HomeMy WebLinkAboutItem 3DATE: June 11, 2013
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: CONDITIONAL USE PERMIT NO. CUP 13 -03 AND ARCHITECTURAL
DESIGN REVIEW NO. ADR 13 -05 WITH A CLASS 1 EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO
CHANGE THE USE AND MAKE MINOR EXTERIOR ALTERATIONS OF
A 42,236 SQUARE FOOT GROCERY STORE (RALPHS) TO A THRIFT
STORE (SAVERS THRIFT SUPERSTORE) AT 16 E. LIVE OAK AVE.
Recommended Actions: Approve Conditional Use Permit No. 13 -03,
Approve Architectural Design Review No. ADR 13 -05, and Find that the
Project is a Class 1 Exemption from CEQA
Development Services Department
SUMMARY
The applicant is requesting approval of a Conditional Use Permit and Architectural
Design Review to change the use of an existing Ralphs grocery store to a Savers Thrift
Superstore and make minor changes to the exterior of the building at 16 E. Live Oak
Avenue — see the attached aerial photo, photos of the site, and proposed plans. It is
recommended that the Planning Commission approve these applications, subject to the
conditions listed in this staff report.
BACKGROUND
APPLICANT: Mr. Greg Parsons, Architect for Savers
LOCATION: 16 E. Live Oak Avenue
REQUEST: A Conditional Use Permit and Architectural Design Review approval for
the change of use of a 42,236 square -foot building from a grocery store
to a thrift store and to make minor alterations to the exterior of the
building.
SITE AREA: 110,586 square -feet (2.54 acres)
FRONTAGES: 394 feet along E. Live Oak Ave. & 280 feet along S. Santa Anita Ave.
EXISTING LAND USE & ZONING:
The site is developed with a 42,236 square -foot grocery store that was built in
1987. There are 169 on -site parking spaces. The site is zoned MU, Mixed Use.
SURROUNDING LAND USES & ZONING:
North: Gas station, coffee shop, and office building, zoned MU
South: Single- family residences, located in unincorporated LA County
East: Retail stores, zoned MU
West: Car wash, located in Temple City
GENERAL PLAN DESIGNATION:
Mixed Use (1.0 FAR & 22 -30 du /ac) — 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. Mixed -use districts support commercial uses that integrate
well with residential activity without creating conflicts. Development approaches
encourage shared use of parking areas and public open spaces, pedestrian
movement, and interaction of uses within a mixed -use district. Design
approaches should minimize or limit curb cuts /driveways at the front of the
development when rear or side egress options are available.
DISCUSSION
The applicant is proposing a Savers Thrift Superstore in the 42,236 square -foot building
that is currently occupied by a Ralphs grocery store. Savers is a chain thrift store with
four other stores in Southern California located in La Mirada, Anaheim, Riverside and
Murrieta. The proposed thrift store will primarily operate as a retail store, but will also
operate as a receiving center for the donation of used goods, such as clothing, books,
housewares, and furniture. The proposed thrift store will use most of the interior of the
building as a retail store with warehousing and processing of donated goods in the rear.
An added feature will be a Community Donation Center at the southwest corner of the
store. The proposed business hours of the thrift store are Monday through Saturday
from 9:00 a.m. to 9 p.m., and Sundays from 10:00 a.m. to 7:00 p.m.
Merchandise received and processed off -site that is to be sold at this location will be
received at a loading dock at the rear of the store. Goods donated by customers at this
location will be received at the Community Donation Center located at the front corner
of the store. Customers that are dropping off goods to donate will park in designated
spaces immediately outside the Community Donation Center and they will be met by a
store employee who will assist with the goods.
Undesirable activities associated with thrift stores and donation centers are the dumping
of goods outside of business hours, and scavenging. The applicant is aware of these
concerns and is committed to addressing them. The Community Donation Center will
be at the front of the store, which is a prominent location that is highly visible from Santa
CUP 13 -03 & ADR 13 -05
16 E. Live Oak Avenue
June 11, 2013 — Page 2 of 7
Anita Avenue and Live Oak Avenue. This visibility tends to discourage the previously
mentioned undesirable activities, and Savers will provide signage and 24 -hour lighting
of the Community Donation Center area to further discourage these activities. The
applicant's use of a trash compactor in lieu of standard garbage bins is an additional
measure that will discourage scavenging.
