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HomeMy WebLinkAboutItem 3 - CUP 14-19 DATE: January 27, 2015 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: RESOLUTION NO. 1933 – APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. CUP 05-15 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE SALE OF BEER AND WINE FOR OFF- SITE CONSUMPTION AT THE EXISTING DRUGSTORE (WALGREENS) AT 140 E. LIVE OAK AVENUE Recommendation: Adopt Resolution No. 1933 SUMMARY The applicant is requesting approval of an amendment to a Conditional Use Permit to allow the sale of beer and wine for off-site consumption at the existing 14,490 square- foot, Walgreens pharmacy and drugstore at 140 E. Live Oak Avenue – see Attachment Nos. 2 & 3 for the aerial photo, photos of the site, and proposed plans. It is recommended that the Planning Commission approve the amendment and adopt the attached Resolution No. 1933 (Attachment No. 1) that incorporates a finding that this project qualifies as a Categorical Exemption under the California Environmental Quality Act (CEQA), and the requisite findings to amend CUP 05-15 to allow the sale of beer and wine for off-site consumption. BACKGROUND The subject property is a 67,450 square-foot parcel zoned MU, Mixed Use. It is developed with a 14,490 square-foot drugstore (Walgreens) that was constructed in 2006. The Planning Commission approved Conditional Use Permit No. CUP 05-15 for this drugstore. The site is shared with a Jack-in-the-Box restaurant with a drive-thru. This restaurant was approved by CUP 99-005. Resolution No. 1588 for this restaurant is attached (Attachment No. 7). The surrounding properties consist of a vacant lot to the immediate west zoned MU; single-family residences to the south of the site located outside of Arcadia city limits; a CUP 14-19 140 E. Live Oak Avenue January 27, 2015 Page 2 of 5 retail shopping center zoned MU to the east of the site across Tyler Avenue; and a series of retail and office uses zoned C-2 to the north across Live Oak Avenue. PROPOSAL The applicant is requesting to amend Conditional Use Permit No. CUP 05-15 for the existing 14,490 square-foot pharmacy and drugstore (Walgreens) to allow the sale of beer and wine for off-site consumption. The current operating conditions for the pharmacy and drugstore are included as Attachment No. 4 in Resolution No. 1734, and Condition No. 4 states, “The sale of alcoholic beverages is not permitted.” The proposed amendment would revise this condition to allow the sale of beer and wine for off-site consumption. The sale of other types of alcoholic beverages would continue to be prohibited. Staff recommends amending the existing CUP condition as follows: The sale of alcoholic beverages is not permitted. beer and wine for off-site consumption is permitted as part of this Conditional Use Permit. The sale of hard liquors, spirits, liqueurs, and other alcoholic beverages is prohibited. ANALYSIS The Arcadia Police Department reviewed the proposed amendment and has no objections to allowing the sale of beer and wine at this location. No further changes are proposed to the existing pharmacy and drugstore, and the remainder of the conditions of approval stated in Resolution No. 1734 will remain in effect. As a commercial use, the pharmacy and drugstore are consistent with the zoning and land use designation of the site and area. The amended condition of approval will not result in an adverse impact to the neighboring businesses or properties. 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 (amendment) will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. Facts to Support the Finding: A Conditional Use Permit allowing the existing pharmacy and drugstore was approved by the Planning Commission in 2005. The amendment to this Conditional Use Permit will allow the sale of beer and wine for off-site consumption. The other conditions of approval will remain unchanged. The sale of beer and wine for off-site consumption is a typical practice for grocery stores and drugstores, and the City’s Police Department has no objection to the proposal. As a commercial use, the pharmacy and drugstore are consistent with the zoning CUP 14-19 140 E. Live Oak Avenue January 27, 2015 Page 3 of 5 and land use