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HomeMy WebLinkAbout1670 .\ !' - ~ - RESOLUTION NO. 1670 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. 2002-002 TO SELL BEER AND WINE FOR OFF- PREMISE CONSUMPTION AT AN EXISTING DRIVE-THROUGH RETAIL BUSINESS AT 341 EAST FOOTHILL BOULEVARD. WHEREAS, on March 11, '2002, a conditional use permit application was filed by Arcadia Realty, L.L.C., on behalf of the property owner, Mona S. P. Eremita, to sell beer and wine for oft-premise consumption at an eXisting drive- through retail business (d.b.a. Alta Dena Dairy) that currently sells dairy products and related merchandise from 8:00 a.m. to 8:00 p.m., seven (7) days a week (Development Services Department Case No. C.U.P. 2002-002) at property commonly known as 341 East Foothill Boulevard; and WHEREAS, a public hearing was held on April 23, 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 Department in the attached report, dated April 23, 2002, is true and correct. SECTION 2. This Commission finds for the reasons set forth in the above report: 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 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, and all yards, spaces, walls, fences, parking, loading, landscaping and other features are adequate to adjust said use with the land and uses in the neighborhood. . 1670 - ft -- 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. 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 before 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 Negative Declaration was approved. SECTION 3. That for the foregoing reasons this Commission grants Condition Use Permit 2002-002, to sell beer and wine at the subject location for off-premise consumption upon the following conditions: 1. That the hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. 2. The existing freestanding sign, which is oversized and in need of repair, shall be removed and replaced with a new, lower profile monument sign that shall not exceed a maximum height of 6'-0" and a maximum sign area of 50 square feet per sign face. The existing freestanding sign shall be removed on or before June 21, 2002, and the plans for the new monument sign shall be subject to the review and approval of the Development Services Director. 3. Any vending machines or ice coolers shall be within the building. 4. Approval of C.U.P. 2002-002 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form that is available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. 5. Noncompliance with the provisions and conditions of this conditional use permit shall constitute grounds for its immediate suspension or revocation of said permit. 2 1670 e e e 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 proceedings 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 provisions 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 attomey 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 Planning Commission's action of April 23, 2002, and the following vote: AYES: Commissioners Baderian, Murphy, Olson NOES: None ABSENT: Commissioners Huang and 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 ofthe City of Arcadia. 3 - ]670 e e - I HEREBY CERTIFY that the forgOing Resolution was adopted at a regular meeting of the Planning Commission held on May 14, 2002 by the following vote: AYES: Commissioners Baderian, Huang, Murphy, Olson, Kalemkiarian NOES: None ABSENT: None / LSecretary, Plannin City of Arcadia APPROVED AS TO FORM: ~0.~ Stephen P. Deitsch, City Attomey City of Arcadia n, Planning Commission rcadia 4 1670 STAFF REPORT April 23, 2002 Development Services Department TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: Corkran W. Nicholson, Planning Services Manager SUBJECT: Conditional Use Permit No. 2002-002 SUMMARY I The subject of this staff report is a request fora new conditional use permit to sell beer and wine for off-premise consumption at a drive-through retail business (d.b.a. Alta-Dena Dairy) and to retain its .existing non-conforming freestanding sign at 341 East Foothill Boulevard. e The Development Services Department is recommending approval of the conditional use permit to sell beer and wine at the subject location for off-premise consumption, and, denial of the non-conforming sign subject to the conditions in this staff report. GENERAL INFORMATION APPLICANT: Arcadia Realty L.L.C. (on behalf of the property owner, Mona S.P. Eremita) LOCATION: 341 East Foothill Boulevard REQUEST: A conditional use permit to sell beer and wine at an existing drive- through retail business, for off-premise consumption, and to retain an existing non-conforming freestanding sigh at the subject location. LOT AREA: 6,146.68 sq.ft. (0.14 acres) FRONTAGE: 41.14 feet along Foothill Boulevard EXISTING LAND USE & ZONING: e The site is developed with a singe-story commercial building (constructed in 1962), and is zoned C-2 (General Commercial). e e e SURROUNDING LAND USE & ZONING: North: South: East: Single-family