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.
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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.
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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
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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
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