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HomeMy WebLinkAbout1671 - RESOLUTION NO. 1671 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 02-008 AND CONDITIONALLY APPROVING ARCHITECTURAL DESIGN REVIEW NO. ADR 02-014 TO REPLACE AN EXISTING SELF- SERVE AUTOMOBILE SERVICE STATION WITH A NEW 24-HOUR AUTOMOBILE FUELING STATION WITH BEER AND WINE SALES FOR OFF-SITE CONSUMPTION AT 5 WEST FOOTHILL BOULEVARD. WHEREAS, on May 13, 2002, a Conditional Use Permit application was filed by Fred Fiedler and Associates on behalf of ARCO/BP West Coast Products, LLC to replace an existing self-serve automobile service station with a new 24-hour automobile fueling station (Le., self-serve gas station with 16 fueling positions and a 1,700 sq. ft. convenience mart) with beer and wine sales for off-site consumption; Development Services Department Case Nos. CUP 02-008 and ADR 02-014, at 5 West Foothill Boulevard, more particularly described as follows: Parcel 1 of Parcel Map No. 10960, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 114, Page 39 of Parcel Maps, in the Office ofthe County Recorder of Said County. WHEREAS, a public hearing was held on June 25, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services DepartmenUn the attached reports dated June 25, 2002 are true and correct. SECTION 2. This Commission finds: 1. That the granting of the Conditional Use Permit will not be detrimental to the public health or welfare, nor injurious to the property or improvements in the 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 e accommodate said use, and all yards, spaces, walls, fences, parking, loading, e - e e 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 subject property is designated for commercial use in the General Plan, that the proposed use is consistent with that designation, and that the granting of the Conditional Use Permitwill not adversely affect the comprehensive general plan. 6. That the evaluation of the environmental impacts as set forth in the Initial Study is appropriate and that the project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970, and, when considering the project as a whole, there was no evidence bef,!re the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and therefore, a Mitigated Negative Declaration was adopted. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 02-008 and conditionally approves Architectural Design Review No. ADR 02-014 to replace an existing self-serve automobile service station with a new 24-hour automobile fueling station (Le., self-serve gas station with 16 fueling positions and a 1,700 sq. ft. convenience mart) with beer and wine sales for off-site consumption at 5 West Foothill Boulevard, subject to the following conditions: 1. The automobile fueling station and the site shall be improved, operated and maintained in a manner consistent with the proposal and plans submitted and conditionally approved for CUP 02-008 and/or ADR 02-014, including compliance with all comments, recommendations, and requirements received from the various City departments, subject to the satisfaction of the Directors of said Departments. 2. If it is determined to be necessary, on the basis of complaints from surrounding residents, the Community Development Administrator may require a noticed public hearing, to be paid for by the owner and/or operator of the automobile fueling station, for the consideration of imposing restrictions on the business hours -2- 1671 - e e and/or the sale of beer and wine, and/or to add other site improvements to address the specific complaints. 3. Two 36-inch box street trees shall be provided in the Foothill Boulevard parkway to the satisfaction of the Public Works DirectoL 4. A monument sign with a maximum height of six to eight feet shall be provided in lieu of the proposed 25400t tall monolith sign. The monument sign shall be submitted for a separate Architectural Design Review, and is subject to approval by the Community Development AdministratoL Said sign shall be designed in accordance with the City's Sign Design Guidelines. Any other changes to the proposed signs, or signs that may be added in the future shall also be submitted for a separate Architectural Design Review subject to approval by the Community Development Administrator. 5. The material, design and color for the screening of the roof mounted mechanical equipment shall be submitted to the Development Services Department for review and approval by the Community Development Administrator. If the Community Development Administrator determines that the proposed material or design is unacceptable, a continuous parapet shall be provided around the entire building to adequately screen the equipment from view along public rights-of-way and adjacent properties. 6. Detailed landscaping and irrigation plans are to be submitted to the Development Services Department and are subject to approval by the Community Development Administrator. These plans may be subject to review by the City's Landscape Architect, at the applicant's expense, and shall be revised in accordance with their recommendations, subject to review and approval of the Community Development Administrator. 7, Accenting of the driveways (e.g., pavers, stamped, scored and/or colored concrete) shall be provided subject to the approval of the Community Development Administrator. 8. Should the adjacent residentially zoned northerly lot be developed with a residential use, the applicant and/or their successors shall provide a decorative six-foot -3- 1671 e - e high wall along the northerly property line. This wall shall be in compliance with all applicable City regulations; Le., Building Codes, Oak Tree Preservation, Architectural Design Review, vehicular visibility, etc., and shall be subject to approval by the Community Development Administrator. A covenant, in a form approved by the City Attorney, stipulating to the requirement of said wall shall be recorded on the subject property, prior to the issuance any building permits for the new automobile fueling station. 9. 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 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. 10. Noncompliance with the plans, provisions, requirements of various City departments, and the conditions of approval for CUP 02-008 and/or ADR 02-014 shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in suspension of construction and/or those activities that are the subjects of this Conditional Use Permit. 11. Approval of CUP 02-008 and/or ADR 02-014 shall not take effect until the property owner, applicant, and prospective automobile fueling station operator have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval, and all conditions of approval shall be satisfied prior to final inspection and issuance of a Certificate of Occupancy for the automobile fueling station. -4- 1671 II e - SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of June 25, 2002 to grant Conditional Use Permit No. CUP 02-008 and conditionally approve Architectural Design Review No. ADR 02-014, by the following vote: AYES: Commissioners Baderian, Huang, Murphy and Olson NOES: None ABSENT: Commissioner Kalemkiarian 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 this Resolution No. 1671 was adopted at a regular meeting of the Planning Commission held on July 23, 2002, by the following vote: AYES: Commissioners Baderian, Huang, Murphy and Olson NOES: None ABSENT: Commissioner Kalemkiarian UK.~ Chairman, Planning Commission City of Arcadia ecretary, Pia City of Arcadia APPROVED AS TO FORM: ~Q-~ Stephen P. Deitsch, City Attorney City of Arcadia -5- 1671 STAFF REPORT Development Services Department June 25, 2002 TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: James M. Kasama, Senior Planner SUBJECT: Conditional Use Permit Application No. CUP 02-008 and Architectural Design Review No. ADR 02-014 to replace an existing service station with a new self-serve gas station and convenience mart. SUMMARY e Conditional Use Permit Application No. CUP 02-008 and Architectural Design Review No. ADR 02-014 are to replace an existing three-bay, eight-pump service station with a new 24-hour, eight-pump islands, self-serve gas station and 1,700 square foot convenience mart including the sale of beer and wine for off-site consumption at 5 W. Foothill Boulevard. The Development Services Department is recommending approval, subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: BP West Coast Products, LLC LOCATION: 5 W. Foothill Boulevard REQUEST: A Conditional Use Permit and Architectural Design Review to: 1) Replace an existing service station with a new self-serve gas station-and 1.700.square foot convenience mart; 2) Sell beer and wine for off-site consumption within 150 feet of residentially zoned property; and e 3) Be open for business 24 hours a day within 150 feet of residentially zoned property. CUP 02-008 & ADR 02-014 June 25, 2002 . Page 1 . e e SITE AREA: Approximately 29,701 sq. fl. (0.68 acre) FRONTAGES: Approximately 167 feet along Foothill Boulevard Approximately 172 feet along Santa Anita Avenue EXISTING LAND USE: The site is developed with a service station comprised of a three- bay service building and two canopied fueling areas, each with eight fueling positions. ZONING: C-2/General Commercial GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES & ZONING: North: Church parking lot-zoned PR-0-15,000 South: Service station (Union 76) - zoned C-2 East: Strip commercialbuilding - zoned C-2 West: Vacant lot - zoned C-2 BACKGROUND The existing service station was built in 1972 (CUP 71-20 - Reso. 757) and was converted to self-serve in 1983 (CUP 83-5 - Reso. 1226). There are three (3) service bays and 16 fueling positions. The canopies and building signs were remodeled in 1999. Gasoline service is available 24-hours, and the service bays are open regular business hours Monday through Saturday. 'In 1997, the City Council approved Text Amendment No. TA 97-003 (Ord. No. 2077) to allow by Conditional Use Permit, "Automobile Fueling Stations" i.e., self-serve gas stations in conjunction with a convenience mart in C-1 or any less restrictive commercial or industrial zones. Ordinance No. 2077 included the following special regulations for fueling stations: . A minimum of eight (8) fueling positions (i.e., the spaces occupied by a vehicle at a pump island while it is being refueled) and at least three (3) additional customer parking spaces per 1,000 square feet of retail sales area; CUP 02-008 & ADR 02-014 June 25, 2002 Page 2 ~ e e . No gas station activities other than the dispensing of gasoline, sale of oil and other miscellaneous automobile accessories directly to users of motor vehicles; . Retail display and sale of beverages, food and other convenience products shall be confined within one (1) room of not more than 2,000 square feet; . The sale of beer and wine is permitted subject to all other applicable City and State laws. The rental or sale of video products is prohibited; . Advertising for the convenience mart is limited to 60 square feet and signs advertising promotional items and gimmicks are not permitted; and . Air and water dispensing facilities, and gender specific accessible restrooms. shall be made available to the public. In addition, because the subject site is within 150 feet of residentially zoned property, the following two items must clearly be stated as part of the Conditional Use Permit application: A. The proposal includes a retail business selling alcoholic beverages (I.e., beer and wine) for off-premise consumption, which is located less than 150 feet from residentially zoned property (AMC Sec. 9275.1.53.6) B. The proposal includes a retail business selling goods and products to the public on a walk-in basis, which is open more than 16 hours per day or which is open to the public any time between 12:00 midnight and 6:00 a.m., and is located less than 150 feet from residentially zoned property (AMC Sec. 9275.1.53.7) The subject property is located within 150 feet of six (6) residentially zoned properties. PROPOSAL AND ANALYSIS The proposal is to replace the existing service station with a new 1,700 square foot convenience mart and a 4,469 square foot freestanding canopy over eight (8) pump islands to provide 16 fueling positions. A Conditional Use Permit is required for the following three (3) items: 1. An automobile fueling station (AMC Sec. 9275.4.7.4) CUP 02-008 & ADR 02-014 June 25, 2002 . Page 3 (t e e 2. A walk-in retail business that sells alcoholic beverages (Le., beer and wine) for off-premise consumption and that is less than 150 feet from residentially zoned property (AMC Sec. 9275.1.53.6) 3. A walk-in retail business that will be open for business on a 24-hour basis and that is less than 150 feet from residentially zoned property (AMC Sec. 9275.1.53.7) Gas Station and Convenience Mart The existing self-serve gas station is comprised of a three (3) bay service building and two canopies, each with eight (8) fueling positions. All existing structures will be demolished. The automobile mechanical service (SMOG-Pros) will be replaced with a 1,700 square foot convenience mart (AM/PM) and the 16 self-serve fueling positions will be replaced under one 4,469 square foot canopy. In addition to the fueling positions, 13 parking spaces will be provided. There will be eight (8) multi- fuel pump islands that will be able to serve two (2) vehicles at a time. One self-serve air and water dispensing facility will be provided to the east side of the convenience mart. The underground gasoline storage tanks will also be replaced. This proposal will reconfigure the use of the site by locating the convenience mart along the north side of the site, and placing the canopy and pump islands so that they are orientated toward Foothill Boulevard. The driveways will be consolidated so that there is only one driveway on each street frontage, and the driveways will be located further away from the intersection of Foothill Boulevard and Santa Anita Avenue. AlSo, a deceleration lane will be provided along Foothill Boulevard to more safely facilitate access from the street. The City's Traffic Engineer is in agreement with the proposed layout. The R-O & D zoned property to the north is the only residentially zoned property that is adjacent to the subject site. This property is used as a parking lot for the church at 23 W. Foothill Blvd. (Property No.5). The Police Department has been advised of this proposal, and their opinion is that the project will not have any impact on public safety, nor will it create any additional crime problems for the surrounding area. This proposal should not have any adverse impacts on any of the surrounding residentially zoned properties. The proposed project may lessen some of the existing impacts on the residential properties to the north by eliminating the service bays, which open toward the north, and focusing the activity of the new fueling station southward toward Foothill Boulevard. CUP 02-008 & ADR 02-014 June 25, 2002 Page 4 - e e The following modifications of the C-2, General Commercial zoning regulations, and the Conditional Use Regulations for Drive-in Businesses are required for the proposed fueling station: A. A 5'-0" northerly rear yard setback in lieu of 20'-0" for the convenience mart (9263.2.4.b) B. An existing 18-inch high masonry wall in lieu of a 6-foot high masonry wall along the northerly rear property line adjacent to residentially zoned property (the existing parking lot) (9275.4.9) Request 'A' is to allow the convenience mart building to be at the rear of the site, which is the most efficient use of the site. It also enables the convenience mart structure to serve as a barrier between the gasoline sales area and the residential properties to the north. Request 'B' is to allow an existing 18-inch high garden wall to remain in lieu of a new six (6) foot high wall. This Modification'was also granted to the existing gas station because the adjacent residentially zoned property is being used as a parking lot for the church. In addition, the removal of the existing wall and the construction of a new wall would necessitate an encroachment upon the existing coast live oak tree that overhangs the northwesterly corner of the site. The proposed convenience mart will avoid encroaching upon the oak tree and the plans include landscaping for the area under the oak tree. A certified arborist has evaluated the oak tree, and the applicant will comply with all of the arborist's recommendations. There is also a Holly oak tree in the parkway along Santa Anita ,Avenue. The certified arborist has also evaluated this oak tree. It has been determined, in consultation with the Public Works Services Department, that because this oak tree is in decline, it should not be preserved. The applicant has agreed to provide a 36- inch box replacement tree in accordance with the Public Works Service Department's requirements. 