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Item 3b - Resolution No. 6990 approving Savers Thrift Superstore
G�LIFOftNf 9��f 1--p .. «a A— 5, 19.3 STAFF REPORT Development Services Department DATE: August 20, 2013 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: RESOLUTION NO. 6990 APPROVING CONDITIONAL USE PERMIT NO. CUP 13 -03 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 13 -05 TO CONVERT THE FORMER 42,236 SQUARE FOOT GROCERY STORE AT 16 E. LIVE OAK AVENUE TO A SAVERS THRIFT SUPERSTORE AND FINDING THAT AS A CONVERSION OF AN EXISTING FACILITY THIS PROJECT QUALIFIES AS A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Recommendation: Adopt At the August 6, 2013, meeting, the City Council considered an appeal of a denial by the Planning Commission of Conditional Use Permit Application No. CUP 13 -03 and Architectural Design Review No. ADR 13 -05 to convert an existing 42,236 square foot grocery store (Ralphs) into a thrift store (Savers) at 16 E. Live Oak Avenue. The City Council, on a 3 -1 vote, upheld the appeal and approved the applications, subject to several conditions of approval. It is recommended that the City Council adopt the attached Resolution No. 6990: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 13 -03 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 13 -05 TO CONVERT THE FORMER 42,236 SQUARE FOOT GROCERY STORE AT 16 E. LIVE OAK AVENUE TO A SAVERS THRIFT SUPERSTORE AND FINDING THAT AS A CONVERSION OF AN EXISTING FACILITY THIS PROJECT QUALIFIES AS A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Approved' Dominic LazzarAd City Manager August 6, 2013 City Council Staff Report RESOLUTION NO. 6990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 13- 03 AND ARCHITECTURAL DESIGN REVIEW NO, ADR 13 -05 TO CONVERT THE FORMER 42,236 SQUARE FOOT GROCERY STORE AT 16 E. LIVE OAK AVENUE TO A SAVERS THRIFT SUPERSTORE AND FINDING THAT AS A CONVERSION OF AN EXISTING FACILITY THIS PROJECT QUALIFIES AS A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, on March 11, 2013 applications were filed by Mr. Greg Parsons 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 Avenue, Development Services Department Cases Conditional Use Permit Application No. CUP 13 -03 and Architectural Design Review No. ADR 13 -05; and WHEREAS, a public hearing was held by the Planning Commission on June 11, 2013 at which time all interested persons were given full opportunity to be heard and to present evidence, and after which the Planning Commission voted to deny the applications, and on June 25, 2013, adopted Resolution No. 1876 to formalize the denial of the applications; and WHEREAS, on July 1, 2013, within the prescribed five - working -day appeal period, Mr. David Cree, Director of Real Estate for Savers Thrift Superstore, submitted an appeal to the City Council of the Planning Commission denial; and WHEREAS, on August 6, 2013, a public hearing was held before the City Council on said appeal of the applications, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated August 6, 2013 are true and correct. SECTION 2. That this City Council 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 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. -2- 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. 6. That as a conversion of an existing facility, this project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 1 5301 of the CEQA Guidelines. SECTION 3. That for the foregoing reason this City Council upholds the appeal, approving Conditional Use Permit No. CUP 13 -03 and Architectural Design Review No. ADR 13 -05 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 Avenue, 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 any mechanical sweeping or other 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. These measures are subject to the approval of the City Engineer. In the event of a public safety issue, the City Engineer may require the alley access be closed to through traffic. 3. A shopping cart retention system that prevents shopping carts from being taken off the premises shall be provided by the applicant, subject to approval by the Community Development Administrator. -3- 4. Business hours shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday and from 10:00 a.m. to 7:00 p.m. on Sundays. 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. B. 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 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 Worms Services Director. Any changes to the In 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 Goverment 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 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. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. -5- Passed, approved and adopted this day of '2013. ATTEST: City Clerk APPROVED AS TO FORM: � l Stephen P. Deitsch City Attorney 02 Mayor of City of Arcadia G`►sroxv���y� I nrorpor teA Au �ur� S. r1903 C9�rwnity nE �J�y~ STAFF REPORT Development Services Department DATE: August 6, 2013 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director Lisa Flores, Planning Services Manager By: Nick Baldwin, Assistant Planner SUBJECT: AN APPEAL OF THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. CUP 13 -03 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 13 -05 TO CONVERT THE FORMER 42,236 SQUARE FOOT GROCERY STORE AT 16 EAST LIVE OAK AVENUE TO A SAVERS THRIFT SUPERSTORE Recommendation: Uphold the Appeal, approve the applications with the recommended conditions of approval, and find that the project is exempt from CEQA pursuant to Section 15301 SUMMARY The applicant is requesting approval of Conditional Use Permit No. CUP 13 -03 and Architectural Design Review No. ADR 13 -03 to change the use of a former Ralph's grocery store to a Savers Thrift Superstore and make minor changes to the exterior of the building at 16 E. Live Oak Avenue. A public hearing was held with the Planning Commission on June 11, 2013, and the project was denied on a vote of 3 -2 following the adoption of Resolution No. 1876 at the meeting of June 25, 2013. The applicant subsequently appealed the Planning Commission decision. It is recommended that the City Council uphold the appeal and approve the applications, subject to the conditions listed in this staff report, and find that the project is exempt from CEQA. A resolution will be provided at the next City Council meeting reflecting the decision of the Council. BACKGROUND The applicant is proposing a Savers Thrift Superstore ( "Savers ") in the 42,236 square - foot building that was formerly occupied by a Ralph's grocery store. Ralphs vacated this building in May of this year. Savers is a chain thrift store that sells used goods, such as clothing, books, housewares, and furniture. There are four other Savers stores in Southern California, located in La Mirada, Anaheim, Riverside and Murrieta. A Conditional Use Permit is required to operate a thrift store in the Mixed Use Zone. Architectural Design Review is necessary for minor exterior alterations, new paint, and Appeal — Savers Thrift Superstore, 16 E. Live Oak Avenue August 6, 2013 Page 2 of 6 signage. The Staff recommendation was for approval of the applications with conditions. The June 11, 2013, Planning Commission Staff Report and exhibits are included as Attachment "A ". The Planning Commission voted 3 -2 to deny the applications on June 11 and adopted Resolution No. 1876 on June 25 formally denying the project. On July 1, 2013, the City received a letter of Appeal from Savers (Attachment "B "). In addition, the City received two letters of opposition to the project from nearby residents. DISCUSSION Savers sells used goods which are obtained through donations; either from individuals that donate directly to the store, or from partnerships with local non - profit groups that collect reusable clothing and household goods and then sell them to the Savers store. 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 9:00 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. 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. The Donation Center was the focus of much of Staff's review of this project and the Planning Commission's discussion. The Community Donation Center will be at the front of the store, which is a prominent location that is highly visible from Santa Anita Avenue and Live Oak Avenue. This visibility tends to discourage illegal dumping and scavenging that can occur at thrift stores, 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 interest 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. For these reasons, a condition of approval has been added to require the applicant to provide a shopping cart retention system. Appeal — Savers Thrift Superstore, 16 E. Live Oak Avenue August 6, 2013 Page 3 of 6 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 to reuse the building. 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. It is recommended as a condition of approval that the applicant include provisions to ensure that at least 20 feet clear access is maintained, and that these provisions be subject to approval by the City Engineer. 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. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 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. 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. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Based on the proposal, as further described in the Planning Commission Staff Report (Attachment "A "), all the prerequisite findings can be made for this case if the recommended conditions of approval listed below are adopted: Appeal — Savers Thrift Superstore, 16 E. Live Oak Avenue August 6, 2013 Page 4 of 6 1. Delivery and donation activities shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m., and any mechanical sweeping or other 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. These measures are subject to the approval of the City Engineer. In the event of a public safety issue, the City Engineer may require the alley access be closed to through traffic. 3. A shopping cart retention system that prevents shopping carts from being taken off the premises shall be provided by the applicant, subject to approval by the Community Development Administrator. 4. Business hours shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday and from 10:00 a.m. to 7:00 p.m. on Sundays. 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 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. Appeal — Savers Thrift Superstore, 16 E. Live Oak Avenue August 6, 2013 Page 5 of 6 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 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 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 DECISION At the June 11 public hearing, the decision reached by the Planning Commission was to deny the project based on the conclusion that the required findings for a Conditional Use Permit could not be met. The Commission, in a 3 -2 vote, found that the granting of a Conditional Use Permit would be detrimental to the public health or welfare and injurious to the property or improvements in the vicinity. The Commission's discussion and decision included concerns that the use could lead to the undesirable activities of scavenging and illegal dumping of goods on site, and this issue was compounded by the fact that this is a highly - visible location and a prominent "gateway" intersection within the City of Arcadia. Furthermore, the Commission raised concerns about a potential increase of City resources to monitor and provide enforcement services for the location and concerns that new lighting in the area may be disruptive to the surrounding community. These issues were viewed by the Commission to be detrimental to both the existing single - family homes immediately adjacent to the site to the south, and, given the overall visibility of this intersection, the public in general. Minutes from the June 11 Planning Commission meeting are included as Attachment "D ". APPEAL OF COMMISSION DECISION Savers' appeal letter and supporting materials are provided as Attachment "C ". The appellants believe their proposal meets the prerequisite findings for a Conditional Use Permit and will not have a negative impact on the surrounding vicinity. Within their materials, Savers responds to the Commission's concerns with outside storage and Appeal — Savers Thrift Superstore, 16 E. Live Oak Avenue August 6, 2013 Page 6 of 6 operations of the store, including illegal dumping; the potential increase in City resources to provide Code Enforcement services; and the proposed location of the donation /drop -off area. Exhibit "A" to their appeal letter includes information on how the drop -off of donations occurs. It is mentioned that in the event that illegal dumping should occur, Savers is willing to install a surveillance camera, and /or hire an overnight security guard at the location. In addition, the materials submitted by Savers include letters of support from other retailers and a letter from Ralph's (property owner) that states the building will not be leased to another grocery store and that "it is likely that the building will remain vacant for many years due to the restrictions imposed by Senior Management on the allowed type of tenant for this vacant building." ENVIRONMENTAL ANALYSIS As a conversion of an existing facility, this project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities). FISCAL IMPACT There is no fiscal impact from this proposed action. RECOMMENDATION It is recommended that the City Council uphold the appeal, approve the applications with the recommended conditions of approval, and find that the project is exempt from CEQA pursuant to Section 15301. A resolution reflecting the City Council's decision will be provided at the next Council meeting. Approved_ Dominic Laz�are�t� City Manager Attachment "A ": Planning Commission Staff Report dated June 11, 2013 and exhibits Aerial Photo with Zoning Information Photos of the Site Proposed Plans Preliminary Exemption Assessment 300 foot Radius Map Attachment "B ": Saver's Appeal letter and associated exhibits Attachment "C ": Letters of Opposition Attachment "D ": Excerpt of Minutes from June 11, 2013 Planning Commission meeting and Planning Commission Resolution No. 1876 x STAFF REPORT U� hlUnity of �` Development Services Department DATE: 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 SI IINiMBRY 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 42,235 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 969 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 other 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 prevents shopping carts from being taken off the premises shall be provided by the applicant, subject to approval by the Community Development Administrator. 4. Business hours shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday and from 10:00 a.m. to 7:00 p.m. on Sundays. 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 ,tune 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 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 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 nbaldwinC�ci.arcadia.ca.us. Approved: Jimo,K�sama 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 10 E. live Oak Avenue June 11, 2013 -- Page 7 of 7 F' ir.--- �Y- 4W LI 16 E. Live Oak Ave., Subject Property, View from Front L U11. 40 V, View of the South Side of the Building View of the Proposed Community Donation Center on the South Side of the Building rR - ft , kN £ � E r� ) � } } / § 2 } / ) \ j � ��( Ishii \585 \e /} � w ° %f7 � }} §§ -» \ \� � §o° k e $ ,§ |) q) S „B 7 [�7 % \f �k§ B ) §| 3 a� 2 �i! 6 b Ei 5` f p� L Ij C � P a o O� e'Jt. H 4 0 Coo© dre y �5 C .n ❑ !p8 _ X30 w a o v X04 � �aa � �Fg ;[• a3wnt 370 B umoydrtDo P ➢ P ➢, P ➢ P '1 ➢ „v P P P ➢ P 9 P 7` 1 F t 1 .1, ➢ P P i 'g .P . 1 P 1 1 P P P 1➢ . P ➢ 1 ➢ ➢ 1 P ➢. 1 . -- - - - - - - - -- '➢ Ei 5` f p� L Ij C � P a o O� e'Jt. 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Live Oak Avenue address and cross streets or attach a map showing project site (Cross street — Santa Anita Avenue) (preferably a USGS 15' or 7 112' topographical map identified by quadrangle name): 3. Entity or person undertaking A. project: B. Other (Private) (1) Name Greg Parsons (2) Address 11400 SE 6" 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: 15301, Class 1 (Existing Facilities). 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: June 7, 2013 Staff: Preliminary Exemption Assessment12010 FORM "A" a. CODE 1887 � CODE I093 WOODRUFF rda -7 Z 374.47 320.8! � D 4 1 - f AVM• _ r- r� s'• a era, m w a-y e• � - _ ti a z a DONNA'S RADIUS MAPS m / DATE: a ru sa .. 7 [4 921 2921 AVE- C) f8 Y C r<•or_. ,[ 578a j20 P N ZZ, r �o o �o 0 ��`+• �fh U n 5789 I L81 rra� l= 20 - 19 $a Rf © Y gad 1643 -� - r 57139 I 21 •�ar nsea ?e n /b••a lard Oa n , 9 -S3 �s t Z W wO r'a Q $6 ' r. 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I { � LIVE OAK 8573 � AVE- 8 73 f 20 'd'.II /3 ,rs .w c so ren as .rerr AL 4 Y I = 2 � y� go ••l g � 4 '4 Ln fU A3 ti. _lO` 10 �i+� e' / 4 3 2 � K \ r O t� 5d O !1 m —� �" w e 13 ,, 14 Is r 10 s7 a IB 19 20 a�- 21 ???..2 x n '� w H ® - ru N sf �3d // (P fV y 2�tza W h...r' - � .