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HomeMy WebLinkAbout5776 RESOLUTION 5776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDmONAL USE PERMIT 93-008 TO CONSTRUCT A 50,547 SQUARE FOOT ALBERTSON'S MARKET WITHIN 100 FEET OF RESIDENTIALLY ZONED PROPERTY AND A 2,800 SQUARE FOOT RESTAURANT WITH OUTDOOR SEATING LOCATED WITHIN A 5,934 SQUARE FOOT MULTI-TENANT BUILDING AT 232 AND 300 EAST LIVE OAK AVENUE. WHEREAS, on December 16, 1993, an application was filed by Marketplace Properties for: (1) the construction of a 50,547 square foot Albertson's market within 100 feet of residentially zoned property; .(2) to operate the market 24 hours a day; (3) to sell alcoholic beverages in the market within 150 feet of residentially zoned property; (4) to have an 8'-0" setback along Lynrose Street for the market in lieu of 50'-0" required per City Council Resolution 3180; (5) a conditional use permit for a 2,800 square foot restaurant with outdoor seating located within an adjacent 5,934 square foot mullet-tenant building; and (6) a modification to provide 266 parking spaces in lieu of 296 spaces required for the entire project; Planning Division Case No. c.U.P. 93-008 at 232 and 300 East Live Oak Avenue more particularly described as follows: That portion of Lot 11, as shown on the map of the Western Two-Thirds of the Rancho San Fracisquito, as per map recorded in Book 42 Pages 93 and 94 of Miscellaneous Records, in the office of the county recorder of said County, described as follows: Beginning at the intersection of the easterly line of Tyler Avenue, 80 feet wide, as described in the deed to the County of Los Angeles, recorded in Book 10175 Page 168 of Official Records, wit the Southerly line of Live Oak Avenue, 100 feet wide as widened by condemnation proceedings entered in Superior Court Los Angeles County Case No. 279622 and recorded in Book 12289 Page 277 of Official Records; thence North 800 09' IS" East along said Southerly line of Live Oak Avenue, a distance of 505.98 feet, more or less, to the northwesterly corner of the land described in the deed to Samuel Stone, recorded April 25, 1957 as Instrument No. 877 in Book 54313 Page 272, Official Records; thence South 090 50' 45" East, along the Westerly line of said land of Stone, a distance of 379.78 feet to the Northerly line of Lynrose Street, 60 feet wide; thence South 800 09' IS" West, along said Northerly line to a point in said Northerly line, distant North 800 09' IS" East, a distance of 20.00 feet from its intersection with said Easterly line of Tyler Avenue; thence north 510 14' 25" West, a distance of 26.45 feet, more or less, to the two inch iron pipe in said Easterly line of Tyler Avenue, as shown on the map of Tract 15987, recorded in Book 355 Pages 24 to -1- 5776 26 inclusive of Maps, records of said county; thence North 20 38' 05" West along said Easterly line, to a point in said Easterly line, distance South 20 38' 05" East thereon 145.00 feet from said intersection of said Southerly line of Live Oak Avenue with said Easterly line of Tyler Avenue; 140.00 feet; thence Northerly, parallel with said Easterly line, a distance of 145.00 feet to the true point of beginning. EXCEPT therefrom the Easterly 110 feet. WHEREAS, a public hearing was held on January 25, 1994 before the Planning Commission at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, after the public hearing the Planning Commission voted 5-0 to approve Conditional Use Permit 93-008 and adopted Planning Commission Resolution 1507 reflecting their decision, findings and conditions thereon; and WHEREAS, on January 31, 1994, Louise Parker appealed the Planning Commission's approval. WHEREAS, on March 1, 1994, the City Council heard the appeal; and WHEREAS, as part of the record of this hearing the City Council reviewed and considered: a. All staff reports and related attachments and exhibits submitted by the Planning Division to the Planning Commission and City Council. b. The record of the Planning Commission hearing regarding c.u.P. 93-008. c. All letters and petitions presented to the City Council. d. All oral presentations and testimony made during the public hearing on March 1, 1994. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the factual data submitted by the Planning Division in the staff report is true and correct. Section 2. This Council 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. It was determined that other markets in the City are either adjacent to or across the street from residential property and the proposed location of this market is comparable to every other market in Arcadia. In addition, the Council determined that the project will enhance and improve the business area in south Arcadia. 2. That the use applied for at the location indicated is a proper use for which a Conditional Use Permit is authorized as established in the zoning ordinance. -2- 5776 3. That the site for the proposed market and multi-tenant retail building is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, parking, loading, landscaping and other features are adequate as designed to adjust said use with the land and uses in the neighborhood. 4. The City Council reviewed the traffic report submitted by the applicant which analyzed traffic, parking and circulation for the proposed project. It was determined that a majority of the traffic generated to the site will be from persons residing in the nearby neighborhoods. The City Council agreed with the report's findings that the market and retail shops will not change the level of service at any of the three key intersections identified in the report and there was no persuasive evidence that there would be a significant effect on traffic within the area. To address the concerns of residents on Third Avenue regarding persons using Third Avenue for access to the north, staff recommended that the original condition of approval to restrict vehicles to right turn only from the Live Oak driveway be eliminated. It was further recommended that a portion of the median be removed between Second and Third Avenue (subject to Public Works approval) and be replaced with a two-way left-turn lane. This would allow persons exiting on Live Oak to go either east or west and hopefully reduce the potential impact of traffic on both Third and Fourth Avenues. 5. Live Oak Avenue is designated in the General Plan as a major arterial and Second Avenue is a collector street. In order to limit the impact of vehicles on Lynrose Street, the project has been designed with no driveway entrances onto Lynrose Street. 6. The subject site is designated as mixed use, commercial/industrial on the General Plan. The proposed project is consistent with said designation and will not adversely affect the comprehensive General Plan. 7. Subject to the conditions set forth in this Resolution, the use applied for will not have a substantial adverse impact on the environment. Section 3. That for the foregoing reasons the City Council denies the appeal and sustained the Planning Commission's approval of Conditional Use Permit 93- 008 for the construction of the Albertson's market and related retail building subject to the following conditions: 1. That Fire safety shall be provided to the satisfaction of the Fire Department, including: a. An automatic fire alarm system is required in all areas per Section 3115.1 of the Arcadia Municipal Code. -3- 5776 b. Per Section 3115.2.1.1 (b) 5 of the Arcadia Municipal Code, an automatic fire sprinkler system is required to be provided throughout the premises. c. Fire hydrants shall be installed by the developer to meet the fire flow requirements for the building(s), prior to the beginning of construction. Fire hydrants shall be spaced 300 feet apart on the street or streets bordering the building(s). d. Show location(s) of fire lanes/fire access on plans. e. A Knox Box will be required to be installed in an accessible location, approved by the Arcadia Fire Department. The key box shall be a type approved by the Chief and shall contain keys to gain necessary access to all areas. f. Plainly visible and legible address numbers shall be placed on all buildings and be visible from Live Oak Avenue. Said numbers shall contrast with their background. 2. Conditions as set forth below from the Department of Public Works shall be complied with to the satisfaction of the Director of Public Works. 1) Submit grading and drainage plan prepared by a registered civil engineer subject to the approval of the Director of Public Works. Provide calculations for both the gravity drainage system and the pump drainage system. Computations should show hydrology, hydraulics, elevations, and all the details required on the City's "Pump Drainage" sheet. NOTE: Show all existing and proposed parkway trees, pull boxes, meters, power poles, street lights, driveways, sidewalks and handicapped ramps on grading/ drainage plan. 2) Close existing driveways not to be used and reconstruct curb, gutter and sidewalk to match existing. 3) Construct full width P.C.c. sidewalk on Live Oak Avenue and Tyler Avenue, as per Arcadia City Standard S-17. 4) Obtain permit for all work performed in Public Right-of-Way. 5) Remove and replace deficient or damaged curb, gutter, sidewalk and/or pavement to satisfaction of the City Engineer. Contact Public Works Department for exact locations of removal and replacement. 6) Driveway aprons shall be commercial type and shall be constructed according to the Arcadia Standard Drawing No. S-I1. No driveway shall be constructed closer than three (3) feet from any curb return, fire hydrant, ornamental light standard, telephone or electrical pole, meter box, underground vault or manhole or tree. -4- 5776 NOTE: No portions of existing gutter and A.c. pavement shall be removed unless prior approval is obtained from Director of Public Works. 7) Construct P.c.c. ramp for the handicapped per Arcadia City Standard Drawing No. S-22. 8) Submit street widening plan and traffic striping plan for Tyler Avenue, median modification (including street light relocation), irrigation and landscape plans for Live Oak Avenue west of Third Avenue, and Street Light improvement plans for Live Oak and Tyler Avenue prepared by a registered Civil Engineer on City provided drawing sheets subject to approval of the Director of Public Works. 9) Arrange for underground utility service and dedicate easements to utility companies. 10) Submit plans prepared by a registered Civil Engineer on City provided drawing sheets, subject to approval of the Director of Public Works for the modification to the median on Live Oak Avenue between Second Avenue and Third Avenue to provide for a two-way left-turn lane. 11) Arrange with Edison Company to install two (2) on Tyler Avenue and one (1) on Live Oak Avenue, 22,000 lumen HPSV City-owned (LS-2) street lights with underground circuits. Exact locations to be approved by the Director of Public Works. Contractor shall obtain a lighting standard drawing from the City's Engineering Division. 12) The developer shall also request approval from the County of Los Angeles and satisfy all their off-site improvement conditions. 13) Public Works Inspector shall be contacted at (818) 574-5400, extension 289 at least 24 hours prior to construction of off-site improvements. All Public Works improvements shall be completed to the satisfaction of the Director of Public Works prior to final acceptance by Building and Safety Department and prior to occupancy. 14) All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed. This work will be the responsibility of the permittee and shall be at the permittee's expense. 15) Provide a painted two-way left turn lane on Tyler Avenue from Lynrose Avenue to Live Oak Avenue with all appropriate signing and pavement legends. -5- 5776 16) Improvement drawings for all off-site reconstruction or modification work should. be provided with City approval/signature block for approval by the Director of Public Works. 3. Conditions as set forth below from the Water Division shall be provided to the satisfaction of the Water Manager: 1) Fire protection shall be provided per the Arcadia Fire Department requirements (DCDA required on Fire Service). 2) Any existing services and meters and/or fire hydrants required to be removed, relocated or abandoned will be removed or abandoned by the Arcadia Water Department at the Developer's expense. 