designation of the site and area, and with the current and amended conditions of approval, 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. Facts to Support the Finding: In the MU, Mixed Use Zone, a pharmacy and drugstore with alcoholic beverage sales is allowed with an approved Conditional Use Permit per Section 9268.1 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. Facts to Support the Finding: The existing pharmacy and drugstore will remain unchanged except for the sale of beer and wine for off-site consumption. The existing site and commercial center development are adequate in size and shape to accommodate the existing pharmacy and drugstore use, and the amendment to add the sale of beer and wine does not require any further adjustments to the site. 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. Facts to Support the Finding: The site is located along Live Oak Avenue, which is a primary arterial adequate in size and pavement type to carry the traffic generated by the current use, and will remain adequate for any additional traffic due to the amendment to the existing Conditional Use Permit. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Facts to Support the Finding: As part of a larger pharmacy and drugstore, the sale of beer and wine for off-site consumption is a typical commercial activity consistent with the existing commercial use that is consistent with the Mixed Use General Plan Land Use Designation of the site and will not adversely affect the comprehensive General Plan. The proposed amendment 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 continue to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Any changes to the CUP 14-19 140 E. Live Oak Avenue January 27, 2015 Page 4 of 5 existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, or designees. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then 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 as an existing facility. See Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS Public hearing notices for CUP 14-19 were mailed on January 16, 2015, to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property. See Attachment No. 6 for the 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 January 21, 2015, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve the amendment to Conditional Use Permit No. CUP 05-15 to allow the sale of beer and wine for off-site consumption. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve the amendment to Conditional Use Permit No. CUP 05-15, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1933 that incorporates the requisite environmental and Conditional Use Permit findings and the amended conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny the amendment to Conditional Use Permit No. CUP 05-15, stating the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. CUP 14-19 140 E. Live Oak Avenue January 27, 2015 Page 5 of 5 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 27, 2015, hearing, please contact Associate Planner, Tim Schwehr at (626) 574-5422, or tschwehr@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1933 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Resolution No. 1734 (CUP 05-15) Walgreens original CUP Attachment No. 5: Preliminary Exemption Assessment Attachment No. 6: 300-foot Radius Map Attachment No. 7: Resolution No. 1588 (CUP 99-005) Jack-in-the-Box Attachment No. 1 Attachment No.1 Resolution No. 1933 Attachment No. 2 Attachment No.2 Aerial Photo with Zoning Information & Photos of Subject Property Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a n/a n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: MU Number of Units: MU Zoning: Property Characteristics 200 14,4  0 WALGREEN CO LESSEE MEEKER FAMILY PARTNERS LP LESSOR 140 E. LIVE OAK AVE. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated21-Jan-2015 Page 1 of 1 SUBJECT PROPERTY – WALGREENS DRUGSTORE SUBJECT PROPERTY – WALGREENS PARKING LOT AND BUILDING Attachment No. 3 Attachment No.3 Site Plan & Floor Plan Attachment No. 4 Attachment No.4 Resolution No. 1734 (CUP 2005-015) RESOLUTIONNO. 