-ter a r LYNA45E B57 .26 ST , f Lj a 1 Sfi 4e, .�� y° l 0 ICJ 904,!3 rr,ero d,,ros• }o 14� it �r F Y _f S3 52 51 50 n5 'd emu.•,/. :F m 31E.76 ` 4 g 3a 65 F36 67 68 1 69 8573 21 Zg 1 �sn -7 Z 374.47 320.8! � D m to m w a-y e• w - _ ti a z a DONNA'S RADIUS MAPS m / DATE: a 584 S GENTRY DANE sa NNA14EIM CA 92807 7 [4 921 2921 8573 21 Zg 1 �sn � _ a m c` "I 'D -- - 1 DANESWOOD •`� TRACT NO 15626 r O M B 35d_24 -25 m z a t 4w L O a-J E L Q 0 -W 4- L 1 July 2013 City of Arcadia, City Council Attn: Office of the City Clerk 240 West Huntington Drive Arcadia, California 91007 Dear Sir or Madam Family of Thrift Stores LETTER OF APPEAL - RESOLUTION NO 1876 Pursuant to Section 9275.2.9 of the City of Arcadia Municipal Code ( "Code's and /or such other applicable sections of the Code, TVI, Inc. dba Savers Thrift Superstore' (the "Applicant's hereby appeals Resolution No 1876 of the Planning Commission of the City of Arcadia which denied the Applicants Conditional Use Permit Application No. CUP 13 -03 and Architectural Desgin Review No. ADR 13 -05 filed with the City of March 11, 2013 to change the use to a thrift store (the "Proposed Thrift Use's and make minor exterior alterations to 16 E. Live Oak Avenue, Arcadia (the "Premises'. A check in the sum of $540 is attached by way of the applicable appeal fee. Decision Sought by Applicant The applicant requests that the City Council reverse Resolution No 1876 of the Planning Commission as permitted by Section 9275.2.11 of the Code, and resolve to approve the Applicant's CUP 13 -03 Application and ADR 13 -05 Application. Applicant's Grounds for Appeal The Applicant respectfully relies on the following grounds in support of its appeal: 1. Resolution No 1876 is inconsistent with the formal recommended actions of the City of Arcadia Staff Report', which considered and determined that the Proposed Thrift Use by Savers Thrift Superstore would satisfy each prerequisite condition of Section 9275.1.2 of the Code and all City requirements, subject to specific recommended conditions of approval. 2. The Planning Commission did not substantiate its finding that the Proposed Thrift Use would be detrimental to public health or welfare, or injurious to the property in the Mixed Use zone. The Applicant submits that the Proposed Thrift Use meets the requirements of Section 9275.1.2(1) for the following reasons: (a) The Proposed Thrift Use of a retail secondhand store is comparable to a department store such as Target or Kmart, with the exception of the sale of cosmetics and perishables — the only difference being that the inventory is pre -owned rather than new. Savers Thrift Superstore offers a redefined thrift shopping experience with clean, bright aisles that are neatly organized into specific departments, with labeled shelves and racks. The operation of a retail department store creates no risk for the safety, health and welfare of citizens. 1 City of Arcadia Staff Report submitted by Jim Kasama (Community Development Administrator) and prepared by Nick Baldwin (Assistant Planner) dated June 11, 2013. Address: 11400 SE 6th Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com savers, Family of Thrift Stares TVI, Inc. dba Savers Thrift Superstore Appeal to City of Arcadia City Council Page 2 of 28 (b) The Applicant wholeheartedly agrees with the Planning Commission's position that keeping on -site donation areas clean, organized and visually appealing is not only a top operational priority but also important for public wellbeing. In support of such position in its nationwide retail operations the Applicant has developed successful methods in which to directly target and prevent the undesired activities of illegal dumping of goods that affect not only thrift operations but all types of retail and commercial operations. More detail of the Applicant's on site donation operations and procedures are attachedz. The Applicant has also attached letters of support3 from multiple landlords of Savers locations across the country, including some of the biggest retail portfolio owners /managers in the United States — Brixmor Property Group, Colliers International and Highland Management. These landlords attest to the fact that they have encountered no issues and have been more than satisfied with how clean and tidy the Applicant has kept sites, with multiple landlords finding that there has been no debris or illegal dumping issues whatsoever. (c) The Applicant has signed a written lease agreement with Ralphs Grocery Company ( "Ralphs'% the owner of the Premises, for a leasehold term of 10 years plus an additional 10 years in renewal options at a market driven base rent for the Premises. The value of commercial property is ultimately determined by the rent attainable. The Proposed Thrift Use has no effect on the value of the Premises. Ralphs fully supports the use of the Premises by the Applicant, a conclusion reached after Ralphs conducted comprehensive due diligence of the Applicant's retail business operation S4. On a relevant note, for company policy reasons Ralphs has determined that it will not allow the Premises to be occupied by a grocery or supermarket tenant, and therefore the Proposed Thrift Use by the Applicant will prevent a potential extended vacancy of the site. (d) The proposed architectural changes to the Premises by the Applicant represent an investment of over $850,000 in leasehold improvements to the property, which will significantly improve the appearance of the Premises and will be visually beneficial for the surrounding area, potentially leading to an increase in property value in the surrounding area. In addition, Savers will furnish the store with over $450,000 of fixtures, furniture and equipment, creating a first class retail experience for the local community. An indicative display of the proposed exterior is attached-5. (e) The Proposed Thrift Use will create over 50 full time and part time jobs for local citizens, and is expected to generate an average of 4,000 transactions per week, creating taxable revenue for the city and the state. (f) The Proposed Thrift Use is vital in generating additional donations and increasing the charitable revenue for the Applicant's not - for - profit partner Hope Services, allowing the charity to advance its employment, training, and community living services for those persons with developmental disabilities in the local areab. 3. Thrift has entered the mainstream and is one of the fastest growing retail segments, attracting both families on a budget and six - figure professionals. The Applicant has recently opened successful Savers stores in high end communities such as Scottsdale, Arizona; Highlands Ranch, Colorado; Redmond, Washington; Boulder Colorado; Redwood City, California; and Framingham, Massachusetts; and continues to expand and flourish in such environments. In each instance the Z Summary of On Site Donations and Prevention of Illegal Dumping, attached hereto as Exhibit A. 3 Multiple letters of support from existing landlords, attached hereto as Exhibit B. 4 Letter of support from Greg Lukosky, Manager of Real Estate, Ralphs Grocery Company dated June 21, 2013, attached hereto as Exhibit C. 5 Indicative display of proposed alterations by Applicant at Premises, attached hereto as Exhibit D. 6 Letter from John M Christensen, CEO, Hope Services dated June 25, 2013, attached hereto as Exhibit E. Address: 11400 SE 6 th Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com TVI, Inc. dba Savers Thrift Superstore savers, Appeal to City of Arcadia City Council Family of Thrift Stares Page 3 of 28 Applicant has worked in alliance with the local cities to meet all permitting and other requirements. In City of Arcadia, the Applicant would provide a commercial use that would integrate well with the local community and existing retail mix, and in particular fit within the goals for the Mixed Use zoning designation in which the Premises falls. We would like to take the opportunity to provide a little background about who the Applicant is and the extent of its philanthropic and environmental contribution to the community and the globe. Founded in 1954, the Savers' family of thrift stores' is North America's largest privately held thrift store chain with more 320 locations and 19,000 employees in the United States, Canada and Australia. Savers stands out with its inviting stores, but also because of its unique retail model. By purchasing and reselling pre -owned merchandise, Savers provides essential funding to more