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HomeMy WebLinkAbout1933RESOLUTION NO. 1933 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, 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 WHEREAS, on November 24, 2014, an application was filed by Walgreen Co. to amend Conditional Use Permit No. CUP 2005 -015 to allow the sale of beer and wine for off -site consumption for the existing 14,490 square -foot drugstore at 140 E. Live Oak Avenue (hereafter referred to as the "Project "); and WHEREAS, on December 30, 2014, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the Project is exempt under CEQA per Section 15301 of the CEQA Guidelines because the Project is considered to be the continuation of an existing commercial use; and WHEREAS, on January 27, 2015, a duly noticed public hearing was held before the Planning Commission on said Project, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated January 27, 2015 are true and correct. SECTION 2. This Commission finds, based upon the entire record: 1. That the granting of such an amendment to the existing 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. FACT: 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 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. FACT: 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 neig hborhood. FACT: 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 2 center development are adequate in size and shape to accommodate the existing pharmacy and drugstore use, and the amendment to add the safe 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. FACT: 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. FACT: 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 SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, and approves an amendment to Conditional Use Permit No. CUP 2005 -015 to allow the sale of beer and wine for off -site consumption for the existing 14,490 square -foot drugstore at 140 E. Live Oak, subject to the amended condition of approval attached hereto. 3 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 27th day of January, 2015. ATTEST: err Sectary APPROVED AS TO FORM.; te„P, Stephen P. Deitsch City Attorney 4 Chairman, Planning Commission RESOLUTION NO. 1933 Amendment to Conditions of Approval of CUP 05 -15 4. 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. 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1933 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 27TH day of January, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Chiao, Lin and Baerg NOES: None ABSENT: Commissioner Falzone Secretary of the Planning Commission