residential; zoned PR-1 and R-1 General Commercial uses; zoned C-2 A parking lot; zoned C-2, and an office building that is in the City of Monrovia General Commercial uses; zoned C-2 West: GENERAL PLAN DESIGNATION: The site is designated as Single-Family Residential 0-6 dwelling units per acre. , BACKGROUND INFORMATION The subject building with its drive-through service area was constructed in 1962, by Adohr Dairy Farms, Inc. for the purpose of selling dairy products and related merchandise. This business was established prior to the requirement of a conditional use permit for drive-in businesses, which became effective in 1968. Our records' indicate that the original drive-through business operated until March 2000, at which time the building became vacant, and was a property maintenance issue. On June 26, 2001, the Planning Commission granted Conditional Use Permit (C.U.P.) 200'1-012 to allow the applicant to reopen the drive-through business subject to providing various site improvements, which included the rehabilitation of the existing 650 sq.ft. building, removal of the site's non-conforming freestanding sign, repairing the on-site drive-through and parking areas, and repainting the perimeter walls. Such improvements have been completed with the exception of removing the freestanding sign, and are noted on the submitted site plan. PROPOSAL The applicant is requesting a conditional use permit to sell beer and wine for off- premise consumption, and to retain an existing non-conforming freestanding sign for the site's drive-through business, which currently retails dairy products and related merchandise. Their current business hours are 8:00 a.m. to 8:00 p.m., seven days a week. Municipal Code Section 9275.1.53.6 requires a retail business to obtain a conditional use permit to sell alcoholic beverages for off-premise consumption when located less than 150 feet from residentially zoned property. The C,U.P. 2002-002 April 23, 2002 Page 2 e e e neighboring properties that are directly north of the subject property are zoned PR-1 and R-1; therefore, approval of such a permit is required for the applicant's proposal. The applicant's current conditional use permit (C.U.P. 2001-012) requires the removal of the site's freestanding sign, as set forth in the following condition of approval: "3. The existing freestanding sign, which is oversized and in need of repair, shall be removed and replaced with a new, lower profile monument sign that shall not exceed a maximum height of 6'-0" and a maximum sign area of 50 square feet per sign face. The existing freestanding sign shall be removed prior to the occupancy of the building, and the plans for the new. mOl)ument sign shall be subject to the review and approval of the Dev,elopment Services Director." The freestanding sign has not been removed because the applicant wishes to pursue this issue because it is more cost-effective to retain the existing sign than to replace It with a new monument sign. No other sign age is being proposed at this time. The applicant has informed staff that existing drive-through retail business only requires two to three employees at any time. The business hours are from 8:00 a.m. to 8:00 p.m., seven days a week. On-site parking consists of 3 spaces, which in staffs opinion is adequate since the number of employees for the business would be minimal, and that any walk- in business should be incidental to the primary drive-through service. On-street parking is also available. ANALYSIS It is staffs opinion that the proposed sale of beer and wine will not adversely affect the subject area including the neighboring residential properties to the north of the site provided that the current business hours are maintained. The Police Department has reviewed this request, and informed staff that there is no record of criminal problems at the subject location. In addition, they have no objections to the issuance of the requested C.U.P. In response to the applicant's request to retain the existing freestanding sign, staff supports the removal of the sign as required by C.U.P. 2001-012. Staff C,U.P.2002-002 April 23, 2002 Page 3 e e e feels that the oversized sign, which is still in need of repair (see the attached photo), should be removed and replaced with a new, lower profile monument sign that would not exceed the current code requirements, and therefore would be visually proportionate in reference to the subject property. 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. When considering the record as 11 whole, there is no evidence that the proposed project will have any potential fOlr an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared for this project. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit No. 2002-002 and denial of the applicant's request to retain the existing freestanding sign subject to the following conditions: 1. That the hours of operation shall be limited to 8:00 a,m. to 8:00 p.m. 2. The existing freestanding sign, which is oversized and in need of repair, shall be removed and replaced with a new, lower profile monument sign that shall not exceed a maximum height of 6'-0" and a maximum sign area of 50 square feet per sign face. The existing freestanding sign shall be removed on or before June 21, 2002, and the plans for the new monument sign shall be subject to the review and approval of the Development Services Director: . 3. Any vending machines or ice coolers shall be within the building. 4. Approval of C.U.P. 2002-002 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form that is available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. 5. Noncompliance with the provisions and conditions of this conditional use permit shall constitute grounds for its immediate suspension or revocation of said permit. C.U.P. 2002-002 April 23, 2002 Page 4 PLANNING COMMISSION ACTION e Approval e e If the Planning Commission intends to approve this conditional use permit application, the Commission should move to approve and file the Negative Declaration, and direct staff to prepare a resolution which incorporates the Commission's decision, specific findings and conditions of approval as set forth in the staff report, or as modified by the Commission. 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 which incorporates the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions regarding this application prior to the scheduled public hearing, please contact Corkran-W. Nicholson at (626) 574-5422. /) ,PAd by: . /~ J.J. :izftP'd~&~- . Donna L. Butler Community Development Administrator Attachments: Land Use & Zoning/Aerial Photo Sign Photo Negative Declaration & Initial study Site Plan C.U.P. 2002-002 Apri123,2002 Page 5 ~ i' N 0 50 r. 1 I l ScaJe:1"=100' ~ ~ 341 E Foothill D Arcadia IR-2!1Zone ;. lits ~ent SelVlces Deparlment _ngineering Division Fn1paed by: R.SGOftZaIe2. MFI. 2002 34],1 E f((j)((j)fffnoUU /BU COJJfJ 2@@2c(G(o)2 (1139) (1140) ~ (1135) (1138) -- N (1131) (1130) 50 0 50 100 150 Feet . . B} (3t17D) (11 Z7) _;1"100' (1126) '1 A} (307e) (1123) >- (1122) ~ ~ (1119) ~ (1118) ~ € S .-0 (1115) (1114) C ~ Co) (1111) ~ (t110) oq: I .... ~ r i: 107} ::: ~ :::: ~ LL: 319} ::::;: ~ 321} : t:IDfll 317} /3231 (333) 1001 ... " . , FOOTHILL BLVD "- , " (3D6) (310) (312) (314) (3 0) (322) (324) (328) (332) (335) (UD) (350) (424) (342) . (344) ::::.. (301) (311) /3151 (31T) (321) (32 35) (339) (343) (351) (355) oq: LAUREL AV I ~ I LI... 1fs . ~., 341 E Foothill BI De_ent Sel'ices Department gineering DiviSion CUP 2002-002 i'repMldby: RIl.G_ ~, 2002 Co ~. ""OaA'llt'O" - , I ( ----------, I V'~?.I'p' ~ -l~"~;>' . . '.', # <<<.'. ~..... .. '\ r / \ / r: I --:' l -c-- '--~~e , ~.~ ,/ -"~I- ~)!~jf -- ~I !fIT I . ' '1,1 'l;~\ ,"~t~:' ~ to I f <:d'il J-1'V /., "j/"7~'! I' . -.1' '. ": . :;;;~.,..] l:::oa II;;~ _,- ~ .#..j; I ~ "~ I.~.' _I'" . . >. it. 'I~JIlI~ ~- I. I: J'" . -,' I ~,~,{,,~: " '1"" '.l ~;,.. '. ", I ,/ ,A1io1 "" " ' tf,t[!J fe,.--:.I.. , I;~~'~; 1::::'''-' ". ,', ~I ' ~I"- .-.{ - - - ~'J"t"~"> ~~,~. ' =<1'- , , " ,. ~- --,~.. ,"'- ~ ,- .'..OIIfO",-I.'\ ~---.:--- e AL TA-DENA DAIRY 341 E. Foothill Blvd Arcadia, CA 91006 e e e e File No.: C.U.P. 2002-002 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION A. Title and Description of Project: Conditional Use Permit 2002-002: The applicant is requesting a new conditional use permit to sell beer and wine fur off-premise consumption at a drive-through retail business (d.b,a. Alta-Dena Dairy) and to retain an existing non-conforming freestanding sign, I B. Location of Project: 341 East Foothill Boulevard Arcadia, CA 91006 C. Name of Applicant, Sponsor or Person Undertaking Project: Applicant: Arcadia Realty L.L.C. (on behalf of the property owner, Mona S.P. Eremita) The City Council 0 Planning Commission 0, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to t~e public meeting of the City Council, InclUding the recommendaiton of the City's staff, does hereby find and declare that the proposed project will not have a siginificant effect on the environment A brief statement of the reasons supporting the City Council's findings are as fullows: The City Council 0 Planning Commission 0, hereby finds that the Neg!itive Declaration reflects its independent judgement A copy of the Initial Study may be obtained at: Community Development Division City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 (626) 574-5423 The location and custodian of the documents and any other material which constiture the record of proceedings upon which the City based its decision to adopt this Negative Declartion are as fullows: Community Development Division City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 (626) 574-5423 Date: Date Posted: Corkran W, Nicholson Staff 4/02 (i) ENVIRONMENTAL CHECKLIST FORM e I. Project Title: Conditional Use Permit No. 2002-002 2. Lead A.gency Name and Address: City of Arcadia Development Services Department Community Development Division I Planning Services 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066-6021 3. Contact Person and Phone Nnmber: Corkran W. Nicholson at (626) 574-5422 4. Project Location: 341 East Foothill Boulevard, Arcadia, CA 91006 5. Project Sponsor's Name and Address: Arcadia Realty L.L.C. 341 East Foothill Boulevard Arcadia, CA 91006 6. GeneJ'l11 Plan Designation: Commercial I 7. Zoning: C-2 8. Description of Project: (Describe the whole action involved, including but uot limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.): A Conditional Use Permit to sell beer and wine for off-premise consumption ala drive-through retail business (d.b.a. Alta-Dena Dairy) and to retain an existing non-conforming freestanding sign. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) North: South: East: West: A single-family residential dwelling; zoned PR-I General commercial uses; zoned C-2 A parking lot; zoned C-2 An office building; zoned C-2 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): The Arcadia Police Department, and Alcohol Beverage Control Department of the State of California will review the proposal for compliance with,all applicable requirements. e CITYIRVPUB120002002l546265 FORM"Y' Page I of4 e e e 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 Agriculture Resources Air Quality Biological Resources . Cultural Resources Geology / Soils Hazards & Hazardous Hydrology / Water Quality Land Use IPlanning Materials Noise Population / Housing - Mineral Resources Re.creation Transportation / Traffic Public Services Mandatory Findings of Utilities / Se,rvice Systems Significance ) DETERMINATION (To be completelI by the Lead Agency): On the basis of this initial evaluation: ~nd that the proposed project COULD NOT have a significant effect on the environment"and a NEGATIVE DECLARATION will be prepared. [] I find that although the proposed project could have a significant effect on the environment, there will not be iI significant effect in this case because revisions'in the project have been made by or agreed to by the project proponent. A MlTIGA TED NEGATIVE DECLARATION will be prepared. o 'I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o 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 IMP ACT REPORT is required, but it must analyze only-the effects that remain . to be addressed. [] 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.slandards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or ;tration 1:~s,ur1les ~a, ar,.:::ed upon the proposed project, nothing further is required. L:m.IwtM W itW\u.w\ 3127/2002 Signature Date Corkran W. Nicholson Printed Name CITY OF ARCADIA For CITY IR VPUB120002002l546265 FORM"!" Page 2 of4 e e e 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 parentheses 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 th.e lead agency has determined that a particular physical impact may occur, then the checkli~t 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. XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA 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, which 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 substantiated. CITYIR VPUB12002l31378S FORM uJ" Page 3 of4 e . e 7) Supporting Information Sources. A source list should be attached, and other sources used 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 form this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanatio~ of each issue should identify: a) the significance 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 significance. CITY /R VPUB120021313 785 FORM"J" Page 4 of 4 e I e FileNo: C.U.P. 2002-002 Issues: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the' existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Any exterior improvements will be required to compfy with local architectural standards and illumination limits, and will not result in .any of the ahove impacts. n. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? CITYIRVPUB120002002/546265 I Poteotially Significant Impact Less Than Significant With Mitigation lncorporated Less Than Significant No Impact Impact x x x - x - x x FORM "J" e . e File No: C.U.P. 2002-002 Issues: c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The proposal is for a commercial use, which is consistent with the neighboring commercial development, and will not result in any of the above impacts in reference to agricultural resources. m. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make 'the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 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)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? The primary drive-through retail business is existing and is in accordance with City codes and subject to local air quality regulations as administered by the South Coast Air Quality Management District which should prevent any impacts relative to the above items (a) andlor (b). There are no exterior improvements proposed that would result in an alteration to air movement, moisture or temperature, or cause a change in climate. No objectionable odors have been associated with the proposed use. The request to allow the sale of alcoholic beverages will not create any additional impacts to air quality. CITY IR VPUB120002002/546265 2 PotentinIly Significant Impnct Less Than Significant With Mitigation Jocorporaled - Less Than Significant No Impact Impact x x - x - x x x FORM "J" e . e File No: C.U.P, 2002-002 Issues: IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, 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 California Department ofFish and Game or U.S. Fish and Wildlife Service? b) Have a substantial aOverse effect on arty riparian habitat or other sensitive natural community identified in local or region~l plans, policies, and regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defmed by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal poo~ coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) J nterfere 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? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the proVISIons of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The drive-tbrough retail business is located in a developed area along Footbill Boulevard, and is consistent witb the neigbboring commercial development. The proposal, if approved, will not result in any of tbe above impacts in reference to biological resonrces. CITY IR VPUB120002002/546265 3 Potentially Significant Imp.ct Less TIwn Significant With Mitigation IncolJlorated - - Less Tbno Significant No In,p.ct Impact x x x x x x FORM "J" e File No: C.U.P. 2002-002 Issues: V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defmed in 9 l5064.5? b) Cause a substantial adverse change in the significance ofan archaeological resource pursuant to 9 l5064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? , d) Disturb any human remains, including those interred outside of formal cemeteries? The drive-through retail business is located in. a developed area along Foothill Boulevard, and is eonsistent with the neighboring commercial development. The proposal, if approved, will not result in any of the above impacts in reference to cnltural resources e 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: e 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 Special Publication 42. ii) Strongseismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iiii) Landslides? CIT'{~VPlnBI20002002l546265 4 Potentially Significant Impact Less Than Significant With Mitigation Incorporated - Less Than Significant No Impact Impact x x x x x x x x x FORM"]" e . e File No: C.U.P. 2002-002 Issues: b) Result in substantial soil erosion or the loss oftopsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial risks to life or pl'Qperty? I 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? Wbile this entire region Is subject to tbe effects of seismic activity, tbe subject location bas not been determined to be especially susceptible to any of the above geological or soil problems. 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? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? CITY IR VPUB120002002l546265 5 Potentially Significsnt Impact - - Less Than Significsnt With Mitigation Incolporated Less Than Sigoilicant No Impact Impact x x x x x x - x FORM "J" e , e File No: C.U.P. 2002-002 Issues: d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, wh.ere 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? t) For a project within the vicinity ofa private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk ofIoss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intennixed with wild lands? The drive-through retail business is located in a developed area along FoothiU Boulevard, and is consistent with the neighboring commercial development. No e~sting sources of potential health hazards have been identified at the subject property. vm. HYDROLOGY AND WATER QUALITY. Would the project: n) Violate any water quality standards or waste discharge requirements? CI1l(nt\'PlTBI20002002l546265 6 Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant No Impact Impact x ~ x x x x x FORM "J" File No: C.U.P. 2002-002 Less Than Issues: Significant Potentially With Less Than e Significant MitigaUoo Significant No Impact Impact Incorp<>ratcd Impact b) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volwne 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 pattern of the X site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? , ) d) Substantially alter the existing drainage pattern of the X 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, which would result in flooding on- or off-site? e) Create or contribute runoff water Which would exceed - - - X I the capacity of existing or planned stonn water drainage systems or provide substantial additional sources of polluted runoff'? f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? X i) Expose people or