than 150 nonprofit organizations; low -cost and high quality goods to consumers; jobs and healthcare benefits to local residents, and benefits to the environment through the reuse and recycling of used items. Further, Savers believes that goods collected within local communities benefit local communities. That's why the goods Savers provides in its stores are always tied to local nonprofit organizations. Every Savers store supports one or more nonprofits in its community, and pays its partners for every donation. These partnerships turn otherwise unused goods into sustainable revenue that supports nonprofits' vital community programs and services, and in many instances, the ongoing revenue Savers provides amounts to a significant percentage of nonprofits' annual budgets. Over the past 10 years, Savers has paid its collective nonprofit partners more than $1.5 billion which helps fund their important work. Savers also encourages a more sustainable world by reducing the strain on the environment's natural resources. Savers prevents more than 600 million pounds of quality, reusable merchandise from ending up in landfills each year, and operates one of the largest recycling programs in the world. In addition to the attachments referenced above, we also attach for your consideration a presentation package which further details the Savers business model and operations, as well as photos showing examples of recently opened Savers stores throughout North America. The Applicant is committed to providing a first class retail operation to benefit the community of City of Arcadia, and welcomes the opportunity to work together with the City to meet its requirements and address any potential concerns. We encourage you to review the materials provided attached hereto, and to contact David Cree at (425) 450- 2316 with any additional questions or requests. Kind regards, David 3 Cree Director of Real Estate TVI, Inc. dba Savers Also known as Value Village in the Pacific North West and across Canada. e Savers' presentation package is attached as Exhibit F hereto. Address: 11400 SE 6 th Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com TVI, Inc. dba Savers Thrift Superstore savers, Appeal to City of Arcadia City Council Family of Thrift Stores Page 4 of 28 EXHIBIT A SAVERS THRIFT SUPERSTORE ON SITE DONATIONS & PREVENTION OF ILLEGAL DUMPING The Savers organization appreciates the opportunity to share with the City of Arcadia our procedures regarding the receipt of on -site donations, and our commitment to the communities in which we operate. As you are aware, our shelves are stocked with mostly second -hand items purchased from local nonprofit partners, which they collect from the community. Donated items are then sorted by our employees, and we offer the highest quality goods to shoppers at great bargains. As background, we call the donations we receive directly at the store from local residents on -site donations, or OSD's. Our donation receiving areas are known as Community Donation Centers, or CDC's, because they are a place where our neighbors can feel good about donating — while supporting global recycling efforts, and helping our nonprofit partners provide important services to people in the community. While we receive regular deliveries of merchandise from our nonprofit partners, on -site donations are critical to running a successful store. Providing extraordinary value and selection for our customers is what makes our retail offering unique, and our customers have come to expect an ever - changing assortment of high - quality merchandise ranging from clothing to household items, vintage pieces to top designer labels, and everyday items to collectables. Because many of our donors also shop at our stores, we find that the quality of goods received at our CDC's is superior to other delivery methods. On -site donations also benefit our nonprofit partners, because they receive payment for each donation brought directly to our stores. People now more than ever are demanding excellent customer service and convenience, and our donors and customers are no different. Similar to customers that utilize convenient drive -thru services at banks, drug stores or fast food restaurants, some donors simply do not want to wait for a scheduled pick -up at their house, and would prefer to drop off their goods on their way to work or while running errands. Our CDC's meet this growing expectation. Our cleanliness standards are high, as we recognize that our store's appearance, whether inside or outside, sends an immediate message to the community about the importance of their donations to our stores and the nonprofits we work with. In addition, we provide visible signage that clearly communicates our CDC policies to donors, and specially- trained CDC Ambassadors are stationed at the area during store hours and are immediately recognizable as the face of Savers and our nonprofit partners. The donation experience typically takes less than 30 seconds, depending on the amount of goods brought by a donor. When a vehicle pulls up to the designated area, an air -bell is sounded and the CDC Ambassador greets the donor, removes the goods from the vehicle, and immediately brings the items into the store. Although the CDC Ambassador is the main recipient of donations, all team members receive special training and have a responsibility to monitor the area. There are some additional facts we'd like to provide about the donation process that occurs at our stores: • The majority of all donors live within three (3) miles of the store. • 70% of all donations occur on Saturday and Sunday. • Almost 95% of all donations occur during the daytime hours. After hours illegal dumping is virtually non - existent when donations occur on the side or front of a property. In the event that illegal dumping does occur, we have an arsenal of effective procedures we will implement to combat the situation, including the installation of surveillance cameras, and as appropriate, the hiring of overnight security personnel. (Continued over page) Address: 11400 SE 6 th Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com TVI, Inc. dba Savers Thrift Superstore Appeal to City of Arcadia City Council Family of Thrill Stores Page 5 of 28 The Community Donation Center experience in City of Arcadia, California will be operated as follows: • Donations will be received only during store hours. • CDC Ambassadors will be stationed at the donation area during all store hours. • Building signage will designate the CDC area and be both directional and informational. • On -site, community donations will be received at the side of the building in a drive up configuration (see attached picture at Exhibit D). Finally, our business model is such that we log donations brought directly to the CDC's located at each of our stores, and we pay our nonprofit partners for every item collected. This allows our partners to depend on a steady stream of revenue that supports their much needed community programs and services. Address: 11400 SE 6 th Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com SCIVLk Family of Thrift 5t TVI, Inc. dba Savers Thrift Superstore Appeal to City of Arcadia City Council Page 6 of 28 EXHIBIT B EXISTING LANDLORDS LETTERS OF SUPPORT BRIXMOR TM Attention City of Arcadia; I am writing on behalf of Brixmor Property Group and our relationship with Savers in our retail portfolio. Brixmor is the second largest owner of community and neighborhood shopping centers in the United States. Brixmor owns and manages a national portfolio of approximately 600 retail properties, encompassing more than 94 million square feet of retail space, which are strategically located across 39 states. Savers currently operates locations in the following Brixmor shopping centers: Naperville, Illinois Donation Drive -Thru facility on prominent side of building Manchester, Connecticut Donation Drive -Thru facility on prominent side of building Las Vegas, Nevada Donation Drive -Thru facility on the front of the store Arlington Heights, Illinois Donation Drive -Up facility on the front of the store Meriden, Connecticut Donation Drive -Up facility on the front of the store Medford New York Donation Drive -Up facility on the front of the store Donation Drive -Up facility on the front of the store St. Paul, Minnesota During their tenancy, Savers has run a first class donation facility in each of our properties. Regardless of time or day, to date we have had no issues of any kind and have actually been pleasantly surprised at how clean and tidy their donation areas