24-Hour Operation This proposal includes a request to be open on a 24-hour basis. The existing self- serve gas station is open 24-hours and automobile mechanical service is available during regular business hours Monday through Saturday. The existing self-serve gas station pre-dates the City's requirements for a CUP for businesses that are within 150 feet of residentially zoned property to be open for more than a total of 16 CUP 02-008 & ADR 02-014 June 25, 2002 Page 5 e hours per day or between 12:00 midnight and 6:00 a.m. (Ord. 1893 - adopted 9/6/88). e e The existing 24-hour self-serve gas station has not been a source of complaints, and continuing the sale of gasoline on a 24-l:lour basis should not be a problem. The replacement of the service bays with a 24-hour convenience mart is a change in the type of activity at this location, but it is not anticipated that a 24-hour convenience mart will significantly increase the level of activity at tl:lis site. The Conditional Use Regulations for Drive-in Businesses prohibit deliveries at locations adjacent to residential zones from 10:00 p.m. to 7:00 a.m. Also, the proposed fueling station has been oriented to focus all activity away from the nearest residential use. However, if problems occur as a result of the new fueling station, the City has the ability to address nuisance situations by reviewing or revoking a CUP or certain provisions of a CUP through the public hearing process. Beer and Wine Safes This proposal also includes a request to sell beer and wine for off-site consumption. Alcoholic beverages are prohibited from being sold in the small snack shop at the existing self-serve gas station (9275.4.7.3.e). However, the selling of alcoholic beverages is allowed by the Conditional Use Regulations for a Fueling Station (9275.4.7.4,e) subject to compliance with other applicable sections of the Arcadia Municipal Code and State laws. In this case, a CUP must specifically approve the sale of beer and wine because the subject site is within 150 feet of residentially zoned property. The State Department of Alcoholic Beverage Control will r~gulate the sales of alcoholic beverages, and the entire site will be well illuminated. No additional City restrictions are considered necessary at this time. Should a problem arise in the future, the City has the ability to address nuisance situations by recalling or revoking a CUP or certain provisions of a CUP by reviewing or revoking a CUP or certain provisions of a CUP through the public hearing process, and the State Department of Alcoholic Beverage Control can revoke or amend a license. Architectural DesiQn Review Concurrent with the consideration of the Conditional Use Permit, the Planning Commission may approve, conditionally approve, or disapprove the applicant's architectural design concept plans. CUP 02-008& ADR 02-014 June 25, 2002 Page 6 - e - The proposed design is modem. The accents are the curved edges of the canopy, the rounded corners of the convenience mart, and the curvilinear entry overhang. The edges of the canopy and the entry overhang will be illuminated with L.E.D. laser light strips. The buildings have been designed to complement the semi-circular fuel pumps that are to be installed at all BP/ARCO facilities. The landscaping has been laid out in accordance with the Conditional Use Regulations for Drive-in Businesses (9275.4.11). This project will provide landscaping along the entire interior perimeter and increase the landscaping along the street frontage by eliminating a driveway on each street side. Also, the paved area under the oak tree at the northwest corner of the site will be replaced by landscaping in accordance with the certified arborist's recommendations. A detailed landscaping plan will be provided for the City's review and approval. The signs for this project are shown on the proposed plans. The AM/PM sign on the convenience mart, and the logos on the canopy are acceptable. The advertising pertaining to the convenience mart is limited to a maximum of 60 square feet (9275.4.7.4.g) and the proposed AM/PM sign is approximately 59 square feet in area. The logos for the east and south edges of the canopy are each 2'-7" in diameter. Any other signs that may be added to the buildings are subject to separate architectural design reviews. A new 25-foot tall freestanding sign is proposed for the corner at the intersection of Foothill Boulevard and Santa Anita Avenue, The City's newly adopted sign design guidelines specifically state, "Pole signs shall be discouraged for new construction and renovations." And further that "Monument signs should be well proportioned and accented with landscaping. The.signs should be in scale with adjacent buildings and landscape areas. It is staffs opinion that the proposed sign is not appropriate for the subject site and is inconsistent with the City's new sign .design guidelines. A height of 25 feet is disproportionate to the size of this site and the proposed buildings; the proposed canopy will be less than 19 feet tall. The site is not at a location that will benefit from a tall sign. In fact, the existing developments and landscaping along Foothill Boulevard and Santa Anita Avenue may make it difficult to see the proposed sign. Staff is recommending that a monument sign with a maximum height of six to eight feet be provided in lieu of the proposed 25-foot tall monolith sign. Staffs opinion is that the proposed design provides substantial architectural relief, will be visually harmonious with surrounding developments, and finds the proposed architectural design concept, with the exception of the freestanding sign, to be in CUP 02-008 & ADR 02-014 June 25, 2002 Page 7 - e e compliance with the City's Architectural Design Review Regulations. A colors and materials sample board is available for review. Other Code Reauirements The applicant is required to comply with all development requirements and policies determined to be necessary by the Building Official, City Engineer, Fire Marshall, Public Works Services Director, Community Development Administrator, and any service districts and utility providers that will serve the proposed fueling station. 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. CEQA Pursuant to the provIsions of the California Environmental 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. However, because the site is within a Seismic Hazard .zone and an Alquist-Priolo Earthquake Fault Zone, mitigation measures are necessary to verify that there will not be any significant impacts relative to geology CUP 02-008 & ADR 02-014 June 25, 2002 Page 8 - e e and soils. 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 following mitigation measures are required: . The mitigation as defined in Public Resources Code Section 2693(c) and a geologic investigation in accordance with the Alquist-Priolo Earthquake Fault Zone Act. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 02-008 and Architectural Design Review No. ADR 02- 014 subject to the following conditions: 1. The automobile fueling station and the site shall be improved, operated and maintained in manners that are consistent with the proposal and plans submitted and conditionally approved for CUP 02-008 andior ADR 02-014, including compliance with all comments, recommendations, and requirements received from the various City departments, subject to the satisfaction of the Directors of said Departments. 2. If it is detennined to be necessary, on the basis of complaints from surrounding residents, the Community Development Administrator may require a noticed public hearing, to be paid for by the owner and/or operator of the automobile fueling station, for the consideration of imposing restrictions on the business hours and/or the sale of beer and wine, and/or to add other site improvements to address the specific complaints. 3. T.wo 36-inch box streeftrees shall be provided in the Foothill Boulevard parkway to the satisfaction of the Public Works Services Director. 4. A monument sign with a maximum height of six to eight feet shall be provided in lieu of the proposed 25-foot tall monolith sign. The monument sign shall be submitted for a separate Architectural Design Review, and is subject to approval by the Community Development Administrator. Said sign shall be designed in accordance with the City's Sign Design Guidelines. Any other changes to the proposed signs, or signs that may be added in the future shall also be submitted for a separate Architectural Design Review subject to approval by the Community Development Administrator CUP 02-008 & ADR 02-014 June 25, 2002 Page 9 - e e 5. The material, design and color for the screening of the roof mounted mechanical equipment shall be submitted to the Development Services Department, Planning Services for its review and approval. If it is determined that the proposed material or design is unacceptable, a continuous parapet shall be installed around the entire building to adequately screen the equipment from view along public rights-of-way and adjacent properties. 6. Detailed landscaping and irrigation plans are to be submitted to the Development Services Department and are subject to approval by the Community Development Administrator. These plans may be subject to review by the City's Landscape Architect, at the applicant's expense, and shall be revised in accordance with their recommendations, subject to the review and approval of the Community Development Administrator. 7. Accenting of the driveways (e.g., pavers, stamped, scored and/or colored concrete) shall be provided subject to the approval of the Community Development Administrator. 8. 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 conceming 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 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, arid agents in the defense of the matter. 9. Noncompliance. with the plans, provisions, requirements of various City departments, and the conditions of approval for CUP 02-008 and/or ADR 02-014 shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in suspension of construction and/or those activities that are the subjects of this Conditional Use Permit. 10. Approval of CUP 02-008 and/or ADR 02-014 shall not take effect until the property owner, applicant and applicant's agent have executed and filed the Acceptance Form available from the Development Services Department to CUP 02-008& ADR 02-014 June 25, 2002 Page 10 _ indicate awareness and acceptance of the conditions of approval, and all conditions of approval shall be satisfied prior to final inspection and issuance of a Certificate of Occupancy for the automobile fueling station. PLANNING COMMISSION ACTION Approval The Planning Commission should move to adopt the Mitigated Negative Declaration, state the supporting findings, and direct staff to prepare a resolution incorporating the Commission's decision, specific findings, and any conditions of approval. Denial If the Planning Commission intends to deny this Conditional Use Permit application and/or the Architectural Design Review, the Commission should move for denial and direct staff to prepare a resolution incorporating the Commission's decision and specific findings. e If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 25, 2002 public hearing, please contact Planning Services at (626) 574-5423. Approved by: /4' , v ./if., 7 .... .- onna L. Butler Community Development Administrator Attachments: Vicinity Map Aerial Photo with Zoning Plans Mitigated Negative Declaration and Initial Study e CUP ,02-008& ADR 02~014 June 25, 2002 Page 11 ,_.. , o. '" , ~ I " ."" 0"" 0'" N """ ' (Um ...~ 0"" 100 200 300 Feet , ""'" """ - 0"" Scale: 1"=200' "" ~E \.""J .. \. ~ SYCA," '" SYCAMORE AVE "'. "" "" r---=:.- AVE (1141J 0.... - ." 0'" "" .. "''" .'.. (fiMJ 0'" ~ 0'" .... .... '<t 1 .,.. ~ "'1If/ 0". .,.. ~ st '<t ..,. 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Elevallan -"..,..,.., _..- _'=-"'U' ~ - - - - - ~~ ~, ~ f~ ~~ .!!OU'l .nfs .6 "0 1:t; '" ..- ~I~~ "-I~ c 10 i~&O g . - ..~ u - - _ -e ~ '" It: Q) 3: "- CD l;:~ o 0 C E ~l 1 ;.! .g :i .:Ii oil ~.. =0 .... .0'" 2- 00 caUl '"-1 ~ Em -a4; a.. iii1:; E41.i..;1;! o. -011;: ~;t~~ Zao.iii:_U !- ill CU M N ~ ~ '" r:? e ~ I - 1 .. t I ,- -, ~ - ~ G '01'_- l - " . c . g .. i ~ N ':1 ':1 N " " N "- '" :;:. ~ " 0; . <> ..; " , ~ " ~ , ~ " U N ~ ~ " '<I ~ .-- e , u ~ ':c ~ ~ . c . E , " o " C . E ~ C w 8:"",.r.4" ~ - __CIIlCflll.)_____M ~~~~~~i~~j~~ " " N .-- c 0> 'ii . " .-- ~ " '" ~ ~ u . 'e ~ -c o IlIIor a..v_. -1/1'...... - l 0=~ - ~~ ~~ ~ I~ i~ _,> I .f9 is.!~ u c~ " ..- ~I~~ CL.1i! c'" t; i:JfD g.- ...'~ (J "0 - 1n1i~ .. 0: == CL. CD ~~ g ~ 80 . ....~ 1 ;os !Id ~, cO <c JlO ~ f: '0" "':I 00 eGG. t... ....... E! ~ 9s "9 E~c1..:f;1 o. .01"' ~~ x ~Jid!!Il ZID.i_~ ---~_._---- - --- ~~~~~~~~; o :-vr~ -~- - CU-A6 - (i) " File No.: CUP 02-008 CITY OF ARCADIA 240 WEST HUNTINGTON,DRIVE ARCADIA. CA 91007 (626) 874-5400 CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATED NEGATIVE DECLARATION A. Title and Description of Project: Conditional Use Permit No. CUP 02-008 - A Conditional Use Permit and Architectural Design Review to replace an existing service station with a new 24-hour self-serve gas station and 1,700 square foot convenience store with beer & wine sales for off-site consumption. B. Location of Project: 5 W. Foothill Blvd. - In the City of Arcadia, County of Los Angeles C. Name of.Applicant, Project Sponsor, or Person Undertaking the Project: BP West Coast Products, LLC Contact: Lisa Morgan - Fred Fiedler and Associates Attn: Gary Slmning 2322 W. Third Street 4 Centerpointe Drive Los Angeles, CA 90057-1906 La Palma, CA 90623-1066 (213) 381-3592 e The City Planning Commission, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to the public hearing of the City Planning Commission. including the recommendation of the City's staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Planning Commission's findings Is as follows: . The conditional approval of the proposed project, whIch includes mitigation measures, will proVide for conformance with the City's General Plan, Zoning Ordinance, Oak Tree Preservation Ordinance, and the Alquist.Priolo Earthquake Fault Zone Act. The mitigation measures will reduce any Potentially Significant Impacts to Less Than Significant Impacts or to No Impacts. The City Planning Commission hereby finds that the Mitigated Negative Declaration reflects its independent judgment. A copy of the Initial Study may be obtained at: City of Arcadia Community Development Division/Planning Services 240 West Huntington Drive Arcadia, CA 91007 (626) 574-5423 The location and custodian of the documents and any other material that constitute the record of proceedings upon which the City based its decision. to adopt this Mitigated Negative Declaralion, are as follows: City of Arcadia Community Development DivisionlPlanning Services 240 West Huntington Drive Arcadia, CA 91007 (626) 574-5423 , Dete Prepared: May 28, 2002 Q~$?~ - s~ re - James M: Ka ma, Senior Planner e Date Posted: Callrornla Environmental Quality Act -Pagelof1- Negative Declaration - e e File No.: CUP 02-008 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Conditional Use Permit No. CUP 02-008 2. Lead ,Agency Name & Address: City of Arcadia Development Services Dept./Community Development Div.lPlanning Services 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 3. Lead Agency Contact Person & Numbers: James M. Kasama, Senior Planner Phone (626)574-5445 / Fax (626) 447-9173 / E-mail 'jkasama@ci.arcadia.ca.us 4. Project Location (address): 5 W. Foothill Blvd. In the City of Arcadia, County of Los Angeles 5. Project Sponsor's Name, Address & Phone Number: BP West Coast Products, LLC Contact: Lisa Morgan Attn: Gary Simning Fred Fiedler and Associates 4 Centerpointe Drive 2322 W. Third Street La Palma, CA 90623-1066 Los Angeles, CA 90057-1906 (213) 381-3592 6. General Plan Designation: Commercial 7. Zoning Classification: C-2: General Commercial Form "J" -1- CEOA Checklist 4/99 - e e Fn~ No,: CUP 02-008 8. Description of Project: (Describe the whole action involved. including but not limited to iater phases of the project. and any secondary, support, or off-s~e features necessary for its implementation.) A Conditional Use Permit and Architectural Design Review to replace an existing service station with a new 24-hour self-serve gas station and 1,700 square foot convenience store with beer & wine sales for off-site consumption. 9. Surrounding land uses and setting: (Briefly describe the project's surroundings.) The site is at the northwest corner of the intersection of two main streets: Foothill Blvd. and Santa Anita Avenue. To the north and west are single-family residential neighborhoods, To the east and south are commercial uses. The surrounding land uses are as follows: . North - church parking lot; East across Santa Anita Ave. is a bank; South across Foothill Blvd. is a service station; and West is a vacant C-2 (General Commercial) zoned lot. 10. Other public agencies whose approval is required: (e.g., perm~s, financing approval, participation agreement) The Development Services Department, Fire Prevention Bureau, and Public Works Services Department will review the construction plans, geologic reports, and off- site improvement plans for compliance with all applicable codes, geologic requirements, zoning approvals, and public works standards. , , ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: [ ] Aesthetics [ ] Agricultural Resources [ ] Air Quality [ J Biological Resources [ J Cultural Resources [ J Geology I Soils - [ J Hazards & Hazardous Materials [ J Hydrology I Water Quality [ ] Land Use I Planning [ ] Mineral Resources [ ] Noise [ J Population I Housing [ ] Public Services [ J Recreation [ J Transportation I Traffic [ ] Utilities I Service Systems [ ] Mandatory Findings of Significance Form"J" -2~ CEQA Checklist 4/99 - e e File No.: CUP 02-008 DElERMINA liON: (To be completed by the Lead Agency) On the basis of this initial evaluation: [l I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [Xl I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [l I find that although the proposed project could have a significant effect on the environment, but because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. By: James M. Kasama, Senior Planner For: City of Arcadia ~* Signa re ~ Date: May 22, 2002 Form uJ" -3. CEQA Checklist 4/99 - e e File No.: CUP 02-008 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the responses following each question. A "No Impact" answer is adequately ,supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e,g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there Is substantial evidence that an effect is significant. If there are one or more, "Potentially Significant Impact" entries when the determination is made, an EIR is required, 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analyses," must be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis c) Mitigation Measures. For effects that are "Less Than Significant With Mitigation Measures Incorporated," describe the mitigation measures that were Incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist, references to information sources for potential Impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is suhstantlated. 7. Supporting Information Sources: A source list should be attached, and other sources, uses or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) The significant criteria or threshold, If any, used to evaluate each question; and b) The mitigation measure Identified, if any, to reduce the Impact to less than significant. FormllJ" -4- CECA Checklist 4/99 " e e File No,: CUP 02-008 PotenUal1y Significant Impact Less Than Significant With Less Than Mitigation Slgnlflcant IncorporaUnn Impact No Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? [ ] [ ] [] [X] b) SUbstantially damage scenic resources, including, but not limited to, trees, rock outcroppings,and historic buildings within a state' scenic highway? [ ] [ ] [X] [] c) Substantially degrade the existing visual character or quality of the site and its surroundings? [ ] [ ] [] [X] d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? ( ] [ ] [X] [] The project will not substantially alter the use of the site, and the size and scale of the structures will be similar to the existing situation. There are two oak trees that overhang different portions of the site. A certified arborist has evaluated these trees. A holly oak tree Is in the public parkway along the east side of the site and is in decline and is to be removed. A coast live oak tree is on the adjacent property and overhangs the northwest comer of the site. The project may slightly encroach upon the coast live oak tree, but Its situation will be improved by replacing an existing paved area under the oak tree with landscaping appropriate for that setting, and with the consent of the owner of the tree, remedial measures will be undertaken to Improve the condition of the tree. The lighting for the new gas pump canopy and convenience mart will be shielded to reflect away fonn adjacent properties and streets. II. AGRICULTURAL RESOURCES - (In detenninlng whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the califomiaAgricultural Land Evaluation and Site Assessment Model (1991) prepared bythe-Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and fannland.) Would the project: a) Convert Prime Fannland, Unique Fannland, or Fannland of Statewide Importance (Fannland) as shown on the maps prepared pursuant to the Fannland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultural use? [ ] [ ] [] [X] b) Conflict with existing zoning for agricultural use. or a Williamson Act contract? [ ] [ ] [] [X] c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Fanniand to non-agricultural use? [ ] [ ] [] [X] The project will not have any impacts on agricultural resources. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied' upon to make the following detenninations.) Would the proposal: a) Conflict with or obstruct implementation of the applicable Air Quality Plan? [ ] [ ] [] [X] b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? [ ] [ ] [] [X] c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? [ ] [ ] [] [X] d) Expose sensitive receptors to substantial pollutant concentrations? [ ] [ ] [] [X] e) Create objectionable odors affecting a substantial number of people? [ ] [ ] [] [X] The' project is subject to air quality regulations as administered by the South Coast Air Quality Management District and should not have any adverse impact,S on air quality. Form "J" .5- CECA Cheekllat 4/99 - e e File No:: CUP 02-008 PolenUally Significant Impact Less Than Significant Wfth less Than Mitigation Significant IncorporaUon Impact No Impact IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomla Department of Fish and Game or U. S. Fish and Wildlife Service? [].