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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 -1- 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: -2- 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. -3- 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. [SIGNATURES ON NEXT PAGE] -4- Passed, approved and adopted this 5th day of April , 2011. ‘ 1.4/4 j4 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 -5- 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 -6-