remain. Also worth noting, having their donation facilities in a highly visible and accessible location at the front or side of the building has eliminated after hour illegal dumping that often occurs behind shopping centers for many tenants and business owners. Savers co- exists with many other national retailers in our portfolio and the traffic generated by the donation facility brings added customers to our shopping centers. We continue to look for more opportunities to grow our relationship with the Savers organization. David Gerstenhaber Vice President, National Accounts Date Brixmor Property Group ♦ 420 Lexington Avenue ♦ 71h Floor ♦ New York, NY 10170 ♦ Phone 212.869.3000 ♦ Fax 212.869.3989 ♦ Brixmor.com Address: 11400 SE 61h Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com =VM Family of Thrift Stores TVI, Inc. dba Savers Thrift Superstore Appeal to City of Arcadia City Council Page 7 of 28 Minneapolis - St. Paul 4350 Baker Road, Suite 400 maim +l 952 897 7700 Minnoonlca, MN 55343 Fax +1 952 897 7704 w .cdliiers.com CoMers INTERNATIONAL June 26, 2013 Re: TVI, Inc. dba Savers, Northtown Village, Coon Rapids MN To Whom It May Concern: TVI, Inc. dba Savers opened a 29,876 sf store in Northtown Village Shopping Center, 1060 -2 Coon Rapids Blvd, Coon Rapids MN, in April, 2013. To accommodate Savers' community donation process, the Landlord re- designed a portion of the cement curb at the storefront and added a small donation location as shown on the attached design plan. The City of Coon Rapids was amenable to this change in the storefront drive lane and the use to the leased premises. Since Savers opened in April of this year, we have had no debris or illegal dumping issues in or near their donation facility. Savers has proven to be clean, conscientious and welcome addition to Northtown Village. Please feel free to give us a call if you have questions or would like to talk directly. Sincerely, Terese Reiling Vice President Colliers Minneapolis —St. Paul 4350 Baker Road Suite 400 Minnetonka MN 55343 DROP -OFF TAI ® "° I I rwCftll�owxOi wlE ef•YE Lt•. f. IXiYkrn. aN rarrura ^. �"'� care: cWWR � na,,c Address: 11400 SE 6 ch Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com =VM Family of Thrift Stares HIGHLAND MANAGEMENT ASSOCIATES, INC. June 27, 2013 Mr. David Cree Director of Real Estate Savers, Inc. 11400 SE 60 Street Bellevue, WA 98004 TVI, Inc. dba Savers Thrift Superstore Appeal to City of Arcadia City Council Page 8 of 28 1 East 22nd Street, Suite 201 Lombard, IL 60148 (630) 691 -1122 Fax (630) 691 -8572 RE: Savers Tenancy at Country Corners Shopping Center, Crystal Lake, IL Dear Mr. Cree, 1 am writing to express our gratitude and thanks for your staff's hard work at the Crystal Lake, IL location of Savers, Inc. As you are aware, Savers, Inc. opened in November 2011 at Country Corners Shopping Center in Crystal Lake, IL, which we have owned and managed since 1992, As you are also aware, we worked with Savers and your team to secure a special-use permit with the City of Crystal Lake for a covered donation drop -off location on the front of the building. Having completed a renovation of the center facade in 2008 / 2009 at a cost of more than seven hundred thousand dollars, we shared concerns with the City of Crystal Lake about the architectural features of the drop off canopy and the potential for "dumping" in front of the building. Naturally, the City and Highland Management were both interested in avoiding anything that would detract from the attractiveness of the overall center and in keeping a first class operating environment for the other Tenants at the shopping center. While we clearly had some reservations, your team assured us that you would take the appropriate security measures (closed circuit TV, policing the drop off area, etc.) and would work tirelessly and diligently to avoid any such dumping problems. I am pleased to say almost two years into Savers' tenancy at Country Corners, we have had absolutely no issues with dumping of trash or donations in the front of the building. In the rare event something was left outside the store during non - business hours, your staff has been there to clean up and remove any items prior to us having any complaints for either the local authorities or the other tenants of the Shopping Center. I want to commend you and your staff for keeping your ward and diligently working to keep the front of the Shopping Center clean. Your tenancy and hard work is a positive reflection on the Shopping Center, and the recent addition of Dollar Tree, the renewal of TJ Maxx and the expansion of Petco indicate that Savers is good for the Shopping Center and the local economy. Should anyone havc rrscrvatims about the addition of Savers or a drop oft`eampy to 661 cutter Orcornmunity, I would urge them to contact me w (630) j591 -1122, extension 1 1 have no reservations about Ehc decision we made to Support and altow the drop off l alion in front -of the store_ Thank you &&n, 7,_4 "JI Charles S. Margosim [H Senior V e President and PrimipaJ Address: 11400 SE 6 ch Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com S 0- avem Family of Thrift Stores TVI, Inc. dba Savers Thrift Superstore Appeal to City of Arcadia City Council Page 9 of 28 EXHIBIT C LETTER OF SUPPORT FROM PREMISES OWNER RALPHS GROCERY STORE 14:;0DJ0 " lEss� P. 0. Sox 54143 • Los Angeles, Cafffornia 90054 • (310) 8849000 June 21, 2013 Nick Baldwin Assistant Planner City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91066 Re: Vacant Ralphs Grocery Store 16 E. Live Oak Ave. Dear Mr. Baldwin, Ralphs Grocery Company is writing to inform the City of Arcadia of its support for the Conditional Use Permit application by Savers Thrift Superstore at the above referenced location. Unfortunately, Ralphs was required to close this location due to the negative financial performance of this store. We have been a valued member of the community for over 50 years and continue to operate Ralphs in the City of Arcadia. We have done our due diligence with the retail operational experience of Savers and feel extremely satisfied that they will provide a store that will be well managed, well maintained and appealing to the community. Savers will be providing local jobs to the community and enhancing a vacant property. Please keep in mind that Ralphs has no intention of leasing or selling this property to a food store, supennarket or grocery store operation. If this CUP is denied, it is likely that the building will remain vacant for many years due to the restrictions imposed by senior management on the allowed type of tenant for this vacant building. We look forward to working with the City of Arcadia in moving this exciting development forward to keep this retail building in a vibrant and appealing manner. Sincerely, Ralphs ro ryyompann Greg ro_y . Lukosky Manager - Real Estate Address: 11400 SE 6 ch Street, Suite 220, Bellevue WA 98004 Phone: (425) 450 -2316 Email: dcree @savers.com N = 00 O C w n 0 O aU O U � � a H u i a > 0 o � U -0 O U f6 -� N a IMI H m V2 W S i s F 7� ■ 12 r Z W f W 0 0 a cn W w H W a 0 W 0 W 0 a o�G a z 0 r } w J O a W -- W u�i wom O Q Z = oc� 4 y� rr O H *` U U w J� Jt�F r J vati� 0 Z 0 o e�� w W w S O mg a EL a Family of Thrift Stares TVI, Inc. dba Savers Thrift Superstore Appeal to City of Arcadia City Council Page 11 of 28 EXHIBIT E LETTER FROM NOT FOR PROFIT PARTNER HOPE SERVICES 4 1 k � hope services June 25, 2013 Nick Baldwin Assistant Planner City of Arcadia 240 W. Huntington Drive Arcadia. CA 91066 Dear Mr. Baldwin, Re: Vacant Ralphs Grocery Store 16 E- Live Oak Avenue We are pleased to support the City of Arcadia Conditional Use Permit application by Savers Thrift Superstore at the vacant Ralph's Grocery Store at 16 East Live flak. Savers is an excellent company, well managed, customer focused, generous and inspiring. We are Hope Services, a 60 year old non - profit organization providing social enterprise opportunities, job training, counseling and community living for people with developmental disabilities. Among many businesses, we have a re -use and recycle program for donations of clothes and household items, through pickup services and drop off locations. These donations are resold at Savers Thrift stores in Northern and Southern California. Proceeds directly benefit HOPE clients and help the environment by collecting items that avoid the landfill- Because of Savers, Hope has been able to provide our clients with jobs, as well as the ability to earn a living and take their place in our communities- This program helps to reduce the 87% unemployment rate for Californians with developmental disabilities. Since 1970, Hope is proud to be among the 140 non - profits in the Savers partner network- Over the last 10 years alone, Savers has paid more than $1.5 billion to nonprofits like Hope- We are particularly excited about our recent expansion of an environmentally friendly recycling donation center at Westfield Mall in West Covina. Proceeds from those sales pay the salaries of people with developmental disabilities who work at our center and provide cleanup services at the mall location. The donated clothes and items are then sold through Savers- We "hope" that the City of-A a moves forward with the permit process and Savers. Sincerely, _. M. Christensen Amazing is all in a day's work. 30 Las Gcl0as Lane • San Jose. CA 951 t9 -t 2t 2 ■ t 408.284.2B50 ■ f 408.284.2863 • hopesen,ices.org prrte.cf crt most- r- nrs5tiiner- •:.paste recycled poper. 