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HomeMy WebLinkAbout1771 . 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- . 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. -2- 1771 . 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. . -3- 1771 . SECTION 4. The Secretary shall certify to the adoption of this Resolution. \~c.~ Chairman, Planning Commission ATTEST: ary,Planning Commission APPROVED AS TO FORM: . . ~~P.~ Stephen P. Deitsch, City Attorney . -4- 1771 . . . 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 . 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: . 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 . 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 . . . 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 . . - 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 . . ~ 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 . . ,~ 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 . . - STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) 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