HomeMy WebLinkAbout2059RESOLUTION NO. 2059
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 20-08 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO ALLOW
THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF-SITE
CONSUMPTION AND EXTENDED HOURS OF OPERATION FOR A NEW
GROCERY STORE (DBA: GROCERY OUTLET) WITHIN AN EXISTING
COMMERCIAL BUILDING AT 140 E. LIVE OAK AVENUE
WHEREAS, on May 20, 2020, an application for Conditional Use Permit No. CUP
20-08 was filed by the business owner ("Applicant') to allow the sale of beer, wine, and
distilled spirits for off-site consumption and extended hours of operation, for more than 16
hours per day for a new grocery store (dba: Grocery Outlet) within an existing commercial
building at 140 E. Live Oak Avenue (the 'Project'); and
WHEREAS, on June 25, 2020, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
("CEQA") and recommends that the Planning Commission determine that the Project
qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a)
of the CEQA Guidelines as the use of an existing facility; and
WHEREAS, on July 14, 2020, a duly noticed public hearing was held before the
Planning Commission on said application, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The factual data submitted by the Community Development Division
in the staff report dated July 14, 2020 are true and correct.
SECTION 2. This Commission finds that based upon the entire record, pursuant
to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can
be made.
1. The proposed use is consistent with the General Plan and any applicable specific
plan.
FACT: Approval of the Project is consistent with the Commercial Land Use
Designation of the site and it will not adversely impact the objectives of the General Plan.
The Commercial designation is intended to permit a wide range of commercial uses,
which serve both neighborhood and citywide markets. The sale of alcohol and extended
hours of operation for more than 16 hours, but up until 11:00 PM will provide the general
public the goods and services typically found near residential neighborhoods, and the
Project will remain as an incidental use to the grocery store. Therefore, the Project is
consistent with the General Plan and the following policy:
Land Use and Community Design Element
Policy LU -6.5: Where mixed use is permitted, promote commercial uses that are
complementary to adjacent residential uses.
2. The proposed use is allowed within the applicable zone, subject to the granting
of a Conditional Use Permit, and complies with all other applicable provisions of the
Development Code and the Municipal Code.
FACT: The subject property is zoned MU, Mixed Use, which allows for a variety of
retail and commercial uses, including a grocery store that is allowed by -right in this zone.
Since the sale of the alcoholic beverages is incidental to the grocery store, and the
previous business (Walgreens) also sold alcohol on this site, the Project will not change
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the characteristics of the area. As for the extended hours of operating for more than 16
hours per day and until 11:00 p.m., these hours are typical of supermarkets to provide
ongoing services to residents. Therefore, the Project complies with all the applicable
provisions of the Development Code and Municipal Code.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
FACT: The Project will be located within an existing commercial building and will
be limited to one area of the market. The Project will not affect nor change the way a
grocery store is operated. Selling alcohol will not change the operating characteristics of
a grocery store and it will be compatible with other markets that sell alcohol such as
Albertsons, which is located two blocks from this site, or the 7 -Eleven just east of this site.
If anything, this would be more of a convenience for shoppers to purchase multiple goods
in one location. This will not create any potential negative impacts since on-site
consumption is not allowed. The Applicant's proposed business hours are from 6:00 a.m.
— 11:00 pm., daily, which is the same as the nearby Albertsons store. The 7 -Eleven which
is just east of this site is open 24 hours. A grocery store with alcohol sales is a common
commercial use found near residential neighborhoods and commercial corridors since it
provides goods and services to the residents. Therefore, the Project is compatible with the
existing and future land uses in the vicinity.
4. The site is physically suitable in terms of:
A. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences, landscaping, loading,
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parking, spaces, walls, yards, and other features required to adjust the use with the land
and uses in the neighborhood;
FACT: The subject site is physically suitable to accommodate the Project
because the sale of alcohol will take place inside the existing commercial building as part
of the grocery store use. There will be a designated area in the southwest corner of the
store where the beer, wine, and distilled spirits will be displayed on open shelves. There
will be no changes or impacts to parking since the Project has the same parking
requirement as the previous use that occupied the building. The site is adequate in size
and shape to accommodate the Project, as there will be no exterior changes to the existing
building.
B. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access;
FACT: The property is located along E. Live Oak Avenue, between 2nd Avenue
and Santa Anita Avenue and has access from either E. Live Oak Avenue or Tyler Avenue.
Both streets are adequate in width and pavement type to carry the traffic generated by the
Project and emergency vehicles. Therefore, the Project will not impact these rights-of-way.
