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HomeMy WebLinkAbout1825RESOLUTION NO. 1825 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -16 TO ALLOW THE INTERIM USE OF A TENT AS A TEMPORARY PATIO COVER FOR AN OUTDOOR DINING AREA DURING THE HOLIDAY SEASON AT 233 E. HUNTINGTON DRIVE. WHEREAS, on November 10, 2010, an application was filed by Mr. Michael Thomas for the interim use of a tent as a temporary patio cover for an outdoor dining area to accommodate the expected holiday customers while plans are being completed for a permanent expansion of the restaurant; Development Services Department Case No. CUP 10 -16, at 233 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on November 23, 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 November 23, 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 use of a tent as a temporary patio cover will not adversely affect other businesses and uses in the area. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized by Section 9275.1.53.5 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 use of a tent as a temporary patio cover will not involve any changes to the existing landscaping, parking, or permanent alterations to the exterior of the building. 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 Huntington Drive which is adequate in width and pavement type for the commercial traffic that is and will be generated by the subject business and the other businesses in the area, including any additional commercial traffic resulting from the use approved by Conditional Use Permit No. CUP 10 -16. 5. That the granting of Conditional Use Permit No. CUP 10 -16 will not adversely affect the comprehensive General Plan because a restaurant with outdoor dining is consistent with the General Plan Land Use Designation for the subject area. 6. That the use of a tent as a temporary patio cover for outdoor dining qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of a small commercial structure per Section 15301(e) 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 -16, for the interim use of a tent as a temporary patio cover for an outdoor dining area at 233 E. Huntington Drive, subject to the following conditions: 1. The use of the tent shall be limited to the holiday seasons, November 24, 2010 through January 3, 2011, and November 23, 2011 through January 2, 2012. The tent shall be removed during the time between and after these holiday periods. This does not preclude the 2 1825 use of the tent for short -term, special events that may be held at the restaurant at other times of the year with an approved Special Event Permit. 2. The use approved by CUP 10 -16 is limited to the proposed temporary patio cover for an outdoor dining area and it shall be utilized and maintained in a manner that is consistent with the proposal submitted and approved for CUP 10 -16, subject to the satisfaction of the Development Services Director or designee. 3. The applicant shall provide in a timely manner the necessary documents and materials for the Conditional Use Permit application for the permanent addition to the restaurant and if a Conditional Use Permit is not approved by May 31, 2011, this approval shall be null and void and a tent may no longer be used for the holiday seasons, including the holiday season of November 23, 2011 through January 2, 2012. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 10- 16 shall be grounds for immediate suspension or revocation of any approvals. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 6. 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 3 1825 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. 7. Approval of CUP 10 -16 shall not take effect until the property owner(s), applicant, and business owner(s) /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. ATTEST: SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day of /)JE 010. rW/11111.1111....__. Secre tanning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 4 ning Commission 1825 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. 1825 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 23th day of November, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None ry o the Planning Commission