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Huntington Drive Arcadia, CA 91007 Fax (626) 447 -9173 Re: Comments about applicant "Savers Thrift Superstore" conditional use permit I am a resident at 5615 Santa Anita Ave, Unit A, Tierra Villa HOA, with a total of 9 homeowners here. My husband, who is an engineer, and I, absolutely 100916 object; disapprove of the planning of Savers Thrift Superstore at the old Ralphs location, which is directly across the street from our residence. When my husband, who is HOA president also, read the letter of this proposed thrift store occupying the old Ralphs store, he was appalled, upset and extremely disappointed with the city to even consider this store near us, in this area. He finds this store, in his words, "UTTERLY USELESS OF A SPACE, A SLAP iN THE FACE." I completely agree with him. Most of our homeowners are professional; engineers, doctors, attorneys. They like high -end shopping NOT THRIFT store shopping. We do not want or need "another" thrift store in this area. There is already a Goodwill thrift store directly across the street from Ralphs, and another mom- and -pop thrift store around the corner on Live Oak across from Citibank. There is NO need. Also, GoodWiil already drags in undesireable low- income people to this affluent area. El Monte is just down a mile. We DO NOT NEED a third, mega thrift store, attracting more rift raft near our residence. I use to work in property management. I know the owners need to rent out soon or lose money, but... considering just anybody without a care, doesn't say much about their business ethics. This store is NOT a perfect fit by far ... maybe for El Monte. Hmm, try putting one in North Arcadia, near million dollar homes, and see if they like it. Instead,. we need another market, a Whole Foods, Fresh & Easy, Henry's or Sprouts would be a perfect fit. Please seriously consider one of these. Thank you. Please DENYany permit to Savers Thrift Superstore. Thank you for understanding this matter. Cordially, local resident, Mr. and Mrs. Avina Jason'Kruckeberg From: scan Vonmayrhauser <stan. von mayrhauser@g mail.co m> Sent: Thursday, July 25, 2013 12:33 PM To: City Council Email Cc: Jason Kruckeberg; Pat Auriemmo Subject: SAVERS THRIFT STORE APPEAL FROM PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION Importance: High Dear Arcadia City Council Members: We write as Arcadia residents deeply concerned about the Savers Thrift Store conditional use permit application for the lease of the building formerly occupied by Ralphs, at the corner of Live Oak and Santa Anita. We understand that Savers Thrift Store has appealed to the City Council the Planning Commission's denial of its application. We request that the City Council affirm the Planning Commission's denial of the Savers Thrift Store's conditional use permit application. Our concerns about Savers Thrift Store's proposed use of the referenced property are based first and foremost on the substantial threat which, we believe, this poses to the part of the City of Arcadia's Master Plan seeking to upgrade the quality of the East Las Tunas /Live Oak Ave. retail corridor, especially the segment running between El Monte and Second Avenue . Specifically, we believe that the nature of the merchandise to be sold in the Savers Thrift Store and the lower income clientele attracted to such a store would be at odds with, and undermine, the City's effort to attract to that corridor new retail establishments which are relatively more upscale and diverse than those which dominate this corridor. In this way the proposed use would adversely affect the Master Plan. Along a stretch which already has several thrift stores ( see next paragraph ), a tatoo parlor, several vacant buildings, and a long- vacant lot, the addition of yet another low budget store would go a long way in cementing the identity of this segment of the East Las Tunas /Live Oak corridor as "second class" retail corridor. This, we fear, will discourage future investment by relatively more upscale retailers in a way antithetical to the City's long range development plans. In the near term, a Savers Thrift Store takeover of the former Ralphs space could well hamstring efforts to fill the new nearby Dukeland Plaza with retail establishments far better suited to the needs of Arcadia's residents. Additionally, there is no need for yet another thrift store along this stretch. Several thrift stores already occupy this segment of the corridor: the large Goodwill Store, the B & S Thrift Shop, a pawn shop, the City of Hope Thrift Shop, and the Bargain Boy shop. People who patronize thrift stores are already well served by this group of stores along this several block stretch. Moreover, we believe that the substantial bulk of the people who patronize this group of thrift stores are not Arcadia residents, but come from the city of El Monte and cities further south and west . Both the significantly higher per capita income of Arcadia residents as compared with that of residents of El Monte and cities further south and west combined with the location of the this thrift store group - -- -only blocks north of the Arcadia/El Monte border - - -- provides common sense support for our view that these thrift stores do not predominantly serve the needs of Arcadia residents. In sum, we believe that the addition of another thrift store in this area would undermine, and therby adversely affect, the City of Arcadia's Master Plan goals for upgrading the East Las Tunas /Live Oak retail corridor. In addition, it is not needed by the primary population which shops at the already more than adequate number of thrift stores in this area. Finally, it is very unlikely that thrift stores of this type serve the needs of most Arcadia residents. For these reasons, we strongly urge the City Council to affirm the Planning Commission's denial of the Savers Thrift Store's conditonal use permit application and deny any and all future applications by any business entities to operate new thrift stores in this corridor. Respeefully, Stanford and Barbara von Mayrhauser 183 W. Woodruff Ave., Arcadia, CA 91007 Excerot from 6 -11 -13 Planning Commission Meetina 3. on "onal Use PeMllt No. CUP 13-03 Architectural Design Review No. ADR 13 -05 Determination of a Class 1 Categorical ExemLbon Applicant: Savers Thrift Superstore 16 E. Live Oak Avenue The applicant is requesting a Conditional Use Permit and Architectural Design Review approval with a Class 1 Categorical 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). Recommended actions: Approve Conditional Use Permit No. 13-03 Approve Architectural Design Review No. ADR 13-05 Find that the project is a Class 1 Exemption from CEQA Assistant Planner, Nick Baldwin, presented the staff report. Ching — Thank you very much. Any questions from the Commissioners. Tony — Yes, Mr. Chairman, I have a question regarding Item No. 2. It seems to me that the alley can be closed to through traffic but there's no limitation on the period of time for which the alley can be dosed. Now that's a public alley, the public uses it going back and forth to different streets so it seems to me that there should be some limitation placed on the amount of time that the applicant would be able to block the alley and do we have any conditions that we can place on the amount of blockage? Nick — That alley actually terminates at this property. So it's not a requirement or — of this property owner to keep it open. I believe with the existing Ralphs store It was In their interest to keep this open. That's why they kept it open. So it's an option of - of this new applicants t:o close it if they chose. Putting a time limit — or