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RESOLUTION NO. 1734
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2005-015 AND
ARCHITECTURAL DESIGN REVIEW 2004-020 TO ALLOW A
DRIVE-THRU PHARMACY, AND A LOADING SPACE
CLOSER THAN 100' FROM RESIDENTIALLY ZONED
PROPERTY FOR A NEW W ALGREENS PHARMACY AND
DRUG STORE AT 140 E. LIVE OAK AVENUE.
WHEREAS, the City of Arcadia on July 12, 2004, received an Architectural
Design Review application followed by a Conditional Use Permit application on
August 18, 2005 by George Meeker of Meeker Family Partners LP, on behalf of
Walgreens Cooperation to allow a new Walgreens Pharmacy and drug store at 140
E. Live Oak Drive; 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 an Initial Study and determined,
there is no substantial evidence that the approval of Conditional Use Permit No.
05-015 and Architectural Design Review No. 04-020 would result in a significant
adverse effect on the environment. Accordingly, a Negative Declaration has been
prepared and notice of that fact was given in the manner required by law; and
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WHEREAS, a public hearing was held by the Planning Commission on October
11, 2005, at which time all interested persons were given full opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY
OF ARCADIA RESOL YES AS FOLLOWS:
SECTION 1.
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 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 because the proposed use will be compatible with the surrounding uses,
and it will be an appropriate use for the subject site, and the proposed project will
provide adequate parking for the Walgreens and existing restaurant use.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is anthorized.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use. All yards, spaces, loading, landscaping, parking, and other features are
adequate to adjust said use with the land and uses in the neighborhood. The
proposed project complies with all related zoning requirements as set forth in the
. Arcadia Municipal Code.
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4. That the site abuts two major streets. and alley that are 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 Permit will not adversely affect the
comprehensive General Plan because the land use and current zoning are consistent
with the General Plan.
6. That the use applied for will not have a substantial adverse impact on the
environment. and that based upon the record as a whole there is no evidence that
the proposed project will have any potential for an adverse effect on wildlife
resources or the habitat upon which the wildlife depends.
SECTION 3.
That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 05-015 and Architectural Design Review No. 04-
020 to allow a drive-thru pharmacy. and loading space within 100' from
residentially zoned property for a new Walgreens Pharmacy and dmg store at 140
E. Live Oak Avenue, upon the following conditions:
I. Prior to issuance of a building Denni!, a lot consolidation of the subject lots
must be recorded by the Applicant with the Los Angeles County Recorder's Office
to create an appropriate parcel for the proposed development.
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2. The hours of operation for the store and drive-thru pharmacy shall be limited
from 7:00 am. to II :00 p.m., everyday. Deliveries shall only occur between
10:00 a.m. to 7:00 p.m., Monday through Friday.
3. The Walgreens shall not exceed 14,805 square feet.
4. The sale of alcoholic beverages is not permitted.
5. The proposed light fixtures in the parking lot area shall not exceed 15'-0" in
height since the site is 100' from residentially zoned properties. The height of
the light posts shall be measured from the elevation of the adjacent pavement of
the parking lot.
6. All the light fixtures shall be hooded and arranged to reflect away from the
adjoining properties and streets.
7. A minimum of 98 parking spaces shall be provided on site, and the parking
spaces shall be double striped in accordance with Municipal Code Section
9269.8.1.
8. A landscape and irrigation plan shall be submitted for review and approval
by the Community Development Administrator, or his/her designee prior to
issuance of a building permit.
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9. The proposed 10'-0" high masonry wall enclosure, which shall screen the
loading area, shall be constructed and finished with a material that IS
architecturally compatible with the building's exterior.
10. Per the Public Works condition, the applicant must remove and replace all
the trees within the parkway. The Street Superintendent shall determine the tree
size and type.
11. The proposed project shall comply with the conditions of approval by the
Engineering Division, as set forth in their memorandum, dated September 23,
2005.
