HomeMy WebLinkAbout1819RESOLUTION NO. 1819
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 10 -05 TO AMEND CUP 00 -011 FOR THE TEA HOUSE AT 846
WEST DUARTE ROAD.
WHEREAS, on March 29, 2010, an application was filed by Mr. Austin Ming Te
Lee of Tea Central, Inc. (dba: Ten Ren's Tea Time) to amend the previously approved
Conditional Use Permit No. CUP 00 -011 for the existing tea house at 846 West Duarte
Road, Development Services Department Case No. CUP 10 -05; 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 proposed additional outdoor seating will not conflict with the
other uses at this site or the businesses and residences in the surrounding area.
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
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 additional outdoor seating will not interfere with
pedestrian or vehicular access, and the additional parking requirement for such outdoor
seating is minimal.
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 Duarte Road, Golden West Avenue, and Naomi Avenue, all of which
are adequate in width and pavement type for the traffic demand of the subject
restaurant and the proposed additional outdoor seating.
5. That the granting of Conditional Use Permit No. CUP 10 -05 will not
adversely affect the comprehensive General Plan because a restaurant is consistent
with the General Plan Land Use Designation for the subject area, and outdoor seating
is an encouraged feature to add vitality to the City's business areas and enhance the
quality of life of Arcadia residents.
6. That the proposal to add outdoor seating to an existing restaurant qualifies
as a Class 1 Categorical Exemption from the requirements of the California
Environmental Quality Act (CEQA) as a minor alteration and /or negligible expansion of
an existing facility per Section 15301 of the CEQA Guidelines. Furthermore, the
additional outdoor seating at an existing restaurant will not have a substantial adverse
impact on the environment, and based upon the record as a whole there is no evidence
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that the additional outdoor seating 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 -05 for 18 additional outdoor seats at the existing
restaurant at 846 West Duarte Road, subject to the following conditions:
1. Seating for the tea house shall be limited to twenty (20) indoor seats, and
thirty (30) outdoor seats.
2. The use approved by CUP 10 -05 is limited to the tea house, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP10 -05, and shall be subject to periodic inspections and
the provisions of this Conditional Use Permit may be adjusted to address any impacts
to the adjacent streets and neighboring properties.
3. Noncompliance with the plans, provisions and conditions of approval for
CUP 10 -05 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the tea house.
4. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, and parking 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
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1819
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 -05 shall not take effect until the property owner(s),
applicant(s), and business owner(s) and operator(s) 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 8th day of June 2010.
ATTEST:
AN&
Secrr' nning Commission
APPROVED AS TO FORM:
P.
Stephen P. Deitsch, City Attorney
Zar
airman,
anning Commission
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. 1819 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
of the Planning Commission