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RESOLUTION NO. 1771
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 08-02 TO OPERATE A CONVENIENCE STORE TWENTY-FOUR (24)
HOURS A DAY, SEVEN (7) DAYS A WEEK WITH THE SALES OF
ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AT
5 WEST LIVE OAK AVENUE.
WHEREAS, Conditional Use Permit application no. CUP 08-02 was filed by Art
Rodriguez & Associates on March 27,2008 to operate, a convenience store 24 hours a day, 7 days
a week with the sales of alcoholic beverages for off-premises consumption at 5 W. Live Oak
Avenue; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the
. City of Arcadia prepared a Preliminary Exemption Assessment and determined that the proposed
project qualifies as a Class 5 Categorical Exemption under Section 15305 of the CEQA
Guidelines as a Minor Alteration inland Use Limitations; and
WHEREAS, a public hearing was held by the Planning Commission on May 13,2008, at
which time all interested persons were given.fu11 opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA
HEREBY RESOLVES AS FOLLOWS:
SECTION
I. That the factual data submitted by the Development Services
Department in the attached report is true and correct.
SECTION 2. This Commission finds:
I. That the granting of Conditional Use Pennit No. CUP 08-02 to operate a
. convenience store 24 hours a day, 7 days a week with the sales of alcoholic beverages for off-
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premises consumption will not be detrimental to the public health. or welfare, or injurious to the
property orimprovements 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.
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 for the proposed use 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 uses in the General Plan, that
the proposed use is consistent with that designation,. and that the granting of the Conditional Use
. Permit will not adversely affectthe comprehensive general plan.
6. That the determination that the proposed project qualifies as a Class 5 Categorical
Exemption is appropriate and that based upon the record as a whole, there is no evidence that the
proposed project will have any potentially adverse effect on wildlife resources or the habitat upon
which wildlife depends.
SECTION 3. That for the foregoing reasons this Commission grants Conditional
Use Permit No. CUP 08-02 to operate a convenience'store 24 hours a day, 7 days a week with the
sales of alcoholic beverages for off,premises consumption at 5 W. Live Oak Avenue, subject to
the following conditions:
I. Hours of operation may be twenty-four (24) hours a day,.seven (7) days a week.
2. Sales of alcoholic beverages for off-premises consumption may take place only
. within the hours of8:00 a.m. to 1:00 am. daily.
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1771
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3. The use approved by CUP 08-02 is limited to the convenience store. The facility
shall be operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 08-02.
4. There shall be no seating, internet services, or shopping carts permitted for this
convenience store.
5. All City code requirements regarding accessibility, fire protection, occupancy, llI1d
safety shall be complied with to the satisfaction of Building Services and the Fire Department.
6. Approval of CUP 08-02 shall not take effect until the property owner(s), and
applicant have executed and filed the Acceptance Form available from the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
7. 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
of the mattet. 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.
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SECTION 4.
The Secretary shall certify to the adoption of this Resolution.
\~c.~
Chairman, Planning Commission
ATTEST:
ary,Planning Commission
APPROVED AS TO FORM: .
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Stephen P. Deitsch, City Attorney
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1771
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STAFF REPORT
Development Services Department
May 13, 2008
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jennifer Turcios, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 08-02 to operate a
convenience store 24 hours a day, 7 days a week with the sales of
alcoholic beverages for off-premises consumption at 5 W. Live Oak
Avenue.
SUMMARY
Art Rodriguez & Associates submitted application no. CUP 08-02 to operate a
convenience store (Famima!!) 24 hours a day, 7 days a week with the sales of alcoholic
beverages for off-premises consumption at 5 W. Live Oak Avenue. It is staffs opinion
that the proposal is an appropriate use for the site and will not have any negative
impacts upon the neighboring properties. Therefore, the Development Services
Department is recommending approval of the application subject to the conditions in
this staff report.
GENERAL INFORMATION
APPLICANT: Art Rodriguez & Associates (on behalf of Famima Corporation)
LOCATION: 5 W. Live Oak Avenue
REQUEST: A Conditional Use Permit to operate a convenience store 24 hours a
day, 7 days a week with the sales of alcoholic beverages for off-
premises consumption.
SITE AREA: Approximately 18,153 square feet (0.39 acre)
FRONTAGES: 152.47 feet along W. Live Oak Avenue
122.17 feet along S. Santa Anita Avenue
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EXISTING LAND USE & ZONING:
The site is developed with a retail commercial store that was
constructed in 1996. A permit was issued in March 2008 for a
renovation and expansion to create the existing 2.453 square foot
building. The zoning is C-2 General Commercial.
SURROUNDING LAND USES & ZONING:
North: Shopping center with mixed retail uses and an adult day care
that is zoned C-2. Behind the shopping center is the Arcadia
Congressional Church thatis.zoned R-2
South: Automotive repair center that is zoned C-M, a carwash in the
City of Temple City and Ralph's grocery store that is zoned
C-2.
East: Chevron fueling station (self-serve gas station with convenience
store) that is zoned C-1 and a single-family residence that Is
zoned R-1.
West: Shopping center parking lot that is zoned C-2.
GENERAL PLAN DESIGNATION:
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Commercial - Provides areas for general commercial and professional
office uses. Appropriate uses include a range of common retail and
personal service uses, specialty retail, offices, auto-related uses,
financial institutions, and hotels and motels. The maximum non-
residential bUilding floor area ratio (FAR) is 0.50, based on net square
footage measured by dividing building square footage by the net lot
area existing prior to development.
BACKGROUND
The subject property was developed in 1958 as a service station. In 1996, CUP 96,09
was granted to develop the site as a 24 hour drive-through Walgreen's Pharmacy. In
2007, Walgreen's Pharmacy relocated from the subject property to a new location at
140 E. Live Oak Avenue, leaving the subject property vacant. Famima Corporation
applied for a Design Review (ADR-07 -20) that was approved on December 27, 2007 to
remodel and add 566 square feet to the retail building. Currently, the site is under
construction and the Grand Opening is scheduled to take place in early June 2008.
PROPOSAL AND ANALYSIS
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The proposal is to operate a convenience store 24 hours a day, 7 days a week with the
sales of alcoholic beverages for off-premises consumption from 8:00 a.m. to 1 :00 a.m.
daily in the expanded retail building.
The concept behind this kind of convenience store is a redefined version of the typical
quick-shop mart. Famima!l is a premium Japanese upscale delicatessen and gourmet
CUP 08-02
May 13, 2008
Page 2
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food store that sells ready-made foods, office supplies, grocery items and offers photo
printing services (see attached Addendum from Applicant).
The site is situated in an area of mixed commercial uses, and the proposed use is
compatible with the surrounding land uses. The 24 hour operation and the selling of
liquor for off-premises consumption are permitted uses in the C-2 zone. However, if
either of these uses is within 150 feet of residentially zoned property, a Conditional Use
Permit is required (see the attached 150 foot Radius Map).
The closest residentially zoned property is across the street to the north of the Chevron
fueling station. This residential property is approximately 147 feet from the subject
property. A Conditional Use Permit requires a 300 foot public hearing notice (see
attached 300 foot Radius. Map).
The store will receive deliveries from independent vendors between the hours of 6:00
a.m. to 2:00 p.m., daily deliveries from its own warehouses will arrive between 6:00
p.m. to 12:00 midnight. The Arcadia Municipal Code, limits commercial refuse collection
from 7:00 a.m. to 5:00 p.m., and requires that all permanent and temporary storage of
wares, merchandise, crates, bottles, pallets, racks, etc. be stored within the building.
The loading area is at the north side of the building. The delivery trucks will park on
either the north or east side of the building, away from the main parking area and
pedestrian traffic. Delivery vehicles should not obstruct any vehicular traffic.
The public entry/exit from the convenience store will be from the south side of the
building. The problems that sometimes arise from late hour liquor sales for off-premises
consumption are not associated with this particular location, because there is not a
direct access between the store and the surrounding residential neighborhoods. The
parking lot will be illuminated and readily visible from the adjacent streets;
Parkina and traffic circulation
The remodeled and expanded convenience store provides 12 on-site parking spaces,
which includes one (1) van-accessible handicap space. This complies with the Code
regulation for Off-street Parking of 5 spaces per 1,000 square feet of gross floor area,
(2.462 square feet) for retail uses.
Two-way traffic circulation through the site is provided by the two-way driveways on
both Santa Anita Avenue and Live Oak Avenue, and along the east and south sides of
the building (see the attached site plan). The drive-aisle around the north and west
sides allows for only one-way circulation. This aisle is primarily for service access and -
deliveries.
Staff finds that approval of Conditional Use Permit application No. CUP 08-02 will not
be detrimental to the public welfare or injurious to the property or improvements of the
neighborhood, and therefore recommends approval.
CUP 08-02
May 13, 2008
Page 3
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CODE REQUIREMENTS
The proposed plans were routed to other City departments for review. No extraordinary
requirements or conditions of approval were requested. The remodeled and expanded
convenience store has complied with all City requirements regarding disabled access
and facilities, occupancy limits, building and fire safety, parking and site design, and off-
site improvements.
CEQA
This project is categorically exempt from the provisions of the California Environmental
Quality Act under Section 15305 as a minor alteration in Land Use limitations. The
Development Services Department has prepared a preliminary exemption assessment
and a Notice of Exemption to document such findings.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. That the granting of such 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 use applied for at the location indicated is property one for which a
Conditional Use Pennit is authorized.
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 granting of such Conditional Use Pennit will not adversely affect the
comprehensive General Plan.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 08-02, subject to the following conditions:
1. Hours of operation shall be twenty,four (24) hours a day, seven (7) days a week.
2. Sales of alcoholic beverages for off-premises consumption shall be from 8:00
a.m. to 1 :00 a.m. daily.
CUP 08-02
May 13, 2008
Page 4
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3. The use approved by CUP 08-02 is limited to the convenience store. The facility
shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 08-02.
4. There shall be no seating, internet services, or shopping carts permitted for this
convenience store.
5. All City code requirements regarding accessibility, fire protection, occupancy,
and safety shall be complied with to the satisfaction of Building Services and the
Fire Department.
6. Approval of CUP 08-02 shall not take effect until the property owner(sl, and
applicant have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
7. 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 of the matter. The City reserves the
right, at its own option, to choose its own attomey to represent the City, its
officers, employees, and agents in the defense of the matter.
PLANNING COMMISSION ACTION
ADDroval
The Planning Commission should move to approve Conditional Use Permit No.
CUP OS-02 and direct staff to prepare a resolution for adoption at the next
meeting that incorporates the Commission's decision, specific determinations
and findings, and the conditions of approval.
Denial
If the Planning Commission intends to deny this Conditional Use Permit application, the
Commission should state the specific reasons for denial and direct. staff to prepare an
appropriate resolution incorporating the Commission's decision and specific findings.
CUP 08-02
May 13, 2008
Page 5
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If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the May 13th public hearing, please contact Assistant
Planner, Jennifer Turcios at (626) 574,5422.
Approved by:
Jim Kasama
Community Development Administrator
Attachments: Aerial Photo
150 foot Radius Map
300 foot Radius Map
Plans
Photos
Preliminary Exemption Assessment
Addendum from Applicant
CUP 08-02
May 13, 2008
Page 6
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, JIM KASAMA, Secretary of the planning Commission of the City of Arcadia,
hereby certify that the foregoing Resolution No. 1771 was passed and adopted by the
Planning Commission of the City of Arcadia, signed by the Chairperson and attested to
by the Secretary at a regular meeting of said Planning Commission held on the 27th
day of May,2008 and that said Resolution was adopted by the following vote, to wit:
AYES:
Planning Commissioners Baerg, Hsu, Parrilleand Baderian
NOES:
None
ABSTAIN:
Planning Commissioner Beranek
of the Planning Commission