12. The proposed project shall comply with the National Pollutant Discharge
Elimination System (NPDES) requirements required by the Public Works
Services Department, as set forth in their memorandum dated September 19,
2005.
13. The proposed project sball comply with the conditions of approval by the
Fire Department, as set forth in their memorandum, dated September 20, 2005.
14. Approval of CUP 2005-015 and ADR No. 2004-020 shall not take effect
until the property owner(s) and applicants have executed and filed with the
Development Services Department the Acceptance Form available from the
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Development Services Department to indicate awareness and acceptance of
these conditions of approval.
IS. 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 cboose its own
,attorney to represent the City, its officers, employees, and agents in the defense
oftbe matter.
SECTION 4. The decision, findings and conditions contained in this
Resolution reflect the Commission's action of October 11,2005, by the following
vote: (3-0)
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AYES:
NOES:
ABSENT:
Commissioners Baderian, Hsu, and Olson
None
Commissioners Lucas and Wen
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 11th day of October 2005, by the
following votes:
AYES:
NOES:
ABSENT:
Commissioners Baderian, Hsu, and Olson
None
Commissioners Lucas and Wen
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Chairman:-Pfanning Commission
City of Arcadia
'ssion
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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STAFF REPORT
Development Services Department
October 11 , 2005
TO:
FROM:
Arcadia Planning Commission
Donna L. Butler, Community Development Administrator
By: Lisa L. Flores, Senior Planner
SUBJECT:
Conditional Use Permit 2005-15 and Architectural Design
Review 2004-020 for a proposed Walgreens pharmacy and drug
store at 140 E. Live Oak Avenue.
SUMMARY
The subject applications were filed by Meeker Family Partners, LP on behalf of
Walgreens to allow a new Walgreens pharmacy and drug store at 140 E. Live
Oak Avenue. The Development Services Department is recommending approval
of the applications, and adoption of Resolution No. 1734, subject to the
conditions of approval outlined in this staff report.
GENERAL INFORMATION
APPLICANT: George Meeker of Meeker Family Partners. LP on behalf of
Walgreens
LOCATION: 140 E. Live Oak Avenue
REQUEST: A Conditional Use Permit and Architectural Design Review to
allow a new Walgreens drug store with a drive-thru pharmacy,
and a modification to allow a loading space closer than 100' from
residentially zoned property.
LOT AREA: 90,375 square feet (2.07 acres)
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FRONTAGE: Approximately 439' along Live Oak Avenue
Approximately 219' along Tyler Avenue
EXISTING LAND USE & ZONING:
A 2,400 square foot Jack in the Box restaurant at the southwest
comer of this site. The property is zoned C-2.
SURROUNDING LAND USES & ZONING:
North:
South:
East:
Strip commercial; zoned C-2
Single-family residential in LA County
Strip commercial and Albertsons Supermarket; zoned
C-2 and C-M & D.
Various retail building and Day Care Center; zoned C-2
West:
GENERAL PLAN DESIGNATION:
Commercial
BACKGROUND
. The proposed project involves 9 lots, totaling 90,375 square feet. Since
Walgreens intends to share the on-site parking area with the Jack in the Box
restaurant, as shown on the site plan, consolidation of the subject lots would be
required to adequately accommodate the proposed developments.
PROPOSAL
The applicant proposes to develop a new 14,805 square foot Walgreens drug
store with a drive-thru pharmacy. The drive-thru pharmacy will be located at the
westerly side of the building, and will be utilized by the customers for pick-up
prescriptions only. The planned drive-thru lane allows for the stacking of 4
vehicles. Based on staffs experience with other drive-thru pharmacies in the
City, a maximum of four cars typically use the drive-thru pharmacy per hour. The
drive-thru pharmacy will operate during the same business hour as the store,
which is from 10:00 a.m. to 10:00 p.m., everyday. There will be a total of 10
employees during each shift, and the employee parking will be located along the
westerly side of the property.
