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HomeMy WebLinkAboutItem 1 - Reso 1977 - CUP 16-08DATE: October 25, 2016 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Vanessa Quiroz, Assistant Planner SUBJECT: RESOLUTION NO. 1977 – APPROVING CONDITIONAL USE PERMIT NO. CUP 16-08 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 GROCERY STORE AT 1304 S. BALDWIN AVENUE Recommendation: Adopt Resolution No. 1977 SUMMARY The applicant is requesting approval of Conditional Use Permit Application No. CUP 16- 08 to allow a grocery store (d.b.a.: Lohas Fresh Mart) located within an existing 3,432 square-foot commercial building to sell beer and wine for off-site consumption at 1304 S. Baldwin Avenue. It is recommended that the Planning Commission adopt Resolution No. 1977 (Attachment No. 1) to find that this project qualifies as a Categorical Exemption under the California Environmental Quality Act (CEQA), and to approve CUP 16-08, subject to the conditions listed in this staff report. BACKGROUND The subject property is a 15,680 square-foot lot, zoned C-2, General Commercial. The lot is developed with a 3,432 square-foot commercial building that was built in 1937. The subject property is located at 1304 S. Baldwin Avenue, between Duarte Road and Naomi Avenue - see Attachment No. 2 for an Aerial Photo with Zoning Information, and Photos of the Subject Property and Surrounding Businesses. The building was previously occupied by a grocery store (d.b.a.: Sierra Produce) for 14 years and did not sell alcoholic beverages. The new occupant has remodeled the building (see Attachment No. 3 for the Site Plan and Floor Plan) and wishes to add beer and wine sales. A Conditional Use Permit (CUP) is required for any business selling alcoholic beverages in the General Commercial Zone, per Arcadia Municipal Code Section 9263.1.2. The grocery store requires 18 parking spaces, based on a requirement of one space per 200 square feet of retail space. The subject property currently has 18 on-site parking spaces. However, as required for this project, the applicant must meet current ADA Resolution No. 1977 - CUP 16-08 1304 S. Baldwin Avenue October 25, 2016 Page 2 of 6 requirements, which includes providing a van-accessible parking space with a delineated path-of-travel. This will reduce the on-site parking to 17 spaces. Also, in order to provide the ADA parking space, the parking lot will be restriped to current Code standards. Because the one parking space deficiency is a result of complying with ADA parking requirements, a Parking Modification is not required. PROPOSAL The applicant is requesting approval of a CUP to allow a grocery store to sell beer and wine for off-site consumption. The proposed business hours are from 9:00 a.m. to 9:00 p.m. daily. The store will not provide shopping carts. ANALYSIS The application has been reviewed by the Arcadia Police Department, and they have no objections to the sale of beer and wine for off-site consumption at this location. In addition to Arcadia’s Codes, the applicant is subject to licensing by the State Department of Alcoholic Beverage Control (ABC), and the health codes administered by the Los Angeles County Health Department. ABC has confirmed that there is currently not an over concentration of liquor licenses in Census Tract No. 4317, within which the subject property is located. Allowing the sale of beer and wine for off-site consumption 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. As a commercial use, the grocery store is consistent with the Zoning and Land Use Designation of the site and area. Alcoholic beverage sales shall be limited to beer and wine. It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 16-08, subject to the Conditions of Approval that begin on page 4 of this report. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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. Facts to Support the Finding: 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 Resolution No. 1977 - CUP 16-08 1304 S. Baldwin Avenue October 25, 2016 Page 3 of 6 compliance with all applicable Health Department regulations, and with the Department of Alcoholic Beverage Control regulations, and will not adversely impact the 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. Facts to Support the Finding: In the C-2, General Commercial Zone, a Conditional Use Permit is authorized for any use to sell alcoholic beverages per Section 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. 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. Facts to Support the Finding: The site is adequate in size and shape for the existing grocery store to accommodate the sale of beer and wine for off-site consumption. The applicant will renovate the site to comply with ADA parking requirements, and will upgrade the existing trash enclosures to comply with the Best Management Practices (BMPs) required of grocery stores by the NPDES and the Organic Waste Recycling Program. The sale of beer and wine for off-site consumption will not result in any impacts to the adjacent uses and properties. 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. Facts to Support the Finding: The site is located along S. Baldwin Avenue with access from S. Baldwin Avenue, Naomi Avenue, and Duarte Road. 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. Facts to Support the Finding: 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. The proposed project, with the recommended conditions of approval, will satisfy each prerequisite condition, and 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 shall be Resolution No. 1977 - CUP 16-08 1304 S. Baldwin Avenue October 25, 2016 Page 4 of 6 complied with 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 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. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project qualifies as a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility. See Attachment No. 4 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for CUP 16-08 were mailed on October 13, 2016, to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. As of October 20, 2016, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 16-08, to allow the sale of beer and wine for off-site consumption at the existing grocery store at 1304 S. Baldwin Avenue, with a Categorical Exemption under the California Environmental Quality Act (CEQA), and subject to the following Conditions of Approval: 1. Alcoholic beverage sale shall be limited to beer and wine, and no on-site consumption is permitted with this approval. 2. The existing trash/recyclables enclosure in the parking lot shall be upgraded with a noncombustible material roof covering and shall be altered to accommodate three, three-cubic yard trash bins to comply with the Best Management Practices (BMPs) required of grocery stores by the NPDES and the Organic Waste Recycling Program. The design shall be subject to the review and approval of the Community Development Administrator, and a building permit shall be obtained for this work. 3. The use approved by CUP 16-08 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 16-08, and shall be Resolution No. 1977 - CUP 16-08 1304 S. Baldwin Avenue October 25, 2016 Page 5 of 6 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. 4. 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 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. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 16-08 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the grocery store. 6. 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. 7. Approval of CUP 16-08 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. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 16-08 stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1977 that incorporates the requisite environmental and Conditional Use Permit findings and Resolution No. 1977 - CUP 16-08 1304 S. Baldwin Avenue October 25, 2016 Page 6 of 6 the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 16-08, stating the finding(s) that the proposal does not satisfy, with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 25, 2016, hearing, please contact Assistant Planner, Vanessa Quiroz at (626) 574-5422, or VQuiroz@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1977 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Businesses Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Resolution No. 1977 Attachment No. 1 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Businesses Attachment No. 2 Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a n/a n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: C-2 Number of Units: C Zoning: Property Characteristics 1937 3,432 1 Alice Kwan Site Address: 1304 S BALDWIN AVE This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated04-Oct-2016 Page 1 of 1 Front elevation of subject property at 1304 S. Baldwin Avenue Rear elevation of subject property at 1304 S. Baldwin Avenue Neighboring businesses to the South Neighboring businesses across to the North Neighboring businesses to the south Neighboring business to the north Neighboring businesses across the street Attachment No. 3 Site Plan and Floor Plan Attachment No. 3 Attachment No. 4 Preliminary Exemption Assessment Attachment No.4 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit No. CUP 16-08 for the sale of beer and wine for off-site consumption. 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 1304 S. Baldwin Avenue (Between Duarte Road and Naomi Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Joseph Lee (2) Address 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: Class 1 Sections 15301; Use of existing facilities. f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: October 6, 2016 Staff: Vanessa Quiroz, Assistant Planner