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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 -2- 1819 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 -3- 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