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HomeMy WebLinkAboutStaff ReportDATE: November 8, 2022 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Alison MacCarley, Assistant Planner SUBJECT: RESOLUTION NO. 2105 – APPROVING CONDITIONAL USE PERMIT NO. CUP 22-09 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE SALE OF BEER AND WINE WITHIN THE EXISTING CONVENIENCE STORE AT THE VALERO SERVICE STATION LOCATED AT 102 E. DUARTE ROAD Recommendation: Adopt Resolution No. 2105 SUMMARY The Applicant, Jerry and Steve Madain, the owners of the Valero service station are requesting approval of Conditional Use Permit Application No. CUP 22-09 to allow the sale of beer and wine within the existing convenience store that is located at 102 E. Duarte Road. It is recommended that the Planning Commission adopt Resolution No. 2105 (refer to Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve CUP 22-09, subject to the conditions listed in this staff report. BACKGROUND The property is located at the corner of East Duarte Road and South First Avenue and has access from either street. The project site is zoned General Commercial, C-G, with a General Plan Land Use Designation of Commercial - refer to 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 south and east, with commercial uses to the west and north. The service station has been at this site since 1965, which included a repair shop with two service bays and a convenience store. In 2018, the owners installed electric vehicle chargers at the rear of the property and expanded the 1,120 square foot convenience store by another 500 square feet to increase the retail and storage space, add a new Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 2 of 9 N office and bring the restroom into ADA compliant. Figures 1 and 2 show an aerial perspective and street view perspective of the service station. The current owner, Jerry Madain of Jerry’s Union has owned and operated at this location since 1984. Although the gasoline brand has changed through the years, it has been Valero’s gasoline since 2020. The existing business hours are from 6:00 a.m. to 10:00 p.m. Monday through Friday, 7:00 a.m. to 9:00 p.m. on Saturdays, and 8:00 a.m. to 8:00 p.m. on Sundays. No changes are proposed business hours. Figure 1 - Aerial of subject site Figure 2 – View from Duarte Road Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 3 of 9 PROPOSAL The Applicant is requesting approval of a Conditional Use Permit (CUP) to allow the sale of beer and wine with a Type 20 (Off-Sale General) license from Alcoholic Beverage Control (ABC) within the existing convenience store. The proposed floor plan (refer to Attachment No. 3) shows the interior layout of the store with the beer and wine section in the western corner within the new expanded retail space and fridge area (see Figure 3). ANALYSIS The Development Code requires a Conditional Use Permit (CUP) for the sale of any alcoholic beverages in the C-G zone and is located less than 150 feet from residentially zoned property. The purpose of the CUP is to ensure that the proposed beer and wine sales is an appropriate use for the property and is compatible with other uses in the surrounding area. The sale beer and wine for off-site sales can be found at several service station convenience stores in Arcadia. By allowing this use it would not result in an adverse impact to the neighboring businesses as the beer and wine will not change the use to a liquor store and it will be limited to two fridges. The Applicant will be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations and all the employees will be required to complete the State of California’s ABC Responsible Alcoholic Beverage Service (RBS) training. RBS training includes looking for signs of intoxication, property identification checking, procedures for dealing with various situations, as well as general behavior observation training. With regards to public safety concerns, the Fire Department, Police Department, and the City’s Building Official have reviewed the CUP application and no concerns were raised by any of the departments for the proposed sale of beer and wine. The Applicants are no longer proposing any changes to the business hours therefore the business hours will remain the same. In terms of parking, the subject property has a total of nine (9) on-site parking spaces, and it will remain the same as there is no expansion proposed to the convenience store under this proposal. Figure 3 – Photo of Inside the Valero Convenience Store Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 4 of 9 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 and wine within a service station convenience store 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 the local neighborhood and the city at large. The sale of beer and wine will be incidental to the retail operation of the convenience store. Therefore, the sale of beer and wine is consistent with the General Plan and the following policy: Land Use and Community Design Element •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. 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. Facts to Support This Finding: The subject property is zoned C-G, General Commercial, which allows for a variety of retail and commercial uses. Since the sale of beer and wine is incidental to the convenience store and will only occupy a small area in the entire convenience store, the proposed request will not change the characteristics of the business that is typically found in a neighborhood commercial zone. There are several other service stations with a convenience store in the City that also sell beer and wine, as well as retail goods and pre-packaged food, primarily oriented for the automobile customers. Therefore, granting this CUP will comply 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 beer and wine will be located within an existing commercial building and limited to two fridges and one shelf space for wine bottles inside the convenience store. The proposed sale of beer and wine will not affect nor change the way the convenience store is operated. The project will not modify the site or building. Conditions of approval in the resolution which address Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 5 of 9 safety and security and the sale of beer and wine will not be detrimental or injurious to the property, or the public health safety, and general welfare of the City. 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 beer and wine will take place inside the existing commercial building as part of the convenience store use. There will be a designated area in the southwest corner of the store where the beer and wine will be displayed. There will be no changes or impacts to parking since the current site has adequate parking. 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 at the corner of East Duarte Road and South First Avenue and has access from either East Duarte Road or South First 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 within 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 Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 6 of 9 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: The purpose of the C-G, General Commercial Zone, is to provide a wide range of retail sales primarily oriented to the automobile customer to provide for the general needs of the City. The sale of beer and wine will not adversely affect the public convenience, health, interest, safety, or general welfare since it will be limited to no more than two fridges and one shelf space within the convenience store, and it will not change the overall operation or its use. The Conditions of approval in the resolution also address safety and security to ensure it will not be detrimental or injurious to the property, or the public health safety, and general welfare of the City. Therefore, this finding can be met. 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 the proposed use will be located within an existing facility (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 October 27, 2022. As of November 8, 2022, staff has not received any comments or concerns from the public. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2105 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 22-09 subject to the following conditions of approval: 1.The use approved by Conditional Use Permit No. CUP 22-09 is limited to the sale of beer and wine (Type 20 ABC license), for off-site consumption within an existing 1,620 square foot commercial unit and must be incidental to the convenience store. No on-site consumption is permitted with this approval. The business 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. Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 7 of 9 2.No exterior changes to the existing building are permitted with this approval. Any exterior changes to the building or window signage shall be subject to the City’s review and approval. 3.There shall be no excessive loitering in front of the business. 4.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. 5.Noncompliance with the plans, provisions and conditions of approval for CUP 22- 09 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of the sale beer and wine. 6.To the maximum extent permitted by law, Property Owner/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 Property Owner/Applicant’s activities in connection with Conditional Use Permit No. CUP 22-09 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Property Owner/Applicant’s contractors, agents, tenants, employees or any other persons acting on Property Owner/Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all 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 Property Owner/Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Property Owner/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 Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 8 of 9 such action, Property Owner/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, Property Owner/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 Property Owner/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 Property Owner/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 Property Owner/Applicant. 7.Approval of CUP 22-09 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. 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 22-09, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2105 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 22-09; 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. Resolution No. 2105 - CUP 22-09 102 E. Duarte Rd. November 8, 2022 Page 9 of 9 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the November 8, 2022, hearing, please contact Assistant Planner Alison MacCarley at (626) 574-5447, or Amaccarley@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2105 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. 