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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 2 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 3 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 4 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] 5 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 6 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. 7 • 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 8 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 9 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. 10 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 ,00011111111111r AL Cler • ----e` ity of Arcadia 11