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HomeMy WebLinkAbout6990RESOLUTION 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 15301 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. 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 -4- 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. -5- 13. The applicant shall enhance the facade of the Live Oak Avenue elevation through the addition of landscaping and /or building treatments to the satisfaction of the Community Development Administrator. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 20th ATTEST: Ci lerk APPROVED AS TO FORM: 1 " • a-- Stephen P. Deitsch City Attorney N day of August , 2013. ez& �Iltl ayor of jt o-tcadi-a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6990 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 20th day of August, 2013 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Harbicht and Segal NOES: Council Member Wuo ABSENT: Council Member Kovacic -7-