HomeMy WebLinkAbout7112 RESOLUTION NO. 7112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 15-
10, ARCHITECTURAL DESIGN REVIEW NO. ADR 15-22, AND
MODIFICATION NO. MP 15-10 WITH A CATEGORICAL EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR A 1,800 SQUARE-FOOT CAFE WITH DRIVE-THROUGH SERVICE
AT 5 W. LIVE OAK AVENUE
WHEREAS, on September 17, 2015, an application was filed by Evergreen
Devco Inc., for a Text Amendment to amend the municipal code to allow fast food
restaurants with drive-through facilities within the MU, Mixed Use Zone, and to eliminate
a city-wide requirement for drive-through businesses to provide parking for each
employee in addition to the parking required by the City's Commercial Parking
Standards; Development Services Department Case No. TA 15-04; and
WHEREAS, on September 17, 2015, applications were filed by Evergreen Devco
Inc., for design review and a Conditional Use Permit for construction and operation of a
1,800 square-foot café with drive-through facilities at 5 W. Live Oak Avenue;
Development Services Department Case Nos. ADR 15-22 and CUP 15-10; and
WHEREAS, on December 15, 2015, an application was filed by Evergreen
Devco Inc., for minor zoning modifications for a 1,800 square-foot café with drive-
through facilities at 5 W. Live Oak Avenue; Development Services Department Case
No. MP 15-10 (the Text Amendment, Design Review, Conditional Use Permit, and
Modification applications are hereafter individually and collectively referred to as the
"Project"); and
WHEREAS, on December 30, 2015, 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 that the Project is exempt under CEQA per Section 15303 of the CEQA
Guidelines because the Project is considered new construction of a small commercial
building; and
WHEREAS, on January 26, 2016, a duly noticed public hearing was held before
the Planning Commission on said applications, at which time all interested persons
were given full opportunity to be heard and to present evidence, and at said hearing the
Planning Commission adopted Resolution No. 1958 by a 4-0 vote with one
commissioner absent, recommending approval of the Project; and
WHEREAS, on February 16, 2016, a duly noticed public hearing was held before
the City Council on said applications, at which time all interested persons were given full
opportunity to be heard and to present evidence; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached report is true and correct.
SECTION 2. The City Council finds, based upon the entire record:
a. The granting of the 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: The proposed Project places the drive-through queuing lane in the
northwest corner of the property, away from the adjacent streets. This configuration will
protect the public health and welfare by allowing the most efficient on-site vehicle
circulation for the drive-through, and ensure no traffic congestion impacts will occur on
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the public streets as a result of the drive-through. The Project will comply with all
zoning and regulatory requirements with the exception of the three zoning modifications
requested. The Project is complementary in appearance and design with the
surrounding commercial district, and the commercial use is compatible with the
surrounding uses and area consisting of a car wash, gas station, and large strip-mall
developments. The proposed Project will not be detrimental to the public health or
welfare or injurious to the other properties in the vicinity.
b. The use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: The proposed Text Amendment to the Mixed Use Zone allows for fast
food restaurants with a drive-through, subject to a Conditional Use Permit. The
proposed use (cafe with drive-through) is classified as a fast food restaurant with drive-
through for zoning code purposes, and thus would be allowed at this location subject to
approval of a Conditional Use Permit.
c. 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 Project site is appropriate in size and shape to accommodate the
proposed coffee shop with drive-through. The parking, drive-through queuing,
landscaping, and vehicular access to the site will accommodate the use without undue
impact on the land and uses in the neighborhood. Therefore, the site is adequate in
size and shape to accommodate the proposed use
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d. 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 Santa Anita Avenue and Live Oak Avenue,
both of which are adequate in width and pavement type to accommodate the traffic
generated by the proposed development.
e. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
FACT: The Project is consistent with the Mixed Use General Plan Designation
of the site, which allows for mixed-use residential-commercial developments/uses or
standalone commercial developments/uses. The specific vision in the General Plan for
the Live Oak Avenue commercial district calls for a corridor with a livelier, more diverse
mix of retail and service commercial uses that better serve local residents, together with
new residential uses in select locations. Furthermore, the vision states that
enhancements to accommodate and promote pedestrian activity are to be balanced in
this commercial district with recognition of the roadway as a major east-west connector.
The proposed Project is consistent with the General Plan Designation of the site and the
vision for this area.
f. The requested Modifications will secure an appropriate improvement of a lot,
prevent an unreasonable hardship, and/or promote uniformity of development.
FACT: A one-space reduction in the amount of required parking (17 spaces in
lieu of 18 required) is justified as the anticipated parking demand for the use will be
significantly less than typical due to the presence of a drive-through facility. The
modifications to allow the building to be setback greater than 10'-0" from the street-side
property lines, and to allow surface parking in front of the building rather than behind it
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will allow a superior drive-through configuration for the site from both a public safety and
traffic flow standpoint. From a design review perspective, approval of the modifications
permitting the proposed building and parking lot locations allows for a superior design
as the drive-through queue is less visible and can be better screened by landscaping
and the building. For these reasons, approval of the Modification requests will secure
an appropriate improvement of this lot.
g. The Project is consistent with the City's Commercial & Industrial Design
Guidelines:
FACT: The building design is contemporary in appearance and features a mix of
stucco, horizontal wood siding, metal awnings and canopies, and aluminum storefront
glass, all in a cool color palette. New landscaping in the form of 14 crape myrtle trees,
new dense shrubs, and new groundcovers are proposed and will soften the appearance
of the building and parking lot as well as screening the drive-through from the street.
The proposed design is consistent with the City's Commercial and Industrial Design
Guidelines.
SECTION 3. That for the foregoing reasons, the City Council approves
Conditional Use Permit No. CUP 15-10, Architectural Design Review No. ADR 15-22,
and Modification No. MP 15-10, subject to the conditions of approval attached hereto.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
[SIGNATURES ON THE NEXT PAGE]
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Passed, approved and adopted this 16th day of February , 2016.
1///2-,
of or .7' City of A rcadia
ATTEST:
City lark
APPROVED AS TO FORM:
S-qatA.
Stephen P. Deitsch
City Attorney
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Conditions of Approval
1. The six new 24-inch box crape myrtle trees (Lagerstroemia x 'Natchez')
shown on the conceptual landscape plan shall be upgraded in size to 36-inch
box trees on the final construction drawings.
2. The trash and recyclables enclosure shall be designed with decorative
materials and finishes to match those of the building, and to comply with all
requirements of the municipal code, subject to the review and approval of the
Community Development Administrator, or designee. The size and location
of the enclosure shall be adjusted, as feasible, on the final construction
drawings to be less visible from the public right-of-way, subject to the review
and approval of the Community Development Administrator, or designee.
3. The café and/or drive-thru shall not be open for business anytime between
12:00 midnight and 5:00 a.m.
4. The applicant/property owner shall comply with all City requirements
regarding building safety, fire prevention, detection, suppression, emergency
access, public right-of-way improvements, parking, water supply and water
facilities, sewer facilities, trash reduction and recycling requirements, and
National Pollutant Discharge Elimination System (NPDES) measures to the
satisfaction of the Building Official, Fire Marshal, Public Works Services
Director and Development Services Director, or their designees. Compliance
with these requirements is to be determined by having fully detailed
construction plans submitted for plan check review and approval by the
foregoing City officials and employees, and shall include, but shall not be
limited to the following:
a. Prior to issuance of a building permit the Applicant/Property Owner
shall either construct or post security for the following required item(s):
• Remove and replace certain portions of the existing curb and gutter
from property line to property line along Santa Anita Avenue and
Live Oak Avenue as determined to be necessary by the City
Engineer, or designee.
• Close all existing driveway aprons and construct new driveway
apron per City Standard 801.
• Remove and replace any damaged or deficient sidewalk from
property line to property line along Santa Anita Avenue and Live
Oak Avenue.
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• Submit a Grading Plan prepared by a registered civil engineer
subject to the approval of the City Engineer prior to issuance of a
building permit.
• Prior to the issuance of a building permit the applicant shall dedicate
a 2 foot wide strip of land along the entire property frontage on
Santa Anita Avenue to the City of Arcadia for Street and Highway
Purposes.
• The project is categorized as a Planning Priority Project per Arcadia
Municipal Code Section 7828. Submit a LID plan subject to the
approval of the City Engineer prior to the issuance of a building
permit.
b. A 12" CI water main with 64 psi static pressure is available in Santa
Anita Avenue and a 16" DIP water main with 61 psi static pressure is
available in Live Oak Avenue. Both water mains are available for
domestic water and/or fire services. The Developer shall provide
calculations to determine the maximum domestic demand and
maximum fire demand in order to verify the required water service size.
c. The Developer shall provide separate water services and meters for
commercial and irrigation uses.
d. Fire protection requirements shall be as stipulated by the Arcadia Fire
Department and shall be conformed to Arcadia Standard Plan. All fire
services shall be isolated from domestic water services with approved
back flow prevention devices.
e. A Water Meter Clearance Application, filed with the Public Works
Services Department, shall be required prior to permit issuance.
f. New water service installations shall be by the Developer. Installation
shall be according to the specifications of the Public Works Services
Department, Engineering Division. Abandonment of existing water
services, if necessary, shall be by the Developer, according to Public
Works Services Department, Engineering Division specifications.
g. An 8" VCP sewer main is available in Santa Anita Avenue and an 8"
VCP sewer main is available in Live Oak Avenue. Both of the mains
are capable to meet the anticipated demand.
h. Developer shall utilize an existing sewer lateral if possible.
i. No elevation available. If any drainage fixture elevation is lower than
the elevation of the next upstream manhole cover (355.48') and if the
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project is tributary to the sewer main in Santa Anita Avenue, an
approved type of backwater valve is required to be installed on the
lateral at the right-of-way; if any drainage fixture elevation is lower than
the elevation of the next upstream manhole cover (354.05') and if the
project is tributary to the sewer main in Live Oak Avenue, an approved
type of backwater valve is required to be installed on the lateral at the
right-of-way.
j. If the area of land disturbance is greater than 5,000 square feet, the
project is subject to LID requirements. These requirements include
using infiltration trenches, bioretention planter boxes, roof drains
connected to a landscaped area, pervious concrete/pavers, etc.
k. The structure shall be fully fire sprinklered per the City of Arcadia Fire
Department Commercial Sprinkler Standard. Sprinkler systems that
serve 20 sprinkler heads or more shall be fully monitored.
I. A knox box with keys for access to restricted areas is required.
m. The project shall comply with the 2013 CA Building Code Cycle.
n. The project shall comply with the City's Water Efficient Landscape
Ordinance. A water-efficient landscape and irrigation plan shall be
submitted for plan check to Building Services.
5. An exterior lighting and parking structure lighting plan and photometric study
showing that light and glare will not exceed one foot-candle at any property
line, shall be submitted to Planning Services for review and approval prior to
issuance of a building permit. The approved lighting shall be installed prior to
final inspection approval and occupancy.
6. The property owner/applicant shall provide trash collection services as often
as necessary to ensure that there is no buildup of trash on the site or within
the building. Trash placement outside of an authorized trash container is
prohibited. Storage of trash bins or trash or recycling containers outside of
the trash and recyclables enclosure for more than 18 hours is prohibited.
7. 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, Modification Committee, or City
Staff, which action is brought within the time period provided for in
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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.
8. Approval of TA 15-04; CUP 15-10; ADR 15-22; & MP 15-10 shall not be of
effect unless on or before 30 calendar days after approval of this project, the
property owner/applicant has 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.
9. During construction on the subject property, the applicant shall at all times
restrict parking of construction trucks and vehicles belonging to the
contractors and their employees to be located solely on the subject property,
and such vehicles shall not be parked on the adjacent shopping center
property. All employees of the café shall be subject to the same restrictions
and prohibitions at all times as set forth above, unless expressly modified by
an agreement between the café operator and the owner of the adjacent
shopping center property.
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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. 7112 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 16th day of February, 2016 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Member Beck, Tay, Kovacic, and Chandler
NOES: None
ABSENT: Council Member Segal
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Cler • ----e` ity of Arcadia
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