1734 A RESOLUTIONOFTHEPLANNINGCOMMISSION OFTHE CITYOF ARCADIA, CALIFORNIA, APPROVING CONDITIONALUSEPERMIT2005-015AND ARCHITECTURALDESIGN REVIEW2004-020TOALLOWA DRIVE-THRUPHARMACY, ANDALOADINGSPACE CLOSER THAN100' FROM RESIDENTIALLYZONED PROPERTYFOR ANEWWALGREENSPHARMACYAND DRUGSTOREAT 140E. LIVEOAKAVENUE. WHEREAS, the City ofArcadia on July 12, 2004, received anArchitectural Design Review application followed by aConditionalUse Permit application on August 18, 2005 byGeorge MeekerofMeekerFamily PartnersLP, onbehalfof WalgreensCooperation to allow anew Walgreens Pharmacy and drug storeat 140 E. LiveOakDrive; and WHEREAS, pursuant totheprovisions oftheCaliforniaEnvironmental Quality Act, PublicResources CodeSection21000 et seq. ("CEQA"), andthe State's CEQA Guidelines, the City ofArcadiaprepared anInitial Study and determined, thereis nosubstantial evidencethattheapproval ofConditionalUsePermitNo. 05-015andArchitectural Design ReviewNo. 04-020wouldresultin a significant adverseeffect onthe environment. Accordingly, a Negative Declarationhasbeen prepared andnotice ofthatfact was given inthe manner requiredby law; and 1 WHEREAS, a publichearing washeld by the Planning Commission onOctober 11, 2005, at whichtimeall interested persons were given full opportunity to be heardand present evidence. NOW, THEREFORE, THEPLANNINGCOMMISSION OF THECITY OFARCADIA RESOLYESASFOLLOWS: SECTION 1. That thefactualdatasubmitted by theDevelopment Services Department in theattached report is trueand correct. SECTION 2. ThisCommissionfinds: I. Thatthe granting ofsuchConditionalUsePermitwill notbedetrimental tothe public health orwelfare, or injurious tothe property or improvements insuch zone or vicinity becausethe proposed usewillbecompatible withthe surrounding uses, anditwill be an appropriate useforthe subject site, andthe proposed project will provideadequate parking forthe Walgreens andexisting restaurant use. 2. Thatthe use applied for atthelocationindicatedis a proper one forwhich a ConditionalUsePermitisanthorized. 3. Thatthesiteforthe proposed use is adequate insizeandshape toaccommodate said use. All yards, spaces, loading, landscaping, parking, and otherfeatures are adequate to adjust said usewiththelandand uses inthe neighborhood. The proposed projectcomplies withallrelated zoningrequirements assetforthinthe Arcadia Municipal Code. 2 4. Thatthesiteabuts two major streets. and alley that are adequate inwidthand pavementtype to carry thekindoftraffic generated by the proposed use. 5. Thatthe granting ofsuchConditionalUsePermitwill not adversely affectthe comprehensive GeneralPlanbecausetheland useand current zoning are consistent withtheGeneralPlan. 6. Thatthe use applied for will nothave asubstantialadverse impact onthe environment. andthat based upon the record asawholethereis noevidencethat the proposed project willhave anypotential for anadverseeffect onwildlife resourcesorthehabitat upon whichthewildlife depends. SECTION3.Thatfortheforegoing reasonsthisCommission grants ConditionalUsePermitNo. CUP 05-015andArchitecturalDesignReview No. 04- 020 toallow adrive-thru pharmacy. andloading space within 100' from residentially zoned property for anew WalgreensPharmacy anddmg storeat140 E. LiveOakAvenue, upon the following conditions: I. Prior toissuance of a building Denni!, alotconsolidationofthe subject lots mustberecorded by the Applicant withtheLos AngelesCounty Recorder'sOffice tocreate an appropriateparcel fortheproposed development. 3 2. Thehoursofoperation forthe store anddrive-thrupharmacy shallbelimited from 7:00 am. toII :00 p.m., everyday. Deliveriesshallonly occurbetween 10:00 a.m. to 7:00 p.m., Monday throughFriday. 3. The Walgreens shallnotexceed14,805 square feet. 4. Thesaleofalcoholicbeverages is not permitted. 5. The proposedlight fixturesintheparking lot areashall notexceed15'-0" in height sincethesiteis100' from residentially zoned properties. The height of the light posts shallbemeasuredfromthe elevationoftheadjacent pavement of the parking lot. 6. Allthe light fixturesshallbehoodedand arranged toreflect away fromthe adjoiningproperties and streets. 7. A minimumof98 parking spaces shallbeprovided onsite, andtheparking spaces shallbedouble striped inaccordancewithMunicipal CodeSection 9269.8.1. 8. A landscape and irrigationplan shallbe submittedforreviewand approval by the CommunityDevelopment Administrator, orhis/herdesigneeprior to issuanceof a buildingpermit. 