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HomeMy WebLinkAbout1799RESOLUTION NO. 1799 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09-13 AND THE RELATED PARKING MODIFICATION FOR A 1,244 SQUARE-FOOT RESTAURANT WITH SEATING FOR 48 PATRONS AT 1228 S. GOLDEN WEST AVENUE. WHEREAS, on June 10, 2009, a Conditional Use Permit application was filed by He (Caroline) Yang for a 1,244 square-foot restaurant with seating for 48 patrons; Development Services Department Case No. CUP 09-13, at property commonly known as 1228 S. Golden West Avenue; and WHEREAS, a public hearing was held by the Planning Commission on July 14, 2009, 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 provided by the Development Services Department in the staff report dated July 14, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09-13 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption per Section No. 15301 of the CEQA Guidelines. 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, parking, and other features 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 Conditional Use Permit No. CUP 09-13 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 09-13 and the related Parking Modification for a 1,244 square-foot restaurant, subject to the following conditions: 1. The business hours of the restaurant shall be limited to 11:00 a.m. to 10:00 p.m., seven (7) days a week. 2. The seating area for the restaurant shall not exceed 48 seats, or the maximum occupancy load as determined by the Building Official and Fire Marshal, whichever is less. 3. A Parking Modification of 383 spaces in lieu of 422 spaces required is granted for the proposed restaurant and existing uses at the shopping center. This Parking 2 Resolution No. 1799 Modification does not constitute an approval for general reduction of the parking requirements for the subject property, but rather only for the restaurant that is herein conditionally approved, and the existing uses at the center. Uses other than this restaurant may be subject to a new Conditional Use Permit and/or Parking Modification. 4. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 09-13, subject to the satisfaction of the Community Development Administrator. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09-13 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the office building. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, City Engineer, and Public Works Services Director. 7. 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 3 Resolution No. 1799 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. 8. Approval of CUP 09-13 shall not take effect until the property owner(s) and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 28th day of July, 2009. , Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 4 Resolution No. 1799