HomeMy WebLinkAboutItem No. 2- CUP 20-09 - 165 E. Foothill Blvd.DATE: August 11, 2020
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Christine Song, Associate Planner
SUBJECT: RESOLUTION NO. 2063 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 20-09 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 HOUR S OF OPERATION FOR A NEW
GROCERY STORE (DBA: GROCERY OUTLET) AT 165 E. FOOTHILL
BLVD.
Recommendation: Adopt Resolution No. 2063
SUMMARY
The Applicant, Grocery Outlet, is requesting approval of Conditional Use Permit
Application No. CUP 20-09 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 within an existing 17,035 square foot commercial unit at 165 E. Foothill
Blvd. The subject unit is part of a larger existing multi-tenant commercial center known as
The Shoppes at the Highlander Center. It is recommended that the Planning Commission
adopt Resolution No. 2063 (refer to Attachment No. 1) and find that the project is
Categorically Exempt under CEQA and approve CUP 20-09, subject to the conditions
listed in this staff report.
BACKGROUND
The subject commercial unit is located in The Shoppes at the Highlander Center, which
is a 56,910 square foot multi-tenant shopping center located on a 5.2 acre (227,495
square feet) irregularly shaped lot (see Figure 1). The property is located along E. Foothill
Boulevard, between Highland Oaks Drive and North 2nd Avenue, and has access from
either E. Foothill Boulevard or North 2nd Avenue. The project site is zoned General
Commercial, C-G, with a General Plan Land Use Designation of Commercial - refer to
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 2 of 9 N Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject
property. The property is surrounded by single family residences to the north, east, and
west, with commercial uses to the south.
The subject unit is currently occupied by a Rite Aid pharmacy since 2001 and will be
vacated later this year when the applicant takes over the unit. Grocery Outlet is proposing
to takeover this space and convert it into a grocery store.
PROPOSAL
The Applicant, Grocery Outlet, is requesting approval of a Conditional Use Permit (CUP)
to allow the sale of beer, wine, and distilled spirits with a Type 21 (Off-Sale General)
license from ABC and extended hours of operation, to operate for more than 16 hours per
day for a new grocery store. The proposed business hours are from 6:00 a.m. to 11:00
p.m., daily. The existing 17,035 square foot, one-story commercial unit is currently
occupied by a Rite Aid pharmacy. Their business hours are from 8:00 a.m. to 10:00 p.m.,
daily.
Grocery Outlet is a franchise chain of grocery stores that offers discounted groceries and
household products that are of name brands. The company has over 300 stores
Figure 1 - Aerial of subject site
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 3 of 9
nationwide with nearest locations in San Gabriel, Rosemead, Duarte, and one new
location in Arcadia at 140 E. Live Oak Avenue, which was recently approved for the sale
of beer, wine, and distilled spirits (Conditional Use Permit No. CUP 20-08) by the Planning
Commission in July of this year, but it is now pending subject to the City Council’s review
from an appeal. The project site will require minor tenant improvements to accommodate
the grocery store use such as installation of walk-in refrigeration, wall racks and shelves,
replacement of existing doors, and remodeling of unisex restrooms. Any exterior
alterations to the existing building and the construction of an outdoor shopping cart corral
along with the shopping cart retrieval plan will be handled under a separate Design
Review application, as noted in the conditions of approval.
The proposed floor plan (refer to Attachment No. 3) shows the interior layout of the store
with the alcohol section in the southeast corner, adjacent to the checkout stations.
Grocery Outlet sells a wide variety of craft beers, wines, and distilled spirits which are
typically displayed on open shelves at all their store locations (see Figure 2).
ANALYSIS
The Development Code states
that any business selling
alcoholic beverages for off-site
consumption, which is open for
more than 16 hours per day (or
between midnight and 6:00 a.m.)
and is located less than 150 feet
from residentially zoned property
is subject to a Conditional Use
Permit (CUP). The purpose of
the CUP is to ensure that the
proposed alcohol sales is an
appropriate use for the property
and is compatible with other uses
in the surrounding neighborhood.
