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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. 2 6673 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 3 6673 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 4 6673