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HomeMy WebLinkAbout1491 . . . RESOLUTION 1491 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CAUFORNIA, APPROVING A REVISION TO CONDITIONAL USE PERMIT NO, CUP 90,019 TO REDUCE THE ALLEY ACCESS WIDTH FROM TWENTY (20) FEET TO FIFTEEN (15) FEET FOR THE NEW SUPERMARKET AT 16 EAST LIVE OAK AVENUE. WHEREAS, on January 22, 1991, the Planning Commission adopted Resolution No. 1457 granting Conditional Use Permit No. CUP 90-019 to Ralphs Grocery Company for a new 39,800 square foot, 24 hour supermarket with liquor sales for off,site consumption, on property commonly known as 16 East 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, on December 10, 1991, the Planning Commission approved a one year extension for the implementation of Conditional Use Permit No. CUP 90-019; WHEREAS, on September 8,1992 the Planning Commission adopted Resolution No. 1487 to approve a revision to add 4,206 square feet to the storage and equipment mezzanine of the new supermarket; WHEREAS, on October 5, 1992, a request for a revision to the approved Conditional Use Permit was submitted by Lang Lampert Architects on behalf of Ralphs Grocery Company to allow the alley access to be closed by a chain-link fence whenever the loading dock is being used; WHEREAS, a public hearing was held on October 27,1992 and November 10, 1992, at which times 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 data submitted by the Planning Department in the attached reporUs true and correct. SECTION 2, That this Commission finds: 1. That the revised 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 revised use is appropriate for the location indicated and is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed revised use is adequate in size and shape, and all yards, spaces, walls, fences, parking, loading, landscaping and other features are adequate to adjust said revised 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 revised use. 5, That the approval of the revised Conditional Use Permit will not adversely affect the comprehensive General Plan. 6. That the revised use will not have a substantial adverse impact on the environment, and, that there is no evidence that the proposed revised project will have any potential for adverse effect on wildlife resources. SECTION 3. That for the foregoing reasons this Commission approves a revision to Conditional Use Permit No. 90-019 to reduce the alley access width from twenty (20) feet to fifteen (15) feet for the new supermarket subject to the following conditions: 1. The conditions outlined in the December 19, 1990 report from the Department of Public Works which are to be complied with to the satisfaction of the Director of Public Works, 2. Delivery and pick-up activities are prohibited between the hours of 9:00 p.m. to 7:00 a.m" and, mechanical parking lot sweeping shall be conducted between the hours of 7:00 a,m. to 10:00 p.m. 3. Landscaping is to be provided between the parking lot and the south wall of the new building, the five (5) foot wide landscape buffer along the east property line shall be extended northward along the area where it is adjacent to residentially zoned property, the pedestrian access at the southeast comer of the property shall be maintained, and, a detailed landscaping and irrigation plan shall be submitted for review and approval to the Planning Department. 4. The loading area shall be designed to accommodate clear two-way (15' wide) through traffic from the alley, and a sign shall be placed at the west end of the alley to alert traffic to the presence of the loading dock and loading activities. Plans for the design and location of the sign shall be submitted for the review and approval of the Director of Public Works, 5. The pick-up of discard and donation items shall not be permitted, and, any other recycling activities shall be conducted at a minimum distance of fifty (50) feet -2- 1491 . . . from any residentially zoned property, 6. Fire protection, water supply, and building occupancy shall be provided and maintained to the satisfaction of the Arcadia Fire Department. Such shall include, but not be limited to, the following: a. An exit onto Live Oak Avenue; b. A comprehensive fire sprinkler system per NFPA standard no. 13 (1991 Ed,); c. A new Fire Department connection along Live Oak Avenue at the northwest corner of the building; d. A comprehensive fire alarm system per NFPA standard nos. 71-72E; e. One (1) Knox Box at the front entrance with keys to enable access to all parts of the building; f. A new 6x4x2,5 fire hydrant at the southeast corner of the intersection of Santa Anita and Live Oak Avenues; g. Twenty (20) foot clear access around and along three (3) sides of the building; h. Detailed plans for the installation of any security facilities, grates, bars or other devices that may impact exiting; i. All exits and exit corridors to be In conformance with UFC (1991 Ed,); and, j. Plans for these and any other installations shall be reviewed and approved by the Fire Department prior to installation, 7. The site shall be maintained in accordance with the plans filed with the Planning Department for CUP 90-019 and as approved by the Planning Commission. All of the conditions of approval shall be complied with prior to completion and operation of the new supermarket. 8. CUP 90,019 shall not be effective unless the property owner and applicant have executed an Acceptance Form available from the Planning Department to indicate awareness and acceptance of the conditions of approval. 9. Noncompliance with the provisions and conditions of CUP 90-019 shall constitute grounds for its immediate suspension or revocation. 10. Building occupancy, accessibility, and safety features shall be provided and maintained to the satisfaction of the Chief Building Official. Such shall include, but not be limited to, the following: a. Exits at proper locations and distances with any exit corridors constructed to meet a one-hour rating; b. Grease interceptors where necessary; and, c. A minimum of six (6) handicapped parking spaces with crosswalks painted across any traffic lanes between the handicapped parking spaces and the entrances to ,3- 1491 . . . the supermarket. SECTION 4, The decision, findings and conditions contained in this Resolution reflect the Commission's action of November 10, 1992 and the following vote: A YES: Amato, Daggett, Hedlund and Clark NOES: None ABSENT: Huang 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 the 24th day of November, 1992 by the following vote: A YES: Amato, Daggett, Hedlund and Clark NOES: None ABSENT: Huang airman, Planning Commission City of Arcadia A TrEST: k~j)/W~n" Secretary, Planning Commission City of Arcadia -4- 1491 . November 10, 1992 TO: FR,' .VI: ARCADIA CITY PLANNING COMMISSION PL~~G DEPARTMENT James M. Kasama, Assistant Planner SUBJECT: Revision to Conditional Use Permit No. 90-019 Ralphs Supermarket at 16 E. live Oak Avenue This item was continued from the October 27, 1992 Planning Commission meeting due to questions regarding alley access rights. Attached is a memorandum from the City Attorney regarding the relevance of any such issues to the Planning Commission's considerations and actions. Attachment . . memotanJum Date: November 4. 1992 TO: Planning commi~sion h I city Attorney 1~ I~l CUP 90-019 - Ralphs Market FROM: SUBJECT: The conditions recommended by the Planning Staff with regard to the alley access are reasonable and properly related to legi timate land use considerations that arise out of Ralph I s application such as access and safety. The alleged "letter" referred to by Mr. Meeker is a private matter that has no official bearing on the conditional use permit. Assuming there is such a letter it may have some relevance to rights access that could evolve into a civil suit ~etween Ralphs and adjoining land owners. Likewise, as to any alleged rights that may have accrued to the public and adjoining land owners from open and continuous use of the accessway. This 1s nQ!. part of the conditional use process. . The statement in the letter from 3. Lai attributable to me was not made by me to Ms. Lai, nor is it relevant. The issue is the propriety of the City conditions precluding or regulating closure of the alley through the conditional use process, not Ralph's right to close alley access. As stated above, the conditions precluding or regulating closure of the access are not improper. They are an appropriate exercise of the city's land use controls and are reasonably related to pro~lems that could arise from the revised cUP request. This should address the issues that arose at the meeting of October 27th. Please advise if you have any questions. c: Planning Director . . . . October 27,1992 TO: ARCADIA CITY PLANNING COMMISSION FROM: PLANNING DEPARTMENT James M. Kasama, Assistant Planner SUBJECT: Revision to Conditional Use Permit No, CUP 90,019 Ralphs Supermarket at 16 E. live Oak Avenue SUMMARY This request for a revision of CUP 90-019 was filed by Lang Lampert Architects on behalf of Ralphs Grocery Co. This revision for the proposed new supermarket at 16 E. live Oak Avenue is to allow the alley access to be closed by a chain-link gate whenever the loading dock is being used, The Planning Department is recommending that the Planning Commission either grant an approval subject to the conditions listed in this report or deny this request and maintain the current condition of approval to require that the loading area be designed to accommodate clear two-way (20' wide) through traffic from the alley, and that a sign be placed at the west end of the alley to alert traffic to the presence of the loading dock and loading activities. Plans for the design and location of the sign are to be submitted for review and approval to the Director of Public Works. GENERAL INFORMATION APPUCANT: Lang Lampert Architects for Ralphs Grocery Co. LOCATION: 16 E. live Oak Avenue REQUEST: A revision to the proposed new supermarket that was approved under Conditional Use Permit No. CUP 90-019 to allow the alley access to be closed by a chain-link fence whenever the loading dock is being used. Approximately 110,729 square feet (2.54 acres) 367 feet along E. live Oak Avenue 280 feet along S. Santa Anita Avenue SITE AREA: FRONTAGES: . . . EXISTING LAND USE & ZONING: A 26,300 sq. ft, supermarket with 170 parking spaces, The zoning is C,2 (General Commercial) SURROUNDING LAND USES & ZONING: North: Gas station, coffee shop, and offices, zoned C-l & C,O South: Single family residences in Los Angeles County E a s t : Strip commercial shops, zoned C-2 West: Garden and patio furniture shop in Temple City GENERAL PLAN DESIGNATION: C - Commercial BACKGROUND On January 22,1991, the Planning Commission adopted Resolution No. 1457 to grant CUP 90-019 for a new 24-hour, 39,800 sq. ft. supermarket with liquor sales for off-site consumption, and on September 8, 1992, the Commission adopted Resolution No. 1487 to approve a revision to expand the equipment and storage'mezzanine by 4,206 sq. ft., and deny a revision for a ten foot southerly extension of the loading dock. Among the issues addressed by the Planning Commission at the January 8, 1991 public hearing for the initial CUP was the effect of the loading dock upon the existing 20 foot wide alley which terminates at the easterly lot line of the subject property. At present the alley is used in conjunction with the existing parking lot as a through way between Santa Anita and Myrtus Avenues. This serves as a secondary access to Ralphs Supermarket and to the several businesses to the east. A right-of-way, however, does not exist across the Ralphs Supermarket property. At that January 8, 1991 public hearing, the Planning Commission expressed a preference for keeping the through access from the alley open, and the applicant, at that time, indicated that the alley access could be maintained. The Planning Commission imposed the following condition to assure that through access from the alley would be maintained: "4. That the loading area be redesigned to accommodate clear two-way (20' wide) through traffic from the alley." (From Resolution No. 1457) The Planning Commission considered the first revision requests at a public hearing on August 25,1992, and conditionally approved the expansion of the mezzanine, and denied the extension of the loading dock. In doing so, the Planning Commission amended Condition No.4 so that it currently reads as follows:y Revision to CUP 90-019 October 27, 1992 Page 2 . . . "4. The loading area shall be designed to accommodate clear two-way (20' wide) through traffic from the alley, and a sign shall be placed at the west end of the alley to alerttraIfic to the presence of the loading dock and loading activities, Plans for the design and location of the sign shall be submitted for the review and approval of the Director of Public Works," (From Resolution No. 1487) Condition No.4 as it currently stands, requires that the loading dock be redesigned so that the alley access will not be interfered with by delivery vehicles when they are parked in the loading dock. Designs explored by the architect to comply with this requirement either shifted the loading dock to the west, away from the alley, or pushed it back further north into the warehouse area of the supermarket. Both of these redesigns have been rejected by Ralphs Grocery Co. as unacceptable because of their interior design requirements. Therefore, another revision to CUP 90-019 is being requested. As a result of the approval of the first revision to expand the mezzanine, this CUP will expire on September 8, 1993. Should the Planning Commission approve this revision request, CUP 90-019 will be valid for one-year from that approval unless the Commission specifies a shorter expiration period as a condition of approval. ?ROPOSAL AND ANALYSIS The design originally proposed for the loading dock placed it adjacent to the easterly property line with a ramp depth of 35'-6", That design would have resulted in the alley access being interfered with whenever a semi-trailer truck parked in the east side of the loading dock. Under the January 8,1991 approval, a revised design was to have been submitted to provide for 20 foot wide clear, two-way, vehicular access. The requested revision is to allow the loading dock as originally designed with the delivery vehicles interfering with the alley access, but with the addition of an operable chain,!ink gate to prevent access through the alley during delivery operations because of the potential hazards of customers and other users of the alley trying to negotiate themselves or their cars around the delivery vehicles, The primary reason stated by the applicant for requesting this revision is to accommodate the layout of the sales area. The significance of this revision is that it will, at times, eliminate the 20 foot wide clear, two-way, vehicular alley access as required by Condition No.4. With the exception of deliveries being required to occur from 7:00 a.m. to 9:00 p.m., the time periods during which the alley access would be eliminated is uncertain. Revision to CUP 90-019 October 27, 1992 Page 3 . . . The Fire and Public Works Departments were consulted regarding the temporary closure of the alley access. The Fire Department relies upon two fire hydrants that are located in the alley to serve the east end of the southside of Live Oak Avenue between Santa Anita and Myrtus Avenues. The Fire Department's response included a condition of approval to possibly require the installation of two new fire hydrants on the southside of Live Oak Avenue because of the potentially diminished access to the hydrants in the alley. The Public Works Department has no concerns with the closure of the alley access. Environmental Review Pursuant to the provisions of the California Environmental Quality Act, the Planning Commission approved and filed a Negative Declaration for CUP 90-019. The requested revision does not alter the results of the initial study that was prepared for CUP 90-019. 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. Furthermore, when considering the record as a whole, there is no evidence that the proposed project and the requested revision will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, the Negative Declaration that has been filed for this project is still valid and applicable. Architectural Design Review Concurrent with the consideration of CUP 90-019, the Planning Commission approved the applicant's architectural concept plans. The requested revision will not significantly alter the architectural design of the building. Staff finds that the applicant's plans are still consistent with the intent of the City's architectural criteria and will be consistent with surrounding developments. RECOMMENDATION The Planning Department recommends that the Planning Commission either approve this revision request subject to Conditions No.4 and No.6 being amended as follows, or deny this revision request and sustain Condition No.4 as stipulated in Resolution No. 1487: 4. That the chain-link gate be open durini non-delivery hours (i.e. from 9:00 p,m. through 7:00 a.mJ and that a siill be posted on the gate to explain the reasons for the closure of the alley access. Plans for the materials. desiill and placement of the gate and siill shall be submitted for the review and approval of the Directors of Planninl:and Public Works. Revision to CUP 90-019 October 27, 1992 Page 4 . . . 6.f. A new 6x4x2.5 fire hydrant at the southeast corner of the intersection of Santa Anita and Live Oak Avenues, and possibly two new fire hydrants of as vet undetermined size along the southside of Live Oak Avenue between Santa Anita and Myrtus Avenues. FINDINGS AND MOTIONS Approval If the Planning Commission intends to approve this revision, the Commission should move to approve and direct staff to prepare the appropriate resolution incorporating 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 revision, the Commission should move to deny and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. Attached are the applicant's letter requesting this revision, and letters received from F. W. Smith and Dorothy Smith of 11103 E. Lynrose Street, and Bonnie Cho of 36 E. Live Oak Avenue. Revision to CUP 90,019 October 27, 1992 Page 5 .9 TeChnOlogy $ulle 110 trvtne.CA9271& T&l 714 753.0201 Fa.714 753.0221 . . October 2, 1992 Mr. James Kasama CllY OF ARCADIA 240 W. Huntington Drive Arcadia, California 91066-0060 Re: Ralphs Grocery Store 16 East live Oak Avenue CUP 90-019 RECEIVED OCT 0 5 1992 C:IT'f OF ""CAet4 "LANNING DE"'. Dear Mr. Kasama: This letter is to request a revision to CUP 90-019. We have tried several desi~n schemes to comply with Condition #lon Resolution 1487, Section 3. It is very dIfficult to accommodate clear two,way (20' wide) through traffic from the, alley without intruding on the sales area inside our building. According to the City Attorney, Michael Miller, Ralphs has the right to close the alley access presently because it is their property. In order to proviae the neighborhood with a better layout for the store, we would like to close the alley access whenever the loading dock is in use. Enclosed are 12 sets of site and floor plans, a check of $607.00 for the filing fee, a copy of the parcel map, and mailing labels for the submittal to the Planning Commission. ~ . Judie lai ~ cc: Neal Aydelott, Ralphs Grocery Company Jeff Brewer, Ralphs Grocery Company Christine Lampert, Lang Lampert Architects . F. W. SMITH DOROTHY SMITH 11103 E. I.ynrose St. Arcadia, CA 91006 (818) 11117-9871 RECEIVED OCT 12 1992. c,,... 0" AIIIC..IlIA PUNNltlGClCf'l'. City of Arcadia Planning Department Centlemen: Regarding a request by Ralphs Crocery Company for a revision to Permit Number CUP90-019 to allow alley access to be closed by a chain link fence whenever the loading dock is being used. l.ocation of the store Is 16 E. I.ive Oak Avenue. Our comments are as follows: 1. Ralphs trucks and other supplier trucks are now using the alley and parking lot as through access' fl"om east or west to the loading dock. Ralphs customers also use the same alley and lot as access to the store. . If a chain 'link fence Is used to close alley access it will be Impossible to time the closures resulting in confusion and traffic jams. 3. We feel that the only way to achieve the results that Ralph's Company apparently desires would be to permanently close the alley acce~s and to keep the loading dock and trash bin in their present locations. 2. Sincerely, o~ IV ./~ Dorothy Smith ~WA~ F. W. Smith FWS/rf : . . . . RECEiVED OCT 22 1992 CITY'O" ARCADIA PLANflIlNG DEPT. oct. ..2-l51 I 1 qq 2. 10: Mr', J"~)11es M, /(tt5a.>>1tI Arc~:o.. p[~Yl'l1I~ D.e.?a.rtmeJ: From: Bow)!;e Uto 3{, E., l:ve. Oa../G Ar(~,.q", (4.q{tT()O Sc.vbjeJ: Re~MJ;"'j APfL',cd,~ No, Cu..p qo -otq CU Cl fe.?Ht.'Y\.-1 ot 36 E , L lie Oa..k. I :nl~ d.. eJ- s a-nJ, 1: u.se. 14 c.d1 a..1/~j {rom. SA.~-tq" A........;t"" -t M ~r-+u.s A Ije. ){u-e 0.. I (rt. ~ hus,';tess --k.s pAr I:,~ Spa.c.es wh;ch. . C41n. be a.c.ceS5~ eml1 7Aru t~ a.l7ey. If 1ke. o..l/ej IS ,dos~ wAeJ1.R.VR.r rlv. 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LAND t./6E AND ZONIN4 ^ ~ ~ It'" II.- -I HG-w ,I{'JC,/,G. f r<E.~ID~; ~ 017 1oIG.""'" -' ~ . C.u.1? 70-0/1 5C.AL~: /-. 100' I: 0, -l.:-__.:J . en V CO en N 6North 111=20' . " , LOADING DOCK c=j - r 'TR~SHARE~. I J; 1:1 j - - -!-==-=-;- - - Is.l 21' - - I> --J' _.::::.3:-'1".1< '-" L-To " I \ I 5' \ 34'1 \1 '\~ --r 'Ii II / \ ;1. ',,/' /., ~ '/ I --- } I - -~ __/ \ I 20' ALLEY .. UT ~ . . REMOVE EXISTING WALL LANDSCAPE ABOVE EASEMENl - - -- ----: - . . 4' EASEMENT FO~ PACIFIC I TE1.EPHONE & TELEGRAPH CO. FOR PUBl-IC UTILITIES J~ .. . ORIGINAL PROPOSAL CUP 90-01f! .' . - .... ---- . I I , , I I I r---fo-.....-...-H L- ' o o CO Ol C\i~~ - .--- -- . ---- J: TRASH AREA : .. .~.._._..._..J. ,.--.. - - ~- - 'I . . , I . :1 LOADING '-II , DOCK ill I \'1\ , , , , , --".... , , -- -- --- -.- J ..... " C\J 20' ALLEY C> ~,--- 35' ....5..., ...- , , -. _. --. ~-~-.. , I :e . " , , , , , , - -- OPERABLE CHAIN LINK GATE "'\ 5' 5' LANDSCAPED AREA 34' \' , J \ ;' \ l' ii CART STORAGE -- .. -' -- , , I , / V , I J ,.- 'I ..- , , .- , " '/ I , '- / \ ;,1 , , , 'I . , --'-- '- REMOVE EXISTING WALL : LANDSCAPE ABOVE EASEMEN" ,I i ~! ; , ,. . .-. ~/ I. 4' EASEMENT FOf1 PACIFIC TELEPHONE & TELEGRAPH CO. FOR PUBLIC UTILITIES -...--" -- , ' CiG ! .. . , C ; C I'~' 1 " II " L PEDESTRIAN WALKWAY .. . REVISED PROPOSAL