C. Public protection services (e.g., fire protection, police protection, etc.); and
FACT: The Project has been reviewed by the Arcadia Fire and Police
Departments and no safety concerns were raised from the previous use when Walgreens
sold alcohol and no concerns were raised for the Applicant.
D. The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
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FACT: The subject property is developed with an existing commercial building.
There are adequate utilities to service this site and business, so the Project will not impact
the existing infrastructure as the site is capable of handling this type of demand. Therefore,
no impacts to the provision of utilities are anticipated.
5. The measure of site suitability shall be required to ensure that the type, density,
and intensity of use being proposed will not adversely affect the public convenience,
health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious
to the improvements, persons, property, or uses in the vicinity and zone in which the
property is located.
FACT: As a commercial use, the Project is consistent with the zoning of this site.
Allowing the sale of beer, wine, and distilled spirits for off-site consumption with extended
hours of operation 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 the Applicant to compete with other nearby stores and will not result
in an adverse impact to the neighboring businesses or properties; nor will it create a public
nuisance. The Applicant will be required to comply with the California Department of
Alcoholic Beverage Control ("ABC") regulations. In addition, the Arcadia Police and Fire
Departments have reviewed the Project and did not have any concerns. Therefore, the
Project will not adversely affect the public convenience, health, interest, safety, or general
welfare of adjacent uses in the vicinity and zone of the subject property.
6. This Project is Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of
an existing facility.
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SECTION 3. For the foregoing reasons the Planning Commission determines that
the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California
Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No.
CUP 20-08 to allow the sale of beer, wine, and distilled spirits for off-site consumption
and extended hours of operation (past 16 hours) for a new grocery store (dba: Grocery
Outlet) within an existing commercial building located at 140 E. Live Oak 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 14th day of
ATTEST:
Lisa L. F res
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Chair, Planning Commission
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §:
CITY OF ARCADIA )
I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 2059 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at
a regular meeting of said Planning Commission held on the 14th day of July, 2020 and that
said Resolution was adopted by the following vote, to wit:
AYES: Chair Lewis, Vice Chair Wilander and Commissioners Chan, Lin, and Thompson
NOES: None
ABSENT: None
Lisa L. Fiore
Secretary of a Planning Commission
RESOLUTION NO. 2059
Conditions of Approval
The use approved by Conditional Use Permit No. CUP 20-08 is limited to the sale
of beer, wine, and distilled spirits (Type 21 ABC license), for off-site consumption
within an existing 14,490 square foot commercial building. No on-site consumption
is permitted with this approval. The business shall be operated and maintained in
a manner that is consistent with the proposal and plans submitted and approved
for CUP 20-08, and shall be subject to periodic inspections, after which the
provisions of this Conditional Use Permit may be adjusted by the Planning &
Community Development Administrator, or designee, after due notice to address
any adverse impacts to the neighboring businesses and properties.
2. The business hours shall be limited to 6:00 a.m. to 11:00 p.m., daily.
3. No exterior changes to the existing building are permitted with this approval. Any
exterior changes to the building shall be subject to a Site Plan and Design Review
application.
4. No exterior signage is permitted with this approval. Any new exterior signage shall
be subject to a sign permit.
5. There shall be no excessive loitering in front of the business.
6. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
7. 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 complied with to the
satisfaction of the Building Official, City Engineer, Planning & Community
Development Administrator, Fire Marshal, and Public Works Services Director.
Any changes to the existing facility may be subject to having fully detailed plans
submitted for plan check review and approval by the aforementioned City officials
and employees, and may be subject to building permits.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 20-
08 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
9. The Applicant/Property Owner 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.
10. Approval of CUP 20-08 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 Planning & Community Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
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Rachelle Arellano
From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com>
Sent: Tuesday, July 7, 2020 11:08 AM
To: Christine Song
Cc: Lisa Flores; Arcadia City Clerk
Subject: RE: PC Resolution 2059 - 140 E. Live Oak Ave.
Christine, revised Planning Commission Resolution 2059 looks good.
Rachelle, please use my stamped signature, approving it as to form.
Thanks.
Steve
Stephen Deitsch
Partner
stephen.deitsch@bbklaw.com
T:(909)483-6642 C:(951)662-9343
www.BBKiaw.com C-Cf7-
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From: Christine Song [mailto:csong@arcadiaca.gov]
Sent: Tuesday, July 07, 2020 11:05 AM
To: Stephen Deitsch
Cc: Lisa Flores; Arcadia City Clerk
Subject: RE: PC Resolution 2059 - 140 E. Live Oak Ave.
Steve,
Attached is the Resolution with the minor revisions we discussed.
Thank you,