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HomeMy WebLinkAbout7333 RESOLUTION NO. 7333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF 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 GROCERY OUTLET 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 ("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 recommended 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 that previously sold off-site alcohol and so is considered a negligible or no expansion of the use; 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; and WHEREAS, following consideration of all testimony and evidence including staff reports and attachments, the Planning Commission conditionally approved Conditional Use Permit No. CUP 20-08 for the Project; and 1 WHEREAS, on July 24, 2020, an appeal application for Conditional Use Permit No. CUP 20-08 was filed in a timely manner and within the prescribed appeal period of ten calendar days by Mr. R. Bruce Tepper, on behalf of the Unincorporated Association of Residents ("Appellant"), appealing the Planning Commission's decision; and WHEREAS, on September 15, 2020, a duly noticed public hearing was held by the City Council, to consider the appeal, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council considered the Planning Commission staff report, the City Council staff report, and all attachments, dated September 15, 2020, and all evidence and testimony presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL 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 September 15, 2020 are true and correct. SECTION 2. The City Council finds, based upon the entire record, that 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 Land Use and Community Design Element policies of the General Plan. The Commercial designation is intended to permit a wide range of commercial uses, which serve both neighborhood and citywide 2 markets. The sale of alcohol and extended hours of operation for more than 16 hours (previously from 10:00 AM to 10:00 PM), for an additional five hours up to 11:00 PM, will provide the general public with the convenience of accessing goods and services typically found in close proximity to residential neighborhoods, and the Project will remain as an incidental use to the grocery store. There is an expectation that grocery stores will provide a full range of products to the public, including the sale of alcoholic beverages. This is especially important in areas that are in close proximity to residential uses, such as the subject property. There are other grocery stores in the City that are also in close proximity to residential areas that also sell the full range of alcoholic beverages, such as Ralph's located at 211 E. Foothill Boulevard, Vons located at 745 W. Naomi Avenue, Albertsons located at 298 Live Oak Avenue, and Grocery Outlet which will be located at 165 E. Foothill Boulevard. The Project is thus consistent with other grocery stores in the City and will provide products that are complementary to the adjacent residential uses. Therefore, the Project is consistent with the General Plan and the following policies: 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. • Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. Another primary goal of the General Plan is to provide the necessary opportunities for the City to grow and thrive economically while preserving the quality and character of the single-family residential neighborhoods. Live Oak Avenue is a major commercial corridor 3 in the city and the Project would benefit the City through increased revenue and employment opportunities. 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 grocery stores, making it a use 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 the characteristics of the area. As for the additional five hours of operation for more than 16 hours per day and until 11:00 p.m., these hours are typical of supermarkets that provide ongoing services to the residents. Therefore, the Project complies with all the applicable provisions of the Development 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 sale of alcohol will be located within an existing commercial building and limited to one area of the market, in the southwest corner, adjacent to the checkout stations, which constitutes less than 5% of the total sales area of the market. The Project will not affect nor change the way the grocery store is operated. The Project will not change the operating characteristics of the grocery store and it will be compatible with other markets that sell alcohol, such as Albertsons, which is located two blocks from this site, and the 7-Eleven just east of this site. If anything, the sale of alcohol would be a convenience for the shoppers by allowing them to purchase multiple goods in one location. 4 This will not create any potential negative impacts since on-site consumption is not allowed and the limited area of alcohol products are located by the checkout stations to allow maximum staff supervision and regulation of alcohol sales. The previous business, Walgreens operated from 10:00 AM to 10:00 PM. The Applicant's proposed business hours are from 6:00 a.m. — 11:00 p.m., daily, and thus proposes only a minor extension of five hours of operation. Additionally, the proposed business hours are the same as the nearby existing Albertsons store. The existing 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. The Mixed-Use land use designation that applies to this area allows a wide range of commercial uses, as well as residential uses, to be established. As the General Plan states, "Mixed-Use districts support commercial uses that integrate well with residential activity without creating conflicts." Clearly, grocery stores are uses that are not only complementary to residential uses, but are also necessary to support residential areas. As the future build out of this area anticipates a mix of land uses, including residential projects, the establishment of a grocery store with a full range of products, including alcoholic beverages, is complementary to this Mixed-Use area. Therefore, the proposal is compatible with the existing uses and future commercial and mixed-use development 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, 5 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 fences, landscaping, loading, parking, spaces, walls, yards, and other features since the Project has the same requirements, including parking, as the previous use that occupied the building. The site is adequate in size and shape to accommodate the Project. The Applicant submitted a separate Site Plan and Design Review application for the installation of an outdoor shopping cart corral, but this has no bearing on the sale of alcohol since it is needed for the grocery store's general operations. This application will be reviewed and approved administratively by staff and is not included in the Project. 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, which raised no concerns over this use by this new potential tenant. Further, 6 no safety concerns were raised by the previous use when Walgreens sold alcohol at this location. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). 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 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. The grocery store will provide a full range of products to the surrounding residential properties, including alcoholic beverages. Other markets in Arcadia provide the same service in locations such as this, that are in close proximity to residential uses. Examples of other grocery stores in Arcadia that provide these products in close proximity to residential uses include Ralph's located at 211 E. Foothill Boulevard, Vons located at 745 W. Naomi Avenue, Albertsons located at 298 Live Oak Avenue, and Grocery Outlet which will be located at 165 E. Foothill Boulevard. The 7 fact that these other grocery stores provide these products shows that a public need and expectation is being met. Further, the fact that there are no adverse impacts reported from these other similar markets shows that this does not lead to a public nuisance or neighborhood problem, and thus the Municipal Code allows the use. The Applicant will be required to comply with the California Department of Alcoholic Beverage Control ("ABC") regulations. ABC has determined that there is an over-concentration of licenses for this census tract since there are four businesses in the entire tract that have ABC licenses, while a standard total of two licenses are allowed. However, it is not unusual to have an over-concentration of ABC licenses in a commercial area of a city. In fact, the Project 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 Arcadia Police and Fire Departments have reviewed the application and did not have any concerns since there is no history of high criminal activity at this site due to the sale of alcohol. In reviewing the operation of the previous business, Walgreens, there was no indication that the sale of alcohol negatively impacted neighboring businesses or residences. 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 alcohol sales to an existing permitted use that previously sold off-site alcohol and so is considered a negligible or no expansion of the use. 8 SECTION 3. For the foregoing reasons, the City Council determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act ("CEQA") Guidelines, and upholds the Planning Commission's approval of 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 for more than 16 hours per day 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 City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of September, 2020. Cf/2..k--- Mayorof the City of Arcadia ATTEST: Cts Clerk of the City of Arcadia APPROVED AS TO FORM: P Stephen P. Deitsch City Attorney 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7333 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of September, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Cheng, Verlato, and Tay NOES: None ABSENT: Beck Mayor Chandler was recused from the vote. ity Clerk the City of Arcadia 10 RESOLUTION NO. 7333 Conditions of Approval 1. 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. 11 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. 12