The proposed business hours
are from 6:00 am. – 11:00 p.m., daily, which is typical for supermarkets. Within the same
shopping center, McDonald’s is open from 5:00 a.m. to midnight, daily. Additionally, the
nearby Ralphs, which is a block away from this site, is open from 6:00 a.m. to midnight,
daily. Therefore, the extended hours of operation are not uncommon in this neighborhood.
In terms of parking, the subject property has a total of 279 on-site parking spaces, which
serves all the commercial tenants within the shopping center. There will be no changes
to parking since the proposed use has the same parking requirement as the previous use
that occupied the building, which is 1 space for every 200 square feet of gross floor area
for retail. The applicant will construct an outdoor shopping cart corral within the existing
Figure 2 – Photo of a Grocery Outlet Store Alcohol Sales Section
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 4 of 9
parking lot, but this will be reviewed and processed under a separate application, which
staff will closely analyze.
The sale of beer, wine, and distilled spirits for off-site consumption with extended hours
of operation can be found at almost all conventional grocery stores and is not an unusual
request. As a retail use, the proposed sale of alcohol is consistent with the C-G zoning of
this site. Allowing this use would not result in an adverse impact to the neighboring
businesses or properties since all development standards will be met and on-site
consumption will not be permitted. Allowing the sale of beer, wine, and distilled spirits for
off-site consumption will serve a “public convenience and necessity” and the Applicant
will be required to comply with the California Department of Alcoholic Beverage Control
(“ABC”) regulations. With regards to public safety issues, the Fire Department, Police
Department, and Building Services have reviewed the CUP application and no objections
or concerns were raised by any of the departments for the proposed use.
FINDINGS
Section 9107.09.050 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. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: Approval of the sale of beer, wine and distilled spirits
in grocery stores 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 in grocery stores that serves the residents
within the nearby neighborhoods, and the proposed request will remain as an
incidental use to the grocery store. Therefore, the grocery store along with the sale of
alcohol and the extended hours of operation is consistent with the General Plan and
the following policy:
Land Use and Community Design Element
x 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.
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 5 of 9
Facts to Support This Finding: The subject property is zoned C-G, General
Commercial, 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 will only occupy a small area in
comparison to the entire grocery store, the proposed request will not change the
characteristics of a retail use that is typically found in a neighborhood commercial
center. 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 the residents. The Ralphs market, which is located one block away from this site,
also operates for more than 16 hours per day and is open until midnight. Therefore,
the proposed request 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.
Facts to Support This Finding: The sale of alcohol will be located within an existing
commercial building and limited to one area of the market. The proposed sale of
alcohol 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 Ralphs, which is located one block away
from this site. If anything, this would be more of a convenience for the 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 p.m., daily, which is consistent with the nearby
Ralphs, which is open from 6:00 a.m. – midnight, daily. 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 proposal 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, parking, spaces, walls, yards, and other features
required to adjust the use with the land and uses in the neighborhood;
Facts to Support This Finding: The subject site is physically suitable to
accommodate the proposed use 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 southeast 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 proposed use has the same parking requirement as
the previous use that occupied the building. The site is adequate in size and shape
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 6 of 9
to accommodate the proposed use, 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.
Facts to Support This Finding: The property is located along E. Foothill Blvd.,
between Highland Oaks Drive and North 2nd Avenue and has access from either
E. Foothill Blvd. or North 2nd Avenue. Both streets are adequate in width and
pavement type to carry the traffic generated by the proposed use and emergency
vehicles. Therefore, the proposed use will not impact these rights-of-way.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The proposed use has been reviewed by the
Arcadia Fire and Police Departments and no safety concerns were raised from
the previous use and under this new potential tenant.
d. The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and
disposal, etc.).
Facts to Support This Finding: The subject property is developed with an
existing commercial building. There are adequate utilities to service this site and
business, so the proposed use 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.
