HomeMy WebLinkAbout6756 RESOLUTION NO. 6756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
APPLICATION NO. CUP 10 -20 WITH A PARKING MODIFICATION TO
CONVERT THE EXISTING 2,274 SQUARE -FOOT, TAKE -OUT FOOD
SERVICE ESTABLISHMENT TO A RESAURANT AT 142 E. DUARTE
ROAD.
WHEREAS, on December 21, 2010, a Conditional Use Permit application was
filed by Raymond Kwan to convert the existing 2,274 square -foot, take -out food service
establishment to a restaurant at 142 E. Duarte Road; and
WHEREAS, a public hearing was held before the Planning Commission on
February 8, 2011, at which time the Planning Commission denied the project and
adopted Resolution No. 1828 on February 22, 2011; and
WHEREAS, within the prescribed five -day appeal period, the applicant appealed
the project for reconsideration in order to have a full review of the facts and
circumstances prior to a final decision by the City; and
WHEREAS, a public hearing was held by the City Council on March 15, 2011, at
which time all interested persons were given full opportunity to be heard and present
evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated March 15, 2011 are true and correct.
SECTION 2. This City Council finds:
A. That the granting of the Conditional Use Permit would not be detrimental to
the public health and welfare, and injurious to the property and improvements in the
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zone or vicinity because the proposed use will be compatible with the surrounding uses,
it will be an appropriate use for the subject site, and the existing on -site parking is
adequate to support the proposed restaurant.
B. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
C. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, loading, parking and other features are
adequate to adjust said use with the land and uses in the neighborhood. The proposed
project complies with all related zoning requirements as set forth in the Arcadia
Municipal Code.
D. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
E. That the granting of such Conditional Use Permit will not adversely affect
the comprehensive General Plan because the land use and current zoning are
consistent.
F. That the proposed project is a minor alteration of an existing facility and is
therefore exempt from the California Environmental Quality Act Class 3 Categorical
Exemption, Section No. 15303(c).
SECTION 3. That for the foregoing reasons this City Council approves
Conditional Use Permit Application No. CUP 10 -20 with a parking modification to
convert the existing 2,274 square -foot, take -out food service establishment to a
restaurant at 142 E. Duarte Road, upon the following conditions:
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1. 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.
2. The restaurant shall be limited to 20 seats under this Conditional Use Permit.
3. No live music or entertainment is allowed under this Conditional Use Permit.
4. A "No Parking" sign shall be placed on the columns in front of the subject unit.
5. This approval of CUP 10 -20 includes a parking modification to allow for 107
parking spaces instead of 201 spaces required for this restaurant and the shopping
center.
6. The use approved by CUP 10 -20 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 -20, 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-
20 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the restaurant.
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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 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 -20 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 City Clerk shall certify to the adoption of this Resolution.
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Passed, approved and adopted this 5th day of April , 2011.
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Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
CWCIA— ' e d tI r ro_e_4
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6756 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 5th day of April, 2011 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Members Chandler, Harbicht, Kovacic and Amundson
NOES: None
ABSENT: Council Member Segal
z i
ity Clerk of the City of Arcadia
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