Loading...
HomeMy WebLinkAbout1734 . . . 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 1 . 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. 2 . . . 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. 3 . . . 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. 4 . . . 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 5 . . . 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) 6 . . . 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 ~ Ae~~- Chairman:-Pfanning Commission City of Arcadia 'ssion APPROVED AS TO FORM: ~ ~'b-- (). ~ Stephen P. Deitsch, City Attorney 7 . . . 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) . 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 . CUP No. 2005-015 and ADR No. 2004-020 October 11 , 2005 Page 2 . . . . 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 . 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. , . 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: . 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. 5. 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: 2. 3. 4. 5. . 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 . . . 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 . . . 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: /7 --- -- 6~~~~ 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 Page 7