HomeMy WebLinkAbout12-13-22 PC Agenda PacketCITY OF ARCADIA
Arcadia Planning Commission
Regular Meeting Agenda
Tuesday, December 13, 2022, 7:00 p.m.
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CALL TO ORDER
ROLL CALL
Brad Thompson, Chair
Vincent Tsoi, Vice Chair
Angela Hui, Commissioner
Domenico Tallerico, Commissioner
Marilynne Wilander, Commissioner
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
PUBLIC COMMENTS (5 minute time limit per person)
Each speaker is limited to three (5) minutes per person, unless waived by the Planning Commission. Under the Brown
Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted
agenda.
PUBLIC HEARING
All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the
proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the
discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally
submit rebuttal comments, at the discretion of the Commission.
You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action
taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections
you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to,
the public hearing.
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1. Resolution No. 2108 – Approving Conditional Use Permit No. CUP 22-10 to allow the
operation of a secondhand store for a non-profit animal rescue organization, Homeless to
Forever Foundation, at 515 N. First Avenue
Recommendation: Adopt
CEQA: Determine to be Exempt
Applicant: Catherine Macias
There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are
to be filed by 4:30 p.m. on Friday, December 23, 2022.
2. Resolution No. 2109 – Approving Conditional Use Permit No. CUP 21-06 and Architectural
Design Review No. ADR 21-21 for the replacement of two existing canopies with one large
canopy, 16 fuel dispensers, and a new convenience store for Conserv Fuel at 701 W.
Huntington Drive
Recommendation: Adopt
CEQA: Determine to be Exempt
Applicant: Ben Steckler
There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are
to be filed by 4:30 p.m. on Friday, December 23, 2022.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There
will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific
items be removed from the Consent Calendar for separate discussion and action.
3. Resolution No. 2111 – A resolution of the Planning Commission of the City of Arcadia,
California, approving Homeowners’ Association Appeal No. HOA 22-05, and overturning the
Santa Anita Oaks Homeowners’ Association Architectural Review Board approval of a new
two-story, Cape Cod style house with an attached four-car garage at 1225 Oaklawn Road
Recommendation: Adopt
4. Minutes of the November 22, 2022, Regular Meeting of the Planning Commission
Recommendation: Approve
MATTERS FROM CITY COUNCIL LIASION
MATTERS FROM PLANNING COMMISSIONERS
MATTERS FROM ASSISTANT CITY ATTORNEY
MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS
ADJOURNMENT
The Planning Commission will adjourn this meeting to Tuesday, January 10, 2023, at 7:00 p.m.
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Welcome to the Arcadia Planning Commission Meeting!
The Planning Commission encourages public participation, and invites you to share your views on City
business.
MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of
each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all
backup information is available at City Hall, the Arcadia Public Library, and on the City’s website at
www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request
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Arcadia, California.
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may also be afforded an additional opportunity for rebuttal comments.
AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on
the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that
the Planning Commission can be fully informed about a matter before making its decision.
CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning
Commission and may be acted upon by one motion. There will be no separate discussion on these items
unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be
removed from the Consent Calendar and considered and acted on separately.
DECORUM: While members of the public are free to level criticism of City policies and the action(s) or
proposed action(s) of the Planning Commission or its members, members of the public may not engage in
behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that
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meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code
Section 403 or applicable Arcadia Municipal Code section.
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DATE: December 13, 2022
TO: Honorable Chair and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Alison MacCarley, Assistant Planner
SUBJECT: RESOLUTION NO. 2108 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 22-10 TO ALLOW THE OPERATION OF A SECONDHAND
STORE FOR A NON-PROFIT ANIMAL RESCUE ORGANIZATION,
HOMELESS TO FOREVER FOUNDATION, AT 515 N. FIRST AVENUE
Recommendation: Adopt
CEQA: Determined to be Exempt
SUMMARY
The Applicant, Catherine Macias, on behalf of the non-profit animal rescue organization,
Homeless to Forever Foundation, is requesting approval of Conditional Use Permit
Application No. CUP 22-10 for a secondhand store to occupy an existing 621 square foot
unit within a one-story multi-tenant commercial building at 515 N. 1st Avenue. It is
recommended that the Planning Commission adopt Resolution No. 2108 (Attachment No.
1) and find this project Categorically Exempt under CEQA and approve Conditional Use
Permit No. CUP 22-10, subject to the conditions listed in this staff report.
BACKGROUND
The subject property is located on the northwest corner of North 1st Avenue and East
Colorado Boulevard and the unit is approximately square feet in area. The property is
developed within a one-story 4,151 square foot, multi-tenant commercial building which
has a rear parking lot that is accessed from Colorado Boulevard.. The property is zoned
C-G, General Commercial 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 commercial uses to the north and east,
and multifamily residential properties to the south and west – see Figure 1.
The existing building has three units that consists of a liquor store on the corner, a pet
groomer, and a vacant unit that the Applicant would like to occupy. This vacant unit was
previously occupied by a beauty place for eyelash extensions.
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 2 of 9
Figure 1 - Aerial of Subject Site
PROPOSAL
The Applicant is requesting approval of a Conditional Use Permit (CUP) to operate a
secondhand store (dba: Homeless to Forever Foundation) that sells unique antique and
vintage items as well as clothes and other items. Homeless to Forever Foundation is a
nonprofit organization and an animal rescue organization that serves the Southern
California Region. All the profits from this business will help expand their rescue efforts
and provide health/medical care for animals in need. The employees are all volunteers,
and approximately two to three people will volunteer during their business hours. The
proposed business hours will be from 4:00 p.m. to 8:00 p.m. on Fridays, and from 10:00
a.m. to 5:00 p.m. on Saturdays and Sundays. They might expand their business hours
depending on the volunteer’s availability and business productivity.
The proposed floor plan consists of a main room for merchandise sales and a gender-
neutral restroom (see Figure 2). No interior or exterior changes are being proposed.
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 3 of 9
Figure 2 – Proposed Floor Plan
In terms of donations, the volunteers will collect them from other volunteers and families.
They will not have any donation boxes on the premises and nor will they accept any
donations from the public.
In 2018, the City Council approved a Microenterprise Fee Assistance program that allows
the City to reduce the planning fees up to 100% for independently owned and small
businesses with 10 or less employees. The goal of the program was to reduce barriers
for opening and expanding small businesses in Arcadia. The Applicant was able to take
advantage of this program, and the fee for this application was entirely waived.
ANALYSIS
The Arcadia Development Code allows secondhand stores in the C-G zone, subject to a
Conditional Use Permit. The proposed secondhand store would be located in a multi-
tenant building with two other businesses, an existing liquor store and pet groomer. The
subject unit is only 621 square feet and given the nature of the business, the limited
business hours, and it is a relatively small business, the proposed use would not create
an adverse impact on the adjacent tenants.
The retail activity will allow residents an opportunity to purchase unique vintage and
antique items that may not be found elsewhere and a new shopping experience beyond
the typical big box store or what can be typically found in the regional shopping center.
The proposed business is at the topmost corner of the commercial downtown corridor
where the City seeks to expand commercial activity and promote small businesses in this
corridor per the General Plan goals and policies. In addition, due to the secondhand
nature of the store where there may be a wide variety of products at different price points,
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 4 of 9
the store will also allow residents to enjoy an unique shopping experience. There are
currently four (4) other thrift/secondhand stores in the City, and this one is smallest one
compared to all of them.
The store will not have a donation box nor accept donations during the operating hours
of the store. This will limit any potential impacts associated with secondhand stores such
as loitering, scavenging, and illegal dumping. The store will not accept any donations
received as they wish to maintain high quality and curated vintage and antique items
rather than just used, utility items more commonly associated with other thrift stores.
Parking
The proposed secondhand store is taking over a vacant tenant space that was previously
occupied beauty and lash salon. The parking is provided on an adjacent site where there
are currently nine (9) parking spaces available for all of the tenants, and there is no issue
with parking since the proposed use has the same parking requirement as the previous
use, which is 1 parking space per 200 square feet of gross floor area, a total of three (3)
parking spaces. Thus, the change in business will not impact parking as the new business
does not require more parking spaces than the previous use or what the Code requires.
FINDINGS
Section 9107.09.050(B) of the Development 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: The proposed secondhand store will be consistent
with the Arcadia General Plan and the commercial general zone which allows for a
wide-range of commercial uses which serve both neighborhood and citywide markets.
The Commercial General designation allows a broad array of commercial uses,
including retail uses such as secondhand stores. The proposed use will occupy a
vacant commercial unit and is a use that is complementary to the nearby commercial
corridor and downtown corridor by providing additional retail opportunities to residents.
The use is consistent with the General Plan, as well as the following General Plan
goal and policy:
Land Use and Community Design Element
x 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 comply with all other applicable provisions of
the Development Code and the Municipal Code.
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 5 of 9
Facts to Support This Finding: The site is zoned C-G, General Commercial. Arcadia
Development Code Section 9102.03.020, Table 2-8, allows secondhand stores in the
C-G zone subject to the review and approval of a Conditional Use Permit. The use will
be consistent with the intended commercial use of the property and will inhabit an
existing unit that has been vacant for over a year. The store will not change the
characteristics of the surrounding neighborhood or other businesses that are typically
found in a commercial zone since the secondhand store is relatively small in size and
they are limiting their hours of operation to three days a week. The business will not
be accepting any donation on-site. Therefore, the proposed project complies with all
other applicable provisions of the Arcadia Development Code and the Arcadia
Municipal Code. 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 proposed secondhand store will occupy a 621
square foot unit within an existing one-story multi-unit commercial building. No exterior
changes nor tenant improvement is required to accommodate the use. The proposed
use will be compatible with the existing commercial uses as it will have similar
operational characteristics to other retail businesses along either Colorado Boulevard
and First Avenue and with the other businesses on the property. There will be no drop
off donations nor any donation boxes allowed at the premise which will limit potential
negative impacts such as illegal dumping or scavenging at the site. The secondhand
store will be compatible with the various commercial uses that exist on the property.
The proposed use will not require more parking than the previous use, therefore, there
is adequate parking on the property to accommodate the proposed use and the
existing uses. Therefore, the proposed use will be compatible with the existing and
future land uses in the vicinity. .
3. 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 site is physically suitable to accommodate
the proposed secondhand store. The use will occupy a unit within an existing multi-
tenant commercial building on the subject site. The site is adjacent to a surface
parking lot that will provide parking for the proposed business. The existing parking
is sufficient to meet the needs of all existing and proposed commercial uses. No
exterior improvements are required for the secondhand store. Therefore, the
proposed use is suitable for this site.
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 North
First Avenue and East Colorado Boulevard and has access from either East
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 6 of 9
Colorado Boulevard or North 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 unit is located within an existing
commercial building, which is adequately serviced by existing utilities. The request
includes neither new construction, nor will be operated in a manner that will impact
the provision of utilities. Therefore, no impacts to the provision of utilities are
anticipated.
4. 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: The proposed secondhand store will not be
detrimental to the public health or welfare, or to the surrounding properties. The
size and nature of the operation of the use will not negatively affect the existing
uses in the surrounding properties.
ENVIRONMENTAL IMPACT
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 for the use of an existing facility (refer to Attachment No.
4).
PUBLIC COMMENTS/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 the Arcadia Weekly on
November 28, 2022. As of December 13, 2022, staff did not receive any public comments
on this project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2108 approving
Conditional Use Permit No. CUP 22-10 for a new secondhand store and find that the
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 7 of 9
project is Categorically Exempt under the California Environmental Quality Act (CEQA),
subject to the following conditions of approval:
1. The use approved by Conditional Use Permit No. CUP 22-10 is limited to a
secondhand store for Homeless to Forever Foundation Animal Rescue
Organization, non-profit organization and it shall be operated and maintained in a
manner that is consistent with the approved plans and may be subject to periodic
inspections to ensure that the business is operated per the approval. This use shall
terminate when the business closes. Any new secondhand store that is operated
by a different business owner shall be subject to a new Conditional Use Permit.
2. There shall be no on-site donations or donation box allowed on site or within the
parking lot for this property.
3. Any changes to the hours of operation and/or days shall be subject to review and
approval by the Planning & Community Development Administrator, or designee.
4. 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.
5. 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.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 22-
10 shall be grounds for immediate suspension or revocation of any approvals,
which could result in termination of the business.
7. To the maximum extent permitted by law, Property Owner/Applicant shall 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 22-10 (“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
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 8 of 9
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 notify the Property Owner/Applicant of the claim,
action, or proceedings and will cooperate in the defense of the matter. 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. The parties hereby agree to cooperate
in defending such action. The City will not voluntarily assist in any 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.
8. Approval of CUP 22-10 shall not be in effect unless the Property Owner and
Applicant have executed and filed the Acceptance Form with the City on or before
30 calendar days after the Planning Commission has adopted the Resolution. The
Acceptance Form to the Development Services Department is to indicate
awareness and acceptance of the conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve Conditional Use Permit Application No. CUP 22-10, stating
that the proposal satisfies the requisite findings, and adopting the attached Resolution
No. 2108 that incorporates the requisite environmental and Conditional Use Permit
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Resolution No. 2108 - CUP 22-10
December 13, 2022
Page 9 of 9
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
approve a motion to deny Conditional Use Permit Application No. CUP 22-10, stating that
the finding(s) of 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 December 13, 2022, hearing, please contact Assistant
Planner, Alison MacCarley at (626) 574-5447, or by email at
Amaccarley@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2108
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
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Attachment No. 1
Attachment No. 1
Resolution No. 20
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1
RESOLUTION NO. 2108
RESOLUTION NO. 2108 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 22-10 TO ALLOW THE OPERATION OF A SECONDHAND
STORE FOR A NON-PROFIT ANIMAL RESCUE ORGANIZATION,
HOMELESS TO FOREVER FOUNDATION, AT 515 N. FIRST AVENUE
WHEREAS, on October 6, 2022, an application for Conditional Use Permit No.
CUP 22-10 was filed by the business owner, Catherine Macias, on behalf of the non-profit
animal rescue organization Homeless to Forever Foundation (“Applicant”) to allow the for
the operation of a secondhand store within the multi-tenant commercial building at 515
N. First Avenue (“Project”); 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 December 13, 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 28, 2022, are true and correct.
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.
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1. The proposed use is consistent with the General Plan and any applicable specific
plan.
FACT: The proposed secondhand store will be consistent with the Arcadia General
Plan and the commercial general zone which allows for a wide-range of commercial uses
which serve both neighborhood and citywide markets. The Commercial General
designation allows a broad array of commercial uses, including retail uses such as
secondhand stores. The proposed use will occupy a vacant commercial unit and is a use
that is complementary to the nearby commercial corridor and downtown corridor by
providing additional retail opportunities to residents. The use is consistent with the
General Plan, as well as the following General Plan goal and 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 site is zoned C-G, General Commercial. Arcadia Development Code
Section 9102.03.020, Table 2-8, allows secondhand stores in the C-G zone subject to the
review and approval of a Conditional Use Permit. The use will be consistent with the
intended commercial use of the property and will inhabit an existing unit that has been
vacant for over a year. The store will not change the characteristics of the surrounding
neighborhood or other businesses that are typically found in a commercial zone since the
15
3
secondhand store is relatively small in size and they are limiting their hours of operation
to three days a week. The business will not be accepting any donation on-site. Therefore,
the proposed Project complies with all other applicable provisions of the Arcadia
Development Code and the Arcadia 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 proposed secondhand store will occupy a 621 square foot unit within
an existing one-story multi-unit commercial building. No exterior changes or tenant
improvement is required to accommodate the use. The proposed use will be compatible
with the existing commercial uses as it will have similar operational characteristics to other
retail businesses along either East Colorado Boulevard or North First Avenue and to the
other businesses on the property. There will be no drop off donations nor any donation
boxes allowed at the premises which will limit potential negative impacts such as illegal
dumping or scavenging at the site. The secondhand store will be compatible with the
various commercial uses that exist on the property. The proposed use will not require
more parking than the previous use, therefore, there is adequate parking on the property
to accommodate the proposed use and the existing uses. Therefore, the proposed use will
be 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.
16
4
FACT: The site is physically suitable to accommodate the proposed
secondhand store. The use will occupy a unit within an existing multi-tenant commercial
building on the subject site. The site is adjacent to a surface parking lot that will provide
parking for the proposed business. The existing parking is sufficient to meet the needs of
all existing and proposed commercial uses. No exterior improvements are required for the
secondhand store. Therefore, the proposed use is suitable for this site.
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 North First Avenue and East
Colorado Boulevard and has access from either East Colorado Boulevard or North 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 unit is located within an existing commercial building, which
is adequately serviced by existing utilities. The request includes neither new construction,
nor will be operated in a manner that will impact the provision of utilities. Therefore, no
impacts to the provision of utilities are anticipated.
17
5
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: The proposed secondhand store will not be detrimental to the public health
or welfare, or to the surrounding properties. The size and nature of the operation of the
use will not negatively affect the existing uses in the surrounding properties.
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 proposed secondhand store is Categorically Exempt per Class 1, Section 15301 (a)
of the California Environmental Quality Act (CEQA) Guidelines and approves Conditional
Use Permit No. CUP 22-10 to allow the operation of a secondhand store for a non-profit
animal rescue organization, Homeless to Forever Foundation, at 515 N. First Avenue.,
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 13th day of December 2022.
18
6
______________________
Brad Thompson
Chair, Planning Commission
ATTEST:
______________________
Lisa L. Flores
Secretary
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
for
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7
Page Internationally Left Blank
20
8
RESOLUTION NO. 2108
Conditions of Approval
It is recommended that the Planning Commission adopt Resolution No. 2108 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve Conditional Use Permit No. CUP 22-10 subject to the following
conditions of approval:
1. The use approved by Conditional Use Permit No. CUP 22-10 is limited to a
secondhand store for Homeless to Forever Foundation Animal Rescue
Organization, non-profit organization and it shall be operated and maintained in a
manner that is consistent with the approved plans and may be subject to periodic
inspections to ensure that the business is operated per the approval. This use shall
terminate when the business closes. Any new secondhand store that is operated
by a different business owner shall be subject to a new Conditional Use Permit.
2. There shall be no on-site donations or donation box allowed on site or within the
parking lot for this property.
3. Any changes to the hours of operation and/or days shall be subject to review and
approval by the Planning & Community Development Administrator, or designee.
4. 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.
5. 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.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 22-
10 shall be grounds for immediate suspension or revocation of any approvals,
which could result in termination of the business.
7. To the maximum extent permitted by law, Property Owner/Applicant shall 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
21
9
connection with Conditional Use Permit No. CUP 22-10 (“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 notify the Property Owner/Applicant of the claim,
action, or proceedings and will cooperate in the defense of the matter. 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. The parties hereby agree to cooperate
in defending such action. The City will not voluntarily assist in any 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.
8. Approval of CUP 22-10 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.
----
22
Attachment No. 2
Attachment No. 2
Aerial Photo Zoning Information
Photos of the Subject Property
23
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
1948
4,151
0
Property Owner
Site Address:511 N 1ST AVE
Parcel Number: 5773-001-035
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 28-Nov-2022
Page 1 of 1 24
Attachment No. 3
Attachment No. 3
$UFKLWHFWXUDO3ODQV
25
26
Attachment No.
Attachment No.
Preliminary Exemption Assessment
27
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 operation of a secondhand store at 515
N. First Avenue
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):
515 N. First Avenue. – The business is located along at the
north-west corner of Colorado Blvd. and N. First Ave.
3.Entity or person undertaking
project:
A.
B.Other
(Private)
(1)Name Catherine Macias
(2)Address 515 N. First Ave, Arcadia, CA 91006
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 – 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: November 28, 2022 Staff: Alison MacCarley, Planning Assistant
28
DATE: December 13, 2022
TO: Honorable Chair and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Edwin Arreola, Associate Planner
SUBJECT: RESOLUTION NO. 2109 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 21-06 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 21-
21 FOR THE REPLACEMENT OF TWO EXISTING CANOPIES WITH ONE
LARGE CANOPY, 16 FUEL DISPENSERS, AND A NEW CONVENIENCE
STORE FOR CONSERV FUEL AT 701 W. HUNTINGTON DRIVE
Recommendation: Adopt
CEQA: Determine to be Exempt
SUMMARY
The Applicant, Ben Steckler of Fielder Group, on behalf of the property owner, Moller
Retail, Inc., is requesting approval of Conditional Use Permit No. CUP 21-06 and
Architectural Design Review No. ADR 21-21 to replace two existing canopies and 16 fuel
dispensers with one large canopy that will cover 16 new fuel dispensers, and demolish
an existing 1,568 square foot convenience store/service bay building for a new 3,120
square foot, one-story convenience store (dba: Conserv Fuel) at 701 W. Huntington Drive.
It is recommended that the Planning Commission adopt Resolution No. 2109 (Attachment
No. 1) and find that the project is Categorically Exempt under CEQA and approve
Conditional Use Permit No. CUP No. 21-06 and Architectural Design Review No. ADR
21-21, subject to the conditions listed in this staff report.
BACKGROUND
The project site is 33,893 square feet and is located on the northwest corner of W.
Huntington Drive and Baldwin Avenue. Currently, the existing service station is developed
with two canopies, eight (8) fuel dispensers under each canopy totaling 16 fuel
dispensers, and a 1,568 square foot, one-story convenience store with service bays at
the rear of building that was built in 1967. The site is zoned C-O, Professional Office, and
has 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 site is
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 2 of 15
Figure 1 - Aerial of Subject Site
surrounded by medical office uses to the west which are zoned C-O, a financial institution
use to the south (Chase Bank) which is zoned C-G, General Commercial, the City’s Fire
Department site to the east zoned PF, Public Facilities, and multi-family residences to the
north which are zoned R-3-R, Restricted High Density Residential (see Figure 1).
PROPOSAL
The proposed development is to redevelop the site by demolishing all the existing
structures and construct a new 7,308 square foot canopy with 16 new fuel dispensers
underneath it and a new 3,120 square foot, one-story convenience store. The total floor
area ratio for the site will be 9.2% with a maximum of 50% allowed in the C-O zone. The
proposed canopy will be constructed over the current location of the convenience
store/service bay building and the proposed convenience store will be pushed further
north on the subject property – refer to Attachment No. 3 for the Architectural Plans and
Figure 2 below.
The design of the proposed convenience store will be a Mid-Century Modern style and
will be 24’-0” tall at the highest roof ridge and the canopy will be 19’-6” high. The interior
of the convenience store will consist of retail space, restrooms, storage area, and an
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 3 of 15
Figure 2 - Project Site Plan
office. Pedestrian access to the convenience store will be provided directly off N. Baldwin
Avenue and vehicular access will be provided off both W. Huntington Drive and N.
Baldwin Avenue (see Figure 2).
A Conditional Use Permit is being applied for to bring the existing use of service station
into conformance with the current Development Code. As it exists, the service station use
has been functioning as a legal non-conforming use, meaning the use was approved
31
Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 4 of 15
legally without a Conditional Use Permit but once the property owner demolishes the
existing structures, the entire site must be brought up into compliance with the current
code, including all the proper entitlements for it.
The Applicant requests that fuel sales be open for 24 hours, which is typical of most
service stations. The Applicant would like to have the convenience store also open for 24
hours, however Staff is recommending that the hours should be limited from 5:30 AM to
midnight, seven days a week due to the close proximity to residentials. In addition to these
general uses, the business will offer air and water service for vehicles, a propane
exchange program, and electric vehicle charging units. The maximum number of
employees at any given time will be three which include one manager and two customer
service associates.
ANALYSIS
The project site is zoned C-O, which allows service stations subject to the approval of a
Conditional Use Permit. The purpose of the Conditional Use Permit is to ensure
compatibility with the surrounding uses and to ensure that the proposed business is an
appropriate use for the property. Retail uses, such as the proposed convenience store,
are permitted in conjunction with service stations as an ancillary use. Currently, the
service station is a legal non-conforming service station, which was allowed by-right under
the old zoning regulations in the 1960’s when the site was established. Under the current
code, the use requires a Conditional Use Permit for the site to be reconstructed and to
allow the existing use to continue. The proposed service station will have the same
amount of fuel dispensers as the existing business and will only be updating the
configuration of those dispensers under a new larger, single canopy. Additionally, the size
of the convenience store will be increased and moved further north on the property. The
orientation of the convenience store will face away from the residential uses to the north
and provide a buffer between those properties and the fuel dispenser area. This is an
improvement to the site’s layout because the fuel dispensers and parking areas are
currently visible to those properties. Since this is a compatible continuation of the use, the
service station will still be compatible with the surrounding uses.
The business hours of the proposed use are subject to review under this Conditional Use
Permit. The hours for fuel sales at a service station are typically 24 hours due to the ability
to pay for fuel at the fuel dispenser with credit card. However, the convenience store hours
will be limited due to the proximity of residential uses to the north and northwest of the
site and the hours will be typical of many service stations which allow 24-hour fuel and
close the convenience store for late night hours. The permitted convenience store hours
will be from 5:30 AM to 12:00 AM, seven days a week. Additionally, since the business
abuts residential properties, the Development Code limits any delivery hours between
7:00 AM to 10:00 PM.
Parking for the proposed business is required at a ratio of one (1) parking space per 200
square feet of office and retail space on site. Based off the size of 3,120 square feet for
the convenience store, a total of 16 parking spaces are required, which are provided on
the site plan. This includes one accessible parking space and at least one electric vehicle
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 5 of 15
Figure 3 - Front Elevation of Convenience Store
charging space. Additionally, the project will provide two bicycle parking spaces in front
of the convenience store, as required per the Development Code. Since the property is
within 100 feet of residential properties, the parking lot lighting will be limited to 15 feet in
height and will need to comply with the Development Code regulations for parking lot
lighting, which includes providing hoods on the light fixtures and arranging the lighting to
reflect away from the adjoining properties and streets to prevent any potential light and
glare. Therefore, the proposed project complies with all the requirements.
In terms of the design, the Applicant first proposed a Spanish architectural style which
consisted of neutral tone stucco with stone veneer and ceramic roof tile. Staff, however,
felt that the architectural style did not fit in with the existing buildings in the vicinity and
proposed the Applicant provide a more timeless design for the prominent street corner.
To assist in the redesign, Staff had the City’s architectural design consultant, Onyx
Architects, provide feedback in terms of a more appropriate architectural style for the
convenience store. Onyx proposed that the building be more aligned to the surrounding
low-slung Mid-Century style buildings and made suggestions which included
reconfiguring the stone veneer and providing wood siding, an exposed beam at the gable
roof, and a low-pitched mansard roof configuration which would hide the mechanical
equipment, offer a more horizontal design, and mimic the surrounding buildings. The
proposed Mid-Century architectural style was executed with an array of exterior finishes
consisting of plaster stucco, shiplap siding, stone veneer, stone cap, and decorative metal
elements (see Figure 3). A balanced colors and materials palette was proposed to provide
neutral colors and accent finishes. On the east elevation which fronts Baldwin Avenue, a
metal landscape trellis will be attached to the wall which will allow climbing vines and,
along with the landscaping, will create visual interest to vehicular and pedestrian traffic
along the busy corridor. The proposed overall design is consistent with the City’s Design
Guidelines and is compatible with the surrounding area. Staff has worked with the
Applicant’s designer on several design iterations to achieve consistency with the City’s
Design Guidelines and compatibility with the surrounding neighborhood as well as the
existing streetscape. This portion of N. Baldwin Avenue consists of many single-story,
multi-family buildings in similar Mid-Century architectural styles. The proposed
convenience store was designed to continue that architectural design to the corner of
Baldwin Avenue and Huntington Drive.
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 6 of 15
The C-O zone allows a maximum building height of 40 feet and the proposed
development will be in compliance with a proposed height of 24’-0” for the convenience
store and 19’-6” for the canopy. The project will also comply with the additional
development standards of the C-O zone, including but not limited to the setbacks, floor
area ratio, landscaping, and bicycle parking.
FINDINGS
Conditional Use Permit
Section 9107.09.050(B) of the Development Code requires that the Planning Commission
may approve a Conditional Use Permit if all of the following findings can be made:
1. The proposed use is consistent with the General Plan and any applicable
specific plan and 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 proposed service station will be consistent
with the Arcadia General Plan which allows for a wide-range of commercial uses
that serve both neighborhood and citywide markets. The site is zoned C-O
(Professional Office) which under Development Code Section 9102.03.020, Table
2-8, allows service stations, subject to the review and approval of a Conditional
Use Permit. The proposed business will comply with all other applicable provisions
of the Development Code and the Municipal Code. The use will be consistent with
the intended commercial use of the property and will be required to comply with all
other State or County safety requirements. The proposed use will remain as a
service station. Therefore, approval of the service station will not adversely affect
the comprehensive General Plan, and it is consistent with the following General
Plan policy:
Land Use and Community Design Element
x Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the City’s land use and compatible with surrounding existing
uses.
x 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 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 proposed business will occupy a site that
has been used as a service station since 1967. The proposed operating
34
Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 7 of 15
characteristics will be similar to the existing use on site. Additionally, the site is
being improved and reconfigured to make better use of the site and the proposed
uses. The service station will offer 16 fuel dispensers and a convenience store for
customers, in which all operations are to be contained on site. The proposed
business will meet the minimum required parking and will continue being
compatible with the existing uses in the vicinity. Therefore, the proposed service
station use will be consistent with the existing and future land uses in the vicinity.
3. 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, site improvements,
loading, and parking.
Facts to Support This Finding: The service station will consist of a large
canopy with 16 fuel dispensers and a 3,120 square foot convenience store.
The site is physically suitable to accommodate the proposed use and
structures since the amount of fuel dispensers is the same amount as there
are currently on-site and the convenience store will have the minimum
required amount of parking spaces on site, including accessible parking.
Additionally, the new construction is meeting all of the requirements in the
Development Code in regard to landscaping, parking area, walls, and other
features. Service stations are typically located on busy corridors or
intersections in order to provide fuel to commuters, such as at the subject
site. Therefore, the service station with a convenience store is suitable for
the proposed use in terms of its design, location, shape, size, and operating
characteristics.
b. Streets and highways adequate to accommodate public and
emergency vehicle (e.g., fire and medical) access.
Facts to Support This Finding: The site is located on the northwest corner
of W. Huntington Drive and Baldwin Avenue. The site has access off both
major thoroughfares. These streets are adequate in width and pavement
type to carry emergency vehicles and traffic generated by the proposed use
and existing uses on the site. 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 Fire and Police Department have
reviewed the application and determined that no additional improvements
are needed to provide adequate protection services to the subject site.
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 8 of 15
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: As part of the development, new utility
connections, including connections for potable water, sewer, and storm
drainage, will be required. Implementation of best management practices
during construction and operation would ensure impacts to water quality do
not occur. The site can be adequately served by all required utilities through
interconnection with existing utilities within City right-of-way along W.
Huntington Drive and Baldwin Avenue.
4. 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: The proposed business will provide a commercial
service to the general public in compliance with and pursuant to the Arcadia
Development Code and Arcadia Municipal Code standards. The proposed use will
not be detrimental to the public health or welfare, or the surrounding properties, as
the site is currently being used as a legal non-conforming service station and is
located on a commercial corridor with a diverse type of businesses that serve the
surrounding communities. The size and nature of the proposed use will be
compatible with the other existing uses in the vicinity and is not expected to affect
the property or uses in the vicinity since it will generally be the same use that is
currently existing on site, meets the required parking, and will be designed to be
oriented away from the residential uses to the north of the property. Therefore, the
site is suitable for the proposed use and is not expected to adversely affect the
public convenience, safety, or general welfare.
Service/Fueling Stations
Section 9104.02.280(B.1.) of the Development Code requires that the Planning
Commission may permit a service/fueling station if all of the following findings can be
made:
a. The proposed use complies with all requirements set forth for the issuance
of a Conditional Use Permit.
Facts to Support This Finding: The findings for a Conditional Use Permit for the
proposed service station have all been made. The proposed use is consistent with
the Commercial General Plan land use designation of this site and meets all the
requirements of the Development Code and Municipal Code. The proposed use
will be compatible with the land uses in the vicinity and the site is physically suitable
36
Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 9 of 15
for the proposed use. Additionally, the service station will not adversely affect the
public or constitute a nuisance.
b. The proposed use will not substantially increase vehicular traffic on any
street in a residential zone.
Facts to Support This Finding: The Project site is currently used as a service
station with 16 fuel dispensers and a convenience store. The proposed use will not
increase the amount of available fuel dispensers, as it also will consist of 16 fuel
dispensers, and the new convenience store will not be substantially increased in
size. The site will be accessed off of two primary thoroughfares in the City, W.
Huntington Drive and Baldwin Avenue, which are not residential streets. Therefore,
the Project is not expected to substantially increase vehicular traffic on any street
in a residential zone than the current use of the site.
c. The proposed use will not lessen the suitability of any nearby commercially
zoned property for commercial use by interfering with pedestrian traffic.
Facts to Support This Finding: The proposed development intends to update the
facilities and layout of the existing service station. As part of the development, the
two driveway aprons closest to the street intersection will be removed and will not
interfere with pedestrian traffic in the public right-of-way. Additionally, sidewalk
improvements will be required as part of this Project. The suitability of all nearby
commercially zoned properties will remain without additional interferences to
pedestrian traffic.
d. The proposed use will not create increased traffic hazards to pedestrians
when located near a school, place of religious assembly, auditorium, theater,
or other place of assembly.
Facts to Support This Finding: The proposed service station is located on the
corner of two major thoroughfares, W. Huntington Drive and Baldwin Avenue,
which primarily consist of commercial and multi-family residential uses within the
vicinity of the site. No schools, places of religious assembly, auditoriums, theaters,
or other places of assembly are located within the vicinity of the site and, therefore,
no increased traffic hazards will be created for those uses as a result of this
proposed use.
Architectural Design Review
The proposed commercial development is consistent with the City’s Design Guidelines
and all the applicable findings under Site Plan and Design Review can be made since the
proposed mass, scale, and design are compatible with the existing developments along
this portion of Baldwin Avenue and W. Huntington Drive. The proposed Mid-Century
architectural style incorporates a variety of finishes and materials plaster stucco, shiplap
siding, stone veneer, stone cap, and decorative metal elements, which provide visual
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 10 of 15
interest along Baldwin Avenue and at this prominent intersection. The project has been
designed in a manner to maintain compatibility with the surrounding neighborhood and
existing streetscape. This portion of N. Baldwin Avenue consists of many single-story,
multi-family buildings in similar Mid-Century architectural styles. The proposed
convenience store was designed to continue that architectural design to the corner of
Baldwin Avenue and Huntington Drive.
The Project is in compliance with the Development Code and all other applicable City
regulations and policies. The Project is also consistent with the General Plan land use
designation of Commercial for the property which allows for a wide-range of commercial
uses that serve both neighborhood and citywide markets. Additionally, the site layout of
the service station is being reconfigured from the existing layout to more efficiently provide
a buffer between the residential properties to the north and the commercial activity on site
and also provide efficient access, vehicular circulation, parking, and landscaping on the
property. Since this is a compatible continuation of the use, the service station will still be
compatible with the surrounding uses. Therefore, the design of the proposed
development is consistent with the City’s Design Guidelines and all the applicable findings
under Site Plan and Design Review.
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.
ENVIRONMENTAL ASSESSMENT
It has been determined that the project site is less than five (5) acres; the project site has
no value as a habitat for endangered, rare or threatened species; the proposed project
will not have any significant effects upon the environment, and the site can be adequately
served by all the required utilities and public services. The site was listed on the
hazardous material database, however the site has been cleaned-up and the case was
closed in 1993. Therefore, the project is exempt under Class 32 (In-Fill Development
Projects) pursuant to Section 15332 of the CEQA Guidelines (refer to Attachment No. 4).
PUBLIC COMMENTS/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 the Arcadia Weekly on
December 1, 2022. As of December 9, 2022, staff did not receive any public comments
on this project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2109 approving
Conditional Use Permit No. CUP 21-06 and ADR 21-21 for the replacement of two existing
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 11 of 15
canopies and 16 fuel dispensers with one large canopy and 16 new fuel dispensers and
for the demolition of an existing convenience store and service bay building and
construction of a new convenience store and find that the project is Categorically Exempt
under the California Environmental Quality Act (CEQA), subject to the following conditions
of approval:
1. The use approved by CUP 21-06 shall be limited to a service station with 16 fuel
dispensers and an ancillary convenience store, and it shall be operated and
maintained in a manner that is consistent with the approved plans and may be
subject to periodic inspections to ensure that the business is operated per the
approval. Alcohol sales are not permitted under this approval. Any changes to the
operations shall be subject to review and approval of the Planning Commission.
2. The operating hours shall be limited to 5:30 AM to 12:00 AM, seven days a week.
Any changes to the hours of operation shall be subject to review and approval by
the Planning Commission.
3. The project shall be developed and maintained by the Applicant/Property Owner
in a manner that is consistent with the plans submitted and conditionally approved
for CUP No. 21-06 and ADR 21-21, subject to the satisfaction of the Planning &
Community Development Administrator or designee.
4. All deliveries shall be limited between the hours of 7:00 AM and 10:00 PM. The
operator of the business shall ensure that loitering does not occur around the
entryways of the convenience store or in the parking areas.
5. The parking lot lighting shall be limited to 15 feet in height and shall comply with
the Development Code regulations for Parking Lot Lighting. The lighting shall be
hooded and arranged to reflect away from the adjoining properties and streets.
6. The plans submitted for plan check in Building Services 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. Prior to issuance of a Certificate of Occupancy, the existing ADA ramp on the
corner of W. Huntington Drive and N. Baldwin Avenue shall be replaced with the
most current standard per the Engineering Division. Any portion of the ADA ramp
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 12 of 15
that is not within the public right-of-way shall be dedicated to the City of Arcadia.
This shall be subject to review and approval by the City Engineer or designee.
8. The existing curb, gutter, and sidewalk shall be replaced from property line to
property line. The sidewalk shall be installed for the full public parkway except for
tree wells. Existing tree wells shall be expanded where possible and maintained
with a minimum 4’-0” wide sidewalk around the tree wells. The changes shall be
subject to review and approval by the City Engineer.
9. Install electrical conduit infrastructure for up to a maximum of four future pedestrian
lights along Baldwin Avenue. The exact number and placement of infrastructure
will be determined during plan check.
10. Install one pedestrian light next to the bus stop on W. Huntington Drive. The exact
location of the pedestrian light will be determined during plan check.
11. Street trees are required to be planted on both parkway frontages, subject to
review and approval by the Streets Superintendent from Public Works Services
Department. The new street trees must be planted prior to issuance of a Certificate
of Occupancy.
12. The driveway approaches that serve the subject property shall be replaced and
brought into compliance with the City’s current standards for driveway approaches.
A permit is required by Engineering Services.
13. Any damages to the asphalt street frontages, from property line to property line,
that was caused by the development shall be repaired. This shall be left to the
discretion of the City Engineer and Street Superintendent, and it must be
completed prior to issuance of a Certificate of Occupancy or within a timeframe
agreed upon by the City.
14. The proposed development is required to comply with Low Impact Development
(LID) and provide permanent treatment of the stormwater runoff and a SWPPP for
the stormwater runoff during construction. The LID plan may include infiltration
trenches, bioretention planter boxes, roof drains connected to a landscaped area,
pervious concrete/paver, etc.
15. An automatic fire sprinkler system shall be installed within the convenience store
and it shall be monitored by a UL listed central station per the City of Arcadia Fire
Department.
16. A knox box shall be provided adjacent to the main entrance of the convenience
store.
17. The Applicant/Property Owner shall provide calculations to determine the
maximum commercial demand and maximum fire demand in order to verify the
required water service size required.
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 13 of 15
18. A separate landscape water meter is required for common area landscape
irrigation. The backflow preventer on the common area irrigation shall be of a
Reduced Pressure Backflow Assembly, as required by the Public Works Services
Department.
19. Separate commercial water service shall be provided by a common master meter
installed within the public right-of-way. An approved Reduce Pressure Backflow
Assembly shall be installed for meter services protection and approved by the
Public Works Services Department.
20. A Water Meter Permit Application shall be submitted to the Public Works
Department for review and approval prior to permit issuance. New water service
installations shall be installed by the Applicant/Property Owner. Abandonment of
existing water services, if necessary, shall be carried out by the Property
Owner/Applicant.
21. If connecting to a City sewer main, the Applicant/Property Owner shall utilize
existing sewer lateral(s), if any.
22. 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 subject to building permits.
23. Noncompliance with the plans, provisions and conditions of approval for CUP 21-
06 and ADR 21-21 shall be grounds for immediate suspension or revocation of any
approvals, which could result in termination of this CUP.
24. To the maximum extent permitted by law, the Applicant shall defend, indemnify,
and hold the 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
Conditional Use Permit No. CUP 21-06 and Architectural Design Review No. ADR
21-21 (“Project”) on the Project site, and which may arise from the direct or
indirect 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 all damages and claims, actions, or proceedings for damages, as
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 14 of 15
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 notify the Applicant of the claim, action, or
proceedings and will cooperate in the defense of the matter. 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. The parties hereby agree to cooperate
in defending such action. 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.
25. Approval of CUP 21-06 and ADR 21-21 shall not be in effect unless the Property
Owner and Applicant have executed and filed the Acceptance Form with the City
on or before 30 calendar days after the Planning Commission has adopted the
Resolution. The Acceptance Form to the Development Services Department is to
indicate awareness and acceptance of the conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve Conditional Use Permit No. CUP 21-06 and Architectural
Design Review No. ADR 21-21, stating that the proposal satisfies the requisite findings,
and adopting the attached Resolution No. 2109 that incorporates the requisite
environmental, Conditional Use Permit, and Site Plan and Design Review 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
approve a motion to deny Conditional Use Permit No. CUP 21-06 and Architectural
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Resolution No. 2109 – CUP 21-06 & ADR 21-21
December 13, 2022
Page 15 of 15
Design Review No. ADR 21-21, stating that the finding(s) of 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 December 13, 2022, hearing, please contact Associate
Planner, Edwin Arreola, at (626) 821-4334, or by email at earreola@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2109
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
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Attachment No. 1
Attachment No. 1
Resolution No. 2
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RESOLUTION NO. 2109
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 21-06 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 21-21
FOR THE REPLACEMENT OF TWO EXISTING CANOPIES WITH ONE
LARGE CANOPY, 16 FUEL DISPENSERS, AND A NEW CONVENIENCE
STORE FOR CONSERV FUEL AT 701 W. HUNTINGTON DRIVE
WHEREAS, on October 21, 2021, Conditional Use Permit No. CUP 21-06 and
Architectural Design Review No. ADR 21-21 applications, collectively referred to as the
“Project,” were filed by the Applicant, Ben Steckler of Fielder Group, on behalf of the
Property Owner, Moller Retail, Inc., to replace two existing canopies and 16 fuel
dispensers with one large canopy that will cover 16 new fuel dispensers, and demolish
an existing 1,568 square foot convenience store/service bay building for a new 3,120
square foot, one-story convenience store at 701 W. Huntington Drive; and
WHEREAS, on November 10, 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 the Project is exempt under CEQA per Section 15332 of the CEQA Guidelines
because the Project is considered an in-fill development project; and
WHEREAS, on December 13, 2022, a duly noticed public hearing was held before
the Planning Commission on said Project, 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 December 13, 2022, are true and correct.