structures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure ofa levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X The applicant's proposal, if approved, would not result in any of tbe above impacts. e CITY IR VPUB1200020021546265 FORM"]" 7 e I e File No: C.U.P. 2002-002 Issues: IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 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 fffect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The existing drive-through retail business is currently under an approved conditional use permit and is consistent with the general plan and zoning designation for the area. The requested use permit is a permit process to establish specific conditions, if deemed necessary, for the consideration of such a use within the City of Arcadia. The permit, if approved, will not affect existing land uses or general plan designations. The operation of the business is subject to all other environmental plans or policies adopted by agencies with jurisdiction over this area. There are no agricultural resources or operations in the vicinity. X.MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral 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? None of the above impacts have been associated with the subject business. No mineral resources are known to exist at the site. CITY IRVPUB120002002/546265 8 Pqtentially Significant Impact Less Than Significant With Mitigation Iocorporated ~ Less.Than Significant No Impact Impact x x x ~ x x FORM "J" e I e File No: C,U.P. 2002-002 Issues: 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? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A ~ubstantial penn anent increase in ambient noise levels in the project vicinity above levels existing without , the project? I d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 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? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in dIe project area to excessive noise levels? The drive-through retail business is located in a developed area along Foothill Boulevard, and is consistent with the neighboring commercial development. None of the above impacts have been associated with this location or the proposed use. Should any problems arise however, compliance with noise regulations will prevent any unreasonable noise levels. xn. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? C!Ti(/RVPtrBI20002002lS4626S 9 Potentially Significant Impact Less Than Significant With Mitigation Incorporated - LessThsn Significant No Impact Impact x x x x x x x FORM "J" e e e File No: C.V.P. 2002-002 Issues: 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? Under a new conditional use permit the proposed use would be consistent with the general plan and zoning designations for the area and will not impact the population or housing. XIII. PUBUq SERVICES. WoulcHhe project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? The subject use is consistent with the planned uses for the area and will not result in any of the above impacts. XIV. RECREATION. Would the project: CITY IR VPUB/20002002lS4626S' 10 Poteotially Significant Impact LessThnn Significant With Mitigation Incorporated ~ LessThnn Significant No Impact Impact x x x x x x x FORM"]" e , e File No: C.U.P. 2002-002 Issues: 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, which have an adverse physical effect on the environment? The drive-through retail business is located in a developed area along Foothill Boulevard, and is , consistent 'Tith the neighboring commercial development. The proposal, if approved, will not resolt in any of the above impacts. XV. TRANSPORTATION I TRAFFIC. Would the project: a) Cause an increase in traffic, which 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 roads 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 increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? CITY /R VPUB/20002002l546265 11 Potentially Significant Impact - Less Than Significant Willi Mitigation Incorporated Less Than Significant No Impact Impact x x x x x x x x FORM"]" r e I e File No: C.U.P. 2002-002 Issues: g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The sale of alcoholic beverages for off-premise consumption will not change the current operation of the business, which has oot beeo associated with such impacts. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: , a) Exceed wJstewater treatment requirements of the applicable Regional Water Quality Control Board? 