[ ] [I [X] b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations, or by the Califomia Department of Fish and Game or U. S. Fish and Wildlife Service? [ ] [] [I [X] c) Have a substantial adverse. effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [ ] [ ] [] [X] d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native resident or migratory wildlife COrridors, or impede the use of native wildlife nursery sites? [ ] [ ] [] [X] e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? [ ] [ ] [Xl [] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? [ ] [ ] [I [Xl With the exception of a possible minor encroachment upon an oak tree (as discussed in Section 1) this project will not have any impacts on biological resources. V . CULTURAL RESOURCES - Would the project: a) Cause a suhstantial adverse change in the significance of a historical resource as defined in Section 15064.5? [J [] [Xl b) Cause a suhstantlal adverse change in the significance of an archaeological resource pursuant to Section 15064.5? [ I [ I [] [XI c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? [ I [X] d) Disturb any human remains, including those interred outside of formal cemeteries? [ ] [I [X] There are no cultural resources at or near the site. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects. Including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Speciai Publication 42), [ ] ii) Strong seismic ground shaking? [ I IiI) Seismic-related ground failure, including liquefaction? [ ] Iv) Landslides [ I b) Result'in substantial soil erosion or the loss of topsoil? [ I c) Be located on a geologic unit or soil that is unstable. orthat would become unstable as. a result of the project, and potentially result [X] [XI [Xl [ ] [ ] [ ] [ I i J [ I [ I [ ] [ ] [ ] [X] [X] Fonn .. J" .0- CECA Checklist 4199 - e e File No.: CUP 02-008 Potentially Significant Impact subsidence, Less Than Significant With Mitigation Incorporation No Impact Less Than Signlncanl Impact in on- or off-site landslide, lateral spreading, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Unifonn Building Code (1994) creating substantial risks to life or property? e) Have soils incapable of adequately supporting 'the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? [ ] [ ] [I [X] This site is in a Seismic Hazard Zone where historic occurrence of liquefaction or local geological. geotechnical and groundwater conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required. The site is also in an Alquist-Priolo Earthquake Fault Zone and is subject to a geologic investigation to demonstrate that the proposed buildings will not be constructed across active faults. An evaluation and written report must be prepared by a registered geologist, and is subject to review by the City's geologist, The plan cheCking of the construction plans will assure that the project me!lts all current seismic requirements. There are no unique geologic or physical features at the site. [ ] [ I [Xl [ ] [ ] [ I [ ] [X] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the pUblic or the environment through the routine transport, use, or disposal of hazardous materials? [ I [ I [XI [I b) Create a Significant hazard to the public or the envirorlment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [ I [ ] [XI [] c) Emit hazardous emissions or handle hazardous or acutely hazardous materials. substances, or waste within one-quarter mile of an existing or proposed school? [ I [ ] [] [X] d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [ I [ I [I [X] e) For a project IOGated within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or WOrking in the project area? [ I [ I [] [XI f) For a project within the vicinity of a private airStrip, would the project result in a safety hazard for people residing or working in the project area? [I [I [I [XI g) Impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan? [ I [ I [] [X] h) Expose people or structures to a significant risk of loss, injury, or death inVOlving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intennlxed with wildlands? [ I [ I [] [X] The project Involves the transport, use and disposal of hazardous substances (gasoline and other automotive related products) hut the project is not creating 'this hazard (the hazards already exist due to the existing service station) nor Is it creating or increasing the potential for upset and accident conditions Involving the release of hazardous materials into the environment. The site is not within one-quarter of a mile of a school, nor Is it within two miles of an airport, and is not adjacent to any wildlands. The project will comply with all emergency access and fire safety regulations. Form "J" -7- CEOA Ghecklist 4199 File No.: CUP 02-008 Less Than Significant With Less Than Millgation Significant Incorporallon Impact Potentially Significant Impact No Impact _VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local' groundwater table level (e.g" the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been granted)? [ c) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stre.am or river, In a manner that would result in substantial erosion or siltation on- or off-site? [ ] d) Substantially alter the existing drainage pattem of the site or area, including through the alteration. of the course of a stream or river, or substantially Increase the rate or amount of surface runoff in a manner that would result in fiooding on or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? f) otherwise substantially degrade water quality g) Place housing within a 1 DO-year fiood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other fiood hazard delineation map? h) Place structures within a 1 DO-year fiood hazard area, which would impede or redirect flood flows? I) Expose people or structures 10 a significant risk of loss, injury or death involving fiooding, including fiooding as a result of the failure of a levee or dam? j) Inundation by seiche. tsunami, or mudfiow? k) Potential impact of project construction on stonn water runoff? I) Potential impact of project post-construction activity on storm water runoff? m) Potential for discharge of storm water from areas from material storage, vehicle or equipment maintenance (including waShing). waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? [ ] n) Potential for the discharge of storm water to cause significant harm on the biological integrity of the waterways and water ~~~ [\ 0) Potential for discharge of storm water to impair the beneficial uses of the receiving waters or areas that provide water quality benefit? p) Potential for significant changes in the fiow velocity or volume of storm water runoff that can cause environmental harm? [ I q) Potential for significant increases in erosion of the project site or surrounding areas? [ ] [I (] [X] The project will not violate Regional Water Quality Control Board waler quality standards or waste discharge requirements, will not alter absorption rates, drainage patterns, surface runoff. surface water conditions. or ground water conditions. There'are no Special Flood Hazard Areas in the City of Arcadia, as [ ] [ ] [ ] [Xl [ ] [ ] [Xl [ ] [ ] [X] [ ] [ ] [ ] [X] [ ] [ ] [ ] [ ] [ ] [ ] [X] [X] . [ J [X] [ ] [ J [X] ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [X] [X] [X] [ ] [ ] [ ] [X] [ ] [ ] [Xl [ ] [ ] [X] [ I [ ] [ ] [X] [ I ( ] (X] e Fann .. J" -8- ceaA Checklist 4/99 - e e FIle No.: CUP 02-008 LesS Than Significant Potentially With Less Than Significant Mltlgatlon Significant No Impact Incorporation Impact Impact determined by the Federal Emergency Management Agency (FEMA) however, the site is within the Inundation Areas of the Sierra Madre Dam and Santa Anita Dam, but will not expose people to any additional or increased hazard levels. The project is subject to the National Pollutant DisCharge Elimination System (NPDES) requirements, and the construction plans will be reviewed so that the project includes all required measures and practices. IX. LAND USE & PLANNING - Would the project: a) Physically divide an established community? [ ] [ I [] [X] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [ ] [ I [] [X] c) Conflict with any applicable habitat conservation plan or natural community conservation plan? [ ] [ I [] [X] The project is consistent with the General Plan's commercial land use designation of the site and will be in compliance with the C-2 (General Commercial) zoning of the site with the approval of a Conditional Use Permi!. X. MINERAL RESOURCES - Would the project: a) Resull in the loss of availability of a known minerai resource that would be of value to the region and the residents of the state? [] b) Result In the loss of availability of a locally Important mineral resource recovery site delineated on a local general plan,"specific plan or other land use plan? [ ] No minerai resources are known to exist at the site. [ ] [ ] [X] [ ] [ ] [X] XI. NOISE - Would the project result In: a) Exposure,of persons to, or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [ ] [ I [X] [] . b) Exposure of persons to, or generation of excessive groundbome vibration or groundbome noise levels? [ I [X] [] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing withoutthe project? [ ] [ I [] [X] d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? [ ] [ J [X] [] e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [ ] [ I [] [XI f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? [ ] [ ] [] [X] The project will not expose people to any new excessive noise levels or vibrations. Construction of the project will temporarily increase noise and vibration levels, but these should not be excessive. The replacement of automotive repair services with a convenience mart will likely reduce noise and vibration levels. A condition of approval may prohibit deliveries and maintenance activities between the hours of 9:00 p.m. and 6:00 a.m. The subject property Is not within two miles of an airport. XII. POPULATION & HOUSING - Would the project: a) Induce substantial population growth In an area, either directly (for example, by propOSing new homes and businesses) oro Fonn ItJ" -9- CEQA Check11st 4199 File No,: CUP 02-008 Less Than Significant Wllh Less Than Mitigation Significant Incorporation Impact Indirectly (for example, through extension of roads or infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? [ ] The project will not have any impacts on the housing and/or population of the area. XIII. PUBLIC SERVICES - Would the project result in substantial adverse physical Impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which would cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire prolectlon? [ ] [ ] [] [X] b) Police protection? [ ] [ ] [] [X] c) Schools? [ ] [ ] [] [X] d) Parks? [ ] [ ] [] [X] e) Other public facilities? [ ] [ ] [] [X] The project is consistent with the City's General Plan, will be in compliance with the C-2 (General Commercial) zoning of the site with the approval of a Conditional Use Permit, and should not have any impacts on public services, Any necessary extensions or additions of public facilities and services will be provided by this project. If the project results in any nuisance, the Conditional Use Permit may be recalled and additional conditions may be Imposed to address the nuisance. XIV. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expanSion of recreational facilities that might have an adverse physical effect on the environment? [ ] The project will not have any impacts on recreational facilities or opportunities. XV. TRANSPORTATION / TRAFFIC - Would the project: a) Cause an increase in traffic that Is substantial in relation to the eXisting traffic load and capacity of the street system (i.e., result in a substantial increase In either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed. either individually or cumulatively, a level of service standard established by the county congestion management agency for designated !'Dads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increasa hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farmequipment)? e) Result In inadequate emergency access? f) Result In inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus turnouts, bicycie racks)? - Potanfially Significant Impact other [ ] [ ] e [ ] [ J [ J [ J e [ ] [ ] [ ] [ ] Form "J" .10- [ ] [ ] [ J [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] CEOA Checklist 4199 NO Impact [X] [X] [X] [X] [X] [X] [X] [X] [X] [X] [X] [X] File No,: CUP 02-008 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporallon Impact Impact a The project will not result in increases in traffic. The project includes the consolidation of driveways, and a .. deceleration lane on Foothill Blvd. These improvements will lessen existing potential hazards. The number of on-site parking spaces will meet the City's minimum requirements. This project will not have any oflhe above impacts. XVI. UTILITIES & SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [ I [ I [) [Xl b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. the construction of which could cause significant environmental effects? [ I [I [J [X] c) Require or result in the construction of new slonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [ I [ I [X] [] d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? [ I [ I [I [X] , e) Result in a determination by the wastewllter treatment provider. which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addilion to the providers. existing commitments? [ ] [ I [] [XI f) Be served by a landfill with sufficient pennilted capacity to accommodate the project.s solid waste disposal needs? [ ] [ I [I [Xl . g) Comply with federal, state and local statutes and regulations . related to solid waste? [ I [J [] [Xl The project necessitates the relocation of a storm water catch basis, but will not diminish the capacity of the storm water system, The project will comply with all required wastewater discharge treatment provisions. This project will not have any adverse impacts on utilities and/or other public service systems. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of ~he environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below seif- sustaining levels, threaten to eliminate a plant or animal communlly, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia histo~ or prehisto~? [ I [ ] [] [X] b) Does the project have Impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) [ I [ ] [] [X] c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? [ I [ I [I [X] The project will not have any of the above effects or impacts. XVIII. EARLIER ANALYSES ... No earlier analyses, and no additional documents were referenced pursuant to the tiering, program EIR, or ., other CEQA processeslo analyze the project, Farm IfJ" -11- CEQA Checklist 4199 I. I I I I I I FiI.e No. CuF 02... 008 I 2. I. I I I I I 5. I Prolect DescrlDtion ~ I I CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 (626) 574-5400 ' ENVIRONMENTAL INFORMATION FORM Date Filed: 6/1~1()1- General Information ; 1. Name and address of developer or project sponsor: ~'? ,~ ~ ?~/LG - 8-\1-. ~ ~i''Y\rli~ ti ~~~-\G Dri~ . La ?a\vT)B I CA 9o(q2.,o-IOlolP , Address of project (Location): f) W. ~\\ \ '6\~d @ ~ Arli1a ~. Name, address and telephone number of person to be contacted concerning this project: 0't:O rr.,orc~lw, -~ p;c~\~ ~ A-&~',~ .2:'02.."2. l,....;>,~.\r-d 'Gh~-",..\ (Z,~)3B\-'35Cjz.. ~ An.