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SECTION 2. This Commission finds that based upon the entire record, pursuant
to Sections 9107.09.050, 9104.02.280, & 9107.19.040 of the Development Code, all of the
following findings can be made:
Conditional Use Permit
1. The proposed use is consistent with the General Plan and any applicable
specific plan and 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 Project will be consistent with the Arcadia General Plan which allows
for a wide-range of commercial uses that serve both neighborhood and citywide markets.
The site is zoned C-O (Professional Office) which under Development Code Section
9102.03.020, Table 2-8, allows service stations, subject to the review and approval of a
Conditional Use Permit. The Project will comply with all other applicable provisions of the
Development Code and the Municipal Code. The use will be consistent with the intended
commercial use of the property and will be required to comply with all other State or
County safety requirements. The proposed use will remain as a service station.
Therefore, approval of the Project will not adversely affect the comprehensive General
Plan, and it is consistent with the following General Plan policies:
Land Use and Community Design Element
• Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the City’s land use and compatible with surrounding existing
uses.
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• 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 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 occupy a site that has been used as a service station since
1967. The proposed operating characteristics will be similar to the existing use on site.
Additionally, the site is being improved and reconfigured to make better use of the site and
the proposed uses. The Project will offer 16 fuel dispensers and a convenience store for
customers, in which all operations are to be contained on site. The Project will meet the
minimum required parking and will continue being compatible with the existing uses in the
vicinity. Therefore, the Project will be consistent with the existing and future land uses in
the vicinity.
3. 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, site improvements, loading, and parking.
FACT: The Project will consist of a large canopy with 16 fuel dispensers and a 3,120
square foot convenience store. The site is physically suitable to accommodate the
proposed use and structures since the amount of fuel dispensers is the same amount as
there are currently on-site and the convenience store will have the minimum required
amount of parking spaces on site, including accessible parking. Additionally, the Project
is meeting all of the requirements in the Development Code in regard to landscaping,
parking area, walls, and other features. Service stations are typically located on busy
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corridors or intersections in order to provide fuel to commuters, such as at the subject site.
Therefore, the service station with a convenience store is suitable for the proposed use in
terms of its design, location, shape, size, and operating characteristics .
b. Streets and highways adequate to accommodate public and emergency vehicle
(e.g., fire and medical) access.
FACT: The site is located on the northwest corner of W. Huntington Drive and
Baldwin Avenue. The site has access off both major thoroughfares. These streets are
adequate in width and pavement type to carry emergency vehicles and traffic generated
by the proposed use and existing uses on the site. The Project will not impact these rights-
of-way.
c. Public protection services (e.g., fire protection, police protection, etc.).
FACT: The Fire and Police Department have reviewed the application and
determined that no additional improvements are needed to provide adequate protection
services to the subject site.
d. The provision of utilities (e.g., potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
FACT: As part of the development, new utility connections, including connections
for potable water, sewer, and storm drainage, will be required. Implementation of best
management practices during construction and operation would ensure impacts to water
quality do not occur. The site can be adequately served by all required utilities through
interconnection with existing utilities within City right-of-way along W. Huntington Drive
and Baldwin Avenue.
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4. 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: The Project will provide a commercial service to the general public in
compliance with and pursuant to the Arcadia Development Code and Arcadia Municipal
Code standards. The Project will not be detrimental to the public health or welfare, or the
surrounding properties, as the site is currently being used as a legal non-conforming
service station and is located on a commercial corridor with a diverse type of businesses
that serve the surrounding communities. The size and nature of the Project will be
compatible with the other existing uses in the vicinity and is not expected to affect the
property or uses in the vicinity since it will generally be the same use that is currently
existing on site, meets the required parking, and will be designed to be oriented away from
the residential uses to the north of the property. Therefore, the site is suitable for the
Project and is not expected to adversely affect the public convenience, safety, or general
welfare.
Service/Fueling Stations
5. The proposed use complies with all requirements set forth for the issuance
of a Conditional Use Permit.
FACT: The findings for a Conditional Use Permit for the Project have all been
made. The proposed use is consistent with the Commercial General Plan land use
designation of this site and meets all the requirements of the Development Code and
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Municipal Code. The Project will be compatible with the land uses in the vicinity and the
site is physically suitable for the proposed use. Additionally, the Project will not adversely
affect the public or constitute a nuisance.
6. The proposed use will not substantially increase vehicular traffic on any
street in a residential zone.
FACT: The Project site is currently used as a service station with 16 fuel dispensers
and a convenience store. The proposed use will not increase the amount of available fuel
dispensers, as it also will consist of 16 fuel dispensers, and the new convenience store
will not be substantially increased in size. The site will be accessed off of two primary
thoroughfares in the City, W. Huntington Drive and Baldwin Avenue, which are not
residential streets. Therefore, the Project is not expected to substantially increase
vehicular traffic on any street in a residential zone than the current use of the site.
7. The proposed use will not lessen the suitability of any nearby commercially
zoned property for commercial use by interfering with pedestrian traffic.
FACT: The Project intends to update the facilities and layout of the existing service
station. As part of the Project, the two driveway aprons closest to the street intersection
will be removed and will not interfere with pedestrian traffic in the public right-of-way.
Additionally, sidewalk improvements will be required as part of this Project. The suitability
of all nearby commercially zoned properties will remain without additional interferences to
pedestrian traffic.
8. The proposed use will not create increased traffic hazards to pedestrians
when located near a school, place of religious assembly, auditorium, theater, or other
place of assembly.
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FACT: The Project is located on the corner of two major thoroughfares, W.
Huntington Drive and Baldwin Avenue, which primarily consist of commercial and multi-
family residential uses within the vicinity of the site. No schools, places of religious
assembly, auditoriums, theaters, or other places of assembly are located within the vicinity
of the Project and, therefore, no increased traffic hazards will be created for those uses
as a result of this Project.
Design Review
9. The proposal is consistent with the City’s Commercial Design Guidelines.
FACT: The Project is consistent with the City’s Design Guidelines and all the
applicable findings under Site Plan and Design Review can be made since the proposed
mass, scale, and design are compatible with the existing developments along this portion
of Baldwin Avenue and W. Huntington Drive. The proposed Mid-Century architectural style
incorporates a variety of finishes and materials plaster stucco, shiplap siding, stone
veneer, stone cap, and decorative metal elements, which provide visual interest along
Baldwin Avenue and at this prominent intersection. The Project has been designed in a
manner to maintain compatibility with the surrounding neighborhood and existing
streetscape. This portion of N. Baldwin Avenue consists of many single-story, multi-family
buildings in similar Mid-Century architectural styles. The proposed convenience store was
designed to continue that architectural design to the corner of Baldwin Avenue and
Huntington Drive.
