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HomeMy WebLinkAbout1506 . . . RESOLUTION 1506 A RESOLUTION OF THE PLANNING COMMISSION OF TIlE CITY OF ARCADIA, CALIFORNIA, DENYING VARIANCE APPUCATION NO. V 93-002 FOR THREE VENDING MACHINES LOCATED OUTSIDE TIlE SUPERMARKET AT 16 E. UVEOAKAVENUE. WHEREAS, on October 20, 1993, an application was filed by Lang Lampert Architects to locate three vending machines outside an existing supermarket, Planning Department Case No. V 93-002, on property commonly known as 16 E. live Oak Avenue, more particularly described as follows: Lots 1 to 5 inclusive of Tract 11539 in the City of Arcadia, County of Los Angeles, State of California, and recorded in map book 255, page 35 in the offices of the County Recorder of said County. WHEREAS, a public hearing was held on November 23, 1993, at which time all interested persons were given full opportunity to be heard and to present evidence; NOW, TIlEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SEcnON 1. That the factual data submitted by the Planning Department in the attached report is true and correct. SEcnON 2. This Commission finds: A. Th~t there are no exceptional or extraordinary circumstances or conditions applicable to the property involved, or, to the intended use of the property, that do not appiy generally to the property or class of use in the same zone or vicinity. B. That this Variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. C. That the granting of this Variance will not be detrimental to the public health or welfare, nor injurious to the property or improvements in such zone or vicinity in which the property is located. D. That the granting of this Variance will not adversely affect the comprehensive general plan. . . . SECTION 3. That for the foregoing reasons this Commission denies Variance application no. V 93-002 to locate three vending machines outside an existing supermarket. SECTION 4. The decision and findings contained in this Resolution reflect the Commission's action of November 23, 1993 and the following vote: AYES: Commissioners Daggett, Huang, Hedlund and Clark NOES: None ABSENT: Commissioner Amato SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on December 14, 1993 by the following vote: AYES: NOES: ABSENT: Commissioners Daggett, Hedlund and Clark None Commissioner Huang ATTEST: ASePI4~ cretary, annmg omnusslon City of Arcadia -.------ -2- 1506 . November 23,1993 TO: ARCADIA CITY PLANNING COMMISSION FROM: PLANNING DIVISION JAMES M. KASAMA, ASSISTANT PLANNER VARIANCE NO.. V 93-002: THREE OUTDOOR VENDING MACHINES AT A SUPERMARKET -16 E. liVE OAK AVENUE SUBJECT: SUMMARY A Variance from the zoning regulations was applied for by Lang Lampert Architects on behalf of Ralphs Grocery Company to request approval for three outdoor vending machines at the supermarket at 16 E. Live Oak Avenue. The Planning Division is reconunending denial. GENERAL INFORMATION . APPliCANT: Lang Lampert Architects for Ralphs Grocery Company LOCATION: 16 E. Live Oak Avenue REQUEST: A Variance from the zoning regulations to locate three vending machines outside of the Ralphs Supermarket in lieu of the requirement that all wares, merchandise or equipment be stored within a building. SITE AREA: Approximately 110,729 squarefeet (254 acres) FRONTAGES: 367 feet along Live Oak Ave. &,280 feet along Santa Anita Ave. EXISTING LAND USE & ZONING: A 44,000 sq. ft. supermarket and warehouse with 170 parking spaces. The zoning is C-2 (General Conunercial) SURROUNDING LAND USES & ZONING: North: Gas station, coffee shop, and offices; zoned C-1 & C-o South: Single family residences in Los Angeles County E a s t: Strip conunercial shops; zoned C~2 West: Car wash in Temple City . . GENERAL PLAN DESIGNATION: Commercial BACKGROUND The new supermarket at 16 E. Live Oak Avenue was approved through Conditional Use Permit No. CUP 90-019 (Reso. No. 1457). Additional public hearings were held subsequent to that initial approval for revisions to the warehouse area and loading dock (Reso. Nos. 1487 & 1491). Construction of the supermarket was completed this past summer and the store opened on September 2, 1993. REOUEST This application requests a Variance from the zoning regulation that all permanent and temporary storage of wares, merchandise, equipment, storage containers and similar items shall be within a building. Granting of the Variance would be an approval ofthe three vending machines that have been placed outside the southerly entrance of the supermarket. . Section 9291.1.2 of the Arcadia Municipal Code stipulates that before a Variance may be granted, four prerequisite conditions must be shown to exist at the subject property. Those conditions and the applicant's explanations (italicized statements) of their applicability to the subject property are as follows: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. A large grocery store is fairly unique in this neighborhood, and the requested location of the vending machines are far back from the street. B. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. This is a unique situation, these vending machines are placed 205 feet away from the street, directly adjacent to the entry doors to Ralphs. The vending machines are strictly for the convenience of Ralphs customers and will not be detrimental to anyone. . Variance No. V 93-002 November 23,1993 Page 2 . C. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. Ralphs Grocery Company traditionally places vending machines discreetly outside under their canopies. This is a convenience to their customers. D. That the granting of such variance will not adversely affect the comprehensive general plan. The location of the vending machines is under a canopy, set 205 feet from Santa Anita Avenue. They are located so far back that their presence will not be obvious from the street, In addition, the manager of the Ralphs supermarket at 16 E. Live Oak Avenue has elaborated upon the applicant:s responses. His letter is attached for the Planning Commission's consideration. . It is necessary that each of the above prerequisite conditions exists at the subject property so that the granting of a Variance will be in compliance with the State Planning and Zoning Law requirements (Government Code Section 65906) which are as follows: Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. ANALYSIS Condition A This condition calls for exceptional or extraordinary circumstances at the subject property that do not exist generally at other properties in the same zone . Variance No. V 93-002 November 23, 1993 Page 3 . classification or general vicinity. The applicant states that a large grocery store is tmique for this neighborhood and that the vending machines are 205 feet from the street. The store manager adds that this supermarket is nearly 10,000 square feet smaller than a typical Ralphs supermarket with all the seWice departments. Ralphs Supermarket is the only major grocery store in its vicinity, but it is not the only major retail establishment, nor is it the only business that is set far back from the street. On the.northwest corner of Santa Anita Avenue and Las Tunas Drive/ Live Oak Avenue is the Thrifty shopping center. Thrifty Drugstore is setback approximately 140 feet from Las Tunas Drive at its closest point, and the Wherehouse Music & Video store is setback at least 210 feet. The following table provides the size, the distance from its facing street, and the zoning for seven supermarkets located in the City of Arcadia: . Supermarket A~pha Beta Hughes Ralphs (Foothill) Ralphs (Live Oak) Vons (Foothill) Vons Pavilion 99 Ranch Condition B Gross Sq. Ft. 21,000 31,850 41,700 44,000 28,000 64,000 29,675 Distance from street 350 ft. from Second A lie. 75 ft. from Huntington Dr.. 125 ft. from Foothill Blvd. 205 it. from Santa Anita Ave. 280 ft. from Foothill Blvd. 380 ft. from Naomi Ave. 170 ft. from Golden West Ave. Zoning C-1 C-2 C-2 C-2 C-1 C-2 C-1 It is a prerequisite that the granting of a Variance will not have a detrimental affect upon the general public or the property and improvements in the vicinity. It is contended. that the three vending machines are attractive and placed so far away from the streets so as to be nearly invisible from either Live Oak or Santa Anita Avenues, and that they are maintained to the highest standards. Vending machines in general are not detrimental. The placing of them outside a building, however, can detract from the aesthetics of a development, and can be associated with various nuisances. Attached is a petition of oppositipn from the adjacent residents expressing their concern regarding the potential for increased noise, traffic and Utter. Condition C A Variance is intended to alleviate for the applicant the ~oss of a property right, due to extraordinary circumstances, that is available to, and enjoyed by other . Variance No. V 93-002 November 23,1993 Page 4 . properties in the same zone and vicinity. None of the other supermarkets in the City of Arcadia have soda or water vending. machines located outside, and although this supermarket may be smaller than a typical Ralphs supermarket with all the various service departments, it is not the smallest supermarket. Condition D The granting of a Variance is not to adversely affect the City's General Plan. The location of the vending machines has no affect upon the General Plan. Environmental Review Pursuant to the provisions of the California Environmental Quality Act, a Preliminary Review was conducted for the proposed Project. Said Preliminary Review established that the proposed Project (The piacement of minor appurtenances at an existing commercial facility) qualifies as a Class 11 Categorical Exemption under Section 15311. A Notice of Exemption will be filed if this Project is approved. . Furthermore, the proposed Project will not calise 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. It may therefore be determined that 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. RECOMMENDATIONS The Planning Division recommends denial of Variance No. V 93-002. The applicant's responses do not satisfy the four prerequisite conditions necessary to justify the granting of a Variance. Furthermore, an approval could be considered a precedent for approving similar requests at other large retail establishments. Should there, however, be additional evidence provided that will support an approval of Variance No. V 93-002, the Planning Division recommends the following conditions: 1. Variance No. V 93-002 shall be limited to three vending machines at the location indicated on the plans filed for this Variance, and since the machines are already in place, all of the conditons of approval shall be complied with immediately. . Variance No. V 93-002 November 23, 1993 Page 5 . . . " ') 2. Accessibility, egress, and safety features shall not be diminished and such shall be maintained to the satisfaction of the Building Division and Fire Department. 3. Any changes in the existing water service(s) (i.e. size or location) will be made by the Water Division at the developer's expense. 4. The vending machines shall be in compliance with the Business Licensing Regulations stipulated in Article VI of the Municipal Code. 5. The subject site shall be maintained in a manner that is consistent with the plans approved for the original construction of this supermarket, as well as with the plans filed with the Planning Division for Variance No. V 93-002. 6. Variance No. V 93-002 shall not be effective unless the property owner(s) and applicant(s) execute and file the Acceptance Form available from the Planning Division to indicate awareness and acceptance of the conditions of approval. 7.. Noncompliance with the provisions and conditions of Variance No. V 93-002 shall constitute grounds for its immediate suspension or revocation which may require removal of the vending machines. FINDINGS AND MOTIONS For a Variance to be granted, the Planning Commission, based upon the evidence presented, must make the following findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. 2. That the granting of this Variance will not be materially detrimental to the public health or welfare, nor injurious to the property or improvements in such zone or vicinity in which the property is located. 3. That this Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. 4. That the granting of this Variance will not adversely affect the comprehensive general plan. Variance No. V 93-002 November 23, 1993 Page 6 . . . 5. That the proposed Project qualifies as a Gass 11 Categorical Exemption under the California Environmental Quality Act, and, when considering the Project as a whole, there is 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. Motion for Approval H the Planning Commission intends to approve Variance No. V 93-002, the Commission, based upon the evidence presented, must make the above listed findings, move for approval, and direct staff to file the Notice of Exemption and prepare an appropriate resolution that incorporates the decision, findings and conditions of approval as set forth in this staff report or as modified by the Commission. Motion for Denial H the Planning Commission intends to deny Variance No. V 93-002, the Commission should specify which of the above listed findings cannot be made, move for denial, and direct staff to prepare an appropriate resolution that incorporates the decision and findings. Variance No. V 93-002 November 23, 1993 Page 7 . GROCERY COMPANY GENERAl. OfT-ICES P.O. BOX &41U . LOS ANGELES. CALFOANIA aoaSfi T'!leQrtone 1310).631.110' 11/04/93 City Of Arcadia, Planning Commission 240 West Huntington Drive P.O. Box 60 Arcadia, CA 91066-0060 Attention: Mr. James Kasama, Assistant Planner '. i( ~~ ~ HOV 04 1993 James: (;1',', . - "'t.' '"'," .... ~ n ~ '::~7'. As per our conversation, I would like the following added to the Application for Variance. The vending machines in question were requested by our customers, and placed outside for their convenience. Many of our customers are senior citizens and prefer the value of Aqua Vend water (.3.5 Cents per gallon) over the brands we stock inside the store (up to .95 per gallon) for name brands. The Private Selection Cola and Coke vending machines offer similar convenience and savings. Having the vending machines available outside near parking facilitates the ease of purchase, and also saves time for our customers as they do not have to enter our store to . purchase these products. Due to the physical size of this location, we would be unable to offer these quality products to the consumer if we were forced to move these machines. This location is nearly 10,000 square feet smaller than a typical Ralphs location with all the service departments, there would be no room inside to place these machines. These attractive machines have been positioned as to be nearly invisible from either Live Oak Avenue or Santa Anita, are maintained to the highest standards and present less of an eyesore than pay teJ.ephones or newspaper racks that are exempt from the code. Being sensitive to our customers needs is exactly what Ralphs Grocery Company is all about. Judging by the popularity of these vending machines with our customers, I would encourage you to grant this variance on an exception basis so we may continue to serve the citizens of Arcadia to the fullest extent. Thank you in advance for your help in this important matter. . ~in rely, ~v /J a<<- {/ . ~C-.-J' ennis A. Ho mes Ralphs Grocery Co. 16 E. 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V 13- DOL - ~ , , -. I I R"t. : ':0 '; ~ ..Of'FH ~ I} ." .-U \... , .~ ~ I ~ \C-o ~ .., .~... .. . -:z . ~ r- ICE. VI 5 ..< III " f.'.O ;-~~ ~ 9 . 5ANI< "'''' d ...',." " ;.~ .... .' .' . , QI>.'fo. '-''It ..' " Oil . : z < ,PRoO' 6 ~:, <,.44~ ~~ ~ .. '97"1I710N"!l.~' OFFICEl-5 ~. Z.. .... " ... .. . 0 C"O ".'" ~ C-I <J ." ..0 ,-,01 ~ .. f " II" .... ... .- .. . f" .. ~IN6rL-~ FAM' I.. Y RE?/PfMTfA'- IN L.A. couNTY "".WOOI:> pili" llllrJllUII'f ;' lro E. LIVE OA I< AVE. Notice of Exemption T4 Office of Planning and ResClU1:h 1400 Tenth Sl1'CCt. Room 121 Sacramento, CA 95814 From: (Public Agency) (!I1V DP AR(J,k>/A. 2/10 k/. I<ItIN7IN6-?OIJ OR (tIddrIR) MCInOI.ft J (!tt 9/007 lt County Clerk j:ounlyof t.O& ~~/Cb f2/,M~ OP 7M& CoI./'-I"1Y Ce-UK ;J.P/JnA-7/nAl~ o/v'hON leObH IOC, Po (). 1.30x 15"1, I'?A-t/o/ ~7 OH'4ce LD&; ANCd.Uts. CJ.A 9605:3 . projectTIlIe:_lt4-I<'IMJC.e. No. V 93 -002 Project Location. Specific: /6 E.. L.IVE. (JIH< AVe. Project Location. City: ftl?CAPIA Project Location. County: Los. Awti-€t./i.-S> Descrfptlon of Project: -tB VMeIMJCF- ~f'f TN€.- Z.OJoJI^,6- .eUrt/ UY"T/ON$ 7'"0 '-0 C47E. rJl1eu VWOltJCr H/tC.fhNEJ. t'JlI7"5"DR.. t!)~ -rll€- hus.7'"/rJCr Gup~/of~.&r //01 tllU/ (Jp 7'~ RWlIlJf!.€.HiVI-r 7'H1f-'r A/-t.L. WAfe~ I'1IC1eC/ol:lNOI.t:/! oR Ul/ll"rleN-r Be.. S7'IJJf!,U) -.rrM'N' A 8U1LLJIAI~ Name of Public Agency APproving Project: (J17Y tJp A1?CA1:J1A Name of Person or Agency carrying OUt Project: R~ N lAir- O,P7- Exempt Statue: (check OM) D Ministerial (Sec. 2108O(b)(1): 15268); D DecIaml Emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec. 2IOSO(b)(4): 15269(b)(c)): ~CategoricalE~emption.Staletypcandsectionnumber: C{.~ 1/ - ~T"I(!)N /5.:3// D StatutorY ElIemptions. Stale code number: Reasons why project Is exempt: CoMf'fUclRt- ?kC.It-.I-rY PLkUJ-1E..N'1 rJF N IAI&~ APPUe.7F.NA1\ICE..-$ ,4-7 AN .€Jl/C;77A.1G- Lead Agency Contact Person: ::J1Jt;fJ::.,4 N. kkS.4MA Area CodelI'elephonclE~lension: (8IB) G7lf-~I/Z3 A Uti Ir n1ed by applicant: 1. Aaach certified document of e~emption finding. . Ha a notice of e~emption been filed by the public agency approving the project? D Yes SignaturC: Dale: ntlc: DNa D Signed by Lead Agency D Signed by Applicant Dare r=:eived for filing at OPR: