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HomeMy WebLinkAboutItem 2RESOLUTION NO. 1862 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT APPLICATION NO. CUP 12 -12 FOR A 2,900 SQUARE -FOOT CONVENIENCE STORE AT 207 S. FIRST AVENUE WHEREAS, on June 25, 2012, an application was filed by Mr. Shafiq Atallah for a 2,900 square -foot convenience store at 207 S. First Avenue, Development Services Department Case No. CUP 12 -12; and WHEREAS, a public hearing was held by the Planning Commission on August 28, 2012 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 August 28, 2012 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 convenience store is consistent with the zoning and land use designation of the site and area. With the conditions of approval, including the prohibition of beer, wine, and other alcoholic beverage sales, the proposed convenience store 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 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. 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 to and from the subject commercial center and the surrounding streets are all adequate for more than the projected 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. 6. That no significant physical alterations to the site are necessary, and as a conversion of an existing facility, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants CUP 12- 12 for a 2,900 square -foot convenience store at 207 S. First Avenue, subject to the following conditions: 1. The business hours of the convenience store shall be limited to 6 a.m. to 10 p.m., seven days a week. -2- 1862 2. There shall be no beer, wine, or other alcoholic beverage sales. 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. -3- 1862 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. 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 -4- 1862 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. Passed, approved and adopted this day of , 2012. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -5- 1862