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Home My WebLink AboutItem 3STAFF REPORT Development Services Department DATE: August 28, 2012 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 12 -12 to operate a 2,900 square -foot convenience store with beer and wine sales at 207 S. First Avenue. Recommendation: Conditional Approval SUMMARY Conditional Use Permit Application No. CUP 12 -12 was submitted to operate a 2,900 square -foot convenience store with beer and wine sales at 207 S. First Avenue. An aerial photo and photos of the site are attached. A convenience store and alcoholic beverage sales are subject to Conditional Use Permits, but are consistent with the zoning and General Plan designation of the property and under certain conditions will not adversely impact nearby businesses and properties. It is recommended that the Planning Commission approve this application subject to the conditions listed in this staff report. GENERAL INFORMATION / BACKGROUND APPLICANT: Mr. Shafiq Atallah LOCATION: 207 S. First Avenue REQUEST: A Conditional Use Permit for a 2,900 square -foot convenience store with beer and wine sales. SITE AREA: 22,670 square feet (0.52 acre). The subject space is a 2,900 square - foot commercial unit within a 3,275 square -foot commercial building. FRONTAGES: The site has a 160 -foot frontage along First Avenue, a 141 -foot frontage along Bonita Street, and a 141 -foot frontage along a southerly alley. The subject commercial space has a 28 -foot frontage along First Avenue. EXISTING LAND USE & ZONING: The site is developed with five, one -story commercial buildings totaling 10,375 square -feet, and is zoned MU, Mixed Use. SURROUNDING LAND USES & ZONING: North: Coffee Shop, zoned MU South: Nail Salon & a vacant commercial building, zoned MU East: Restaurant, zoned MU West: Multiple - Family Residential, zoned R -3 GENERAL PLAN DESIGNATION: Mixed Use (22 -30 du /ac & 1.0 FAR) — The Mixed Use designation provides opportunities for commercial and residential mixed -use development that takes advantage of easy access to transit and proximity to employment centers, and that provide complementary mixes of uses that support and encourage pedestrian activity. The 2,900 square -foot commercial space for the proposed convenience store is within an existing, one -story, 3,275 square -foot building. The other 375 square feet is occupied by a nail salon. There are five buildings on the subject property totaling 10,375 square -feet, and 22 on -site parking spaces. The subject commercial space is currently vacant and was previously occupied by a pet store. DISCUSSION The applicant is requesting approval of a Conditional Use Permit for a 2,900 square -foot convenience store. A Site Plan and the Proposed Floor Plan are attached. Alcoholic beverage sales will be limited to beer and wine. No specific operating hours are proposed, but it is recommended that the hours be limited to 6:00 a.m. to 10:00 p.m., which will be consistent with the businesses in the surrounding neighborhood. There are 22 on -site parking spaces at this property that are shared among the six commercial spaces. The required parking for the proposed convenience store is five (5) spaces per 1,000 square -feet of gross floor area. This is the same parking requirement for a general retail use, including the pet store that last occupied the subject unit. Therefore, the proposal will not result in an increase in the parking requirement for this commercial property. Staff has visited the site several times during weekday business hours, and found the parking lot to be underutilized with over 50- percent of the parking spaces unoccupied. The parking lot is currently in a state of disrepair, and it is recommended that the parking lot be resurfaced and restriped to current code standards as a condition of approval for this application. It is also required that the property be upgraded to meet current accessibility requirements, and that the parking lot landscaping be replanted. CUP 12 -12 207 S. First Avenue August 28, 2012 — page 2 of 6 The following additional conditions of approval are recommended to address other deficiencies at this property: • A trash and recyclables enclosure shall be provided in the rear parking lot area. • The front facade of the subject commercial space, which at some point in the past was painted white without City approval, shall be repainted to match the color scheme of the southerly portion of the building. • The front awning shall be replaced and the existing unpermitted nail salon signage shall be removed from this awning. The nail salon has an approved awning with signage over its front entrance. The color and design of the convenience store awning and signage shall be