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HomeMy WebLinkAbout1957 RESOLUTION NO. 1957 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 15-11 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A 25,464 SQUARE-FOOT GROCERY STORE (DBA: ALDI) TO SELL BEER AND WINE FOR OFF-SITE CONSUMPTION AT 1403 S. BALDWIN AVENUE WHEREAS, on November 20, 2015, an application was filed by Paul Cornejo for a Conditional Use Permit to allow a 25,464 square-foot grocery store (dba: ALDI) to sell beer and wine for off-site consumption at 1403 S. Baldwin Avenue, Development Services Department Case No. CUP 15-11 (this application is hereafter referred to as the "Project"); and WHEREAS, on January 15, 2016, 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 a reuse of an existing commercial facility; and WHEREAS, on January 26, 2016, 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 26, 2016, are true and correct. SECTION 2. This Commission finds, based upon the entire record: 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. FACT: As a commercial use, the proposed grocery store with the sale of beer and wine for off-site consumption is consistent with the Zoning and Land Use Designation of the site. The grocery store is required to be in compliance with applicable Health Department regulations, and with the Department of Alcoholic Beverage Control, and will not adversely impact public health or welfare, and will not be injurious to the property or improvements of the site or those within the vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: In the C-2 Zone, a Conditional Use Permit is authorized for any use selling alcoholic beverages per Sections 9263.1.2 of the Arcadia Municipal Code. The Arcadia Police Department reviewed the application and did not have any concerns with the sale of beer and wine for off-site consumption. The proposed use would serve as a public convenience, will improve the ability of this grocery store to compete with other nearby stores, and would not be detrimental to the area or create a public nuisance. 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. FACT: The applicant has obtained approval to remodel the interior and exterior of the existing 25,464 square-foot commercial unit. Since the previous use and the proposed use both have the same parking requirement, the proposed use will not affect 2 the existing parking deficiency. The site, as it exists, will accommodate the proposed use. The sale of beer and wine for off-site consumption will not result in any impacts or require any adjustments to the site. As such, the site is adequate in size and shape to accommodate the sale of beer and wine for off-site consumption at the grocery store, and no adjustments of the use or site are necessary. 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 S. Baldwin Avenues with access to the shopping center parking lot from S. Baldwin and W. Naomi Avenue. These streets are adequate in width and pavement type to carry the traffic generated by a grocery store that sells beer and wine for off-site consumption. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: A grocery store with the sale of beer and wine for off-site consumption is a commercial use consistent with the Commercial General Plan Land Use Designation of the site. The activities that will take place at the grocery store are consistent with the allowable uses described in the General Plan. 6. That a public convenience or necessity would be served by the issuance of a license to sell alcoholic beverages at the premises where undue concentrations exists. FACT: Allowing the sale of beer and wine for off-site consumption will serve a "public convenience and necessity" and is in accordance with the City's policies to attract new businesses to enhance the economic base. It will improve the ability of this grocery store to compete with other nearby stores and will not result in an adverse impact to the neighboring businesses or properties or create a public nuisance. 3 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 Conditional Use Permit No. CUP 15-11 to allow a 25,464 square-foot grocery store (dba: ALDI) to sell beer and wine for off-site consumption at 1403 S. Baldwin Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 26th day of January, 2016. • -it •► = ' - ping Commission ATTEST: , `-'-^-'_._ Secre of J APPROVED AS TO FORM: L (-. _ � Stephen P. Deitsch City Attorney 4 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. 1957 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Vice Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 26th day of January, 2016, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Lewis, Lin, and Thompson NOES: None ABSENT: Commissioner Chiao Secr="' of the Planning Commission 5 RESOLUTION NO. 1957 Conditions of Approval 1. The grocery store shall not be open for business more than 16 hours per day or any time between midnight (12:00 a.m.) and 6:00 a.m. 2. Alcoholic beverage service shall be limited to beer and wine. No on-site consumption is permitted with this approval. 3. The applicant shall install and maintain in good working order at all times, two security cameras, one in the outdoor area at the rear of the store and one in the rear employee parking area on the southside of the building. 4. City staff will review the "cart rental system" for a maximum period of six (6) months. The review period will begin on the first day when the market is open for business. If staff finds the "cart rental system" to be inadequate (e.g., carts left behind throughout the parking lot, and being taken off-site), new shopping cart corral(s) will be required in the parking lot area, which may be subject to a modification for the removal of any required parking spaces, and a new cart retention system may be required. 5. Any new equipment on the roof shall be screened properly and painted to match the building (color: SW6112 Biscuit). The screen shall be reviewed during Building's plan check process. 6. No exterior signage is permitted with this approval. Any new exterior signage shall be subject to a sign permit. 7. The Best Management Practices (BMPs) required of grocery stores by the NPDES shall be complied with by the applicant/property owner to the satisfaction of the Public Works Services Director, or designee. Any changes to the facility may be subject to permits and having fully detailed plans submitted for plan check review and approval by all City, County, regional, State, and federal agencies having jurisdiction for compliance with any and all applicable regulations. 8. The use approved by CUP 15-11 is limited to a grocery store with off-site beer and wine sales and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 15-11, 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. 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, including provision of a trash and recyclables enclosure(s) that complies with City codes and the NPDES, shall be complied with by the property owner/applicant 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 6 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. 10.Noncompliance with the plans, provisions and conditions of approval for CUP 15-11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the grocery 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. 11. Approval of CUP 15-11 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7