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HomeMy WebLinkAbout1807RESOLUTION NO. 1807 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09 -18 FOR AN EXISTING 2,634 SQUARE -FOOT BAKERY TO PROVIDE 20 SEATS AND SERVE BREAKFAST FROM 6:30 A.M. TO 10:00 A.M., SEVEN DAYS A WEEK, AT 1130 S. BALDWIN AVENUE, UNIT A3. WHEREAS, on September 15, 2009, a Conditional Use Permit application was filed by Daphne Shen of Pacific Design Group for an existing 2,634 square -foot bakery (dba: JJ Bakery) to provide 20 seats and serve breakfast from 6:30 a.m. to 10:00 a.m., seven days a week.; Development Services Department Case No. CUP 09 -18, at property commonly known as 1130 S. Baldwin Avenue, Unit A3; and WHEREAS, a public hearing was held by the Planning Commission on October 27, 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 October 27, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09 -18 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 expansion of the bakery will not conflict with the other uses at the subject commercial center or those in the general neighborhood, and will be implemented in compliance with all applicable building, safety and health codes. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized by Section 9275.1.45.1 of the Arcadia Municipal Code. 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. The proposed expansion of the bakery is limited to breakfast service and will not conflict with the other uses at the same center or 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. The subject commercial center is accessible from Baldwin Avenue and Duarte Road, both of which are capable of carrying the type of commercial traffic that the bakery expansion could generate. 5. That the granting of Conditional Use Permit No. CUP 09 -18 will not adversely affect the comprehensive General Plan because the bakery expansion is consistent with the General Plan Land Use Designation for this area. 6. That the expansion of the bakery qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) as a minor alteration of an existing facility per Section 15301 of the CEQA Guidelines. Furthermore, the use applied for will not have a substantial adverse impact on the environment, and 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 wildlife depends. 2 1807 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -18 for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast, subject to the following conditions: 1. The breakfast hours of the bakery shall be limited to 6:30 a.m. to 10:00 a.m., seven (7) days a week. All tables and chairs shall be removed beyond these hours. 2. The seating area for the bakery shall not exceed the lesser of 20 seats or the maximum occupancy load as determined by the Building Official and Fire Marshal. 3. The approval of CUP 09 -18 includes a 25 -space parking modification which is applicable only to the bakery and the other types of uses existing at this center at the time of approval of CUP 09 -18. 4. The bakery shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 09 -18, subject to the satisfaction of the Community Development Administrator. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -18 shall be grounds for immediate suspension or revocation of any approvals, which could result in the removal of the seating. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, health codes and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, 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 3 1807 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. 8. Approval of CUP 09 -18 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 27t" of October, 2009. ATTEST: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney r. Chairman, 'tanning Commission 4 1807 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1807 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 27th day of October 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, and Hsu NOES: Commissioners Baderian and Parrille cretary of the Planning Commission