HomeMy WebLinkAbout6673RESOLUTION NO. 6673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE
PERMIT APPLICATION NO. CUP 08-OS AND THE RELATED
PARKING MODIFICATION FOR AN EXISTING 2,390
SQUARE-FOOT CAFE AND YOGURT SHOP TO ADD
SEATING FOR 18 PATRONS AT 643 W. DUARTE ROAD.
WHEREAS, on June 13, 2008, a Conditional Use Permit application was filed
by Boba Tea Zone, Inc. for an existing 2,390 square-foot cafe and yogurt shop to add
seating for 18 patrons; Development Services Department Case No. CUP 08-05, at
property commonly known as 643 W. Duarte Road; and
WHEREAS, a public hearing was held on November 25, 2008, at which time all
interested persons were given full opportunity to be heard and to present evidence; and
WHEREAS, on December 9, 2008 the Planning Commission voted 4 to 0, with
one member absent, to adopt Planning Commission Resolution No. 1784 denying CUP
08-05; and
WHEREAS, on December 15, 2008, Planning Commission Resolution No. 1784
was appealed to the City Council; and
WHEREAS, a duly noticed public hearing was held before the City Council on
January 20, 2009, at which time all interested persons were given full opportunity to
be heard and to present evidence.
SECTION 1. That the factual data provided by the Development Services
Department in the staff report dated January 20, 2009 is true and correct.
SECTION 2. This Council finds:
A. That the granting of the Conditional Use Permit would be detrimental to the
public health and welfare, and injurious to the property and improvements in the zone
or vicinity because the existing on-site parking facilities are inadequate to support the
proposed eating establishments.
B. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized; however, the applicant could not satisfy the
parking requirements for the requested conditional use as specified in Section 9269.5 et
seq. of the Arcadia Municipal Code.
C. That the site for the proposed use is not adequate in size and shape to
accommodate said use due to inadequate on-site parking.
D. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use, but the on-site parking
is insufficient to accommodate the proposed use.
E. That the granting of such Conditional Use Permit will adversely affect the
comprehensive General Plan because there is insufficient on-site parking to
accommodate the proposed use, which would be detrimental to the public welfare.
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F. That the proposed project is a minor alteration of an existing facility and is
therefore exempt from the California Environmental Quality Act (Class 1 Categorical
Exemption, Section No. 15301).
SECTION 3. That for the foregoing reasons this Council denies Conditional
Use Permit Application No. CUP 08-OS and the related parking modification to allow
an existing 2,390 square-foot cafe and yogurt shop to add seating for 18 patrons at 643
W. Duarte Road.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 3~a day of February, 2009.
Mayor of the City of Arcadia
ATTEST:
~..,~ -~_
rty Clerk
APPROVED AS TO FORM:
C'• ~~-~, ,~-~
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6673 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 3rd day of February, 2009 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Wuo and. Harbicht
NOES: None
ABSENT: None
ABSTAIN: Council Member Kovacic
_lFT
ity Clerk of the City of Arcadia
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