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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. 2 1827 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 3 1827 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 4 1827 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