Facts to Support This Finding: As a commercial use, the proposed sale of beer,
wine, and distilled spirits for off-site consumption with extended hours of operation
is consistent with the zoning of this site. Allowing the sale of beer, wine, and
distilled spirits 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; 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
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 7 of 9
Departments have reviewed the application and did not have any concerns.
Therefore, the proposed use 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.
ENVIRONMENTAL ANALYSIS
It has been determined that the project qualifies as a Class 1 Categorical Exemption per
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines as it concerns adding alcohol sales to an existing permitted
use and so is considered a negligible or no expansion of the use (refer to Attachment No.
4).
PUBLIC NOTICE
Public hearing notices for this item were mailed to the owners of those properties that are
located within 300 feet of the subject property and published in Arcadia Weekly on July 30,
2020. As of August 6, 2020, staff has not received any comments or concerns from the
public.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2063 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve Conditional Use Permit No. CUP 20-09 subject to the following
conditions of approval:
1. The use approved by Conditional Use Permit No. CUP 20-09 is limited to the sale
of beer, wine, and distilled spirits (Type 21 ABC license), for off-site consumption
within an existing 17,035 square foot commercial unit and must be incidental to the
grocery store. 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 20-09, 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 and/or on-site improvements to the parking lot
area, including new cart corrals shall be subject to a Site Plan and Design Review
application.
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 8 of 9
4. There shall be no excessive loitering in front of the business.
5. 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
6. 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.
7. Noncompliance with the plans, provisions and conditions of approval for CUP 20-
09 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
8. 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.
9. Approval of CUP 20-09 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
Resolution No. 2063 - CUP 20-09
165 E. Foothill Blvd.
August 11, 2020
Page 9 of 9
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.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
pass a motion to approve Conditional Use Permit No. CUP 20-09, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 2063 that
incorporates the requisite environmental and Conditional Use Permit findings and 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 pass
a motion to deny Conditional Use Permit Application No. CUP 20-09; state 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 August 11, 2020, hearing, please contact Associate
Planner Christine Song at (626) 574-5447, or CSong@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2063
Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2063
1
RESOLUTION NO. 2063
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 20-09 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
17,035 SQUARE FOOT COMMERCIAL UNIT AT 165 E. FOOTHILL BLVD
WHEREAS, on July 1, 2020, an application for Conditional Use Permit No. CUP
20-09 was filed by the business owner, Grocery Outlet (“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 unit at 165 E. Foothill Blvd (the “Project”); and
WHEREAS, on July 23, 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 it concerns adding alcohol sales to an existing permitted use
and so is considered a negligible or no expansion of the use ; and
WHEREAS, on August 11, 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 August 11, 2020 are true and correct.
2
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 , wi ll 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 C-G, General Commercial, which allows for a
variety of retail and commercial uses, including a grocery s tore that is allowed by-right in
this zone. Since the sale of the alcoholic beverages is incidental to the grocery store, and
will only occupy a small area in comparison to the entire grocery store, the Project will not
3
change the characteristics of a retail use that is typically found in a neighborhood
commercial center. 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. The Ralphs market, which is located one block away from this site, also
operates for more than 16 hours per day and is open until midnight. 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 characteristic s of
a grocery store and it will be compatible with other markets that sell alcohol such as
Ralphs, which is located one block from 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 consistent with
the nearby Ralphs, which is open from 6:00 a.m. – midnight, daily. 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,
4
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 southeast 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 s ite 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. Foothill Blvd., between Highland Oaks
Drive and North 2nd Avenue, and has access from either E. Foothill Blvd. or North 2nd
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 Rite Aid
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, disposal, etc.).
5
FACT: The subject property is developed with an existing commercial building.
There are adequate utilities to service this site and busines s, 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 as it concerns adding
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RESOLUTION NO. 2063
Conditions of Approval
1. The use approved by Conditional Use Permit No. CUP 20-09 is limited to the sale
of beer, wine, and distilled spirits (Type 21 ABC license), for off -site consumption
within an existing 17,035 square foot commercial unit. 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 20-09, 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 and/or on-site improvements to the parking l ot
area, including new cart corrals shall be subject to a Site Plan and Design Review
application.