2105 1 RESOLUTION NO. 2105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 22-09 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW THE SALE OF BEER AND WINE WITHIN THE EXISTING CONVENIENCE STORE AT THE VALERO SERVICE STATION LOCATED AT 102 E. DUARTE ROAD WHEREAS, on September 22, 2022, an application for Conditional Use Permit No. CUP 22-09 was filed by the business owners, Jerry and Steve Madain, (“Applicant”) to allow the sale of beer and wine at an existing Valero service station convenience store at 102 E. Duarte Road; and WHEREAS, on October 25, 2022, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on October 24, 2022, 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 November 8, 2022, 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 sale of beer and wine within a service station convenience store 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 the local neighborhood and the city at large. The sale of alcohol will be incidental to the retail operation of the convenience store. Therefore, the sale of beer and wine is consistent with the General Plan and the following policy: Land Use and Community Design Element 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 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. Since the sale of beer and wine is incidental to the convenience store of a service station and it will only occupy a small area (two fridge doors) in the entire convenience store, the proposed request will not change the 3 characteristics of the business that is typically found in a commercially zoned area adjacent to residential. There are several other service stations with a convenience store in the City that also sell beer and wine, as well as retail goods and pre-packaged food, primarily oriented for the automobile customers. Therefore, granting this CUP will comply 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 sale of alcohol will be located within an existing commercial building and limited to two fridges inside the convenience store. The proposed sale of beer and wine will not affect nor change the way the convenience store is operated. The project will not modify the site or building. Conditions of approval in the resolution which address safety and security, the sale of beer and wine will not be detrimental or injurious to the property, or the public health safety, and general welfare of the City. 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. FACT: 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 convenience store use. There will be a designated area in the southwest corner 4 of the store where the beer and wine will be displayed. There will be no changes or impacts to parking since the current site has adequate parking. 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 at the corner of East Duarte Road and South First Avenue and has access from either East Duarte Road or South First 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.); and FACT: 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.). FACT: The subject property is developed within 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 5 to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The purpose of the C-G, General Commercial Zone, is to provide a wide range of retail sales primarily oriented to the automobile customer to provide for the general needs of the City. The sale of beer and wine will not adversely affect the public convenience, health, interest, safety, or general welfare since it will be limited to no more than two fridges within the convenience store, and it will not change the overall operation or its use. The conditions of approval in the resolution also address safety and security to ensure it will not be detrimental or injurious to the property, or the public health safety, and general welfare of the City. Therefore, this finding can be met. 6. 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 the proposed use will be located within an existing facility. 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 22-09 to allow the sale of beer and wine at the existing convenience store of the Valero Service Station located at 102 E. Duarte Road, subject to the conditions of approval attached hereto. 6 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8th day of November 2022. ______________________ Brad Thompson Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: _________________for___ Stephen P. Deitsch City Attorney 7 Page Internationally Left Blank 8 RESOLUTION NO. 2105 Conditions of Approval It is recommended that the Planning Commission adopt Resolution No. 2105 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 22-09 subject to the following conditions of approval: 1. The use approved by Conditional Use Permit No. CUP 22-09 is limited to the sale of beer and wine (Type 20 Alcoholic Beverage Control (ABC) license), for off-site consumption within an existing 1,620 square foot commercial unit and must be incidental to the convenience store. No on-site consumption is permitted with this approval. The business 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. No exterior changes to the existing building are permitted with this approval. Any exterior changes to the building or window signage shall be subject to the City’s review and approval. 3. There shall be no excessive loitering in front of the business. 4. 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. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 22- 09 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of the sale beer and wine. 6. To the maximum extent permitted by law, Property Owner/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 Property Owner/Applicant’s activities in connection with Conditional Use Permit No. CUP 22-09 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Property Owner/Applicant’s contractors, agents, tenants, employees 9 or any other persons acting on Property Owner/Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all 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 Property Owner/Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Property Owner/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, Property Owner/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, Property Owner/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 Property Owner/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 Property Owner/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 Property Owner/Applicant. 7. Approval of CUP 22-09 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. ---- Attachment No. 2 Attachment No. 2 Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties 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 1,120 0 Property Owner Site Address:102 E DUARTE RD Parcel Number: 5781-006-042 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A 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 20-Oct-2022 Page 1 of 1 Attachment No. 3 Attachment No. 3 Architectural Plans Obtain CUP for (20) off-site beer and wine sales No new construction required SCOPE OF WORK NO NEW CONSTRUCTION NEEDED ADDING (20) OFF-SITE BEER AND WINE 1 2 4 NOTE= ALL SIGNAGE SHALL BE REVIEWED 'f APPROVED BY PLANNING SERVICES UNDER SEPARATE PERMIT. !. / (A� \A_r I I I I / I I / ! ' ;-JJ I / I / I- - -- I - ! / ROOF LINE I (TYP.) --_j_ ,----'1a===========�1 ===========a=a""1' ===========,..1 ====aa1====a=a""1 ========""'•/ FOOD MARt1 / ! I i NORTH ELEVATION . I I I e ======l� --FOOD [MART D 1------ cf-+-----l e'-e" I I WEST ELEVATION .-&I -;---IT::I \ I I I I• r-----t-------- I I I I r-_._ __ _---- SOUTH ELEVATION / / I • [D I I I I I I I I I I I / I I / LJ I I+----+ i . ! I I !II I I I I I I I I I ' ,-{I -----+--/ / l=====;i===a, I I I DJ ------ 2 I / I I I SCALE 1/4" = 1 '-0" / / CJ] I I I I I I I I I I I I I I I• I �i) • I I I I . I I I I / I I / I, 'i�r· ACCESSIBLE SIGN I I .I 0 >- _ l�----------�I ,,.,--- ----------....... (=======-ij KNOX BOX I -I I I / -- - - SCALE : 1/4" = 1 '-0" ' • 1------ '7L _J I� I / // / I '7 L _J I 3 EAST ELEVATION - 7 - - - - - I "' 01 I ' "' in e'-e" - 5 •ATTIC AREA 500 SQ.FT. •REQUIRED VENTILATION ARE: 500/150 ; 3.3 SQ.FT. ; 415 SQ.IN. •PROVIDED VENTILATION TYPE: LOUVERS •PROVIDED OPENING SIZE= e"x 14" ; 112 SQ.IN. •PROVIDED VENTILATION AREA112 X 5; 560 SQ.IN. SEE LOCATIONS: 2/A3.I WEST ELEVATION, 3/A3.I EAST ELEVATION ATTIC VENTILATION NOTES: L EXTERIOR OPENINGS INTO THE ATTIC SPACE OF ANY BUILDING INTENDED FOR HUMAN OCCUPANCY SHALL BE PROTECTED TO PREVENT THE ENTRY OF BIRDS, SQUIRRELS, RODENTS, SNAKES AND OTHER SIMILAR CREATURES. 2.OPENINGS FOR VENTILATION HAVING A LEAST DIMENSION OF NOT LESS THAN 1/10 INCH (Lb MM) AND NOT MORE THAN 1/4 INCH (b.4 MM) SHALL BE PERMITTED. 3. OPENINGS FOR VENTILATION HAVING A LEAST DIMENSION LARGER THAN i/4 INCH (b.4 MM) SHALL BE PROVIDED WITH CORROSION-RESISTANT WIRE CLOTH SCREENING, HARDWARE CLOTH, PERFORATED VINYL OR SIMILAR MATERIAL WITH OPENINGS HAVING A LEAST DIMENSION OF NOT LESS THAN I/lb INCH (Lb MM) AND NOT MORE THAN 1/4 INCH (b.4 MM} ATTIC VENTILATION (�� I I I . I I I ' .I /_ - - --l I I I I SCALE: 1/4" = 1'-0" [TI MSI INTERNATIONAL LEDGESTONE VENEER -CALIFORNIA GOLD F ANEL -SFLITFACE OR Ea. [1_] DUNN-EDWARDS FAINT CO66LESTONE FATl-l DE6068 OVER EXTERIOR CEMENT PLASTER OVER METAL LATl-l OVER 2 LAYERS OF GRADE "D" 6UILDING F APER OR APPROVED EQ. � DUNN-EDWARDS FAINT SAl-lARA DEC141 OVER EXTERIOR STUCCO OVER METAL LATl-l OVER 2 LAYERS OF GRADE "D" 6UILDING F APER OR APPROVED EQ. GJ 8" MDC FOAM CORNICE MOULDING FAINTED DUNN-EDWARDS SWISS COFFEE DEW341 OR EQ. [fil 23.&"X3" REALSTONE SYSTEMS GREYSTONE GOLD WAINSCOT SILL CAP A6OVE TILE OR EQ. � NEW FASS DOOR FOR ROLLING STEEL DOOR TO 6E MANUFACTURED 6Y KRDOORS INC., SPECS Sl-lEET A4.0 OR Ea .. [j] 1-lORZ. AND VERT. METAL REVEAL FER DETAIL &/AD.2 � IMPERIAL MARQUEE AWNING WITI-I 8"-WIDE FLAT PANELS ROOF PANEL COLOR IVORY 6RACES COLOR SLATE GRAY SPECS Sl-!EET 2/AD.1 OR EQ. 5j ATTIC VENTILATION OFENNING NOTE: FINAL COLOR SCl-!EME Sl-!ALL 6E APPROVED 6Y PLANNING DEF ARTMENT DURING 6UILDING FLAN Cl-!ECK � CONSTRUCTION SCALE: 1/4" = 1'-0" PLANNING, ENGINEERING, CONSTRUCTION SERVICES WWW.HABI TANTCLASSIQUE .COM 109 E. ARROW HWY., SAN DIMAS, CA 91773 PHONE (626) 380-8028 FAX (909) 394-2001 z () z ::) d) "'>­oc oc w -, 0 w w > w 0 T I T L E S H E E T S T D A JOB NO. en z 0 IJ.J ....J IJ.J 0 IJ.J en 0 O,_ 0 0::: O,_ A M p T E A1621 I I I I I I BID SET PLAN CHECK PERMIT SET PRINT DATE 10/29/19 ���1�W'J�t�iT�'f.� & I I §��iM-1�ING .&. -0-6-/2_8_/_1_8_1ST BUILDING & A SAFETY SUBMITTAL LJ:::,,. 11/29/18 2ND BUILDING & /}.. SAFETYSUBMITTAL � 05/21/193RD BUILDING & A SAFETY SUBMITTAL Ql 09/12/19 A3.1 s H E E T Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:CUP 22-09 Conditional Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15301(a) to allow the sale of beer and wine for off-site consumption at 102 E. Duarte Rd 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): 102 E Duarte Rd. – The business is located along at the south-east corner of Duarte Rd. and S. First Ave. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Jerry Madain (2)Address 102 E Duarte Rd, Arcadia, CA 91006 4.Staff Determination: 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 the proposed use will be located within an existing facility. 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 – Class 1 (Use of an existing facility) 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: October 19, 2022 Staff: Alison MacCarley, Planning Assistant