4 9. The proposed 10'-0" high masonry wallenclosure, whichshall screen the loading area, shall beconstructedandfinishedwith amaterialthat IS architecturallycompatible withthe building'sexterior. 10. PerthePublicWorkscondition, the applicant must removeand replace all the trees withinthe parkway. TheStreetSuperintendent shalldeterminethe tree sizeand type. 11. The proposedproject shallcomply withtheconditionsofapproval by the EngineeringDivision, asset forthintheirmemorandum, dated September 23, 2005. 12. Theproposed project shall comply with the NationalPollutant Discharge EliminationSystem (NPDES) requirementsrequired by thePublicWorks Services Department, assetforthintheirmemorandum dated September 19, 2005. 13. Theproposedproject sballcomply withtheconditionsofapproval by the Fire Department, assetforth intheirmemorandum, dated September 20, 2005. 14. Approval ofCUP2005-015and ADRNo. 2004-020 shall nottakeeffect until the propertyowner(s) and applicants haveexecutedand filedwiththe Development Services Department theAcceptance Formavailablefromthe 5 Development Services Department toindicate awarenessand acceptance of theseconditions ofapproval. IS. The applicant shalldefend, indemnify, andholdharmlessthe City of Arcadiaandits officers, employees, and agents fromand against anyclaim, action, or proceedingagainst the City of Arcadia, itsofficers, employees or agents to attack, setaside, void, orannul anyapproval orconditionofapproval oftheCity of Arcadia concerning this project and/orland use decision, including but not limited to anyapproval orconditionofapproval oftheCity Council. Planning Commission, or City Staff, whichactionis brought within thetime period provided for inGovernment CodeSection66499.37 orother provision oflaw applicable tothis project ordecision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/orland use decision andthe City shall cooperate fully inthedefenseofthe matter. The City reservesthe right, atits own option, tocbooseits own attorney to represent theCity, itsofficers, employees, and agents inthe defense oftbe matter. SECTION4. The decision, findings andconditionscontainedin this ResolutionreflecttheCommission'sactionofOctober 11,2005, by thefollowing vote: (3-0) 6 AYES: NOES: ABSENT: CommissionersBaderian, Hsu, andOlson None Commissioners LucasandWen SECTION 5. The Secretary shall certify tothe adoption ofthisResolution andshall causea copy to beforwarded to theCity CounciloftheCity ofArcadia. IHEREBYCERTIFYthatthe foregoing Resolution was adopted at a regular meeting ofthePlanning Commissionheld onthe 11th day ofOctober2005, by the following votes: AYES: NOES: ABSENT: CommissionersBaderian, Hsu, andOlson None CommissionersLucasandWen Ae~~-Chairman:-Pfanning Commission City ofArcadia ssion APPROVEDASTOFORM: b-- (). ~ Stephen P. Deitsch, CityAttorney 7 STAFFREPORT Development Services Department October11 , 2005 TO: FROM: ArcadiaPlanning Commission DonnaL. Butler, CommunityDevelopment Administrator By: LisaL. Flores, SeniorPlanner SUBJECT:Conditional UsePermit2005-15andArchitectural Design Review2004-020for a proposedWalgreenspharmacy and drug storeat140E. LiveOakAvenue. SUMMARY Thesubjectapplications werefiledby MeekerFamily Partners, LP onbehalfof Walgreens toallow anew Walgreenspharmacy and drug storeat140E. Live OakAvenue. TheDevelopment Services Department isrecommending approval ofthe applications, and adoption ofResolutionNo. 1734, subject to the conditionsof approval outlinedinthisstaff report. GENERALINFORMATION APPLICANT: George Meeker ofMeeker Family Partners. LP on behalfof Walgreens LOCATION: 140 E. LiveOakAvenue REQUEST: A Conditional UsePermitandArchitectural Design Review to allow anew Walgreensdrug storewith adrive-thru pharmacy, and a modification toallow a loading space closerthan100' from residentially zoned property. LOTAREA: 90,375 square feet (2.07 acres) FRONTAGE: Approximately 439' along LiveOakAvenue Approximately 219' alongTyler Avenue EXISTING LANDUSE & ZONING: A2,400 square footJackintheBox restaurantatthesouthwest comerofthissite. Theproperty iszonedC-2. SURROUNDING LANDUSES & ZONING: North: South: East: Strip commercial; zoned C-2 Single-family residentialinLACounty Strip commercialandAlbertsons Supermarket; zoned C-2andC-M & D. Variousretailbuilding andDay CareCenter; zonedC-2West: GENERALPLANDESIGNATION: Commercial BACKGROUND The proposed project involves9lots, totaling90,375 square feet. Since Walgreens intendstosharethe on-siteparking areawiththeJackintheBox restaurant, asshown on the siteplan, consolidationofthe subject lotswouldbe required to adequately accommodatethe proposeddevelopments. PROPOSAL Theapplicant proposes todevelop anew14,805 square footWalgreensdrug storewith adrive-thrupharmacy. Thedrive-thrupharmacy willbelocated atthe westerly sideof thebuilding, andwill be utilized by the customersfor pick-up prescriptionsonly. The planned drive-thrulane allowsforthe stacking of4 vehicles. Based onstaffs experience withotherdrive-thru pharmacies inthe City, amaximumoffour cars typically usethedrive-thru pharmacy per hour. The drive-thru pharmacy will operate during the samebusinesshour as thestore, whichisfrom10:00 a.m. to10:00 p.m., everyday. Therewill be atotalof10 employeesduring eachshift, andthe employeeparking willbelocated along the westerly sideofthe property. A loading areawillbelocatedat the rearofthe buildingadjacent to the alley and within100' ofresidentially zoned property. Inordertominimizedisturbancesto CUPNo. 2005-015andADRNo. 2004-020 October11 , 2005 Page 2 thenearby residences, a10'-0" high masonry walland a5'-0" wide landscape bufferwillbeconstructedto serveasanoisebuffer. Deliverieswill occuroncea weekinthe morningduring business hours. Parkino Theexisting JackintheBox restaurant wasconstructedin2000, and was originally builtwith49 parking spaces. However, as aresultof new parking requirementsadopted in2004, only 24 parking spaces are required for theJack intheBoxrestaurant (Le. 10 parking spaces for every 1,000 square feet). As for the Walgreens, atotalof5 parking spaces are required for every 1, 000 square feetof gross floor area, totaling 74 parking spaces. Therefore, atotalof98 parking spaces are required forboth uses. Based onthesubmittedsiteplan, 98 on- site spaces willbeprovided. In regards to access, the subject sitewillhave fivedriveways: twodriveways on LiveOakAvenue; twodriveways offtheadjacentalley; and one driveway on Tyler Avenue. Theparking areawillbewelllit bylight fixturesthatwillnot exceed15'-0" in height tomeet publicsafety andvisual impact concerns. TheCityEngineer hasreviewedthisproposal. andhasstatedthatinhis opinion the proposeddrug storewouldnotcreate a significant impact tothe currenttraffic or circulation patterns withinthe areasincethe on- siteparking and circulationis adequate forthe proposed uses. Architectural Desion Review Staffandthe City'sarchitecturalconsultant support theproposedSpanish Mediterranean style ofarchitecture. The basecolorwillbelightbeige withtwo accentcolorsto accentuatethebuilding. Specifically, thebuilding willalso have deep roof eaveswith exposed cornices onthe tower, half-sided gable roofs along theeastandwestsideofthe building, and stone veneeratthebase. Further enhancementsinclude avariationofhorizontalandverticalreliefelements, a covered walkway witharches along theeastsideofthebuilding, a thick decorative comice along theroofline, and scorings onthebuilding walls. The proposed Walgreens willalsobecompatible intermsofarchitecturalstyle andcolor withtheJack intheBoxrestaurant. whichisSpanish Mission. Signage willbe processed afterthe considerationoftheConditionalUsePermit, since theapplicantrequested additionaltimeto design an appropriate monument sign. CUPNo. 2005-015andADRNo. 2004-020 October11, 2005 Page 3 ANALYSIS A drug storeis a permitted useintheC-2 zone, anddoesnot require anyspecial permits. However, aconditional use permit is required for thedrive- thru pharmacy, and amodification mustbegranted toallowthe loading space tobe locatedcloserthan100' fromresidentially zoned property. TheCitycurrently hasthreedrive-thru pharmacies, a Walgreens atthenorthwest comerofSantaAnitaandLasTunasDrive, a CVS pharmacy at9952-9956Las TunasDrive, and aSav-on drug store at188W. LasTunasDrive. Based on staffsobservationofthe existing drive-thrupharmacies, itisbelievedthat the applicant's proposal willnotcreatesignificant trafficproblems or disruption tothe traffic onLiveOakAvenue. The proposed locationfor the loading areawouldbescreenedfrom