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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 7 111 t 0 . 1 ►� - -- MF11 Li 1 a11I1 h 14 M -U M -U Subject property Single- Family Residential, Unincorporated 16 E. Live Oak Ave. CUP 13 -03 & ADR 13 -05 16 E. Live Oak Ave., Subject Property, View from Front View from the Southwest Corner of the Property View of the South Side of the Building View of the Proposed Community Donation Center on the South Side of the Building View of the Alley at the Southeast Corner of the Property I\ \\, IS \ " 1 l \ \ \ C'' V , 1 ' r,V \ V V _--•-- \ " , 1r l' V V /Vr \- - • ' A ‘ ir \\ \\ ,:L, - - ' -- - --■Ai- „. , ,- .,, , .., ..--.-- o, ."7--,-,..—j---;-:-,,- \\ \\ \ \ \ ',V \ I . \I\ \ ' \ ''''•\ - - - 7 ." , ..-7::77 :...- --7. 7- .,..774.-'''' --...' 1) \ \ \ '' ''t,. ' '7' 7 >. '■■7,,. - ' \ . , ,....:7.7.'...''''-'-'.1 7•-•"7"...- .......777,..- ' .-.'.-- Y71f4Y9 ' ..- ■,...- "7- ":.' / /7". ■-,7 " '.-....--..?.. Ls' Z g ›— w --j ><z 0 p Z >az —z0 ce0 4 4. 4 CV I 0 WINtl131VB.6 tl..�LA_J Al AL 1_a1 el 118 1 T T Q 2 §\ 0 ! 4 CO3 � ccCD E\ CC 2 A: 2 0c, «2 CC \} arc 0) e� 111 E as co § }\ 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: FORM "A" wDE 1887 WOODRUFF CODE 1893 /G0 AVE F 4lAq%% w $ 9 16 8 s Atop uJo 6 �s3 83®uea.., �If 4 0 2 OAK LIVE IRi a LYNROSE 0 CV (in 68 169 32411 _5, z )ONNA'S RADIUS MAPS x )ATE: /--e;29-- OC3 _ D ,84 S GENTRY LANE 54 Al "T404 kNAHEIM CA 92807 t: ornz 714) 921-2921 ■ DANESWOOD TRACT NO 15628 M B 354 -24 -25