A loading area will be located at the rear of the building adjacent to the alley and
within 100' of residentially zoned property. In order to minimize disturbances to
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CUP No. 2005-015 and ADR No. 2004-020
October 11 , 2005
Page 2
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the nearby residences, a 10'-0" high masonry wall and a 5'-0" wide landscape
buffer will be constructed to serve as a noise buffer. Deliveries will occur once a
week in the morning during business hours.
Parkino
The existing Jack in the Box restaurant was constructed in 2000, and was
originally built with 49 parking spaces. However, as a result of new parking
requirements adopted in 2004, only 24 parking spaces are required for the Jack
in the Box restaurant (Le. 10 parking spaces for every 1,000 square feet). As for
the Walgreens, a total of 5 parking spaces are required for every 1,000 square
feet of gross floor area, totaling 74 parking spaces. Therefore, a total of 98
parking spaces are required for both uses. Based on the submitted site plan, 98
on-site spaces will be provided.
In regards to access, the subject site will have five driveways: two driveways on
Live Oak Avenue; two driveways off the adjacent alley; and one driveway on
Tyler Avenue. The parking area will be well lit by light fixtures that will not
exceed 15'-0" in height to meet public safety and visual impact concerns.
The City Engineer has reviewed this proposal. and has stated that in his opinion
the proposed drug store would not create a significant impact to the current traffic
or circulation patterns within the area since the on-site parking and circulation is
adequate for the proposed uses.
Architectural Desion Review
Staff and the City's architectural consultant support the proposed Spanish
Mediterranean style of architecture. The base color will be light beige with two
accent colors to accentuate the building. Specifically, the building will also have
deep roof eaves with exposed cornices on the tower, half-sided gable roofs along
the east and west side of the building, and stone veneer at the base. Further
enhancements include a variation of horizontal and vertical relief elements, a
covered walkway with arches along the east side of the building, a thick
decorative com ice along the roofline, and scorings on the building walls.
The proposed Walgreens will also be compatible in terms of architectural style
and color with the Jack in the Box restaurant. which is Spanish Mission.
Signage will be processed after the consideration of the Conditional Use Permit,
since the applicant requested additional time to design an appropriate monument
sign.
CUP No. 2005-015 and ADR No. 2004-020
October 11, 2005
Page 3
ANALYSIS
. A drug store is a permitted use in the C-2 zone, and does not require any special
permits. However, a conditional use permit is required for the drive-thru
pharmacy, and a modification must be granted to allow the loading space to be
located closer than 100' from residentially zoned property.
The City currently has three drive-thru pharmacies, a Walgreens at the northwest
comer of Santa Anita and Las Tunas Drive, a CVS pharmacy at 9952-9956 Las
Tunas Drive, and a Sav-on drug store at 188 W. Las Tunas Drive. Based on
staffs observation of the existing drive-thru pharmacies, it is believed that the
applicant's proposal will not create significant traffic problems or disruption to the
traffic on Live Oak Avenue.
The proposed location for the loading area would be screened from the
neighboring residences by a 10'-0" high masonry wall enclosure, and a sizeable
landscape buffer. The applicant has informed staff that deliveries will occur once
a week after 10:00 a.m.
There will be no off-site liquor sales.
CODE REQUIREMENTS
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All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, parking and site design shall be
complied to meet the satisfaction of the Building Official, Community
Development Administrator, Fire Marshall, and the Public Works Services
Director.
CEQA
Pursuant to the provIsions of the California Environmental Quality Act, the
Development Services Department has prepared an initial study for the proposed
project. Said initial study did not disclose any substantial or potentially substantial
adverse change that cannot be mitigated to a level that is less than significant 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. When considering the record as a whole, there is no
evidence that the proposed project will have any potential for an adverse effect
on wildlife resources or the habitat upon which the wildlife depends. Therefore, a
Negative Declaration has been prepared for this project.
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CUP No. 2005-015 and ADR No. 2004-020
October 11, 2005
Page 4
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:
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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 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 abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed
use.
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That the granting of such Conditional Use Permit will not adversely
affect the comprehensive General Plan.
RECOMMENDATIONS
The Development Services Department recommends approval of Conditional
Use Permit No. 2005-015 and Architectural Design Review No. 2004-020 to
allow a drive-thru pharmacy, and to allow a loading area within 100' from
residentially zoned property, subject to the following conditions of approval:
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1.
Prior to issuance of a buildinQ oermit, a lot consolidation of the subject lots
must be recorded by the Los Angeles County Recorder's Office to create
an appropriate parcel for the proposed development.
The hours of operation for the store and drive-thru pharmacy shall be
limited from 10:00 a.m. to 10:00 p.m., everyday.
The Walgreens shall not exceed 14,805 square feet.
The sale of alcoholic beverages is not permitted.
The proposed light fixtures in the parking lot area shall not exceed 15'-0"
in height since the site is 100' from residentially zoned properties. The
CUP No. 2005-015 and ADR No. 2004-020
October 11, 2005
Page 5
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height of the light posts shall be measured from the elevation of the
adjacent pavement of the parking lot.
6. All the light fixtures shall be hooded and arranged to reflect away from the
adjoining properties and streets.
7. A minimum of 98 parking spaces shall be provided on site, and the
parking spaces shall be double striped in accordance with Municipal Code
Section 9269.8.1.
8. A landscape and irrigation plan shall be submitted for review and approval
by the Community Development Administrator, or his/her designee prior to
issuance of a building permit.
9. The proposed 10'-0" high masonry wall enclosure, which shall screen the
loading area, shall be constructed and finished with a material that is
architecturally compatible with the building's exterior.
10. Per the Public Works condition, the applicant must remove and replace all
the trees within the parkway. The tree size and type shall be determined
by the Street Superintendent.
11. The proposed project shall comply with the conditions of approval set forth
by the Engineering Division in their memorandum, dated September 23,
2005.
12. The proposed project shall comply with the National Pollutant Discharge
Elimination System (NPDES) requirements required by the Public Works
Services Department, dated September 19, 2005.
13. The proposed project shall comply with the conditions of approval set forth
by Fire Department set forth in their memorandum, dated September 20,
2005.
14. Approval of CUP 2005-015 and ADR No. 2004-020 shall not take effect
until the property owner(s) and applicants have executed and filed the
Acceptance Form available from the Development Services Department to
indicate awareness and acceptance of these conditions of approval.
15. 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 conceming 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
CUP No. 2005-015 and ADR No. 2004-020
October 11, 2005
Page 6
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shall cooperate fully in the defense of the matter. 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.
PLANNING COMMISSION ACTION
Approval
The Planning Commission should move to adopt the Negative Declaration,
approve Conditional Use Permit Application No. 2005-015 and Architectural
Design Review No. 2004-020 to allow a drive-thru pharmacy, and a modification
to allow a loading space within 100' from residentially zoned property, and adopt
Resolution No. 1734 approving a new Walgreens pharmacy and drugstore at 140
E. Live Oak Avenue.
Denial
If the Planning Commission intends to deny this Conditional Use Permit, the
Commission should state the specific reasons for denial and direct staff to
prepare the appropriate resolution incorporating the Commission's decision and
specific findings.
If any Planning Commissioner, or other interested party has any questions
regarding this matter prior to the October 11, 2005 public hearing, please contact
Lisa Flores at (626) 574-5445.
Approved By:
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Community Development Administrator
Attachments:
Resolution No. 1734
Negative Declaration
Vicinity Map and Aerial Map
Full size and reduced copies of the plans
Color Renderings
CUP No. 2005-015 and ADR No. 2004-020
October 11 , 2005
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