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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.
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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
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-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
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. 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.
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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.
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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
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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
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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
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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. Live Oak Avenue
Arcadia, CA 91006
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CADIA, CA 91006
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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: