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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.
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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.
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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.
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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.
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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:
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Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
Stephen P.Deitsch, City Attorney
City of Arcadia
Chairman, Planning Commission
City of Arcadia
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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:
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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.
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