak Avenue; and WHEREAS, a publiC hearing was held on April 27, 2004, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report 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 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 induding the shared par1<ing 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. SECTION 3. That for the foregoing reasons this commission grants Conditional Use Permit no, CUP 2004-002 for the sale of beer and wine in an existing 2,000 sq.f1. restaurant (d,b.a, Cafe Fusion) with 68 seats and operation hours of 11 :00 a,m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday at 510 E. Live Oak Avenue, upon the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 11:30 p,m" Sunday through Thursday, and 11:00 a,m, to 1:00 a.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. The sale of beer and wine is incidental to the restaurant use only alJd is not intended for off-premise consumptiol} or a bar use, 4. The maximum number of seats shall be 68 or the maximum occupancy as determined by Building Services, whichever is lower. 5. The use approved by CUP 2004-002 is limited to the restaurant The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2004-002, 6. A separate sign design review application shall be submitted for all new signs on the premises. 7, Any exterior alteration to the building requires the filing and approval of a design review application. 8, All conditions of approval shall be complied with prior to opening the restaurant. Noncompliance with the plans, provisions and conditions of approval for CUP 2004-002 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant, 9, Approval of CUP 2004-002 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the 2 1704 Development Services Department to indicate awareness and acceptance of these conditions of approval. 10. 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, SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of April 27, 2004, by the following votes: A YES: Commissioners Hsu, Lucas, Wen, Olson, Baderian NOES: 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 forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 27'" day of April, 2004, by the fOllowing votes: AYES: NOES: - . none Commissioners Hsu, Lucas, Wen, Olson, Baderian , Secretary, Planning CommISsion City of Arcadia APPROVEDAST~FO~M: A ~P./~ Stephen P. Deitsch, City Attorney Q?b~ Chairman, Planning Commission City of Arcadia 3 1704 e - - STAFF REPORT Development Services Department April 27, 2004 TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: Thomas P. Li, Assistant Planner SUBJECT: Conditional Use Permit Application No, CUP 2004-002 for the sale of beer and wine in an existing 2,000 sq.ft, restaurant (d,b,a. Cafe Fusion), at 510 E. Live Oak Avenue. SUMMARY Ms, C, C. Chang submitted this Conditional Use Permit application, as the agent representing the subject business, for the sale of beer and wine in an existing 2,000 sq,ft. restaurant (d.b.a. Cafe Fusion) at 510 East Live Oak Avenue. The business provides seating for 68 patrons, and would be open from 11 :00 a.m. to 11 :30 p.m" Sunday through Wednesday, and 11 :00 a.m. to 1 :00 a.m., Thursday through Saturday. The Development Services Department is recommending approval of this application, and adoption of Resolution No. 1704 subject to the conditions in the staff report. GENERAL INFORMATION APPLICANT: Ms. C. C, Chang (Agent representing Cafe Fusion) LOCATION: 510 E. Live Oak Avenue REQUEST: A Conditional Use Permit to permit the sale of beer and wine in an existing 2,000 sq,ft, restaurant (d.b,a, Fusion Cafe) with 68 seats, and business hours of 11 :00 a.m, to 11 :30 p,m., Sunday through Wednesday, and 11 :00 a,m. to 1 :00 a.m., Thursday through Saturday, 7,497 sq.ft. (0.17 acre) LOT AREA: e FRONTAGES: 50 feet along Live Oak Avenue EXISTING LAND USE & ZONING: The subject property is improved with a 2,000 sq.ft. restaurant and a 1,000 sq.ft. beauty salon, and is zoned C-2. SURROUNDING LAND USES & ZONING: North: Commercial Retail Center and Service Station; zone C-2 South: Single-family dwellings; L.A. County area East: Beauty Salon; zoned C-2 West: Japanese Restaurant; zoned C-2 GENERAL PLAN DESIGNATION: Commercial BACKGROUND The subject business has been operating as a restaurant before the City required a Conditional Use Permit for such use. Therefore, there is no existing CUP for the restaurant, which is currently known as Cafe Fusion. . PROPOSAL AND ANALYSIS The subject business, Cafe Fusion, is a 2,000 sq.ft. restaurant with 68 seats that opened earlier this month (April 2004). They serve a variety of homestyle Chinese food with a limited selection of baked goods and drinks. The applicant is proposing to serve beer and wine in the restaurant, and to have business hours of 11 :00 a.m. to 11 :30 p.m., Sunday through Wednesday, and 11 :00 a".m. to 1 :00 a.m., Thursday through Saturday. Currently, the restaurant is open from 11 :00 a.m. to 10:00 p.m., seven days a week. Restaurants serving beer and wine and businesses which are open to the public between midnight (12:00 a.m.) and 6:00 a.m. within 150 feet of residentially zoned property are required to secure an approved Conditional Use Permit from the Planning Commission. In staff's opinion, this proposal would not have a negative impact on the neighborhood. The beer and wine service is restricted to on-site consumption and would be incidental to the restaurant use. The applicant does not intend to operate this business as a bar or cocktail lounge, which would require a separate Conditional Use Permit. Since this use is adjacent to residential zoned properties, business hours on Thursday shall also be limited to 11 :00 a.m. to 11 :30 p.m. as on Sunday to Wednesday. It CUP 2004-002 April 27, 2004 Page 2 e . e The Police Department have reviewed the proposal including a site visit and observed no issues of public safety. PARKING The proposed service of beer and wine and extended hours for the restaurant would not increase the parking requirements. However, as mentioned, there is no Conditional Use Permits for the existing restaurant because the use predates the requirement for such permits. Below is an analysis of the existing parking situation. By code, a 2,000 sq.ft. restaurant requires a total of twenty (20) on-site parking spaces (10 spaces per 1,000 sq.ft. of gross floor area). The subject business has shared parking with the 1,000 sq.tt. beauty salon use in the commercial center, which requires five (5) additional spaces. Therefore, the total number of parking spaces required is twenty-five (25), where only sixteen (16) spaces are provided. A parking survey was not requested as part of this application. However, based on staff's observation, the parking lot is underutilized. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director, and are to be determined by submitting fully detailed tenant improvement plans for plan check review and approval. The Los Angeles County Health Department must also approve the tenant improvement plans before building permits will be issued. Any exterior improvements, such as any new signs,sign face changes, awnings and trash enclosures shall be subject to architectural design review and approval by the Community Development Division. Fire safety and occupancy limits shall be provided to the satisfaction of the Fire Marshall, and shall include at a minimum the following: · Minimum 6-inch high address numbers shall be provided on the front of the building facing First Avenue. . Commercial cooking operations shall be protected by a hood-and-duct system. · A Knox Box shall be provided for access to any restricted areas. . Approved lighted exit signs shall be provided above all exits. . A Class 'K' fire extinguisher shall be provided for the cooking area and a Class '2A:10BC' fire extinguisher shall be provided at a location to be determined by the Fire Inspector. · A floor and seating plan approved by the Building Official and Fire Marshall shall be posted in a conspicuous location. CUP 2004-002 April27,2004 Page 3 e . e An Industrial Waste Discharge Permit shall be obtained from the Public Works Services Department prior to opening of the cafe, and the tenant improvements shall include the Best Management Practices (BMPs) of the Minimum Project Requirements for reducing the level of pollutants in storm water runoff. CEQA Pursuant to the provisions of the California Environmental Quality Act, the Development Services Department has prepared an Initial Study for the proposed project. Said Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. When considering the record as a whole. there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the haqitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared for this project. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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 improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly 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, 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 granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 2004-002, subject to the following conditions: 1. The hours of operation shall be limited to 11 :00 a.m. to 11 :30 p.m., Sunday through Thursday, and 11 :00 a.m. to 1 :00 a.m., Friday and Saturday. CUP 2004-002 April 27, 2004 Page 4 e . e 2. There shall be no outdoor seating permitted. 