3) Any new services required will be installed by the Arcadia Water Department at the Developer's expense. 4) Landscape irrigation and fire sprinkler systems require backflow protection. 5) No water facilities may be in or closer than 3'-0" from any driveway. 6) Backflow protection devices to be screened per standards in the Planning Division. 7) Water meter clearance application to be submitted for meter sizing. NOTE: Arcadia Water Division is able to provide water service from Live Oak Avenue only. 4. That a modification shall be granted for 266 parking spaces in lieu of 296 spaces required. 5. That a modification shall be granted for an 8'-0" setback from the property line along Lynrose Street in lieu of 50'-0" required for the building subject to the revised design submitted by the applicant at the public hearing which includes trellis-like structures encroaching into the 8'-0" setback. 6. Approved landscaping, such as ivy or vines shall be planted along the easterly wall of the building. In addition dense landscaping including large trees, ivy or vines shall be planted along the southerly building wall and the perimeter walls. Landscape plans shall be reviewed and approved by the Planning Division. 7. Congestion Management. The market shall provide the following: a. A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information shall include: 1) Current maps, routes and schedules for public transit routes serving the site; -6- 5776 2) Telephone numbers for referrals on transportation information including numbers for the regional ride sharing agency and local transit operators; 3) Ride sharing promotional material supplied by commuter-oriented organizations; 4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; 5) A listing of facilities available for car-poolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. b. See Section 5904.2.A. A minimum of 10% of employee parking shall be located as close as practical to the employee entrance(s) and shall be reserved for use by potential carpool/vanpool vehicles. This shall be identified on the site plan. At least one space shall be striped and signed for carpool/vanpool vehicles. c. Preferential parking spaces reserved for van pools must be accessible to van pool vehicles. d. Bicycle racks or other secure bicycle parking shall be provided to accommodate 5 bicycles. 8. That delivery and pick-up activities shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. 9. That outdoor maintenance activities shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. 10. That both the Live Oak and Tyler driveways shall be striped to allow egress from the site from two lanes; one left turn lane and one right turn lane. Each lane shall be painted with arrows designating the turning movement. In addition, a portion of the median between Second and Third Avenues shall be removed and replaced with a two-way left-turn lane. The design shall be subject to the review and approval of the Public Works Department. 11. The wall along Lynrose Street shall be solid; however, the wall shall be designed to provide visual relief by offsetting the wall at various intervals to avoid the flat appearance. Said plan for the wall shall be submitted to the Planning Division for its review and approval. 12. The applicant shall make a good faith effort to contact and work with the property owner of the commercial center located at 200 East Live Oak Avenue (the southeast corner of Live Oak and Tyler Avenue) to upgrade and enhance the commercial building at 200 East Live Oak to be more compatible with the proposed market and retail project and shall demonstrate to the City adequate proof of such efforts. -7- 5776 13. The City reserves the continuing jurisdiction with regard to this conditional use permit and to address through the public hearing process public nuisance concerns, Municipal Code compliance and related issues that may arise from the actual operation of the business pursuant to this conditional use permit. 14. That the sale and consumption of on-site alcoholic beverages for the restaurant shall be limited to beer and wine. 15. Pedestrian access shall be permitted on Lynrose Street subject to the following conditions: a. Bollards shall be placed at the pedestrian access point to prohibit shopping carts from being taken out into the street. b. Per the Police Department's original recommendation, wrought iron fencing shall be located within 20'-0" of the pedestrian access way off of Lynrose Street, subject to the approval of the Planning Division. c. If it is determined by the City that there is an increase in parking along Lynrose Street, the City shall contact the County Public Works Department and request that the curb within 40'-0" of either direction of the pedestrian access be painted red to discourage persons from parking on Lynrose Street to access the market. If this is not effective, the City shall require the developer or owner of the market to close the pedestrian access way by constructing a wall to match the existing perimeter wall. 16. That the revised architectural renderings for the south wall of the building presented to the City Council at the public hearing shall be incorporated into the overall design of the building. 17. The Planning Division and Public Works Department shall review the traffic situation on Live Oak Avenue and, if possible, an alternate left turn mechanism shall be explored at the corners of Live Oak Avenue and Third and Fourth Avenues. 18. That CU.P. 93-008 shall not take effect until the owner and applicant have executed a form available at the Planning Division indicating awareness and acceptance of the conditions of approval. 19. Noncompliance with the provisions and conditions of this Conditional Use permit shall constitute grounds for the immediate suspension or revocation of said Permit. -8- 5776 Section 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of ch,19 4. ATTEST: -& STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5776 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 on the 15th day of March, 1994 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmembers Fasching, Lojeski, Margett, Ciraulo NOES: None ABSENT: Councilmember Harbicht 1J -9- 5776