HomeMy WebLinkAbout1827RESOLUTION NO. 1827
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP
10 -13 FOR AN 822 SQUARE -FOOT COVERED PATIO ADDITION TO AN
EXISTING 5,171 SQUARE -FOOT RESTAURANT AT 333 E. HUNTINGTON
DRIVE.
WHEREAS, on October 14, 2010, an application was filed by Ms. C.C. Chang for an
822 square -foot covered patio addition to an existing 5,171 square -foot restaurant;
Development Services Department Case No. CUP 10 -13, at 333 E. Huntington Drive; and
WHEREAS, a public hearing was held by the Planning Commission on January 11,
2011, 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 January 11, 2011 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.
The proposed restaurant addition will not have any adverse impacts to the neighboring
businesses or properties, and will be required to comply with all County Health Code
requirements.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. An eating establishment is allowed in the CPD -1 zones
with an approved Conditional Use Permit per Section 9275.1.45.1 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 proposed
restaurant addition will increase the parking requirement by 12 spaces; a 2.5% change, which is
insignificant. The proposed addition will eliminate 4 existing parking spaces; a 0.9% change
which is insignificant.
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. Huntington Drive to the south of the
site, and Gateway Drive to the west are adequate to serve the existing shopping center and the
new restaurant expansion.
5. That the granting of Conditional Use Permit No. CUP 10 -13 will not adversely affect
the comprehensive General Plan. The proposed restaurant addition is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
6. That the project approved under Conditional Use Permit No. CUP 10 -13 qualifies as
a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) as a minor
alteration to an existing facility per Section 15301(e) of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 10 -13 for an 822 square -foot covered patio addition to an existing 5,171
square -foot restaurant at 333 E. Huntington Drive, subject to the following conditions:
1. The new covered patio addition shall be limited to a maximum of 32 seats, and
the remainder of the restaurant shall be limited to a maximum of 170 seats.
2. The restaurant and outdoor dining shall not be open between 12:00 midnight and
6:00 a.m., and shall not be open more than 16 hours per day.
3. No live music or entertainment is allowed under this Conditional Use Permit.
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4. This approval of CUP 10 -13 includes a parking modification /reduction of 16
spaces for the 822 square -foot covered patio restaurant addition. This parking modification is
not an approval for a general reduction of the parking requirements for the subject commercial
space, the subject building, or the subject site.
5. All conditions of approval under CUP 89 -07 (P.C. Resolution No. 1411) for the
original 5,171 square -foot restaurant shall remain in effect.
6. The use approved by CUP 10 -13 is limited to the restaurant, which shall be
operated and maintained in a manner that is consistent with the proposal and plans submitted
and approved for CUP 10 -13, and shall be subject to periodic inspections, after which the
provisions of this Conditional Use Permit may be adjusted after due notice to address any
adverse impacts to the adjacent streets and neighboring businesses or properties observed
during these inspections.
7. 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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 10-
13 shall be grounds for immediate suspension or revocation of any approvals, which could
result in the closing of the restaurant.
9. 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
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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.
10. Approval of CUP 10 -13 shall not take effect until the property owner(s), and
applicant(s) have executed and filed an 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 FeA3a Li gy, 2011.
Secr P anning Commission
APPROVED AS TO FORM:
cjac.a
Stephen P. Deitsch, City Attorney
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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. 1827 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
February, 2011 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Chiao and Parrille
NOES: None
ABSENT: Commissioner Beranek
Secr ry of the Planning Commission