reviewed and approved as part of a separate Sign Architectural Design Review Application for the convenience store • A trash receptacle shall be placed in front of the store on private property during business hours. There are no public trash receptacles near the front entrance of the subject space. The size and design of the trash receptacle shall be approved by Planning Services to ensure the esthetics complement the building and neighborhood. At the end of each business day, the trash receptacle shall be moved indoors and the area in front of the store cleaned. • The existing damaged driveway approach off of Bonita Street shall be repaired or replaced to the satisfaction of the City Engineer. Findings Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied. Based on the proposal and the recommended conditions of approval, this project satisfies the prerequisite conditions: 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 convenience store is consistent with the zoning and land use designation of the site and area, and with certain conditions will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A convenience store with beer and wine sales is allowed in the MU zones with an approved Conditional Use Permit per Section 9268.10 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. Based on the proposal and the parking availability, this site is adequate for the proposed project. CUP 12 -12 207 S. First Avenue August 28, 2012 — page 3 of 6 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. The proposed convenience store will not significantly increase traffic in comparison with the previous retail use, and the surrounding streets are all adequate for more than the type of traffic expected to be generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed convenience store is a commercial use that is consistent with the General Plan Land Use Designation of the site. 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. ENVIRONMENTAL DOCUMENT If it is determined that no significant physical alterations to the site are necessary, then this project, as a conversion of an existing facility is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. PUBLIC COMMENTS /NOTICE Public hearing notices of Conditional Use Permit Application No. CUP 12 -12 were mailed on August 17, 2012 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. The attached email in opposition to the proposed convenience store was received on August 22, 2012. RECOMMENDATION AND ACTION Approval The recommended action is that the Planning Commission grant Conditional Use Permit No. CUP 12 -12; state the supporting findings and environmental determination; and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings, and the following conditions of approval: 1. The business hours of the convenience store shall be limited to 6 a.m. to 10 p.m., seven days a week. CUP 12 -12 207 S. First Avenue August 28, 2012 — page 4 of 6 2. Beer and wine sales shall be limited to the 10 -door refrigerator, and two rows of shelves outside of the refrigerator. 3. The parking lot shall be resurfaced and restriped to the satisfaction of the Development Services Director, or designee. The parking lot shall be upgraded to meet the City's accessibility requirements. 4. The parking lot landscaping shall be replanted to the satisfaction of the Development Services Director or designee. The parking lot landscaping shall be maintained in accordance with the City's property maintenance standards. 5. A trash and recyclables enclosure shall be provided in the rear parking lot area prior to the opening of the convenience store. The design, size, and location of the enclosure shall be approved by the Development Services Department. 6. The front facade of the subject commercial unit shall be repainted to match the color scheme of the southerly portion of the subject building. 7. The front awning shall be replaced and the existing unpermitted nail salon signage shall be removed from this awning. The color and design of the new awning shall be reviewed and approved as part of a Sign Architectural Design Review Application for this business. 8. A trash receptacle shall be placed in front of the store on private property during business hours. The size and design of the trash receptacle shall be approved by Planning Services to ensure the esthetics complement the building and neighborhood. At the end of each business day, the trash receptacle shall be moved indoors and the area in front of the store cleaned. 9. All deliveries and loading shall be done in the rear parking lot. 10. The existing damaged driveway approach off of Bonita Street shall be repaired or replaced to the satisfaction of the City Engineer. 