HomeMy WebLinkAbout1830RESOLUTION NO. 1830
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP
10 -14 FOR A 3,740 SQUARE -FOOT RESTAURANT WITH SEATING FOR UP
TO 180 PATRONS AT AN EXISTING 74,400 SQUARE -FOOT COMMERCIAL
CENTER (ARCADIA LANDMARK CENTER) AT 411 E. HUNTINGTON DRIVE,
SUITE 101C.
WHEREAS, on October 15, 2010, an application was filed by Mr. Tony Leung for a
3,740 square -foot restaurant with seating for up to 180 patrons at an existing 74,400 square -
foot commercial center (Arcadia Landmark Center); Development Services Department Case
No. CUP 10 -14, at 411 E. Huntington Drive, Suite 101C; and
WHEREAS, a public hearing was held by the Planning Commission on February 22,
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 22, 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 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. A restaurant is allowed in the CPD -1 zones with an
approved Conditional Use Permit per Sections 9260.1.12.(13) and 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 proposed
restaurant will increase the parking requirement by 18 spaces; a 3.6% change for an overall
parking deficiency of 88 spaces, which based on an independent traffic study is insignificant in
this case and will be even further mitigated by the conditions of approval.
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. Based on an independent traffic study,
Huntington Drive to the south of the site, Gateway Drive to the west, and the nearby
intersections are adequate to serve the existing shopping center with the new restaurant.
5. That the granting of such Conditional Use Permit 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 of the site.
6. That the project approved under Conditional Use Permit No. CUP 10 -14 qualifies as
a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) as a
conversion of existing facility per Section 15303(c) of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 10 -14 for a 3,740 square -foot restaurant with seating for up to 180 patrons at
an existing 74,400 square -foot commercial center (Arcadia Landmark Center) at 411 E.
Huntington Drive, Suite 101C, subject to the following conditions:
1. The restaurant shall be limited to a maximum dining capacity of 180 seats.
2. The restaurant 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 -14 includes a parking modification of 18 spaces, but is not
an approval of a general reduction of the parking requirements for the subject commercial
space, the subject building, or the subject site.
5. Prior to the proposed restaurant beginning operations, the parking lot signage shall
be enhanced to the satisfaction of the City Engineer to direct patrons to the parking structure.
6. Additional and /or enhanced signage for the '15- minute only' parking spaces shall be
provided to the satisfaction of the City Engineer.
7. The parking structure lighting shall be enhanced to the satisfaction of the
Development Services Director or designee.
8. The use approved by CUP 10 -14 is limited to this restaurant, which shall be
operated and maintained in a manner that is consistent with the proposal and plans submitted
and approved for CUP 10 -14, 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 /or neighboring businesses or properties observed
during these inspections.
9. 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.
10. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -14
shall be grounds for immediate suspension or revocation of any approvals, which could result in
the closing of the restaurant.
11. 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
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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
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.
12. Approval of CUP 10 -14 shall not take effect until the property owner(s),
applicant(s), and business owner(s) and operator(s) have executed and filed an 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.
ATTEST,
Passed, approved and adopted this T " of ins k , N, 2011.
Secr- , Planning Commission
APPROVED AS TO FORM:
C-6:FL, P. f)-15Jr(944
Stephen P. Deitsch, City Attorney
J
hairman, Plariing Commission
4 1830
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. 1830 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
March, 2011 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Beranek, and Parrille
NOES: None
ABSENT: Commissioner Chiao
Secr: ry�of the Planning Commission