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
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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
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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
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