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
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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.
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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
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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.
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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