HomeMy WebLinkAbout1828RESOLUTION NO. 1828
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. CUP 10-
20 WITH A PARKING MODIFICATION TO CONVERT THE EXISTING 2,274
SQUARE FOOT, TAKE -OUT FOOD SERVICE ESTABLISHMENT TO A
RESTAURANT WITH A DINING AREA FOR 20 PATRONS AT 142 E. DUARTE
ROAD.
WHEREAS, on December 21, 2010, a Conditional Use Permit No. CUP 10 -20 was filed
by Raymond Kwan to convert the existing 2,274 square foot, take -out eating establishment to a
restaurant with a dining area for 20 patrons at 142 E. Duarte Road; and,
WHEREAS, a public hearing was held by the Planning Commission on February 8,
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 February 8, 2011 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will be detrimental to the public
health or welfare, or injurious to the property or improvements in such zone or vicinity because
the existing on -site parking is inadequate to support the proposed conversion from a take -out
food service to a restaurant.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized; however, the applicant could not satisfy the parking
requirements or provide an alternative method to mitigate the parking deficiency for the
requested Conditional Use Permit as specified in Section 9269.5 et seq. of the Arcadia
Municipal Code.
3. That the site for the proposed use is not adequate in size and shape to
accommodate the proposed restaurant use due to inadequate on -site parking and the project
did not satisfy the city's parking requirements.
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. Duarte Road to the north and 2
Avenue to the east of the site are adequate to serve the existing shopping center and the new
restaurant.
5. That the granting of Conditional Use Permit No. CUP 10 -20 will not adversely affect
the comprehensive General Plan. The proposed restaurant is a commercial use that is
consistent with the General Plan land use designation.
6. That the project described as proposed Conditional Use Permit No. CUP 10 -20
qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act
(CEQA) per Section 15303(c) of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission denies Conditional Use
Permit No. CUP 10 -20 (3 -1 dissenting) to convert the existing take -out eating establishment to a
restaurant use with a dining area for 20 patrons at 142 E. Huntington Drive.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
ATTEST:
Passed, approved and adopted this ..2A day of Ft.13QuA j. 2011.
S etary, Planning Commission
APPROVED AS TO FORM:
G? t
Stepher'1 P. Deitsch, City Attorney
2
arming Commission
1828
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF ARCADIA
1, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia,
hereby certify that the foregoing Resolution No. 1828 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 22nd day of
February, 2011 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
ABSENT: None
ry of the Planning Commission