4. There shall be no excessive loitering in front of the business.
5. 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
6. All City requirements regarding disabled access and facili ties, 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.
7. Noncompliance with the plans, provisions and conditions of approval for CUP 20-
09 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
9
8. 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.
9. Approval of CUP 20-09 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 & Commun ity Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
----
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information &
Photos of the Subject Property and Vicinity
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
N/A
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
C-G
Number of Units:
C
Property Characteristics
1966
17,000
0
HIGHLANDER CENTER LLC C/O GLOBE PROPERTIES
Site Address:121 E FOOTHILL BLVD
Parcel Number: 5771-021-029
N/A
Zoning:
General Plan:
N/A
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:Yes
N/A
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
Yes
Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
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 generated 29-Jul-2020
Page 1 of 1
Grocery Outlet
165 E. Foothill Blvd., Arcadia, CA
Aerial Photo
Aerial Photo Looking South
Grocery Outlet
165 E. Foothill Blvd., Arcadia, CA
Front of Store
Back of the Store
Attachment No. 3
Attachment No. 3
Architectural Plans
PROPOSED GROCERY OUTLET±17,000 SFEFOOTHILLBLVDN 2ND AVE
S A N T AAN I T AWAS H PLAN NORTHTRUE NORTH(E) ADA PARKING STALLS, SEE(E) ADA PARKING STALLS, SEEACCESSIBLE PATH OF TRAVEL2/ A100(E) ADA PARKINGSTALLS, SEE2/ A1002/ A100(N) CART CORRAL,36" WIDEWHEELBLOCKS, TYP.SHEET NOTES1. GC TO FIELD VERIFY FOR ANY NON-COMPLIANT OR ACCESSIBILITY DEFICIENCIES AND NOTIFY GO CM FOR DIRECTION PRIOR TO PROCEEDING.2. EXISTING ACCESSIBLE PATH OF TRAVEL AND EXISTING ACCESSIBLE PARKING SERVING THE AREA OF ALTERATION IDENTIFIED IN THESE CONSTRUCTION DOCUMENT IS TO BE COMPLIANT WITH THE CURRENT APPLICABLE CALIFORNIA BUILDING CODE ACCESSIBILITY PROVISIONS FOR PATH OF TRAVEREQUIREMENTS FOR ALTERATION, ADDITIONS AND STRUCTURAL. GC TO VERIFY PATH SHOWN AND NOTIFY GO CM AND ARCHITECT OF ANY DEFICIENCS IN FIELD.LEGENDACCESSIBLE PATH OF TRAVEL48" MIN WIDTH PER 11B 403.5.1(3).NOTE ON PATH OF TRAVEL: THE SLOPE AND CROSS-SLOPE ALONG THE PATH OF TRAVEL SHALL NOT EXCEED 5% AND 2% RESPECTIVELY. INSPECTOR TO VERIFY.NOPARKINGF U LLR E Q U IR E LE N G TH O F P A R K IN G S P A C E18'-0"M IN4"B L U E LIN E 3'-0"3 '-0 "4"B L U E LIN E
F U LLR E Q U IR E L E N G T H O FP A R K IN G S P A C E