otherwise limiting access is something we could discuss as a condition of approval. Tony — I'd like to know from the City Engineer what type of conditions the City Engineer would place on closure of a public alley. Phil — Mr. Chairman and Commissioners thank you. Let me clarify. The public alley doesn't continue through this property so there's really no public alley on their property. It only comes up to the property and terminates. So In essence they're not blocking the public alley, they`re blocking access to the alley. It would be like an access to a public street. So, that's why when we looked at we decided there really are two options and they really don't make a difference to us. If they chose to just close that completely that's sufficient as far as we're concemed. Then they would need to provide some kind of a permanent barrier at the alley where their access joins the alley. If they chose to keep that open then we would expect that they keep that open and dear at all times and not block it so that it appears that it's an access that's blocked. I hope that clarifies it. Tony — So the alley actually does not go all the way through to Santa Anita. Phil — Correct. It terminates right there at the loading dock. Tony — I see. Phil — There's actually a — it appears on the map — there's a cul-de -sac bulb that doesn't fallow the design of that parking lot adjacent to the building. Tony — I note that on the tract map attached to the — that there is a cul-de -sac so the alley Is not a true alley to Santa Anita. Phil — Right — The alley terminates and then that would be just like an access point on to the alley. Tony — So with that in mind though, if the applicant wanted to close - and the way it's worded it says "close the alley" so it gives the impression that It's going to be closed to through traffic. So I'm a little bit concerned with that because I do know that there is access — that people do utilize the alley and then go on to the Ralphs property out to Santa Anita. That's used quite frequently. So, what kind of recommendations would you make to the applicant? Phil — That`s correct. It probably is used as a pass through from points east of the center for people to get over to Santa Anita although that's really not the intended use of their parking lot. So, uh — I don't know that it matters either way. We tend to not like alleys dWre just more of a problem for maintenance and all but they do sere a purpose as access to — and as you can see in this case all the businesses east of this have their parking in the back and they really do need that alley. In a way, It does act as an access connection for the whole block. So I think if I set aside the legalities of people passing through the lot it does help to provide a circulation another alternative or another option for folks trying to get back to the alley that would take traffic off of Live Oak and Santa Anita I suppose. So keeping it open probably does serve a purpose but it's really a more the property owners. Tony — Could we impose an easement across the subject property for extension of the alley to Santa Anita — and maybe that's a question for the City Attomey. Phil - Let me just comment before — one of the things = the legalities I'm not sure — but one of the things it would do is it would put a burden on us to maintain that. So it would become a public access. As I said alleys are sometimes difficult to maintain and and and pave and so on so It's an addition burden on us when we would probably look to try to get rid of alleys but III defer to the City Attorney on this. Steve — Well I believe you could Impose a condition to that effect if indeed the requirement of the dedication of an easement is directly related to the proposal before you and is caused by It and the obligation Is proportional. In other words, you're not placing on this one applicant the full burden of doing something that others should share in. So those two tests have to be made — direct effect and proportionality. Tony — thank you Sam — The subject property, does that Include lot 1, 2, 3,4 and 5? Phil — Yes, that's correct. Sam — Well then actually the alley - from the plans I've seen -- the alley is right at the rear of the building — Isn't it? Phil — It runs through the — I guess I would say the loading dock area. It's just south of the building. So it doesn't go directly into the building. It goes just south of the loading dock. Sam — Thank you. Ching — I have a quick question. What is determined to be the front of the development as indicated on the staff report? Is it on Live Oak or is it Santa Anita? Just so I'm dear. Nick — Well the — we're discussing the front of the store — Its definitely the Santa Anita — is the front. Ching — Okay. And with regard to minimizing the curb cut I imagine the intention is to prevent any slow down or obstruction to traffic on Santa Anita then. There was a mention In the report that the design seeks to minimize or limit curb cuts or driveways at the front of development. Maybe you can clarify. Maybe I misunderstood. Jim — What you're looking at there is the description of the General Plan designation for mixed uses. It Is part of the policy of the General Plan to minimize curb cuts and driveways at the front of developments where rear or side egress options are available. And in terms of a mixed use project we hope to generate pedestrian activity so we would not want to see the front of a business or property occupied predominately by driveways. That's the reason for that part of the policy. Here we're not dealing with a mixed use project and we're dealing with actually an existing situation and clearly the size of this retailer is not set up for predominately pedestrian activity. Ching - So there wouldn't be a need for an additional curb cut for a driveway at this project. Jim - No they are utilizing the existing situation. Ching - Thank you. And with regard to the undesirable activities associated with a thrift store - other than the view corridor that provides visibility and the 24 hour lighting and the trash bins what has the City typically done In similar cases with regard to thrift stores - if anything? Jim - We have several thrift stores in the city a number of which are in this particular location. We have not had too much difficulty with the dumping of materials at the rear or even the front of a thrift store. Most of them provide clear signage you know that that's not an acceptable activity. If and when it does occur, except maybe on the weekends, the material is readily gathered up by the thrift store. We typically, you know, when It comes to dumping activity it is not limited to thrift stores. We do have that situation occurring throughout the city and Code Services and Public Works are quick to have it taken care of. Ching - So the recommendations as provided by the city staff is typical of what Is - strike that - it`s not just for thrift stores that we are imposing the 24 hour lighting and the visibility and the trash compactor. That's generally what it Is for all retail of this size? Jim - When we can impose these kinds of requirements, yes. The areas trash enclosures, rear access. We certainly want to make sure that they are adequately lit at all times. Ching - So there aren't typically additional - typical or additional requirements of thrift stores of this type? Jim - Not just for thrift stores. Large retailers tend to have their parking lots you know lit but then they don't operate 24 hours a significant portion of the parking lot lights will be turned off but in this case we want center to remain lit. Ching - Thank you. Bill - Mr. Baldwin, in describing the undesirable activities associated with thrift stores and donation centers maybe we could look at an existing similar use. There's a Goodwill Store about a block away. Do they have a donation center or drop facility at that location. Nick - I believe you can donate at that store. They're -- and` um - let's see Jim — My experience with a Goodwill store is large items — customers are directed to go to the rear loading dock and they will be assisted with their donations. If you had a few bags of clothing you could certainly carry them into that store and they will process your donation. Bill — I guess I'm trying to figure out — do we have anything like apples to apples to compare this with? Or is it a different type of ? Jim — It appears to be a little bit different but we can't really compare apples to apples. This is the first thrift store that is subject to a Conditional Use Permit. So we don't have those kinds of discretionary conditions