the neighboring residences by a10'-0" high masonry wall enclosure, and asizeable landscape buffer. Theapplicant hasinformedstaffthatdeliverieswill occuronce aweekafter10:00 a.m. There willbe no off-siteliquor sales. CODE REQUIREMENTS AllCityrequirementsregarding disabled accessandfacilities, occupancy limits, buildingsafety, healthcodecompliance, parking andsite design shallbe complied tomeetthesatisfactionofthe Building Official, Community Development Administrator, FireMarshall, andthePublic WorksServices Director. CEQA Pursuanttothe provIsions oftheCaliforniaEnvironmental Quality Act, the Development ServicesDepartment has prepared aninitial study forthe proposed project. Saidinitial study did notdisclose any substantial or potentially substantial adverse change that cannotbe mitigated to alevelthatisless than significant in any ofthe physical conditionswithin the areaaffectedby theprojectincluding land, air, water, minerals, flora, fauna, ambientnoiseandobjects of historical or aesthetic significance. Whenconsidering therecord asawhole, thereis no evidence thatthe proposedproject willhave anypotential for anadverseeffect on wildlife resourcesorthehabitat upon whichthewildlife depends. Therefore, a Negative Declarationhasbeen prepared forthis project. CUPNo. 2005-015andADRNo. 2004-020 October 11, 2005 Page 4 FINDINGS Section9275.1.2. oftheArcadia Municipal Code requires thatfor aConditional Use Permittobegranted, it mustbefoundthatallofthe followingprerequisite conditions canbesatisfied: 1. Thatthe granting ofsuchConditionalUsePermit willnotbe detrimental to the public health or welfare or injurious tothe property or improvements insuch zoneor vicinity. 2. Thatthe use applied for atthelocationindicatedis properly one for which aConditionalUsePermitisauthorized. 3. That thesite forthe proposed useis adequate insizeandshape to accommodate said use, andall yards, spaces, walls, fences, parking, loading, landscaping, andotherfeatures required to adjust said use withthelandand usesinthe neighborhood. 4. Thatthesite abutsstreetsand highwaysadequate inwidthand pavementtype to carry thekindoftraffic generatedby the proposed use. 5.Thatthegranting ofsuchConditionalUsePermitwill notadversely affectthe comprehensive GeneralPlan. RECOMMENDATIONS The Development ServicesDepartment recommends approval ofConditional UsePermitNo. 2005-015andArchitecturalDesign ReviewNo. 2004-020to allow adrive-thrupharmacy, andto allow a loading areawithin100' from residentially zoned property, subject tothe following conditions ofapproval: 2. 3. 4. 5. 1.Prior toissuanceof a buildinQoermit, alot consolidation ofthesubject lots mustberecorded by theLosAngelesCounty Recorder'sOffice tocreate an appropriate parcel forthe proposeddevelopment. Thehoursof operation forthe storeanddrive-thru pharmacy shallbe limitedfrom10:00 a.m. to10:00 p.m., everyday. The Walgreens shall notexceed14,805 square feet. Thesaleofalcoholic beverages isnot permitted. The proposedlight fixturesinthe parking lot areashallnotexceed 15'-0" in height sincethesiteis100' from residentially zonedproperties. The CUPNo. 2005-015andADRNo. 2004-020 October11, 2005 Page 5 height ofthe lightposts shallbemeasured fromtheelevationofthe adjacentpavement ofthe parking lot. 6. Allthe light fixturesshallbehoodedand arranged toreflect away fromthe adjoiningproperties and streets. 7. Aminimumof98 parking spaces shallbeprovided onsite, and the parking spaces shallbedoublestriped inaccordancewith Municipal Code Section9269.8.1. 8. A landscape andirrigationplan shallbesubmittedforreviewand approval by theCommunityDevelopment Administrator, orhis/her designeeprior to issuanceof a buildingpermit. 9. Theproposed 10'-0" high masonry wallenclosure, whichshall screenthe loading area, shall beconstructed andfinishedwith amaterialthatis architecturallycompatible withthebuilding'sexterior. 10. PerthePublicWorkscondition, the applicant must removeand replace all the treeswithinthe parkway. The treesizeand type shallbedetermined by theStreet Superintendent. 11. The proposedproject shall comply withtheconditionsofapproval setforth by theEngineering Divisionintheirmemorandum, datedSeptember 23, 2005. 