11. The use approved by CUP 12 -12 is limited to the proposed convenience store, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -12. 12. 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. 13. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the convenience store. CUP 12 -12 207 S. First Avenue August 28, 2012 — page 5 of 6 14. 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. 15. Approval of CUP 12 -12 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. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 12 -12; state the finding(s) that the proposal does not satisfy with reasons based on the record; and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 28, 2012 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422, or tschwehr @ci.arcadia.com. Community Development Administrator Attachments: Aerial Photo with Zoning Information Photos of Subject Property 300 -foot Radius Map Site Plan and Proposed Floor Plan Preliminary Exemption Assessment Email in Opposition CUP 12 -12 207 S. First Avenue August 28, 2012 — page 6 of 6 Subject Commercial Building - Frontage on First Avenue ♦ ICE BLENDEt RINKS "O Ifl NKS • PAN Adjacent Commercial Building to the north - Coffee shop Adjacent Commercial Building to the south - Vacant HOT SOUP SPA ALT? RESTAURANT Via. Property across First Avenue to the east - Restaurant Adjacent Property to the west - Multiple - family residential Subject Property - Rear parking lot from alley Subject Property - Rear parking lot from Bonita Street. Subject Building from rear parking lot Subject Property - Damaged driveway approach off of Bonita Street Subject Property - Existing trash bin with no enclosure 8 CALIF .,00.os 36 52 s O 1 w As$ -Zcn m 100.05 2 w ARCADA S 3, so 30 Q • 29 z8C . 2! •• ore SUE MORENO en71CCS (626) 350 -5944 OWNERSHIP / OCCUPANTS UST RADIUS MAPS - LAND USE - PLANS MUNICIPAL COMPLIANCE CONSULTING 12106 LAMBERT AVE.EL MONTE, CA 91732 - FAX(826)350-1532 PROJECT INFORMATION 207 S. 1 ST AVE. ARCADIA, CA. 12 -140 SCALE 1" =150' ST ALTA t g ®8 Qs CC-PM 353-54 SHEET ee 41eo i o ® �� Zi9 135 ORo 50 2 � mC -P M1294 -29 -30 Si SHEET 4 +eo.o4 60 � 6 15 50 C -TR NO 53314 8 SHEET 2 S 8 M B 1266 -22 -23 leo.os 5 E aG " C 5 L POR O 2s 25 74 4 f 8 'o 1 POR 135 MR' 50 •• ore SUE MORENO en71CCS (626) 350 -5944 OWNERSHIP / OCCUPANTS UST RADIUS MAPS - LAND USE - PLANS MUNICIPAL COMPLIANCE CONSULTING 12106 LAMBERT AVE.EL MONTE, CA 91732 - FAX(826)350-1532 PROJECT INFORMATION 207 S. 1 ST AVE. ARCADIA, CA. 12 -140 SCALE 1" =150' ST ALTA t g ®8 Qs CC-PM 353-54 SHEET ee 41eo i o ® �� Zi9 IA ANIT ^- 50 A3 100.05 I F-.- ,8 50 T'. - 1 a0 CT 's r R 2s 25 r27 i 21 ,_ ; 75 0 0 8 y, -z =Ns •eA. n► 2 B..K c5 1 0 C)112 73. 141.50 22 1- 1•n SO ST8 %BON ITA 50 Bo 4J 29 =T 3 SHEET 3 a SI SHEET Bo ao 1 15 /s/, 6• '0 • • • 2 SHELVES rSHELVES SHELVES [ SHELVES SHELVES _I f- m 0 0 8 ETA IS V1INOS 'PROPOSED 207 S. 1ST Avt. ARCADIA, CA. MARKET: SITE PLAN, FLOOR PLAN, & ELEVATION o-. =.onarv�s NOI1VA313 '3AV '1S t (3) • C4I-0/1 JOE MORENO V Y7771Cer M211350-SMA OWNERSHIP / OCCUPANTS UST -RADIUS MAPS • WC USE PLANS 'MUNICIPAL COMPLIANCE CONSULTNG IMO LAMBERT AVE.EL MONTE. CA 81732 • FAA (624960.1632 NOI1VW2i0dNI 103r02id CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: CUP 12 -12 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 207 S. First Avenue- between Bonita Street and California Street 3. Entity or person undertaking project: A. B. Other (Private) (1) Name i Shafiq Atallah, Business Owner (2) Address i 222 S. Santa Anita Avenue #E Arcadia, CA 91006 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. /1 The project is categorically exempt. Applicable Exemption Class: ! 01 - Operations of an Existing Facility f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: August 7, 2012 Preliminary Exemption Assessment\2011 Staff: Tim Schwehr, Assistant Planner FORM "A" From: Helen Wang [ mailto:helenhrwang@agmail.com] Sent: Wednesday, August 22, 2012 12:18 PM To: City Council Email Subject: Re: A convenience Store sell Beer and Wine Next to School? Please forward this letter to our city council members. Thank you! Dear City Council members, My name is Helen Wang. I am the owner of Hyper Coffee located at 203 South First Ave. I have been there since 2001. I am strongly opposed to the proposed opening of a convenience store located at 207 South First Ave that will be selling beer, wine and tobacco. The location is 300 feet north from First Avenue Middle School. I along with other retail store owners on our block are afraid this will attract the wrong type of clientele for our neighborhood, and could potentially be a problem for the students attending First Ave. Middle School!! Thank you so much for your attention regarding this matter!! Sincerely, Helen Wang Hyper Coffee