Another concern associated with large retail stores is the need to retain shopping carts
on site. It is in the interests of both the retailer and the community to prevent customers
from leaving the premises with shopping carts. This is expensive for the retailer, and
because the carts are typically abandoned in the surrounding neighborhoods, it creates
a nuisance to the community. A condition of approval is that the applicant shall provide
a shopping cart retention system.
Parking and Traffic
As a retail use, the proposed 42,236 square -foot thrift store is required to have five
parking spaces per 1,000 square -feet of gross floor area, which results in a parking
requirement of 212 spaces. This proposal provides 169 parking spaces, which is a 43
space deficiency. However, the current occupant of this location is a retail use, and a
parking modification was granted with CUP 90 -019 for the existing grocery store.
While the type of retail activity will differ from the current tenant, it was estimated by the
City Engineer that the thrift store will have significantly lower parking and traffic
demands than the grocery store, so neither a parking study nor traffic study was
requested for this proposal. The City Engineer finds the existing parking and the
ingress /egress to the site to be acceptable.
The location of the loading zone adjacent to the alley at the rear of the property poses a
circulation problem that needs to be addressed. When a full -sized freight truck is
docked in the loading bay and the tractor is not detached from the trailer, access to and
from the adjacent alley terminus is at least partially blocked. Staff is recommending as
a condition of approval that the applicant include provisions to ensure that at least 20
feet clear access is maintained, or that the alley be closed to through traffic, and that
these provisions be subject to approval by the City Engineer.
Architectural Design Review
The applicant is proposing only minor alterations to the exterior of the existing retail
building. The primary changes are repainting of the building's exterior and the addition
of new signage, which is preliminarily shown on the attached plans, but will be subject
to a separate sign design review application. The creation of the Community Donation
Center at the front corner of the building will require a new ramp and door to provide
direct access from the parking lot. With the exception of any required accessibility
upgrades, the existing parking lot, lighting, and landscaping will remain unchanged. It is
Staffs opinion that the proposed design is consistent with the City's Architectural
Design Guidelines.
CUP 13 -03 & ADR 13 -05
16 E. Live Oak Avenue
June 11, 2013 — Page 3 of 7
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:
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 thrift store is consistent with the Zoning and General Plan
Land Use Designations of the site and 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. In the MU, Mixed Use Zone, a thrift store is
allowed with an approved Conditional Use Permit per Section 9275.1.55.2 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, the ease of on -site circulation and access,
and the parking availability, the site is adequate for the thrift store.
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 thrift store,
which is at the intersection of Santa Anita Avenue and Live Oak Avenue is
expected to attract less traffic than the existing grocery store at this location. These
streets are more than adequate for the type of traffic that is expected to be
generated by this use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed thrift store is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
The proposed project, with the recommended conditions of approval will satisfy each
prerequisite condition, and all City requirements regarding disabled access and
facilities, occupancy limits, building safety, health code compliance, emergency
equipment, environmental regulation compliance, 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. Any
changes to the existing facility may be subject to having fully detailed plans submitted
for plan check review and approval, and to Building Permits.
ENVIRONMENTAL ANALYSIS
If it is determined that no significant physical alterations to the site are necessary, then this
project, as a conversion of an existing facility qualifies as a Class 1 Categorical Exemption
per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
CUP 13 -03 & ADR 13 -05
16 E. Live Oak Avenue
June 11, 2013 — Page 4 of 7
15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this
staff report. It is recommended that the Planning Commission determine that this project is
exempt from CEQA.
PUBLIC NOTICE /COMMENTS
Public hearing notices for CUP 13 -03 and Architectural Design Review ADR 13 -05 were
mailed on May 30, 2013 to the property owners, tenants, and occupants of those
properties that are within 300 feet of the subject property — see the 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. As of June 6, 2013, no comments were received in response to the
public hearing notices.
RECOMMENDATION
It is recommended that the Planning Commission approve Conditional Use Permit No.
CUP 13 -03 and Architectural Design Review No. ADR 13 -05, subject to the following
conditions:
1. Delivery and donation activities shall be prohibited between the hours of 9:00 p.m.
and 7:00 a.m., and that any mechanical sweeping or ether maintenance of the
parking lot and premises shall be conducted between the hours of 7:00 a.m. and 7:00
p.m., Monday through Saturday.
2. Measures shall be provided to ensure that at least 20 feet clear access to the alley
is maintained or that the alley is closed to through traffic, and that these provisions
are subject to the approval by the City Engineer.
3. A shopping cart retention system that
the premises shall be provided by
Community Development Administrator
4. Business hours shall be from 9:00 a.m
from 10:00 a.m. to 7:00 p.m. on Sunda
prevents shopping carts from being taken off
the applicant, subject to approval by the
. to 9:00 p.m., Monday through Saturday and
ys.
5. The street trees and damaged sidewalk in front and alongside the property shall be
removed and replaced as deemed necessary by the Public Works Services Director
or designee.
6. Any new exterior signage shall be subject to a separate sign design review
application that is subject to approval by the Community Development Administrator
or designee.
7. The use approved by CUP 13 -03 is limited to a thrift store that shall be operated
and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 13 -03 and ADR 13 =05, and shall be subject to
periodic inspections, after which the provisions of this Conditional Use Permit may
CUP 13 -03 & ADR 13 -05
16 E. Live Oak Avenue
June 11, 2013 — Page 5 of 7
be adjusted after due notice to address any adverse impacts to the adjacent
streets, rights -of -way, and /or the neighboring businesses and properties.
8. The applicant shall comply with the City's recycling regulations. The design and
location of the recycling containers is subject to the approval of the Community
Development Administrator or designee.
9. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, 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. Any changes to
the existing facility may be subject to having fully detailed plans submitted for plan
check review and approval, and to Building Permits.
10. Noncompliance with the plans, provisions and conditions of approval for CUP 13 -03
and ADR 13 -05 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the thrift store.
11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and /or land use decision, including but not limited to any
approval or conditional approval of the City Council, Planning Commission, or City Staff,
which action is brought within the time period provided for in Govemment 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 conceming 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 officials, officers, employees, and agents in the defense of the matter.
12. Approvals of CUP 13 -03 and ADR 13 -05 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 with the Development Services Department to indicate
awareness and acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should move
to approve Conditional Use Permit No. CUP 13 -03 and Architectural Design Review No. 13-
05; 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 conditions of approval.
CUP 13 -03 & ADR 13 -05
16 E. Live Oak Avenue
June 11, 2013 — Page 6 of 7
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional Use Permit Application No. CUP 13 -03 and /or Architectural Design
Review No. 13 -05; 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 June 11, 2013 hearing, please contact Assistant
Planner, Nick Baldwin at (626) 574 -5444, or nbaldwine,ci.arcadia.ca.us.
Approved:
Community Development Administrator
Attachments: Aerial Photo with Zoning Information
Photos of the Site
Proposed Plans
Preliminary Exemption Assessment
300 -foot Radius Map
CUP 13 -03 & ADR 13 -05
16 E. Live Oak Avenue
June 11, 2013 — Page 7 of 7
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CUP 13 -03 & ADR 13 -05
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CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project:
Conditional Use Permit Nos. CUP 13 -03 and ADR 13 -05, for a
change of use of a 42,236 building from a grocery store to a thrift
store and minor exterior alterations.
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):
16 E. Live Oak Avenue
(Cross street — Santa Anita Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name
Greg Parsons
(2) Address
11400 SE 6th St., Ste.220, Bellevue, WA
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.
The project is categorically exempt.
Applicable Exemption Class:
f. ❑
The project is statutorily exempt.
15301, Class 1 (Existing Facilities).
Applicable Exemption:
g. ❑
The project is otherwise exempt
on the following basis:
h. ❑
The project involves another public agency which constitutes the Lead Agency.
I
Name of Lead Agency:
Date: June 7, 2013
Preliminary Exemption Assessment \2010
Staff:
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