No preview available
HomeMy WebLinkAboutMUP 22-03_Decision Letter City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ArcadiaCA.gov July 18, 2022 Sent Via Email & Mail Tawa Retail Group, Inc. 6338 Regio Avenue Buena Park, CA 90620 SUBJECT: Minor Use Permit No. MUP 22-03 PROJECT ADDRESS: 400 S. Baldwin Avenue, Suite 1000 Dear Ms. Lee, The public comment period for Minor Use Permit No. MUP 21-13 ended on July 7, 2022. Staff did not receive any comments during the public comment period nor was a public hearing requested for the application. The Development Services Department has conditionally approved the Minor Use Permit to allow the sale of alcohol at a proposed grocery store (dba: 99 Ranch Market) at 400 S. Baldwin Avenue, Suite 1000. This approval is subject to the conditions of approval listed below. The proposed grocery story will be located within the Westfield Mall in the Commercial-Regional (CR) Zone and will occupy an existing 34,555 square foot, first floor unit. The grocery store will operate from 9:00 AM to 9:00 PM, daily. Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may be approved if all of the following findings can be made: 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan, and that the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. 2. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. 3. That the site is physically suitable in terms of 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 re quired to adjust the use with the land and uses in the neighborhood; streets and highways are adequate in width and pavement type to accommodate public an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. 4. That the type, density, and intensity of use 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. Based on the information available, the approved project, as conditioned, satisfies all the required findings necessary to grant a Minor Use Permit (refer to Attachment 1). The proposed project qualifies as a Class 1 Categorical Exemption as a use within an existing facility from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. In addition, the project is subject to the following conditions. Conditions of Approval 1. The use approved by Minor Use Permit No. MUP 22-03 is limited to the sale of beer, wine, and distilled spirits (Type 21 ABC license), for off -site consumption within a proposed grocery store. No on-site consumption is permitted with this approval. The sale of alcoholic beverages for offsite consumption will be incidental to the grocery store use. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for MUP 22-03, and shall be subject to periodic inspections, after which the provisions of this Minor 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 grocery store opening hours shall be limited to 9:00 AM to 9:00 PM, 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. 4. Noncompliance with the plans, provisions and conditions of approval for MUP 2 2-03 shall be grounds for immediate suspension or revocation of any approvals. 5. There shall be no excessive loitering in front of the business. 6. A Sign Architectural Design Review application must be processed with Planning Services, and a permit shall be obtained with Building Services prior to installation. 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 8. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Minor Use Permit No. MUP 22-03 (“Project”) on the Project site, and which may arise from the direct or indir ect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to a ll damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non - appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third -party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $676.00 appeal fee by 5:30 p.m. on Thursday, July 28, 2022. Approval of Minor Use Permit No. MUP 22-03 shall not be in effect unless the Property Owner and Applicant have executed and filed the enclosed Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance Form is due now and if it is not received by August 18, 2022, this approval will become null and void. This approval shall expire in one year (July 29, 2023) from the effective date unless plans are submitted to Building Services for plan -check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved plans and any conditions of approval. Any inconsistency from the approved plans may preclude the issuance of a building permit. An extension may be granted by the Development Services Director or designee, or the Review Authority that approved the project for a maximum period of one (1) year from the initial expiration date. An extension can only be granted if the required finding s can be made. Please note that acceptance of an extension request does not indicate approval of an extension. A building permit and inspection may be required for construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation and permits needed. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter. If you have any questions regarding this approval, please contact me at (626) 574-5442 or by email at fgraham@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Fiona Graham Planning Services Manager Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Ian Carter, Property Owner representative MUP No. 22-03 400 S. Baldwin Avenue, Suite 1000 Attachment 1: Required Findings for Approval of a Minor Use Permit Pursuant to Development Code Section 9107.09.050 FINDINGS YES NO 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan; and that subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code The proposed sale of alcohol at a grocery store is consistent with the Regional Commercial land use designation which is intended to offer a variety of retail stores including major retailers. The sale of alcohol for off-site consumption at a grocery store will complement the existing mix of uses in the regional shopping center and will provide the general public the goods and services typically found near residential neighborhoods. Within the Regional Commercial (CR) zone, alcohol beverage sales for off-site consumption, such as proposed at the future grocery store, is subject to a Minor Use Permit per Development Code Section 9102.03.020. Therefore, the proposed sales of alcoholic beverages at a grocery store will be in compliance with all applicable provisions of the Development and Municipal Code and will not adversely affect the comprehensive General Plan. ☒ ☐ 2. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. The proposed sale of alcoholic beverages for off-site consumption at a grocery store will occupy a small area within a proposed 34,555 square foot commercial tenant space. The proposed grocery store will be a full-line grocery store, including seafood, meat, produce and general sales departments. The store will be located within the existing regional shopping center which contains a wide mix of retail, service and entertainment uses. ☒ ☐ 3. That the site is physically suitable in terms of 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; streets and highways are adequate in width and pavement type to ☒ ☐ MUP No. 22-03 400 S. Baldwin Avenue, Suite 1000 accommodate public and emergency vehicle (e.g., fire and police protection) access; public protection, and provisions of utilities. The existing regional shopping center is located on the north-east S. Baldwin Avenue and W. Huntington Drive, both of which are adequate in width and pavement type to carry emergency vehicles and traffic generated by the additional sale of alcohol at a proposed grocery store. Parking for the use will be provided on the existing parking lot serving the regional shopping center. A portion of the parking lot will be isolated for grocery store cart usage, however customers may park at any location within the mall parking lot to access the proposed grocery store. The proposed grocery store where the alcoholic beverages will be sold will be serviced by existing fire and police protection services, and existing utility services on the site. Therefore, no impacts are anticipated from the proposed use. 4. That the type, density, and intensity of use 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. The sale of alcoholic beverages at a proposed grocery store will be compatible with the other uses in the CR Zone. The use will provide additional retail services for residents and visitors to the regional shopping center. Allowing the sale of alcoholic beverages 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 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. Furthermore, the Applicant will be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations. The proposed hours of operation will be similar to other retail uses at the regional shopping center. The proposed business qualifies as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as a use within an existing facility. Therefore, the proposed sale of alcoholic beverages at a proposed grocery store will not impact the public convenience, health, interest, safety of general welfare, will not constitute a nuisance or be materially injurious to the community, and will not be out of character with uses in the general area. ☒ ☐