~k'S) c..A q~-)~OCo . ce\\ (2rS)YYB-091L( 4. List and describe any other related permits and other public approvals required for this . project. including those required' by city, regional, state and federal agencies: ~_"'-Pin~ f~m;+) ~~ ?~;+-j ~fb..Y0 Er\ur~ ~~ ?U'm;t) :S:r ~ua\',~ ~~"+.l p..,~G ~",,~.C'*F-'5a\e-) Zoning: c.- Z ~ \ c.o.'Y"\fYl~l<;) \ General Plan Designation: Cc><virvrerc.icl \ 6. 7.' Proposed use of site (project description): CDr$)"\..x:..:t\~' o-f' a nev.-.. ~\ inj -&; \ i~ -lz> i 1JC.1Lrle, \)<oec~-F e S)rY'\/fl(V\ ccn,&,\\~O, ~J) r>'f'RJ c:a.tlOP~~.v:~ t".\~ (Y'\u\+-;-~ O'~S~ -tnra- ~ I.)~ ~e.. -i3rIK.~IO()e. re..-J ~a&\~C~~)?3(,~ir"\j~/~6 \an~ 'Y~. I I 8. 1-. I I I I . Site Size: ;2,. q ,"1-0 \ . Sq. Ft. I .(oe> Acre(s) Square footage per building: '. \1 LoBO 'j(b~ ~.~~ ~-t 10. Number of floors of construction: fY\t.J . 11. Amount of off-street parking provided: -f00.(~f'\ 12. Proposed schedulin{;1 of project: ~-t Q)<J~<<'. -. ('()afi/Y)be..f Z.CO~ I I II I 15. I I I I I ~ 13. Associated projects: ~ ~,~d 14. Anticipated incremental development: ~ Snti(.,\~d If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household sizes expected: ~ ~9 \ ;ca'ot.e.- 16. If commercial, indicate the type, Le. neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, hours of operation:. """'L. r>.. _.1- "1'he-~~ ....;,\\. ~ ~ r-.e,i~h\:XY-hocxlJ ~,\\ v--&.>e.our~U6re.~' of. sa\es ~. ~ '~P(!)~ -\-0 'ce.. o:l?.n 2...'-\ ~ @d~. A \oad" ~ ~\\ ~ ~ '\f\d..Jac. O{\ ~ 'S11e- 1'16v\) per- Cit<A ~<::, . 17. If industrial, indicate type, estimated emproyment pelilhift, and loading facilities: ' t0o+ ~\ i ca'de.. . 18. If institutional, indicate, the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ~ ~\;~'cLa.. 19. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is. required: Ie ~~~ ~(t)~a-t '....:l.\\ t"eqJ JiK ~ Ccnd;+icY'1a\ L)6e- ~r>--1It' '?0' ::x.c..1-'on ',"2..15.\ .::."'. ~ Cl..f-l-V\e. c"-+o ok Ar'c:€Id'ld 2.o{'i0j epd€... , Envlronlnfoform -2- 4/01 I 20. Are the f~lIowing items applicable to the project or its effects? . checked yes (attach additional sheets as necessary). I lliNO" o IXI 21. 1 i - . ' I I I I I I I~ I 0 I I I I I ~ I- I o~ . 0 fll 0181 o~ o~ o ~ oa o ~ D1;a CJ~ o&) Discuss below all items Change in existing features of any hills, or substantial alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or roads. 23. . Change in pattern, scale or character of general area of project. 22. 24. 25. 26. 27. Significant amounts of solid waste or litter. Change in dust. ash, smoke, fumes or odors in vicinity. Chan-ge il) ground water quality or quantity, or alteration of existing drainage patterns. Substantial change in existing noise or vibration levels in the vicinity. 28. ' Is site on filled land or on any slopes of 10 percent or more? 29. 30. 31. 32. 33. Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives Substantial change in demand for municipal ~ervices (police, fire, water, sewage, etc.) Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.) Relationship to a larger project or series of projects. Has a prior environmental impact report been prepared for a program, plan, policy or ordinance consistent with this project? o ~ 34. If you answered YES to question no. 33, may this project cause significant effects on the environment that were_ not examined in the prior ElR? Environmental Settina Describe (on a separate sheet) the project site as it exists before t!'1e project, including information on topography, soil stability, plants and animals, any cult.ural, historical or scenic aspects. Describe any -existing structures on the site, and the use of the structures. Attach photographs of the site. (Snapshots or Polaroid photos will be accepted.) 35. Envfro"lnfoForm -3- 4/01 I \ . . I 36. - I I I ! I \ I II I I I I I I --j I- I . EnlllronlnfoFo"" Describe (on a separate sheet) the surrounding properties, including information on plants; animals, any cultural, historical or scenic aspects. Indicate the type of land uses (residential, commercial, etc.), intensity .of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yards, etc.). Attacl1 photographs of the vicinity. Snapshots or Polaroid photos will be accepted. . Certification I hereby certify that the statements furnished above and in the attached' exhibits present the data and information required for this initial evaluation to the)est of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date 6/ \"~ J 01- >/ .' UIV\~~ ..JY\J v' I (Signature) , For b? ~ c.oo~ ~-ts -4- .4/01 f~ FRED FIEDLER AND ASSOCIATES 2 3 2 2 W. T h i r d S t r e e t. Los An gel e s. C a Ii for n i a 9 0 0 5 7 - 1 9 0 6 Telephone: 213/381-7891 Fax: 21'3/381-1517 E-Mail: FFA@FFA.com May 13, 2002 Subject: Proposed ARCO #1592 5 W. Foothill Boulevard Arcadia, CA Attachment to Environmental Information Form The following are responses to questions 29, 35, and 36 on the Environmental Information Form: e 29. The proposed project is a fueling facility and will involve dispensing and storage of gasoline. The proposed project will rneet or exceed all applicable City, State, and Federal standards regarding fueling facilities and will require an Underground Storage Tank Permit, an Air Quality Permit, and a non-significant or mitigated non- significant CEQA determination prior to any development. The current site is fully- developed with an ARCO fueling facility, which is allowed with a permit in the current zoning. 35. The project site is currently fully developed with an ARCO fueling facility. The topography is fairly flat and there are no knoWn concerns regarding soil stability. The plants on site are contained within planters. There are two oak trees in the vicinity, one of which will remain and the other will be removed per the recommendation of Certified Arborist cy Carlberg and City Staff. The oak tree to remain will thrive under the proposed design (see enclosed Arborist Report). The site is not used as a wildlife corridor, as it is fully developed and the only animals observed on-site were birds in the oak tree to remain. There are no known cultural, historical, or scenic aspects involved with this project. Existing structures on-site include two canopies with eight dispensers each (total of sixteen fueling positions), three service lube bays, and a small convenience store pay area. e 36. The uses directly adjacent to the project site are as follows: north-church parking lot, west-vacant commercially zoned lot, south-Foothill Boulevard, east-Santa Anita Boulevard. The surrounding ,zoning is as follows: north-P R-O Automobile Parking and First-One Family, west-C-2 Commercial, south- C.2 General Commercial, east- C-2 General Commercial. The community is comprised of multi-family areas, a church, and commercial businesses and is fully-developed with mostly single story buildings. There are no known cultural, scenic, or historic aspects affecting this area. Existing plants and ~nim"ls are typical of those found in developed areas (i.e. . e e ARCO #1592 5 W, Foothill Blvd. Arcadia, CA squirrels, birds, etc.) and will not be significantly affected by development of a fueling facility, due to the existing fueling facility on site. 2 - e e l1l1OHi307 ARCO/BP Facility 1592, 5 W. Foothill @ Santa Anita, Arcadia, CA ~'. ..J-':~ DscO0036.jpg ~~~'[:, a,~ Dsc00037.jpg P>ge 18 - e - 111701-6J07 ARCO/BP Facility 1592, 5 W. Foothill @SantaAnita,Arcadia, CA ~ .~fl __~:~~~~~--,-,r~-'~~ ",':/ "':, ~~:;.~..;-= --~ (.;,;.!',:~ c;:<-" -,>' "~" ',,'~ -"'-_'c. .,,"1. DscO0038.jpg ~~ . ' DscOO039.jpg -.-----. i I .- - .-~- i" .... -.' ':.~ ,-;~; l,l' Page t. - e e l1l701-63Cl7 ARCO/BP Facility 1592, 5 W. Foothill @ Santa Anita, Arcadia, CA -- --- 06 FR.."S ."'J c:"-,-~. _ -- -.--- ~~~-=-- ,:- ,r'- __"'0 =--=- ~--..;~---- .., , -- DscOOO4O.jpg ~ , " , ., -...,-.,.-.....,. oj". " . Dsc00041.jpg Page 20 . I - 111101-6301 ARCO/SP Facility 1592, 5 W. 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