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HomeMy WebLinkAbout1677 . . - RESOLUTION NO. 1677 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 02-015 TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A GROCERY STORE (ARCADIA SUPERMARKET) AT 645-649 W. DUARTE ROAD WHEREAS, on July 22, 2002. a conditional use permit application was filed by Arcadia Supermarket, Inc., to permit the sale of alcoholic beverages in conjunction with a grocery store (Development Services Department Case No. C.U,P, 02-015) at property commonly known as 645~649 W. Duarte Road; and WHEREAS, A public hearing was held on September 10, 2002. 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 RESOLVES AS FOllOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct SECTION 2. This Commission finds: 1. That t~e granting of such Conditional Use Permit will not be detrimental to the public health or welfare. or injurious to the property or-improvements in such zone or vicinity because the initial study did not disclose any substantial adverse effects to the area affected by the proposed project 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized, 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. . . '- 5, That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends, SECTION 3, That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 02-015, to permit the sale of alcoholic beverages in conjunction with a grocery store, upon the following conditions: 1. The hours of operation on any day shall be between 8:30 a.m, and 9:30 p.m, 2. The hours of delivery to the grocery store shall be between 7:00 AM and 10:00 PM, 3. All onsite signage shall be in compliance with the City's sign ordinance (AMC See, 9262,4 to Sec, 9262.4.20). All signage shall be reviewed and approved by Planning Services and appropriate permits shall be obtained from Building Services. All signage shall be removed unless an SADR approval and Building Permit are on file in the Development Services Department regarding said signage, This includes wall signs, window signs, and temporary banners. 4, Noncompliance with the plans, provisions and conditions of approval for CUP 02-015 shall be grounds for immediate suspension and/or revocation of any approvals, 5. Approval of CUP 02-015 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law 2 - e e applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of September 10, 2002, and the following vote: AYES: Baderian, Hsu, Lucas, Wen, Olson NOES: None ABSENT: None SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 10lh day of September 2002, by the following votes: AYES: Baderian, Hsu, Lucas, Wen, Olson NOES: None ABSENT: None Uf~ Chairman, Planning Commission City of Arcadia ATTEST: ~ ~ -' -~-- ~4-~ .... .- /_,~..7H"~~ Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: ~P.~ Stephen P. Deitsch, City Attorney 3 - e e , STAFF REPORT Development Services Department September 10, 2002 TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: Joseph Lambert, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 02-015 to permit the sale of alcoholic beverages in conjunction with a grocery store (Arcadia Supermarket) at 645-649 W. Duarte Road. . SUMMARY This Conditional Use Permit application was submitted by Arcadia Supermarket Inc., to permit the sale of alcoholic beverages for off-site consumption in conjunction with a grocery store at 645-649 W. Duarte Road. The Development Services Department is recommending approval of this application, subject to the conditions listed in this re po rt. GENERAL INFORMATION APPLICANT: Arcadia Superl')larket, Inc. LOCATION: 645-649 W. Duarte Road (in the Arcadia Center) REQUEST: A Conditional Use Permit to permit the sale of alcoholic beverages at a grocery store located within one hundred fifty (150) feet of residentially zoned property. SITE AREA: 110.932 square feet (2.55 acres) FRONTAGES: Approximately 389 feet along W. Duarte Road Approximately 310 feet along W. Arcadia Avenue CUP 02-015 September 10, 2002 Page 1 EXISTING LAND USE /!o ZONING: The subject lot is developed with three commercial buildings totaling approximately 50,400 square feet. The grocery store is located in an approximate 22,000 square foot building located toward the rear ofthe site. The entire site is zoned C-2: General Commercial. - SURROUNDING LAND USES & ZONING: North: Multiple-family residential - zoned R-3 South: Offices - zoned C-2/H-4 East: Offices - zoned COO West: Offices - zoned C-2 GENERAL PLAN DESIGNATION: Commercial BACKGROUND The building was constructed in 1959 asa food market and has been vacant since October 2000. On August 1, 2002 a building permit was issued by the Development Services Department for tenant improvements to locate a grocery store within this building. A grocery store is a permitted use within the .C-2 zone; therefore, the project did notrequire any discretionary approval. PROPOSAL AND