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HomeMy WebLinkAbout1818RESOLUTION NO. 1818 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -06 TO AMEND CUP 91 -12 (RESOLUTION 1470) TO INCREASE THE MAXIMUM ALLOWABLE SEATING TO 48 PERSONS AND ALLOW THE SERVING OF ALCOHOLIC BEVERAGES FOR ON -SITE CONSUMPTION AT THE 1,640 SQUARE -FOOT RESTAURANT LOCATED AT 411 E. HUNTINGTON DR., SUITE 122. WHEREAS, on April 8, 2010, an application was filed by Golden Dragon Restaurant Enterprises, Inc. to amend CUP 91 -12 (Resolution 1470) to increase the maximum allowable seating to 48 persons and allow the serving of alcoholic beverages for on -site consumption at the 1,640 square -foot restaurant; Development Services Department Case No. CUP 10- 06, at 411 E. Huntington Dr., Suite 122; and WHEREAS, a public hearing was held by the Planning Commission on May 25, 2010, 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 submitted by the Development Services Department in the staff report dated May 25, 2010 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the expanded seating and serving of alcoholic beverages is consistent with other restaurants located at this commercial center. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. Section 9275.1.53.5 of the Arcadia Municipal Code allows for a restaurant at this location with an approved Conditional Use Permit. 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. 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 property is accessible from E. Huntington Drive, which is adequate in width and pavement type for the traffic demand of the businesses in the area, including the restaurant that is approved by Conditional Use Permit No. CUP 10 -06. 5. That the granting of Conditional Use Permit No. CUP 10 -06 will not adversely affect the comprehensive General Plan because a restaurant is consistent with the General Plan Land Use Designation for the subject area. 6. That increasing the maximum seating and permitting alcoholic beverages to be served for on -site consumption at the existing restaurant qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) as 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. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -06 to amend CUP 91 -12 (Resolution 1470) to increase the maximum allowable seating to 48 persons and allow the serving of alcoholic beverages for on -site consumption at the existing 1,640 square -foot restaurant, subject to the following conditions: 1. The seating for the restaurant shall not exceed 48 seats. 2 1818 2. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 10 -06 subject to the satisfaction of the Community Development Administrator. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 4. 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, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 5. 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 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. 6. Approval of CUP 10 -06 shall not take effect until the property owner(s) and applicant have executed and filed the Acceptance Form available from the Development 3 1818 ATTEST: Services Department to acknowledge 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 gtiJay of ,Tune Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 2010. /!/Als. emu R" an P' nning Commission 4 1818 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. 1818 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 8th day of June, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek Secr of the Planning Commission