on the existing thrift stores. Bill — I also have a question on the 24 hour lighting. Wouldn't that be — I think there's some residents that back up to that lot — wouldn't that sort of be an annoyance to them? Jim — Well the lighting is required to essentially terminate at the property line. If we had complaints we would go out and have that reviewed and if absolutely necessary we have had the Police Department or Code Enforcement do light measurements to what the effect is at the property line. Ching — Given the nature of this type of business where there are occasions where people will come and drop off items and given that there is a 43 parking space deficiency at the property — is there any discussion about maybe having an area where Ws a ten or fifteen minute parking space so that people can come drop off their item and then leave so that It can mitigate some of the 43 space deficiency? Jim — We see that there's a deficiency per code but our experience is that In keeping with the current Ralphs grocery store the parking lot is rarely mostly full except maybe during Thanksgiving and Christmas. We don't see the level of activity at this thrift store to come anywhere near the level of Ralphs. So we don't see that there's really a parking problem. Ching — Would that Impose an additional burden if we were to ask for something of that nature where they would have a like a drop off zone? Jim — I don't think so but we could certainly ask the applicant if they would have any - difficulties with that. -° - Ching - -Thank you very much. The, Public Hearing is now open. Is there anyone who would like to speak in favor of this item? Please sir if you would come up and sign In at the podium. Greg — My name's Greg Parsons. I'm a construction manager for Savers. And, just in the conversation, there are a couple of Items that I wanted to address and the frst one was the parking where that CDC, the donation center is, those are marked not with ten minutes but they are clearly marked with "Donation Parking Only" so we hope people come and drop off and then take their vehicles off those 3 or 4 parking spots. As far as the light spillage off the property, we can easily shield those lights so they reflect downward as opposed to spreading out. Also at the CDC area we have a recording camera, a video camera that active 24/7. There was one more but I can't remember what It was right now. Tony — Yes sir, I think it was the issue of blocking the alley but of course we now know Is not a through alley but I was wondering if you would be willing to try to make best efforts to try to keep that area open because there's so many businesses along Live Oak that depend upon the alley and access through what is the property. Greg — While I can't make promises for the Corporation I can say that we're had conversations about maintaining that open and we can control that by the depth of the trailer that goes back there — Use 48, 531, 57 foot long trallers and once they back the trailer In they can disconnect off the tractor and pull the tractor up and park It to the side while they're loading or unloading that trailer. So, it would kind of mitigate blocking that alley, Tony — Thank you. Bill — Mr. Parsons I don't know if you'd know the answer to this but is Savers a not for profit corporation? Greg — No we are for profit. Bill — So that when people donate at the community donation center they don't get a tax write-off? Greg — They do get a tax write -off, they get a receipt. We give them a receipt, explain how we take our donations from the non - profits in the community. We pay them for those donations then we go through the product and sell what's sellable. We recycle what's not sellable and that's what keeps our business alive. But we are definitely for profit so that we pay city taxes. Ching — Thank you very much Mr. Parsons. Is there anyone else who would like to speak in favor of this item? Seeing none. Is there anyone who opposes this item? Thank you very much. Is there a motion to close the public hearing. MOTION It was moved by Commissioner Falzone, seconded by Commissioner Beranek, to close the Public Hearing. Without objection the motion was approved. Ching — Any further discussions on this matter? What are your thoughts in terms of having the lights shielded so that it mitigates some of the light pollution that would go into the back — the residential properties abutting the property or do you feel that it is unnecessary? Bill — Well, my thoughts are that it is kind of a gateway to, one of the gateways, to Arcadia and I'm not thrilled about it becoming a thrift stone alley but I also know there's some residents that — I'm not really in favor of this item but light is just, lighting is just part of it. Ching — Right I too echo your sentiments about this so I understand. Is there any other opinion or discussion on this matter? Okay. Is there a motion then? Ed — I'll move to approve this project — Conditional Use Permit No. CUP 13-03 and Architectural Design 13-05 and find that it meets the required findings on page 4 and that the staff finding that this is a CEQA exempt project and direct staff to prepare a Resolution for adoption at the next meeting that incorporates the Commission's decision, determinations, findings and conditions of approval. Ching — I'll second that Can we have roll call please, Commissioner Baerg — No Commissioner Beranek — Yes Commissioner Falzon — No Commissioner Parrille — Yes Chairman Chiso — No Ching — The motion is denied. A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of this Resolution. Jim — Mr. Chairman i believe we have a motion that was to approve and that motion was not, do we have an alternative to motion for denial of the proposal? We have a no vote on the motion to approve. We don't have a motion to deny. Bill — I'll make a motion to deny. Sam — Second Bill — I'll need to state one of the grounds of the motion. I'll move to deny the application based on the fact that it did not satisfy Finding No. 1 on the staff report, on page 4 of the staff report. Sam — Second Ching — May we have roll call please? Commissioner Baerg — Yes Commissioner Beranek — No Commissioner Falzone — Yes Commissioner Panille — No Chairman Chiao — Yes Ching — The motion is now approved. Jim — Denied Ching — To be denied pursuant to Commissioner Baerg's motion and so a Resolution reflecting this decision of the Planning Commission will be presented for adoption at the next Planning Commission and again there's a five working day appeal period for the adoption of this Resolution. RESOLUTION NO. 1876 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT APPLICATION NO. CUP 13 -03 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 13 -05 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 AVENUE WHEREAS, on March 11, 2013, applications were filed by Mr. Greg Parsons 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 Avenue, Development Services Department Case Nos. CUP 13 -03 and ADR 13 -05; and WHEREAS, a public hearing was held by the Planning Commission on June 11, 2413 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 June 11, 2013 are true and correct. SECTION 2. That this Commission finds that the granting of such Conditional Use Permit will 4e detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity, While there are four thrift stores within a quarter -mile of the subject site, the location of the proposed thrift store is at a prominent intersection at a gateway to the City of Arcadia, and having the undesirable activities of scavenging and dumping of goods that typically occur at thrift stores at such a highly - visible location would be detrimental to the public health and welfare, and injurious to the other properties and businesses in the vicinity of the subject site. SECTION 3. That for the foregoing reason this Commission denies Conditional Use Permit Application No. CUP 13 -03 and Architectural Design Review No. ADR 13-05 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 Avenue. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this ,, 1, day of �. 2013. ATTEST: S ary APPROVED AS TO FORM- r #e en P. D Wch City Attorney e Chairman, Planning Commission -2- 1 876 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES SS. CITY OF ARCADIA y i, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1875 was passed and. adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 25th day of June, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Beranek, Falzone, Parrille and Chrao NOES: None ABSENT. Commissioner Baerg Secretafy of the Planning Commission