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 environmentai effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water 'supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? CITY IR VPUB120002002/546265 12 Potentially Significant Impact - Less Than Significant Willi Mitigation Incorporated Less Than Significant No Impact Impact x x x x x x x FORM "]" v e . e FileNo: C.U.P. 2002.002 Issues: g) Comply with federal, state, and local statutes and regulations related to solid waste? The sale of alcoholic beverages for off-premise consumption will not change the current operation of tbe business, which has not been associated with such impacts. XVII. MANDATORY SIGNIFICANCE FINDINGS OF a) Does the project have the potential to degrade the quality of th4 environment, substantially reduce the habitat or a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate. a plant or animal community, reduce the numher or reslrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 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 project, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? The sale of alcoholic beverages for off-premise consumption will not change the current operation of the bUSiness, which has not beeo associated with sucb impacts. CITY IR VPUB120002002l546265 13 Potentiolly Significant Impact '" - Less Than Significant Willi Mitigation Incorporated Less Than Significant No Impact Impact x '" x x x FORM "]" File No. (' JJ.f d-VOd-. - ~ .. e CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 (626) 574-5400 j:NVIRONMENTAL INFORMATION FORM Date Filed: General Information - 1. Name and address of developer or project sponsor: ~(A-1\11'l ''DfHA'( ('o~ol<R-'"1/i.1AJ 3 Ln ~ E. --F vrrt J,.( 1 l..l.- u6"V ') ':J) ~_ c.,q-3> 1..fJ . c..q::),. '}I '0'<:> 6 2. Address of project (Location): ~ -A-fl. bY i: Name, address and telephone number of person to be contacted concerning this project: ~ ~ Me. ~? ~.Av~, ~ ~I~I P~GlAktl~It'.A, "U11L- _~1.t,-~I30 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: 5. 6. ZOlling: C-t. General Plan Designation:-'Pt-nrl\&lxc,\n,\ Proiect ,DescriDtlon 7. Proposed use of site (project description): A-I'fl I ct4--r, C)~ 10~ fb~ ~N..j) CNrf r= OFF-- S R- <E .: Site Size: (;, I Sl) Sq. Ft. I I Acre(s) Square footage per building: ~15 10. Number of floors of construction: ~rL 11. Amount of off.street parking provided: 1:J\V":th 12. Proposed scheduling of project: O?~'l"l (10\1" 13. Associated projects: ~pf\L 14. Anticipated incremental development: .s. ~JV\ new If residential, 'include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household sizes expected: - 16. If commercial, indicate the type, Le. neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, hours of operation: V('''/~.''''' f-:n'(I"J'}h '('(..}(M' S~~.,C; 17. If industrial, indicate type, estimated employment per shift, and loading facilities: - 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: - 19. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is required: e CuU;\'(~-(~~ ~t",,0\1,.. EnlllronlnfoForm -2- 4/01 20. Are the following items applicable to the project or its effects? Discuss below all items . checked yes (attach additional sheets as necessary). ~ES NO o Ii 21. o ~ 22. o I:l 23. o ~ 24. o fiI 25. o ~ 26. 0 I:ia 27. 0 ~ 28. ~ ~ 29. 0 Qa 30. 01:>> 31. 0 ca 32. 0 IJa 33. 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. Change in pattern, scale or character of general area of project. Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in vicinity. I Change in ground water quality or quantity, or alteration of existing drainage patterns. Substantial change in existing noise or vibration levels in the vicinity. Is site on filled land or on any slopes of 10 percent or more? Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives Substantial change in demand for municipal services (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 ErR? Environmental Settina ' Describe (on a separate sheet) the project site as it exists before the project, including information on topography, soil stability, plants and animals, any cultural, 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. e EnvlronlnfaForm -3- 4101 .s. 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.). Attach 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 best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date , {~, ~~a 8?7U4r/. (Signature) " For M(~PIf\ .fif\I~Y ,e:,t<.f'6~f}''.O~ . e EnvlrtlnlnloForm -4- 4/01 e . e Environmental Settin!:l 36. Existing site has not changed since original business activity which ceased recently. No topography changes are planned. Soil stability is nota factor. Entire parcel is paved. Plants and animals are not native to the parcel. There are no significant cultural, historic, or scenic aspects. There is one existing structure on the site which is to remain. The existing structure will be used for retail sales as existed prior to recent closure. 37. Surrounding properties are all existing developments. There is no known specific aspect as to plants, animals, culture, ) historic or scenic characteristics. Surrounding land use is as existing: commercial on the west, east and south; residential on the north. No significant changes are planned for the existing development other than normal and customary rehabilitation to the existing building, drive, and parking, and the addition of a landscaped planning bed at the front. Please refer to the Descriptive that accompanies this application.