12. Theproposedproject shallcomply withthe NationalPollutant Discharge Elimination System (NPDES) requirementsrequiredby thePublicWorks Services Department, datedSeptember 19, 2005. 13. The proposedproject shall comply with theconditions of approval setforth by Fire Department setforth intheirmemorandum, datedSeptember 20, 2005. 14. Approval ofCUP2005-015and ADRNo. 2004-020shallnottakeeffect untilthe property owner(s) andapplicants haveexecutedandfiledthe Acceptance FormavailablefromtheDevelopment Services Department to indicate awarenessandacceptance oftheseconditionsof approval. 15. The applicant shalldefend, indemnify, andholdharmless theCity of Arcadiaanditsofficers, employees, and agents fromandagainst any claim, action, or proceedingagainst theCity ofArcadia, itsofficers, employees or agents toattack, setaside, void, orannul anyapproval or conditionof approval ofthe City ofArcadiaconceming this project and/or land usedecision, including butnotlimited to anyapproval orconditionof approval oftheCity Council, Planning Commission, or City Staff, which actionis brought withinthetime periodprovided forinGovernmentCode Section66499.37 orother provision oflawapplicable tothisproject or decision. The City shall promptlynotify theapplicant of any claim, action, or proceedingconcerning the project and/orland usedecisionandthe City CUP No. 2005-015andADRNo. 2004-020 October 11, 2005 Page 6 shall cooperatefully inthedefenseofthematter. The City reserves the right, at its own option, tochooseits own attorney torepresent the City, its officers, employees, andagents inthedefenseofthematter. PLANNING COMMISSION ACTION Approval ThePlanning Commissionshould movetoadopt theNegative Declaration, approve ConditionalUsePermit Application No. 2005-015and Architectural Design ReviewNo. 2004-020 toallow adrive-thrupharmacy, and a modification to allow a loading space within100' fromresidentially zonedproperty, and adopt ResolutionNo. 1734 approving anew Walgreenspharmacy and drugstore at 140 E. Live OakAvenue. Denial Ifthe Planning Commissionintendsto deny thisConditional UsePermit, the Commission should state the specific reasonsfordenialanddirectstaff to prepare the appropriate resolutionincorporating the Commission'sdecision and specificfindings. If any Planning Commissioner, orother interested party has any questions regarding this matter prior totheOctober11, 2005 publichearing, please contact LisaFlores at (626) 574-5445. ApprovedBy: 7 --- --6~~~~ Community Development Administrator Attachments:ResolutionNo. 1734 Negative Declaration Vicinity Map andAerial Map Fullsizeandreduced copies oftheplans Color Renderings CUP No. 2005-015andADR No. 2004-020 October11 , 2005 Page 7 Attachment No. 5 Attachment No.5 Preliminary Exemption Assessment CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 Preliminary Exemption Assessment\2011 FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: An amendment to Conditional Use Permit Application No. CUP 2005- 015 to allow the sale of beer and wine for off-site consumption for an existing drugstore (Walgreens) 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 140 E. Live Oak Avenue, Arcadia, CA 91006 (cross streets: Greenfield Avenue & Tyler Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Walgreen Co. (2) Address 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: Section 15301 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: December 30, 2014 Staff: Tim Schwehr, Associate Planner Attachment No. 6 Attachment No.6 300-foot Radius Map Attachment No. 7 Attachment No.7 Resolution No. 1588 (CUP 99-005) RESOLUTION NO. 1588 A RESOLUTIONOF THE PLANNINGCOMMISSION OFTHECITYOF ARCADIA, CALIFORNIA, GRANTINGCONDITIONALUSEPERMITNO. CUP99-005ANDAPPROVING ARCHITECTURALDESIGNREVIEW NO. ADR98-039FOR A2,426 SQUARE FOOTEATING ESTABLISHMENTWITH DRIVE-THRU AT164E. LIVEOAKAVENUE. WHEREAS, on February 17, 1999, an application wasfiledbyAnthony-Taylor Consultants, Inc. onbehalf ofFoodmaker, Inc. (JackintheBox) todevelop and operate a 2,426 square foot eating establishmentwithdrive-thru; Development Services Department CaseNo. CUP99-005, at164E. LiveOak Avenue, more particularly describedintheattached legaldescription labeled, Exhibit "A". WHEREAS, a publichearing washeld onMarch23, 1999, atwhichtimeall interested persons were given full opportunity tobeheardandto present evidence; NOW, THEREFORE, THEPLANNINGCOMMISSIONOFTHECITYOF ARCADIAHEREBY RESOLVESASFOLLOWS: SECTION 1. Thatthe factualdatasubmitted by the Development Services Department intheattached report datedMarch23, 1999 aretrue and correct. SECTION2. ThisCommissionfinds: 1. Thatthegranting oftheConditionalUse Permitwill notbedetrimental tothe public health orwelfare, nor injurious tothe property or improvements inthe zoneor vicinity. 