18'-0"M IN
12'-0"MINATVAN5'-0"MIN9'-0"MINACCESS AISLE PER CBC 11B-502.6.44" BLUE OR WHITE LINES DIAGONALS AT 3'-0" MAX O.C.WHITE INTERNATIONAL SYMBOL OF ACCESSIBILITY ON BLUE BACKGROUND PER CBC 11B-502.6.44 "B LU E LIN E B O R D E R S2.1%MAX.2.1%M A X .ACCESSIBLE SIGN PER CBC 11B-502.6WHEEL BLOCKSAT TOP0.45" - 0.47" DIA.AT BASE0.90" - 0.92" DIA.APART2.3" MIN. - 2.4" MAX.APART2.3" MIN. - 2.4" MAX.0.65 MIN.AATYPICAL MAT PLANHEIGHT0.18" - 0.22"TAPERED EDGES WHERE DOME EXPOSEDMAT SURFACETYPICAL SECTION A-ANOTE: DETECTABLE WARNING SURFACE SHALL PROVIDE A 70% MIN. VISUAL CONTRAST WITH ADJACENT WALKING SURFACES, EXCEPT AT TRANSIT BOARDING PLATFORMS, BUS STOPS, HAZARDOUS VEHICULAR AREAS, REFLECTING POOLS AND TRACK CROSSINGS, THE COLOR OF DETECTABLE WARNING SURFACES SHALL BE YELLOW AND APPROXIMATE COLOR NO. 33538 OF FEDERAL STANDARD NO. 595C.PROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m6/24/2020 11:08:58 AMA100SITE PLAN - FORREFERENCE ONLY165 E FOOTHILL BLVDARCADIA, CA 91006ILCI54253XXX1" = 1'-0"EXISTING SITE PLAN - FOR REFERENCE ONLY1NOT TO SCALE1/8" = 1'-0"STANDARD ACC. PARKING STALL (FOR REFERENCE ONLY)21/2" = 1'-0"TRUNCATED DOMES (FOR REFERENCE ONLY)304/06/20 ISSUE FOR PERMIT3 06/01/20 BUILDING PC111020304050607077788090100110120129130140150159160170200210220230240250255260270295Parking Required (@ 4/1000) = 68Parking Provided= Handicapped: 13 Standard: 282Total Parking Provided: 295 180173174180190192280286287290
TYP3'-0"10'-7"MEAT COOLER 203 SQ. FT.FREEZER 400 SQ. FT.BALERMEAT SCALECHARGING STATIONS & EYEWASHEXISTING MEZZANINE ABOVE TO BE REMOVED (SHOWN IN BLUE DASH)BEER TABLEWINE TABLEEXISTING TRASH ENCLOSURE ±162 SQ. FT.PREFER THAT THE EXISTING ELECTRICAL ROOM TO BE REMOVED. PANELS TO BE RELOCATED.MBH TO CONFIRM WITH ELEC ENGINEERS THE EXTENT OF SCOPE / COST TO RELOCATE.EXISTING LADDER TO BE REMOVEDWINEWINEWINE12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE102" 1-Tr102" 1-Tr102" 1-TrSTOCK 2,902 SQ. FT.102" 1-Tr102" 2-TrBACK OFFICE104 SQ. FT.FRONT OFFICE143 SQ. FT.BORRAY BINBORRAY BINPROD EURO48"PROD MEAT FISHBUNKERS36" 36" 36" 48"ADACARTFLORALFLORAL12' B & W CASEICE CASE51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr72X36 UPRIGHTSSODA/ WATER/ PETBARGAINPROMO84"BARGAIN PROMO84"SALES 11,318 SQ. FT.UNISEX 63 SQ.FT.UNISEX 63 SQ.FT.BREAK AREA 165 SQ.FT.EXISTING DOOR (3'-0"W X 7'-0"H) TO REMAINEXISTING DOOR (3'-0"W X 7'-0"H) TO REMAINEXISTING DOOR (3'-0"W X 7'-0"H) TO REMAINNEW OVERHEAD DOOR AT EXISTING OPENING (RO: 6'-0"W X 8'-0"H) ADJACENT TENANT, NICSLOPE DOWNLOADING AREA(N) CART CORRAL BY GO987654321ABCDEF±20'-8"±20'-1"±20'-1"±16'-4"±22'-10"LEASELINE TO