3. The sale of beer and wine is incidental to the restaurant use only and is not intended for off-premise consumption or a bar use. 4. The maximum number of seats shall be 68 or the maximum occupancy as determined by Building Services, whichever is lower. 5. The use approved by CUP 2004-002 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2004-002. 6. A separate sign design review application shall be submitted for all new signs on the premises. 7. Any exterior alteration to the building requires the filing and approval of a design reviewapplication. 8. All conditions of approval shall be complied with prior to opening the restaurant. Noncompliance with the plans, provisions and conditions of approval for CUP 2004-002 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 9. Approval of CUP 2004-002 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. 10. 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 Govemment 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. CUP 2004-002 April 27, 2004 Page 5 e . e PLANNING COMMISSION ACTION Approval The Planning Cornrnlsslon should move to approve and file the Negative Declaration and adopt Resolution No. 1704: a Resolution of the Planning Comrnisslon of the City of Arcadia, California, granting Conditional Use Permit No. . CUP 2004-002 for the sale of beer and wine in an existing 2,000 sq.ft. restaurant (d.b.a. Fusion Cafe) with 68 seats and operation hours of 11 :00 a.rn. to 11:30 p.m., Sunday through Wednesday, and 11:00 a.m. to 1:00 a.m., Thursday through Saturday, at 510 E. Live Oak Avenue. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should state the specific reasons for denial and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 27th public hearing, please contact Thomas Li at (626) 574-5447. f~PP2'roved by: (' . .:....-' #~VL Donna L. Butler Community Development Administrator Attachments: Aerial Photo & Zoning Map Floor and Site plans Environmental Documents Resolution 1704 CUP 2004-002 April 27, 2004 Page 6 ~ N o 100 . ~ 510 E Uve Oall Ave D Arcadia IEl Zone 1ffs ~OP/llent SeMCB$ Deperlment ., Engineering Division F1epa/8dby:R,SGanzaIoz. ApriJ21XJ4 510 E Live Oak Avenue CUP 2004-002 ~ (Zl38) 3) (B15) (%4QJ AV ~ N 18) (t/JDI (SD8) fBl4) 0 100 200 Feel (2513) (25Zl) !:Ii! <o:C ~ (2534) CI) (83l) (6Z3) (83l) , (&119) 181$) I f8IJl) (S29) LIVE OAt< A'IE 1521) 1511) (1130) ~) 1818) (035) uVE OAt< A'IE (&20) In ~ f5Il6J Z (41B) 0 ;a m ~ . I . }t~ ~ Q!YJ -- L YNROSE ST z-Jl.County -- ... In z o ;a m ~ 1ffs Aopment SeTVices Department ., Engineering Division P/epIrecIby: R.SGonz8lJz, Apt/, 2004 510 E Live Oak Avenue CUP 2004-002 e . e 100'W E. LIvE OAK AVE. SIDEWALK . ~ --l <t \I) }- I- ~ w III ~) PA~ING LS/j ~ __ __ __ __ __ 1_ _ J ,,(2)' -(2); 1 20'W ALLEY 5CALE, 1'.20'-0' -00- CAFE FUSION !:II0 E. LIvE OAK AVE. ARCADIA. CA SI006 e ~ ~ " e 1".1' 16'.II!'J' ~ I ~== I I I r-------------~ L_________J KITCl-IEN II L.J ~ DINING AREA cfl:JcrlJcfl:JcrlJ c]JJ c]JJ c]JJ c]JJ 60'.1<<:1- CAFE FUSION 51iZ> E. LIVE OAK AVE. ARCADIA, CA '91iZ>iZ>~ e PARKING LOT ;;! STORAGE ~ 1860 ~ ~ 2f!r-6" SCALE, 1116'=1'-0' ~ e . -- File No.: CUP 2004-002 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION A. Name, if any, and a brief description of the project: Conditional Use Permit Application No. CUP 2004-002 for for the sale of beer and wine in an existing 2,000 sq.f1. restaurant (d.b.a. Care Fusion) with 68 seats and operation hours of 11:00 a.m. to 11:30 p.m., Sunday through Wednesday, and 11:00 a.m. to 1:00 a.m., Thursdey through Saturday" B. Location of Project: 510 E. Live Oak Avenue In the City of Arcadia, County of Los Angeles C. Name of Applicant, Sponsor or Person Undertaking Project: _A. LB. Other (Private) (1) Name (2) Address C. C. Chana fReDresentina Care Fusion! 510 E. Live Oak Avenue. Arcadia. CA 91006 The Planning Commission 0 City Council 0, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to the public meeting of the Planning CommissionlCity Council, including the recommenda~on of the City's staff, does hereby find and declare that the proposed project will not have a siginificant effect on the environment. A brief statement of the reasons supporting the Planning Commission'slCity Council's findings are as follows: The City Council 0 Planning Commission 0, hereby finds that the Negative Declaration reflects its independent judgement. A copy of the Initial Study may be obtained at: Community Development Division City of Arcadia 240'W. Huntington Dr. Arcadia, CA 91007 (626) 574-5423 The location and custodian of the documents and any other material which constiture the record of proceedings upon which the City based its decision to adopt this Negative Declartion are as follows: Community Development Division City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 (626) 574-5423 Date: '$-2)_PI/ Date Received for filing Form "E" ~ t...-I. AsSIS7.d?VT ~WJ#~ Staff 4103 e File No. CUP 04-002 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Conditional Use Permit No. CUP 2004-002 2. Project Address (Location) 510 E. Live Oak Avenue 3. Project Sponsor's Narne, Address & Telephone Number: C. C. Chang 510 E. Live Oak Avenue, Arcadia, CA 91006 (626) 574-7823 . 4. Lead Agency Narne & Address: City of Arcadia - Development Services Department Community Development Division -- Planning Services 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 5. Lead Agency Contact Person & Telephone Number: Donna Butler, Community Development Administrator (626) 574-5442 6. General Plan Designation: Commercial 7. Zoning Classification: C-2 8. Description of Project: (Describe the whole action involved, Including but not limited to later phases of the project and any secondary, support, or off-site features necessary for Its implementation. Attach additional sheets if necessary.) The sale of beer and wine in an existing 2,000 sq.ft. restaurant with 68 seats and operation hours of 11:00 a.m. to 11:30 p.m., Sunday through Wednesday, and 11 :00 a.m. to 1:00 a.m., Thursday through Saturday. It CEOA Env. Checklist Part 1 -1- 4103 e . e File No. CUP 04-002 9. Surrounding Land Uses' and Setting: (Briefly describe the project's surroundings.) North: South: East: West: Commerical Retail Center and Service Station; zone C-2 Single-family dwellings; L.A. County area Beauty Salon; zoned C-2 Japanese Restaurant; zoned C-2 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): The City Building Services, Engineering Division, Fire Marshall, Public Works Services, and Water Services will review the construction plans for the tenant improvements for compliance with all applicable construction and safety codes and will oversee construction and installation of any necessa'Y infrastructure or improvements on-site and/or within and along the public right-of-way. The tenant improvements for the coffee shop will also be reviewed by the Los Angeles County Health Department for compliance with local health codes. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Biological Resources [ ] Geology/Soils [ ] Hydrology/Water Quality [ ] Mineral Resources [ ] Population & Housing [ ] Recreation [ ] Utilities and Service Systems [ ] Mandatory Findings of Significance [ ] Air Quality [ ] Cultural Resources [ ] Hazards & Hazardous Materials [ ] Land Use & Planning [ ] Noise [ ] Public Services [ ] Transportation / Circulation DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. CECA Env. Checklist Part 1 -2- 4/03 e . e File No. CUP 04-002 [] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, an ENVIRONMENTAL IMPACT REPORT is required. [] I find that the proposed project MAY have a significant effect on the environment, but that at least one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards and has been addressed by mitigation measures based on that earlier analysis as described on attached sheets, and if any remaining effect is a .Potentially Significant Impact" or "Potentially Significant Unless Mitigated: an ENVIRONMENTAL IMPACT REPORT is required, but it only needs to analyze the effects that have not yet been addressed. [] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report pursuant to applicable standards and have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ~5d-- !:lo"";> r. C ~?-5 -c>q.. Date Signature ~AsLI Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation Is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects such as the one involved (e.g., the project is not within a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole ectlon Involved, including off-site as well as on-site, cumulative as well as project-level, Indirect as well as direct, and construction related as well as operational impacts. " CEQA Env. .CheckJist Part 1 -3- 4/03 e . e File No. CUP 04-002 3. .Potentlally Significant Impacr is appropriate if there is substantial evidence that an effect is significant. If there are one or more, .Potentially Significant Impacr entries when the determination is made, an Environmental Impact Report Is required. 4. .Potentially Signifjcant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from .Potentially Significant impacf' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17 "Earlier Analyses" may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration (Section 15063(c)(3)(D)}. Earlier analyses are discussed in Section 17 at the end of the checklist. a) Earlier Analyses Used: Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures, For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address sJte.,specific conditions for the project. 6, Lead agencies ate encouraged to incorporate into the checklist, references to Information sources for potential Impacts (e.g., general plans, zoning ordinances). Reference toa previously prepared or outside document should, where appropriate. include a reference to the page or pages where the statement is substantiated. 7. Supporting Information .Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each Issue should identify: a) The significance criteria or threshold, if any. used to evaluate each question: and b) The mitigation measure Identified, if any, to reduce the Impact to less than significant. CECA Env. Checklist Part 1 -4- 4/03 File No.: CUP 04-002 e Less Than Potentially Slgnlftcant Less Than Significant With Significant No Impact Mitigation Impact Impact IncotpOl'ation 1. AESTHETICS - Would the project a) Have a ,substantial adverse effect on a scenic vista? 0 0 0 181 b) Substantially damage scenic resources, Including, but not limited 0 0 0 181 to, trees, rock outcroppings, and historic buildings within a state scenic highway? - 3. e c) Substantially degrade the existing visual character or quality of the site and Its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? o o o 181 o o 181 o The proposed restaurant will be in an existing retail building on a strip commercial street in a fully developed area and will not have any of the above impacts. a) AGRICULTURE RESOURCES - In determining whether impacts to agriculture resources are significant environmental effects, lead agencies may refer to the Callfomla Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the Callfomia Dept. of Conservation as an optional model to use In assessing impacts on agricultura and farmland. Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the Callfomla Resources Agency to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? o o o 181 o o o 181 o o o 181 The proposed restaurant will be in an existing ratail building on a strip commercial street in a fully developed area and will not have any of the above impacts. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: CEQA Checklist 5 4-03 e - e a) Conflict with or obstruct implementation of the applicable air quality plan? b). Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result In a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? e) Expose sensitive receptors to substantial pollutant concentrations? f) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact o o o o o File No.: CUP 04-002 Less Than Significant With Mitigation Incorporation o o o o o Less Than Significant Impact o o o o o No Impact 181 181 181 181 181 The proposed restaurant will be in an existing retail building on a strip commercial street in a fully developed area. Because the proposed use is subject to applicable air quality regulations as administered by the South Coast Air Quality Management District, It will not have any of the above impacts. 4. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any sp~cies identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified In local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to , marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fISh or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? CEQA Checklist 6 o o o o o o o o o o o o f8I f8I f8I f8I 4-03 File No.: CUP 04-002 e Potentially Significant Impact Less Than Significant With MlUgation Incorporation Less Than Significant Impact No Impact e) Conflict with any local policies or ordinances protecting biological 0 0 0 [81 resources, such as a tree preservation polley or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation 0 0 0 [81 Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? The proposed restaurant "will ba in an existing retail building on a strip cornmercialstreatin a fully developed area end will not have any of the above impacts. 5. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change In the significance of a 0 0 0 [81 historical resource as defined in !l15064.5? b) Cause a substantial adverse change in the Significance of an 0 0 0 181 . archaeological resource pursuant to !l15064.5? c) Directly or Indirectly destroy a unique paleontological resource or 0 0 0 181 site or unique geOlogic feature? d) Disturb any human remains, including those interred outside of 0 0 0 181 fonnal cemeteries? The proposed restaurant will be In an existing retail building on a strip commercial street in e fully developed area and will not have any oftha abova impacts. 6. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse 0 0 0 [81 effects, including the risk of loss, Injury; or death involving: i) Rupture of a known earthquake fault, as delineated on the 0 0 0 [81 most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. II) Strong seismic ground shaking? 0 0 0 181 e iii) Seismic-related ground failure, Including liquefaction? 0 0 0 [81 CEQA Checklist 7 4-03 e - It d) v) landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. and potentially result In on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Significant Impact o o o o o File No.: CUP 04-002 Less Than Significant With Mitigation Incorporation o o o o o Less Than Slgnlflcant Impact o o o o o No Impact ~ ~ ~ ~ ~ The proposed restaurant will be In an existing retail building on a strip commercial street in a fully developed area. The subject location has not been determined to be especially susceptible to any of the above geologic problems and is not within a Seismic Hazard Area identified by the Seismic Hazard Mapping Act. The proposal does not include any excavation, grading or filling. No unique geologic features have been identified at the site. The project is connected to the local sewer system. The project will not have any of/he above impacts. 7. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials Into the environment? . c) emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to CEQA Checklist 8 o o o o o o o o o o o o ~ ~ ~ ~ 4-03 e . e d) the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result In a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working In the project area? g) Impair Implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a sigificant rlsk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where resldencas are intermixed with wildlands? PotenUally Significant Impact o o o o File No.: CUP 04-002 Less Than Significant Witll MiUgaUon IncorporaUon o o o o Less Than Significant No Impact Impact o o o o [81 [81 [81 [81 The proposed restaurant WI71 be In an existIng retalr buildIng on a strip commercial street in a fully developed area and will not have any of/he above impacts. 8. HYDROLOGY AND WATER QUALITY - Would the project: a) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowerlng of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? b) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off.site? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially Increase the rate or amount of surface runoff in a manner which would result in fiooding on. or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide CEQA Checklist 9 o o o o o o o o o o o o [81 [81 [81 [81 4-03 e . en) substantial additional sources of polluted runoff? e) Otherwise substantially degrade water quality f) Violate any other water quality standards or waste discharge requirements? g) Place housing within a 1 OO-year flood hazard area, asmapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a tOO-year floodplain structures which would Impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, Including flooding as a result of the failure of a levee or dam? j) Expose people or structures to Inundation by seiche, tsunami or mudflow? k) During project construction, will it create or contribute runoff water that would violate any water quality standards or waste dischrage requirements, including the terms of the CIty's municipal separate stromwater sewer system persmit? I) After the project is completed, will it create or contribute runoff water that would violate any water quality standards or waste dischrage requirements, including the terms of the City's municipal separatestormwater sewer system permit? m ) Allow polluted stormwater runoff from delivery areas or loading docks or other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered, or other outdoor work areas, to impair other waters? Potential for discharge of stormwater to cause significant harm on the biological integrity of the waterways and water bodies including municipal and comestic supply, water contact or non- contact recreation and groundwater recharge? CECA Checklist 10 Potentielly Significant Impact o o o o o o o o o o File No.: CUP 04-002 Less Than Slgnlflcant With Mitigation Incorporation o o o o o o o o o o Less Than Significant Impact o o o o o o o o o o No Impact IZI IZI IZI IZI IZI IZI IZI IZI IZI IZI 4-03 File No.: CUP 04..Q02 - Potentially Significant Impact Less Than Significant With Mltigetion Incorporation Less Than Significant Impact No Impact 0) Dlschrage stormwater sothat significant harm is caused to the D D D IZI biological integrity of waterways or water bodies? p) Ssignificantly alter the flow velocity or volume of storm water D D D IZI runoff that can use environmental harm? q) Significantly increase erosion. etther on or off-stie? D D D IZI The proposed restaurant will be in an existing rI1tail building on a strip commercial strl1et In a fully developed area. The proposed use will be subject to an Industrial Wastewater Discharge Permit so es not to violate Regional Water Quality Control Board water quality standards or waste discharge rI1quirl1ments. The proposal will not alter absorption rates, drainage pattems, surface runoff, surface water conditions, or ground water conditions. The site is within the Santa Anita Dam Inundation Area, but will not expose people to any additional or Increased hazard levels. The project will not hava any of the above impacts. 