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HomeMy WebLinkAbout1666 (2) e . . RESOLUTION NO. 1666 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 02-007 AND APPROVING ARCHITECTURAL DESIGN ~EVIEW NO. ADR 01-051 TO EXPAND AND REMODEL AN EXISTING GROCERY STORE TO A TOTAL SIZE OF 44,700 SQUARE FEET, TO CONTINUE SELLING ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION, AND TO BE OPEN FOR BUSINESS 24-HOURS A DAY AT 1101 W. HUNTINGTON DRIVE, WHEREAS, on April 10, 2002, an application was filed by Ralphs Grocery Company to remodel and expand by approximately 13,000 square feet the existing grocery store to a total size of approximately 44,700 square feet, to continue selling alcoholic beverages for off-site consumption within 150 feet of residentially zoned property, and to extend the business hours to 24 hours a day from the current hours of 6:00 a.m. to 1 :00 a.m.; Development Services Department Case Nos. CUP 02-007 and ADR 01-051, at 1101 W. Huntington Drive, more particularly described as follows: Lot 2 of Parcel Map 20022, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in the Office of the County Recorder of Said County. WHEREAS, a public hearing was held on May 28, 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 May 28, 2002 is 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. e . . 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 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 Permit will oot adversely affect the comprehensive general plan. 6. That the evaluation of the environmental impacts as set forth in the Initial Study are 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, therewas 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 adopted. SECTION 3. That for the foregoing reasons this Commi.ssion grants Conditional Use Permit No. CUP 02-007 and approves Architectural Design Review No. ADR 01-051 to remodel and expand by approximately 13,000 square feet the existing grocery store to a total size of approximately 44,700 square feet, to continue selling alcoholic beverages for off-site consumption within 150 feet of residentially zoned property, and to extend the business hours to 24 hours a day from the current hours of 6:00 a.m. to 1 :00 a.m. at 1101 W. Huntington Drive, subject to the following conditions: 1. The grocery store 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 02-007 and/or ADR 01-051. 2. An exterior lighting plan shall be submitted for review and approval by the Development Services Director. -2- 1666 . . . 3. If it is determined to be necessary, on the basis of complaints from . surrounding residents, the Development Services Director may require a noticed public hearing, to be paid for by the owner and/or operator of the grocery store, for the consideration of imposing restrictions on delivery and maintenance activities, and/or the consideration of specifying and reducing the business hours. 4. The street trees in the Sunset Boulevard and Huntington Drive rights-of- way adjacent to the grocery store site shall be retained or replaced as determined to be necessary, and any changes shall be provided to the satisfaction of the Public Works Services Director. 5. The driveways shall be changed as recommended by the traffic study to the satisfaction of the City Engineer. 6. The construction plans shall include grading and drainage plans, and a separate erosion control plan, both to be prepared by registered civil engineers and subject to approval by the City Engineer. Cost estimates for any public improvements shall be submitted to the City Engineer for approval. 7. If it is determined that a sidewalk per City standards is to be provided along Huntington Drive between Sunset Boulevard and the existing driveway on Huntington Drive in conjunction with this project, a sidewalk shall be provided to the satisfaction of the City Engineer and Public Works Services Director. 8. The final landscaping and irrigation plans are subject to approval by the Community Development Administrator. 9. The size, scale, scope and design of any incidental uses, including, but not limited to, sales of alcoholic beverages, financial services, eating establishments, coffee bars, dining facilities, et cetera, shall be subject to approval by the Community Development Administrator. 10. The method for highlighting the pedestrian paths-of-travel shall be subject to approval by the Community Development Administrator. 11. Accenting of the driveways (e.g., stamped, scored and/or colored concrete) shall be provided subject to the approval of the Community Development Administrator. -3- 1666 . , . . . 12. A Hold Harmless Agreement for any and all private improvements in a public right-of-way shall be provided subject to approval by the City Engineer and City Attorney. 13. 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 ofthe 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. 14, Noncompliance with the plans, provisions and conditions of approval for CUP 02-007 and/or ADR 01-051 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. 15. Approval of CUP 02-007. and/or ADR 01-051 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of 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 expanded grocery store. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of May 28, 2002. 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. -4- 1666 . . . I HEREBY CERTIFY that this Resolution No. 1666 was adopted at a regular meeting of the Planning Commission held on May 28, 2002 by the following Vote: AYES: NOES: ABSENT: ATTEST: , .. Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: Stephen P.Deitsch, City Attorney City of Arcadia Chairman, Planning Commission City of Arcadia -5- 1666 . . MEMORANDUM Demopmmt Sav:ia:s Department May 28, 2002 TO: Arcadia City Planning CO!l1mission FROM: Donna L. Butler, Community Development Administrator~ By: James M. Kasama, se~ior Planne~ . SUBJECT: Agenda Item Nos. 2 and 9 - Additional and revised conditions of approval. For Agenda Item No.2, the City Attorney has advised that the following two conditions of approval need to be added: . 1. Covenants, Conditions and Restrictions (CC&Rs) containing provIsions for property maintenance in accordance with the City's Property Maintenance and Nuisance Abatement Code (AMC Sees. 9400 et seq.) shall be submitted for review and approval by the City Attorney, and shall be recorded concurrently with the final Parcel Map. 2. Approval of application no. TPM 02-008 shall not take effect until the applicant and property owner have executed and filed with Planning Services the Acceptance Form available from Planning Serxices to acknowledge acceptance of the conditions of approval. For Agenda Item No. 9 and Resolution No. 1666, the City Attorney has advised that Condition No. 7 be revised to read as follows: 7. If the Public Works Services Director determines for the City of Arcadia in its sole and reasonable discretion that a sidewalk per City standards is to be provided along Huntington Drive between Sunset Boulevard and the existing driveway on Huntington Drive in conjunction with this project, a sidewalk shall be provided to the satisfaction of the City Engineer and Public Works Services Director. .