LEASELINE±100'-0"±20'-5" ±19'-10" ±20'-3" ±20'-0" ±20'-1" ±19'-1" ±20'-10" ±29'-2"LEASELINE TO LEASELINE±169'-8"EXISTING SIDEWALKEXISTING CURBJANITOR'S/ EVAC 73 SQ. FT.HALLWAY 216 SQ. FT.EXISTING FURRING TO REMAIN. CONFIRM WITH GO.EXISTING FIRE RISER TO REMAINMERCHANDIZING CREEPSPROPOSED LOCATION FOR NEW HOSE BIBEXISTING CURB RAMP TO REMAINWINE TABLEWINE TABLE±6'-0"±29'-11"±11'-8"±6'-7"±11'-8"ON-GRADEPROPOSED LOCATION FOR BALE STORAGE±125 SQ. FT.±20'-10"±26'-4"EXISTING COLUMN TO REMAIN, TYPEXISTING COLUMN TO REMAIN, TYPEXISTING COLUMN TO REMAIN, TYPEXISTING COLUMN TO REMAIN, TYPDAIRY COOLER 638 SQ. FT.(8 DOORS)AHU (SUSPENDED)102" 1-Tr102" 1-Tr102" 1-Tr102" 2-Tr102" 1-Tr102" 1-Tr102" 1-Tr12 3 4 5 6 724"X60"24X48"24"X60"28X48"42"X72" (2) TIER42"X72" (2) TIER102"102"102" 102" 102"102" 102" 102"102" 102" 102"102" 102" 102"42"X72" (2) TIER42"X72" (2) TIER42"X72" (2) TIER42"X72" (2) TIER3 DR REACH-INBARGAIN PROMO84"TYP3'-1"12345COKE GOIPEPSI GOI COKE42"X72" (2) TIER102"102"102" 102"3'-11"PROD EURO48"12 FT PRODUCE12 FT PRODUCE16 FT MEAT12 FT SALAD10'-5"BORRAY BINBORRAY BIN8'-2"5'-0"8'-0"102"102"72"72"102"102"72"72"BARGAIN PROMO84"BARGAIN PROMO84"7'-6"6'-6"12'-7"7'-0"12'-7"36"36"7'-0"891'-2"7'-0"6'-2"7'-0"2'-3"4'-6"5'-4"7'-0"2'-3"8'-0"168" PACKAGE WIDTHNEW AUTOMATIC SLIDING DOOR(E) PORTION OF STOREFRONT TO BE REMOVED TO BE REPLACED WITH (N) AUTOMATIC SLIDING DOOR CONFIRM SCOPE SLOPE DOWNNO SLOPE1'-8"5'-1"NEW EXTENDED CURB RAMP BY ??AREA IN SHADE INDICATES FOOTPRINT OF ALCOHOL AREA51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr42"X72" (2) TIER24"X48"7'-0"7"BORRAY BINS7'-5"6'-6"102" 102"FRITO LAY42"X72" (2) TIER7'-0"8'-0"8'-8"42"X72" (2) TIER102" 102" 102"8'-3"7'-0"7'-0"7'-0 1/2"BAKERY TABLE6'-21/2"7'-0"3 DR REACH-INFRITO LAY51"BANANA TREEPROD SLANT RACKS3'-1"7'-0"7'-5"6'-3"4'-10"5'-7"5'-8"7'-0"6'-6"2"2'-0"6'-2"12'-9"7'-0"4'-7"8'-0"2"6'-2"6'-2"2"6'-2"2"2"2'-0"NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH2'-4"2'-0"72" 51"28X48"2'-4"72"51"72"51"3'-0"2"3'-0"7'-5"3'-0"3'-0"3'-0"3'-0"3'-0"3'-0"8'-0"8'-4"5 DR TALL NARROWEXISTING SLIDING IRON GATE TO REMAINON-GRADEON-GRADEEXISTING ACCESS AISLEEXISTING LANDSCAPINGEXISTING SLIDING IRON GATE PROTECTIVE FENCE TO REMAINEXISTING 6'-0" HIGH CONCRETE BLOCK WALL ALONG THE PROPERTY LINEEXISTING 3'-0" HIGH CONCRETE BLOCK WALL ALONG THE PROPERTY LINEEXISTING STAIR TO REMAINEXISTING PARKING TO REMAINON-GRADESTOREFRONT SYSTEM, MATCH ADJACENTEXISTING DOORS TO BE REPLACED WITHSTOREFRONT SYSTE, MATCH ADJACENTEXISTING DOORS TO BE REPLACED WITH102" 84" 72" 102"SPIRITS5 DR TALL NARROW 5 DR TALL NARROW72"14'-0"NEW EQUIPMENT PLATFORM ABOVE BY GO (EXTENTS SHOWN HATCHED)3 DR REACH-IN3 DR REACH-IN5 DR TALL NARROW102" 84" 72" 102"5 DR TALL NARROW 5 DR TALL NARROW72"7'-0"8'-3"6'-6"10'-0"TYP4'-0"5'-6"7'-11"7'-7"E.8A.32'-0"10'-5"EXISTING ROOF COLUMN TO REMAIN, TYP.102" 2-Tr102" 1-Tr4'-0"7'-0"1'-1 1/2"SPIRITSGROCERY OUTLET - STORE #XXXARCADIA, CAFINAL VERSION #21 - 04/01/20(ROTATED 90 DEGREE, PER GO REQUEST 01/22/20)BUILDING AREAS (GROSS)SALE 11,620 SQ.FT.B.O.H.UTILITES (RESTROOMS, OFFICES, HALLWAY & 896 SQ.FT.EMPLOYEE/ BREAK AREA)STOCK + RECEIVING + VOID 4,519 SQ.FT.SHELL 17,035 SQ.FT.BUILDING AREAS (NET)MERCHANDISING 11,318 SQ.FT.STOCK ROOM #1 & #2 &RECEIVING(EXCLUDING WALK-INS & 2,902 SQ.FT.JANITOR'S/ EVAC AREA)LEGENDSYMBOL DESCRIPTIONBUMPBRASS BELL (AT CHECKSTAND #1)ECO BAG GRIDS (3 PER PLAN)ABS BROOM HOLDERS (4 PER PLAN AT CLEANER AISLE)APPAREL RACKS (PROMOTIONAL EVENTS)BUMP OUT SECTIONS (12 @ HBC - PER PLAN)SECURITY CAMERA (SINGLE DIRECTION)SECURITY CAMERA (360 DEGREE)GENERAL MERCH HBC PERIMETERSEASONAL CANDY PERIMETERINT. SIGNAGE WINE PERIMETERALCOHOL SALES HOLDING BOXESBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 24"SAHARA COLORBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 20"SAHARA COLORBO LIGHTING @ 14'-0"BASE DECKS 24"SHELVES 20"BLACK COLORBEER & WINEALLOCATED FLOOR AREA: 425 SFRATIO TOTOTAL SALES FLOOR: 3.76%FREEZER: 400 SFDAIRY: 638 SFMEAT: 203 SFREFRIGERATION SYSTEMTRADITIONAL(PER FRANK AND BEN 20/03/11)NOTE:LANDLORD IS TO DELIVER THE BUILDING IN VANILLA SHELL CONDITIONS.PROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m6/24/2020 11:09:01 AMFIXTFIXTURE PLANMERCH. LABELS165 E FOOTHILL BLVDARCADIA, CA 91006AuthorChecker54253XXX),1$/902/03/20 FINAL VERSION #1402/05/20 FINAL VERSION #1502/07/20 FINAL VERSION #1602/26/20 FINAL VERSION #1703/10/20 FINAL VERSION #1803/12/20 FINAL VERSION #1903/31/20 FINAL VERSION #2004/01/20 FINAL VERSION #21
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 20-09 - Conditional Use Permit with a Categorical
Exemption under the California Quality Act ("CEQA") Section
15301(a) to allow the sale of beer, wine, and distilled spirits for
off-site consumption at 165 E. Foothill Blvd.
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):
165 E. Foothill Blvd.
(cross streets: E. Foothill Blvd. and N. 2nd Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Grocery Outlet
(2) Address 26023 Jefferson Ave., Suite D
Murrieta CA 92562
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: 15301(a) – Class 1 (Existing facility - adding
alcohol sales to an existing permitted use and so is
considered a negligible or no expansion of the use.
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:
July 23, 2020
Staff:
Christine Song, Associate Planner