9. LAND USE AND PLANNING - Would the project: e a) Physically divide an established community? D D D IZI b) Conflict with any applicable land use plan, policy, or regulation of D D D IZI an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural D D D IZI community conservation plan? The proposed restaurl1nt will be in an existing rI1tall building on a strip commercial street in a fully developed erea and will not have any of the above Impacts. 10. MINERAL RESOURCES - Would the project a) Result in the loss of availability of a known mineral resource that D D D IZI would be of value to the region and the residents of the state? b) Result In the loss of availability of a locally-important mineral D D D IZI resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed restaurant will be in an existing retail building on a strip commercial straet In a fully developed e area and will not have any of the above impacts. CEOA Checklist 11 4-03 e e) . e 11. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels In the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact o o o o o o File No.: CUP 04-002 Less Than Significant With Mitigation Incorporation o o o o o o Less Than Significant Impact o o o o o o No Impact !81 !81 !81 !81 !81 !81 The proposed restaurant will be in an axisting retail building on a strip commercial street in a fUlly developad area and will not have any of the above impacts. 12. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example. by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b} Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o o o o o o o !81 !81 !81 The proposed restaurant will be In an existing retail building on a strip commercial street in a fully developed area and will not have any of the above impacts. 13. PUBLIC SERVICES - Would the project: CECA Checklist 12 4-03 e a) Result in substantial adverse physical Impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause significant environmental Impacts. in order to maintain acceptable servica ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Significant Impact o o o o o File No.: CUP 04-002 Less Than Significant With Mitigation Incorporation o o o o o less Than Significant Impact o o o o o No Impact f81 f81 f81 f81 181 The proposed restaurant will be in an existing retail building on a strip commercial street in a fully developed area and will not have any of the above impacts. _ RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilltywould occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recraational facilities which have an adverse physical effect on the environment? o o o o o o 181 181 The proposed restaurant will be in an existing retail building on a strip commercial street in a fully developed area and will not have any of the above impacts. 15. TRANSPORTATIONfTRAFFIC - Would the project: a) Cause an increase in traffic which Is substantial in relation to the existing traffic load and capacity of the street system (i.e., resultin a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at Intersections)1 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? e c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in CEOA Checklist 13 o o o o o o o o o 181 f81 181 4-03 e -. e) e substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in Inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting altemative transportation (e.g., bus tumouts, bicycle racks)? PotenUally Signlllcant Impact o o o o File No.: CUP 04-002 Less Than Significant With MltigaUon IncorporaUon o o o o Le.. Than Significant Impact o o o o No Impact 1:&1 1:&1 1:&1 1:&1 The proposed resfaurant will ba in an existing retail building on a strip commarcial street in a fully devaloped araa and will not have any of the above impacts. Although there is a slight parking deficiency according to code requirements, the parking area is underutilized sinca the other uses in the center ara not intense. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water'supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et seq. (58 610), and the requirements of Govemment Code Section 664737 (SB221). Result in a determination by the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? CEOA Checklist 14 o o o o o o o o o o o o o o o 1:&1 1:&1 1:&1 1:&1 1:&1 4-03 File No.: CUP 04-002 e Potentially Significant Impact Less Than Significant WIIh Mitigation Incorporation Less Than Significant Impact No Impact f) Be served by a landfill with sufficient permitted capacity to 0 0 0 ~ accommodate the project's solid waste disposal needs? g) Comply with federal, state and local statues and regulations 0 0 0 ~ related to solid waste? The proposed resteurant will be In an existing retail building on a strip commercial street in a fully developed area and will not have any of the above Impacts. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the 0 0 0 ~ environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife popUlation to drop below self-sustaining levels, threaten to eliminate a plant. or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major periods of California history or prehistory? e b Does the project have impacts that are individually limited, but 0 0 0 ~ cumulatively considerable? ("Cumulatively considerable" means that the Incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause 0 0 0 ~ substantial adverse effects on human beings, either directly or Indirectly? The proposed restaurant will be In an existing retail building on a strip commercial street In a fully developed erea and will not have any of the above Impacts. e CEQA Checklist 15 4-03 - . e RESOLUTION NO. 1704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004-002 FOR THE SALE OF BEER AND WINE IN AN EXISTING 2,000 SQ.FT. RESTAURANT (D.B.A. CAF~ FUSION) WITH 68 SEATS AND OPERATION HOURS OF 11:00 A.M. TO 11:30 P.M., SUNDAY THROUGH WEDNESDAY, AND 11:00 A.M. TO 1:00 A.M., THURSDAY THROUGH SATURDAY, AT 510 E. LIVE OAK AVENUE. WHEREAS, on March 8, 2004, a conditionallise permit application was filed by C. C. Chang, agent of Caft! Fusion, for the sale of beer and wine in an existing 2,000 sq.ft. Restaurant (d.b.a. Caft! Fusion) with 68 seats and operation hours 11 :00 a.m. to 11:30 p.m., Sunday through Wednesday, and 11:00 a.m. to 1:00 a.m., Thursday through Saturday (Development Services Department Case No. CUP 2004-002) at property commonly known as 510 E. Live Oak Avenue; and WHEREAS, a pUblic hearing was held on April 27, 2004, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report 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 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. e e e 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. SECTION 3. That for the foregoing reasons this commission grants Conditional Use Permit no. CUP 2004-002 for the sale of beer and wine in an existing 2,000 sq.ft. restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours of 11 :00 a.m. to 11 :30 p.m., Sunday through Wednesday, and 11 :00 a.m. to 1 :00 a.m., Thursday through Saturday at 510 E. Live Oak Avenue, upon the following conditions: 1. The hours of operation shall be limited to 11 :00 a.m. to 11 :30 p.m., Sunday through Thursday, and 11 :00 a.m. to 1 :00 a.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. The sale of beer and wine is incidental to the restaurant use only and is not intended for off-premise consumption or a bar use. 4. The maximum number of seats shall be 68 or the maximum occupancy as determined by Building Services, whichever Is lower. 5. The use approved by CUP 2004-002 Is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2004-002. 6. A separate sign design review application shall be submitted for all new signs on the premises. 7. Any exterior alteration to the building requires the filing and approval of a design review application. 8. All conditions of approval shall be complied with prior to opening the restaurant. Noncompliance with the plans, provisions and conditions of approval for CUP 2004-002 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 9. Approval of CUP 2004-002 shall not take effect until the property owner(s), and applicants have executed and flied the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 2 1704 e . e 10. 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 Govemment 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 conceming 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 April 27, 2004, by the following vote: 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 ofthe City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 27th day of April, 2004, by the following votes: AYES: NOES: Chairman, Planning Commission City of Arcadia ATTEST: Secretary, Planning Commission City of Arcadia 3RO~1D AS JP F R~ ~i~ I~ I. Stephen P. Deitsch, City Alfomey 3 1704