2. Thatthe use applied for atthelocationindicatedis properly one .forwhich a ConditionalUsePermitisauthorized. 3. Thatthesiteforthe proposed useis adequate insizeand shape to accommodatesaid use, andall yards, spaces, walls, fences, parking, loading, landscaping andotherfeatures required to adjust said usewiththeland and usesin theneighborhood. 4. Thatthesiteabutsstreets and highwaysadequate inwidthand pavement type to carry thekindoftraffic generatedbythe proposed use. 5. Thatthe subjectproperty is designated forcommercial useintheGeneral Plan, thatthe proposed use isconsistent withthat designation, andthatthe granting of theConditionalUsePermitwillnot adversely affectthe comprehensivegeneralplan. 6. Thatthe evaluationof theenvironmental impacts assetforthintheinitial study are appropriate andthatthe project willhave no significant effect upon the environmentwithinthe meaning oftheCalifornia EnvironmentalQuality Actof 1970, and, when considering the project asawhole, there wasnoevidencebeforetheCity thatthe proposedproject wouldhave any potentially adverseeffect onwildlife resources or thehabitat upon whichwildlifedepends, andtherefore, a Negative Declaration shouldbeapproved. SECTION3. Thatforthe foregoing reasonsthis Commission approves ConditionalUsePermitNo. CUP99-005to develop and operate a2,426 square foot eating establishment withdrive-thru; Development Services Department Case No. CUP 99-005, at 164E. LiveOakAvenue, subject tothefollowing conditions: 1. The eating establishment (JackintheBox) shallbedeveloped andoperated in amannerthatis consistentwith theapplication and plans submittedand conditionallyapproved forCUP99-005, whichincludethe following: a. Thehoursofoperation arelimitedto6:00 a.m. to12:00 midnight. b. Deliveries, mechanicalparking lotsweeping, andmechanical landscape maintenance arelimitedto7:00a.m. to10:00 p.m. c. Theexistingpole sign istoberemovedwithin30 days of theadoption ofthe resolution approving thisConditionalUsePermit. d. A covenantconsolidating theaffected properties to be developed and held as one parcel shallbe prepared and approvedby theCityAttorney forexecutionand recordationby the property owner prior tothe beginning ofconstruction. e. Afinal landscapingplan forthesiteshall besubmittedforreviewandshallbe subject torevisionsand approvalby the DevelopmenlServicesDepartment. f. Additional architecturalfeaturesshallbeadded totheEast andWest elevationssubject toreviewand approvalby theDevelopment ServicesDepartment. 2. Approval ofCUP99-005shall nottakeeffectuntilthe property ownerand applicant havesigned andreturnedtheAcceptance Form availablefromthe Development ServicesDepartment toindicate acceptance oftheconditionsof approval. 3. Allconditionsof approval shallbe complied with prior to operation ofthe proposed useatthe subject property. Noncompliance with theplans, provisions and 2-1588 conditionsof approval forCUP99-005shallbegrounds forimmediate suspension or revocationof anyapprovals, whichcouldresultinthecessation ofoperations. SECTION 4. Thedecision, findings, andconditionsof approval containedin thisResolutionreflectthe Planning Commission'saction ofMarch23, 1999, by the following vote: AYES: CommissionersHuang, Murphy, SleeterandKalemkiarian NOES: None ABSENT: Commissioner Bruckner SECTION5. TheSecretary shallcertify totheadoption ofthisResolutionand shall causeacopy tobeforwardedtotheCity CounciloftheCity ofArcadia. IHEREBYCERTIFYthatthe foregoing ResolutionNo. 1588 was adopted at a regularmeeting ofthePlanning Commissionheld onMarch23, 1999, by the following vote: AYES: NOES: ABSENT: Commissioners Huang, Murphy, SleeterandKalemkiarian None CommissionerBruckner Chair n, Ilanning Commission City ofia ecretary, Planning Commission City ofArcadia APPROVEDASTOFORM: Jn~ M 1MR MichaelH. iller, CityAttomey City ofArcadia 3-1588