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HomeMy WebLinkAbout1801RESOLUTION NO. 1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09 -09 FOR A 960 SQUARE -FOOT EXPANSION TO AN EXISTING 2,040 SQUARE -FOOT RESTAURANT LOCATED AT 510 -512 E. LIVE OAK AVENUE, AND APPROVAL FOR THIS RESTAURANT TO UTILIZE OFF -SITE PARKING AT 610 -618 E. LIVE OAK AVENUE IN LIEU OF THE REQUIRED ON -SITE PARKING FOR THIS EXPANSION. WHEREAS, on May 14, 2009, a Conditional Use Permit application was filed by Michael Hsiao for a 960 square -foot expansion to an existing 2,040 square -foot restaurant; Development Services Department Case No. CUP 09 -09, at property commonly known as 510 -512 E. Live Oak Avenue; 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 -09 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 3 Categorical Exemption per Section No. 15303 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 and other features including the shared parking with the other businesses in the same center, 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 -09 will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square -foot restaurant, subject to the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the 960 square -foot expansion area limited to 5:00 p.m. to 10:30 p.m., Sunday through Thursday, and 5:00 p.m. to 11:30 p.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. There shall be no karaoke permitted, and any karaoke related equipment shall be removed from the premises. 2 1801 4. Live entertainment shall not be permitted, and any live entertainment equipment shall be removed from the premises. 5. The sale of beer and wine is to be incidental to the restaurant use. Sales for off premise consumption or a bar -type use are not allowed. Beer and wine can only be served in conjunction with the serving of meals. 6. The maximum number of seats shall be 82 or the maximum occupancy as determined by Building Services and Fire Prevention, whichever is lower. 7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -09. 8. A separate sign design review application shall be submitted to the City for approval of all new signs on the premises. All unpermitted signs shall be removed. 9. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 10. Conditional Use Permit No. CUP 09 -09 includes a Parking Modification to allow 14 on -site parking spaces and the use of 16 off -site parking spaces at 600 -618 E. Live Oak Avenue. Agreements /Covenants with the City of Arcadia as a party thereto in forms approved by the City Attorney for the off -site parking spaces shall be executed, recorded in the Office of the County Recorder, and maintained at all times that the off site parking is required for the use approved by CUP 09 -09. The Agreements /Covenants shall be recorded for both the restaurant property at 510 -512 E. Live Oak Avenue and the property where the supplemental off -site parking is to be 3 1801 maintained; 600 -618 E. Live Oak Avenue. This Parking Modification does not constitute an approval of a general reduction or alteration of the parking requirements for the subject property, but rather only for the restaurant that is herein conditionally approved. Uses other than this restaurant shall be subject to a new Conditional Use Permit and /or Parking Modification. 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. 12.AII conditions of approval shall be satisfied within 60 days and prior to use of the expansion area. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -09 shall be grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04 -02, which could result in the closing of the entire restaurant. 13. 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 4 1801 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. 14.Approval of CUP 09 -09 shall not take effect until the property owner(s), and applicants 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 24 day of November, 2009. ATTEST: ry a ning Commission APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 1801