ANALYSIS e The applicant is seeking approval for the sale of alcoholic beverages within the grocery store. The sale of aicohol for offsite consumption will be incidental to the primary grocery store operation. Municipal Code Section 9275.1.53.6 requires a conditional use permit for retail businesses selling liquor for off-premise consumption that are located in the C-2 zone, and located less than one hundred fifty (150) feet from residentially zoned property. The existing parking layout provides for 214 parking spaces for the entire shopping center. . The existing parking lot does not conform .to .the provisions of the Arcadia .Municipal Code regarding size of stalls, back out spaces, circulation patterns, and required landscaping. As part of the plan check process for the grocery store tenant improvement, staff required that the applicant submit a parking layout that complies with code. The approved parking layout will provide adequate landscaping, circulation, and meets all provisions of the Municipal Code. However, to comply with code, 195 spaces will be provided instead of the 214 currently onsite. It is the opinion of staff that the sal.e of alcoholic bev,erages will not impact the parking, since the request is incidental to the grocery store use. As previously stated, the grocery store is permitted by right and the sale of alcohol is ancillary to the primary use. CUP 02-015 September 10. 2602 Page 2 It .. . e The proposed hours of operation are seven days a week 8:30 AM to 9:30 PM. At this time, it is not known. when deliveries to the site will be scheduled. The food delivery hours should be limited and included as a condition of approval in an effort to minimize impacts to nearby residential uses. Typically, delivery hours for businesses adjacent to residential uses occur between 7:00 AM and 10:00 PM. The Police Department has reviewed the proposal and does not have any concerns with the proposed request. It is staff's opinion that the proposed request would secure an appropriate improvement to the operation of a grocery store. Code Requirements All City requirements regarding disabled access and facilities, occupancy limits, building safety, fire prevention, detection, suppression, restrooms and site design shall be complied with to the satisfaction of the Building Official, Fire Marshall, and Community Development Administrator. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate' in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. CUP 02-015 September 10, 2002 Page 3 CEQA " Pursuant to the provIsions of the California Envii-onmental Quality Act, the Development Services Department has prepared an Initial Study for the proposed project. Said Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance that could not be made less than significant with mitigation incorporation. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Mitigated Negative Declaration has been prepared for this project. The mitigation measures are those conditions of approval that address the potential noise, parking, and police service impacts. RECOMMENDA nON The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 02-015 subject to the following conditions: 1. The hours of operation on any day shall be betvveen 8:30 a.m.. and 9:30 p.m. 2. The hours of delivery to the grocery store shall be between 7:00 AM and 10:00 PM. e 3. All onsite signage shall be in compliance with the City's sign ordinance (AMC Sec. 9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by Planning Services and appropriate permits shall be obtained from Building Services. All signage shall be removed unless an SADR approval and Building Permit is on file in the Development Services Department regarding said sign age. This includes wall signs, window signs, and temporary banners. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 02-015 shall be grounds for immediate suspension and/or revocation of any approvals. 5. Approval of CUP 02-015 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, CUP 02-015 September 10, 2002 Page 4 It e . e Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Approval The Planning Commission should move to adopt the Negative Declaration, and approve CUP 2002-015 by adopting Resolution No. 1677 that grants Conditional Use Permit 2002-015 to permit the sale of alcoholic beverages in conjunction with a grocery store (Arcadia Supermarket) at 645-649 W. Duarte Road. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should move for denial and direct staff to prepare a resolution incorporating 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 September 10, 2002 public hearing, please contact Joe Lambert at (626) 574-5444. ~ oomi L.~Butler Community Development Administrator --- -'. Attachments: Resolution No. 1677 Aerial Photo & Zoning Map Land Use Map Plans and Exhibits Negative Declaration & Initial Study CUP 02-015 September 10, 2002 Page 5