The Project is in compliance with the Development Code and all other applicable
City regulations and policies. The Project is also consistent with the General Plan land use
designation of Commercial for the property which allows for a wide-range of commercial
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uses that serve both neighborhood and citywide markets. Additionally, the site layout of
the service station is being reconfigured from the existing layout to more efficiently provide
a buffer between the residential properties to the north and the commercial activity on site
and also provide efficient access, vehicular circulation, parking, and landscaping on the
property. Since this is a compatible continuation of the use, the service station will still be
compatible with the surrounding uses. Therefore, the design of the Project is consistent
with the City’s Design Guidelines and all the applicable findings under Site Plan and
Design Review.
SECTION 3. Pursuant to the provisions of the California Environmental Quality Act
(“CEQA”), this Project is a Class 32 Categorical Exemption as an infill-development project
per Section 15332 of the CEQA Guidelines.
SECTION 4. For the foregoing reasons the Planning Commission determines
that the Project is Categorically Exempt under the California Environmental Quality Act
(“CEQA”) Section 15332, Class 32, and approves Conditional Use Permit No. CUP 21-
06 and Architectural Design Review No. ADR 21-21 to replace two existing canopies and
16 fuel dispensers with one large canopy that will cover 16 new fuel dispensers, and
demolish an existing 1,568 square foot convenience store/service bay building for a new
3,120 square foot, one-story convenience store at 701 W. Huntington Drive, subject to
the conditions of approval attached hereto.
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SECTION 5.The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 13th day of December, 2022.
______________________
Brad Thompson
Chair, Planning Commission
ATTEST:
______________________
Lisa L. Flores
Secretary
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
for
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Intentionally Left Blank
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RESOLUTION NO. 2109
Conditions of Approval
1. The use approved by CUP 21-06 shall be limited to a service station with 16 fuel
dispensers and an ancillary convenience store, and it shall be operated and
maintained in a manner that is consistent with the approved plans and may be
subject to periodic inspections to ensure that the business is operated per the
approval. Alcohol sales are not permitted under this approval. Any changes to the
operations shall be subject to review and approval of the Planning Commission.
2. The operating hours shall be limited to 5:30 AM to 12:00 AM, seven days a week.
Any changes to the hours of operation shall be subject to review and approval by
the Planning Commission.
3. The project shall be developed and maintained by the Applicant/Property Owner
in a manner that is consistent with the plans submitted and conditionally approved
for CUP No. 21-06 and ADR 21-21, subject to the satisfaction of the Planning &
Community Development Administrator or designee.
4. All deliveries shall be between the hours of 7:00 AM and 10:00 PM. The operator
of the business shall ensure that loitering does not occur around the entryways of
the convenience store or in the parking areas.
5. The parking lot lighting shall be limited to 15 feet in height and shall comply with
the Development Code regulations for Parking Lot Lighting. The lighting shall be
hooded and arranged to reflect away from the adjoining properties and streets.
6. The plans submitted for plan check in Building Services 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. Prior to issuance of a Certificate of Occupancy, the existing ADA ramp on the
corner of W. Huntington Drive and N. Baldwin Avenue shall be replaced with the
most current standard per the Engineering Division. Any portion of the ADA ramp
that is not within the public right-of-way shall be dedicated to the City of Arcadia.
This shall be subject to review and approval by the City Engineer or designee.
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8. The existing curb, gutter, and sidewalk shall be replaced from property line to
property line. The sidewalk shall be installed for the full public parkway except for
tree wells. Existing tree wells shall be expanded where possible and maintained
with a minimum 4’-0” wide sidewalk around the tree wells. The changes shall be
subject to review and approval by the City Engineer.
9. Install electrical conduit infrastructure for up to a maximum of four future pedestrian
lights along Baldwin Avenue. The exact number and placement of infrastructure
will be determined during plan check.
10. Install one pedestrian light next to the bus stop on W. Huntington Drive. The exact
location of the pedestrian light will be determined during plan check.
11. Street trees are required to be planted on both parkway frontages, subject to
review and approval by the Streets Superintendent from Public Works Services
Department. The new street trees must be planted prior to issuance of a Certificate
of Occupancy.
12. The driveway approaches that serve the subject property shall be replaced and
brought into compliance with the City’s current standards for driveway approaches.
A permit is required by Engineering Services.
13. Any damages to the asphalt street frontages, from property line to property line,
that was caused by the development shall be repaired. This shall be left to the
discretion of the City Engineer and Street Superintendent, and it must be
completed prior to issuance of a Certificate of Occupancy or within a timeframe
agreed upon by the City.
14. The proposed development is required to comply with Low Impact Development
(LID) and provide permanent treatment of the stormwater runoff and a SWPPP for
the stormwater runoff during construction. The LID plan may include infiltration
trenches, bioretention planter boxes, roof drains connected to a landscaped area,
pervious concrete/paver, etc.
15. An automatic fire sprinkler system shall be installed within the convenience store
and it shall be monitored by a UL listed central station per the City of Arcadia Fire
Department.
16. A knox box shall be provided adjacent to the main entrance of the convenience
store.
17. The Applicant/Property Owner shall provide calculations to determine the
maximum commercial demand and maximum fire demand in order to verify the
required water service size required.
18. A separate landscape water meter is required for common area landscape
irrigation. The backflow preventer on the common area irrigation shall be of a
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Reduced Pressure Backflow Assembly, as required by the Public Works Services
Department.
19. Separate commercial water service shall be provided by a common master meter
installed within the public right-of-way. An approved Reduce Pressure Backflow
Assembly shall be installed for meter services protection and approved by the
Public Works Services Department.
20. A Water Meter Permit Application shall be submitted to the Public Works
Department for review and approval prior to permit issuance. New water service
installations shall be installed by the Applicant/Property Owner. Abandonment of
existing water services, if necessary, shall be carried out by the Property
Owner/Applicant.
21. If connecting to a City sewer main, the Applicant/Property Owner shall utilize
existing sewer lateral(s), if any.
22. 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 subject to building permits.
23. Noncompliance with the plans, provisions and conditions of approval for CUP 21-
06 and ADR 21-21 shall be grounds for immediate suspension or revocation of
any approvals, which could result in termination of this CUP.
24. To the maximum extent permitted by law, the Applicant shall defend, indemnify,
and hold the 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
Conditional Use Permit No. CUP 21-06 and Architectural Design Review No. ADR
21-21 (“Project”) on the Project site, and which may arise from the direct or
indirect 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 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.
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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 notify the Applicant of the claim, action, or
proceedings and will cooperate in the defense of the matter. 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. The parties hereby agree to cooperate
in defending such action. 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.
25. Approval of CUP 21-06 and ADR 21-21 shall not be in effect unless the Property
Owner and Applicant have executed and filed the Acceptance Form with the City
on or before 30 calendar days after the Planning Commission has adopted the
Resolution. The Acceptance Form to the Development Services Department is to
indicate awareness and acceptance of the conditions of approval.
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58
Attachment No. 2
Attachment No. 2
Aerial Photo Zoning Information
Photos of the Subject Property
59
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-O
Number of Units:
C
Property Characteristics
1967
1,568
1
Property Owner
Site Address:701 W HUNTINGTON DR
Parcel Number: 5777-028-021
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 08-Dec-2022
Page 1 of 1 60
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Attachment No.
Attachment No.
$UFKLWHFWXUDO3ODQV
62
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