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HomeMy WebLinkAboutResolution No. 2063RESOLUTION 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. 1 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 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 Project will not F 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 characteristics 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, 3 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 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. 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.). 4 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 as it concerns adding 5 alcohol sales to an existing permitted use and so is considered a negligible or no expansion of the use. 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 20-09 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 unit located at 165 E. Foothill Blvd., 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 11'h day of August, 2020. ATTEST: Lisa L. Flore F Secretary APPROVED AS TO FORM: n. Stephen P. Deitsch City Attorney L 1 �J Deborah Lewis 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. 2063 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 11th day of August, 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. Flores Secretary of tA Planning Commission RESOLUTION NO. 2063 Conditions of Approval 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. 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. 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. 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 & Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval.