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HomeMy WebLinkAbout1730 . RESOLUTION NO. 1730 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-10 FOR THE SALE OF BEER AND WINE WITHIN AN EXISTING SPECIALTY FOOD MARKET AT 171 E. LIVE OAK AVENUE UNIT A WHEREAS, on April 3, 2005, a conditional use permit application was filed by Stanley Szeto, licensing consultant, for the sale of beer and wine; Development Services Department Case No. CUP 2005-10, at 171 E. Live Oak A venue, unit A; and WHEREAS, a public hearing was held by the Planning Commission on . May 24, 2005, at which time 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 factual data submitted by the Development Services Department in the attached report dated May 10, 2005 is true and correct. SECTION 2. This Commission finds: 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 I . . . improvements in such zone or vicinity because the initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a proper 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. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, 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. 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 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. 2 . . . SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 2005-10, for the sale of beer and wine at 171 E. Live Oak Avenue, unit A, upon the following conditions: I. 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. 2. Non-compliance with the provisions and conditions of this Conditional Use Permit shall constitute grounds for the immediate suspension and revocation of said permit. 3. Approval of CUP 2005-10 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. 4. 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 3 . . . 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 attorney to represent the City, its officers, employees, and agents in the defense of the matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of May 24,2005, by the following votes: A YES: Commissioners Baderian, Hsu, Lucas, Olson, Wen NOES: None 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 forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the May 24, 2005, by the following votes: AYES: Commissioners Baderian, Hsu, Lucas, Olson, Wen 4 . . . NOES: None Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: ~p~ Stephen P. Deitsch, City Attorney ~~./ Chairman, Planning Commission City of Arcadia 5 . . . STAFF REPORT Development Services Department May 24, 2005 TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: Thomas P. Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 2005-10 for the sale of beer and wine in a specialty food market at 171 E. Live Oak Avenue, unit A SUMMARY The subject Conditional Use Permit application was submitted by the licensing consultant. Stanley Szeto. to sell beer and wine in a specialty food market at 171 E. Live Oak Avenue, unit A. The Development Services Department is recommending approval of this application, subject to the conditions as listed in the staff report. GENERAL INFORMATION APPLICANT: Stanley Szeto (licensing consultant) LOCATION: 171 E. Live Oak Avenue, unit A REQUEST: A Conditional Use Permit (CUP) for the sale of beer and wine in a specialty food market within 150 feet from a residential zone. LOT AREA: 20,790 sq.ft. (0.48 acre) FRONTAGES: 157 feet along Live Oak Avenue 90 feet along Second Avenue . EXISTING LAND USE & ZONING: The subject property is improved with a five-unit commercial center, and is zoned C-2 & D. SURROUNDING LAND USES & ZONING: North: A parking lot, and single-family dwellings; zoned PR-3 and R-1 respectively. South: fast food restaurant (Jack-in-the-box); zoned C-2 East: vacant land; zoned C.1 West: take-out food sales (Pizza Hut); zoned C-2 GENERAL PLAN DESIGNATION: Commercial PROPOSAL AND ANALYSIS . The proposal is a request to sell beer and wine for off-site consumption in an existing 2,500 sq.ft. specialty food market within a neighborhood commercial center. This activity is typically permitted in commercial zones by right, subject to compliance with other applicable sections of the Arcadia Municipal Code and State laws. In this case, a Conditional Use Permit (CUP) is required because the subject site is within 150 feet of residentially zoned property. The current operation involves the sale of Korean specialty foods and items. The hours of operation are Monday through Saturday, 9:00 a.m. to 8:00 p.m., and Sunday, 9:00 a.m. to 6:30 p.m. The applicant is requesting to include the incidental sale of beer and wine in addition to their current store items. In staffs opinion, the. proposal would not create a negative impact upon the neighboring residential properties. The SUbject site is surrounded by existing commercial development, with residential properties to the north, which are separated from the site by an alley, a parking area, heavy landscaping, and a public street (Sandra Avenue). The State Department of Alcoholic Beverage Control regulates the sales of alcoholic beverages. Other than the standard conditions, no additional City restrictions are considered necessary at this time. Should a problem arise in the future, the City has the ability to address nuisance situations by recalling or revoking a CUP or certain provisions of a CUP through the public hearing process, and the State Department of Alcoholic Beverage Control can also revoke or amend a license to sell alcoholic beverages. . CUP 2005-10 May 24,2005 Page 2 . CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director. . CEQA Pursuant to the provIsions of the Califomia Environmental Quality Act, the Development Services Department has prepared an Initial Study for the proposed project. Said IlJitial 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 that could not be made less than significant with mitigation incorporation. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared for this project. 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. . CUP 2005-10 May 24, 2005 Page 3 . RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 2005-10, subject to the following conditions: . 1. 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. 2. Non-compliance with the provisions and conditions of this Conditional Use Permit shall constitute grounds for the immediate suspension and revocation of said permit. 3. Approval of CUP 2005-10 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. . 4. 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 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 approve Conditional Use Permit Application No. CUP 2005-10, file the Negative Declaration, and adopt Resolution No. 1730 to approve CUP 2005-10 for the sale of beer and wine at 171 E. Live Oak Avenue, unit A. . CUP 2005-10 May 24, 2005 Page 4 . . . 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 the appropriate resolution incorporating the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the May 24th public hearing, please contact Thomas Li at ( 26) 574-5447. nna L. Butler Community Development Administrator Attachments: Floor and Site plans Vicinity Map & Aerial Photograph with Zoning Information Environmental Documents Resolution No. 1730 CUP 2005-10 May 24, 2005 Page 5 . . ; . T ---~~ . . - 1-- - .. --- ,----- I. l------: -:~==_=- 1 I __ I -, - ~~ ~HCI.a --- --, - ,... . t I r- ~ ! . . 'l ~~-- ~ --J I~ I I - ~ 0 ~~ f'LCCI' 'PUoM EB -- li _ _I I I .1 " I. I 1 ,I - J . - II i I, H ~ If ~ n wI. N I i ill i f Iii ~~ ~ >:- .. <t'" i:lJ o<!;: ;1; ~,c f~I~8:1 l~d:!f; - ~ -- - ....,...". -- ~ 1 .... '-' ..--~ ~ - I ~~""'"""" ~~ __J JOIttPPdTUlEtO. ~F~----------------:'-;;-::;-=--=;;"--------------- i!l= I , L . ."t..-~ ._-. i"!" t~~2.. .' "i' !~~~~ r ",0' .; It , "I. I I I r f,4 exlSTl~ aNi: STORY eu!LOIH6 'I'OINfr~~TICItW.II""...e.~ """OI'l'~~-AM7fflE .~ , I , i1= . it==1 ! L-- ! . 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(2533) (2S32) -.I (2601) (2600) (2601) (2600) (2607) SANDRA AVE ~ (2610) c::( ~ 0 0 UJ (211) CIJ (201) (161) LIVE OAK AVE (1 ~ (212) (200) (210) (164) (148) (152) ~ (144) (150) (154) (132) (136) (146) c::( (128) (138) (134) (142 ffi (130) (140 (156) (158) ~ 1fs 171 E Live Oak Avenue, #A CUP 05-10 Development Setvices Depattment Engineering Division Flvpomd by: RS.GonzsJez. April. 2005 . File No. CUP 2005-10 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Conditional Use Permit No. CUP 2005-10 2. Project Address (Location) 171 E. Live Oak Avenue, unit A 3. Project Sponsor's Name, Address & Telephone Number: Stanley Szeto 879 W. Ashiya Road, Montebello, CA 90640 (626) 512-5050 . 4. Lead Agency Name & Address: City of Arcadia - Development Services Department Community Development Division - Planning Services 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 5. Lead Agency Contact Person & Telephone Number: Donna Butler, Community Development Administrator (626) 574-5442 6. General Plan Designation: Commercial 7. Zoning Classification: C-2 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) A Conditional Use Permit for the sale of beer and wine within a specialty market in an existing commercial retail center. . CEOA Env. Checklist Part 1 -1- 4/03 . . . File No. CUP 2005-10 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) North: , A parking lot, and single-family dwellings; zoned PR-3 and R-1 respectively. fast food restaurent (Jack-in-the-box); zoned C-2 vacant land; zoned C-1 take-out food sales (Pizza Hut); zoned C-2 South: East: West: 10. Other pUblic agencies whose approval is required (e.g., permits, financing approval, or participation agreement): The City Building Services, Engineering Division, Fire Marshall, Public Works Services, and Water Services will review the construction plans for the tenant improvements for compliance with all applicable construction and safety codes and will oversee construction and installation of any necessary infrastructure or improvements on-site and/or within and along the public right-of-way. The tenant improvements for the coffee shop will also be reviewed by the Los Angeles County Health Department for compliance with local health codes. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Biological Resources [ ] Geology/Soils [ ] Hydrologytwater Quality [ ] Mineral Resources [ ] Population & Housing [ ] Recreation [ ] Utilities and Service Systems [ ] Mandatory Findings of Significance [ ] Air Quality [ I Cultural Resources [ ] Ha18rds & Hazardous Materials [ ] Land Use & Planning [ I Noise [ I Public Services [ I Transportation I Circulation DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: CECA Env. Checklist Part 1 -2- 4/03 . . . File No. CUP 2005-10 [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, an ENVIRONMENTAL IMPACT REPORT is required. [] I find that the proposed project MAY have a significant effect on the environment, but that at least one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards and has been addressed by mitigation measures based on that earlier analysis as described on attached sheets, and if any remaining effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," an ENVIRONMENTAL IMPACT REPORT is required, but it only needs to analyze the effects that have not yet been addressed. [] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report pursuant to applicable standards and have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ~.~~ " ignature Aoril 8. 2005 Date Thomas Li Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the Impact simply does not apply to projects such as the one involved (e.g., the project is not within a fault rupture zone). A "No Impact" answer should be explained Where it is based on project-specific factors as well as general standards CECA Env. Checklist Part.1 -3- 4/03 . . . File No. CUP 2005.10 (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction related as well as operational impacts. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more, "Potentially Significant Impact" entries when the determination is made, an Environmental Impact Report is required. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17 "Earlier Analyses" may be cross-referenced). 3. 4. 5. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration {Section 15063(c)(3)(D)}. Earlier analyses are discussed in Section 17 at the end of the checklist. a) Earlier Analyses Used: Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist, references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. CECA Env. Checklist Part 1 -4- 4/03 File No.: CUP 05-10 . Less Than Pl)tentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation 1. AESTHETICS - Would the project a) Have a substantial adverse effecton a scenic vista? 0 0 0 t8I b) Substantially damage scenic resources, including, but not limited 0 0 0 t8I to, trees, rock outcroppings, and historic buildings within a state scenic highway? _. 3. . c) Substantially degrade the existing visual character or quality of the site and its surroundings? o t8I o o d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? o t8I o o The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area and will not have any of the above impacts. AGRICULTURE RESOURCES - In determining whether impacts to agriculture resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Aasessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency to non-agricultural use? o o o t8I b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o t8I o o c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? o t8I o o The proposed sale of baer and wine will be in an existing commercial reteil center in a fully developed area and will not have any of the above impacts. AIR QUALITY - Where available, the significance criteria established by the applicable air quality managernent or air pollution control district may be relied upon to make the following determinations. Would the project: CECA Checklist 5 4-03 . . . a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? . c) Result In a cumulatively considerable net increase of any criteria pollutant for which the project region Is non-attainment under an applicable federal or state ambient air quality standard (Including releasing emissions which exceed quantitative thresholds for ozone precursors)? e) Expose sensitive receptors to substantial pollutant concentrations? f) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact o o o o o Less Then Significant WI\h' Mitigation Incorporation o o o o o File No.: CUP 05-10 Less Than Slgnlflca.t Impact o o o o o No Impact I8l I8l I8l I8l I8l The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area. Because the proposed use is subject to applicable air quality regulations as administered by the South Coast Air Quality Management District, it will not have any of the above impacts. 4. BIOLOGICAl RESOURCES - Would the project: a) Have a substantial adverse Impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomla Department of Fish and Game or U.S. Fish and Wildilfe Service? b) Have a substantial adverse Impact on any riparian habitat or other sensitive natural community Identified in local or regional plans, policies, and regulations or by the Califomia Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (Including but not limited to , marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological Interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? CEQA Checklist 6 o o o o o o o o o o o o I8l I8l I8l I8l 4-03 File No.: CUP 05-10 . PotentiaRy Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact e) Conflict with any local policies or ordinances protecting biological 0 0 0 [8) resources, such as a tree preservation polley or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation 0 0 0 [8) Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area and will not have any of the above impacts. 5. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the si,gnificance of a 0 0 0 [8) historical resource as defined In ~ 15064.5? b) Cause a substantial adverse change in the significance of an 0 0 0 I8J . archaeological resource pursuant to ~ 15064.5? c) Directly or indirectly destroy a unique paleontological resource or 0 0 0 [8) site or unique geologic feature? d) Disturb any human remains, including those interred outside of 0 0 0 [8) formal cemeteries? The proposed sala of beer and wine will ba in an existing commercial retail center in a fully developed area and will not have any of the above impacts. 6. GEOLOGY AND SOilS - Would the project: a) Expose people or structures to potential substantial adverse 0 0 0 [8) effects, Including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the 0 0 0 [8) most recent Alquist-Priolo Earthquake Fault Zoning -Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Ii) Strong seismic ground shaking? 0 0 0 [8) . Iii) Seismic-related ground failure, Including liquefaction? 0 0 0 [8) CEQA Checklist 7 4-03 . . . v) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that Is unstable, or that would become unstable as a result of the project. and potentially result in on- or off-site landslida, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil as defined In Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the usa of septic tanks or altemative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Significant Impact o o o o o Less Than Slgnlflcant WIIh Mitigation Incorpomtion o o o o o File No.: CUP 05-10 Less Than Significant Impact o o o o o No Impact ~ ~ ~ ~ ~ The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area. The proposal does not include any excavation, grading or filling. The project is connected to the local sewer system. The project will not have any of the above impacts. 7. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Craate a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials Into the environment? c) emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would It create a significant hazard to the public or the environment? CECA Checklist 8 o o o o o o o o o o o o ~ ~ ~ ~ 4-03 . . . e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. would the project result In a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a siglficant risk of loss, Injury or death Involving. wildland fires, Including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact o o o o File No.: CUP 05-10 Less Than Significant With Mitigation Incorporation o o o o Less Than Significant Impact o o o o No Impact 181 181 181 181 The proposed sale of beer and wine wili be in an existing commercial retail center in a fully developed area and will not have any of the above impacts. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? b) Substantially alter the existing drainage pattern of the site or area, InCluding through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? c) Substantially alter the existing drainage pattem of the site or area, Including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff In a manner which would result In flooding on. or off-site? d) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? CEQA Checklist 9 o o o o o o o o o o o o 181 181 181 181 4-03 . . . e) Otherwise substantially degrade water quality f) Violate any other water quality standards or' waste discharge requirements? g) Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year floodplain structures which would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, Injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Expose people or structures to Inundation by seiche, tsunami or mudflow? k) During project construction, will it create or contribute runoff water that would violate any water quality standards or waste dischrage requirements, Including the terms of the City's mUnicipal separate stromwater sewer system persmit? I) After the project is completed, will it create or contribute runoff water that would violate any water quality standards or waste dischrage requirements, including the terms of the CIty's municipal separate stormwater sewer system permit? m Allow polluted stormwater runoff from delivery areas or loading ) docks or other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered, or other outdoor work areas, to impair other waters? n) Potential for discharge of stormwater to cause significant harm on the biological integrity of the waterways and water bodies including municipal and comestic supply, water contact or non- contact recreation and groundwater recharge? CEQA Checklist 10 Potentially Significant Impact o o o o o o o o o o File No.: CUP 05-10 Less Than Significant With Mltigallon Incorporation o o o o o o o o o o Less Than Slgnlftcant Impact o o o o o o o o o o No Impact [81 [81 [81 [81 [81 [81 [81 [81 [81 [81 4-03 File No.: CUP 05-10 . Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation 0) Oischrage stormwater so that significant harm ;s caused to the 0 0 0 IZ1 biological Integrity of watelWays or water bodies? p) Significantly alter the flow velocity or volume of storm water runoff 0 0 0 IZ1 that can use environmental harm? q) Signlflcantly increase erosion, either on or off-stie? o o o IZ1 The proposed sale of beer and wine will be in an existing commerciel retail center in a fully developed area. The proposed use will be subject to an Industrial Wastewater Discharge Permit so as not to violate Regional Water Quality Control Board water quality standards or waste discharge requirements. The proposal will not after absorption rates, drainage patterns, surface runoff, surface water conditions, or ground water conditions. The site Is within the Santa Anita Dam Inundation Area, but will not expose people to any additional or increased ha1:ard levels. The project will not have any of the above impacts. 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? o o o IZ1 . b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over Ihe project (including. but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for 'the purpose of avoiding or mitigating an environmental effect? o o o I8l c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o o o IZ1 The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area and will not have any oftha above Impacts. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o I8l b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o I8l The proposed sale of beer and wine will be in an existing commercial retail canter in a fully developed area and will not have any of the above impacts. .. NOISE - Would the project result in: CEOA Checklist 11 4-03 . a) Exposure of persons to or generation of noise levels in excess of standards established In the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or,groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without th.e project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? . e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the 0 project expose people residing or working In the project area to excessive noise levels? Potentially Signlflcant Impact o o o o o File No.: CUP 05-10 Less Than Significant With Mitigation Incorporation o o o o o o Less Than Slgnlflcant Impact o o o o o o No Impact rgj rgj rgj rgj rgj rgj The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area and will not have any of the above impacts. 12. POPULATION AND HOUSING . Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension o/roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o o o o o o o rgj rgj rgj The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area and will not have any offhe above impacts. .. PUBLIC SERVICES - Would the project: a) Result in substantial adverse physical impacts associated with the CEQA Checklist 12 4-03 . . . provision of new or physically altered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause significant environmental impacts, In order to maintain acceptable service ratios, response limes or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporation o o o o o File No.: CUP 05-10 Less Than Significant Impact o o o o o No Impact 181 181 181 181 181 The proposed sale of beer and wine will be in an existing commercial reteil center in a fully developed area and will not have any of the abova impacts. 14. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facUlties such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? o o o o o o 181 181 The proposed sale of beer and wine will be in an existing commercial retail center in a fully developed area and will not have any of the above impacts: 15. TRANSPORTATIONITRAFFIC - Would the project: a) Cause an Increase In traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at Intersections )? b) Exceed, either Individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result In a change In air traffic pattems, including either an increase in traffic levels or a change in location that results In substantial safety risks? CeQA Checklist 13 o o o o o o o o o 181 181 181 4-03 . .6. . d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate-emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially Significant Impact o o o o Less Than Significant With Mitigation InCOlJlOration o o o o File No.: CUP 05-10 Less Than Significant Impact o o o o NO Impact [gJ [gJ [gJ [gJ The proposed sale of beer end wine will be in en existing commercial reteil center in e fully developed eree thet hes en on-site perking deficiency accordIng to code requirements. This proposel would increase theintenslty of the use end would increase the parking shortage. Also, the loading and unloading of students would cause e temporary congestion near an intersection. The congestion could be mitigated by limiting the number of students to where the provided spaces would be sufficient to serve as loading spaces. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facUities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result In the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et seq. (SB 610), end the requirements of Government Code Section 664737 (58221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? CECA Checklist 14 o o o o o o o o o o o o o o o [gJ [gJ [gJ [gJ [gJ 4-03 File No.: CUP 05.10 . Potentially Significant Impact Less Than Significant With . Mitigation Incorporation Less Than Significant Impact No Impact f) Be served by a landfill with sufficient permitted capacity to 0 0 0 [81 accommodate the project's solid waste disposal needs? g) Comply with federal, state and local statues and regulations 0 0 0 [81 related to solid waste? The proposed sale of /Jeer and wine will be in an existing commercial retail center in a fully developed area and will not have any of the above impacts. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the 0 0 0 [81 environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of . the major periods of Califomia history or prehistory? b Does the project have impacts that are Individually limited, but 0 0 0 [81 cumulatively considerable? ("Cumulatively considerable" means that the Incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause 0 0 0 [81 substantial adverse effects on human beings, either directly or Indirectly? The proposed sale of beer and wine will be in an existing commercial retail center ina fully developed area and will not have any oftha above impacts. . CEQA Checklist 15 4-03 . FileNo. CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 ENVIRONMENTAL INFORMATION FORM Date Filed: Generallnformatioll . 1. Applicanfs Name: Stanley Sz",to Address: 879 W. ~~hiy~ Rd, Mnntphplln. ~~ qn~4n 2. Property Address (Location): 171 E. Live Oak Ave. Unit #A. Arcadia. CA 91006 Assessor's Number. 5789-020-027 3. Name, address and telephone number of person. to be contacted concerning this project: Stanley Szeto (626)512-5050 879 W. Ashiya Rd, Montebello, CA 90640 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Conditional use permit for retail sales and off-site ~onsurnptinn 5. of beer and wine for an existing specialty food store Type 29 L~cense, Department of Alcoholic Beverage Gontrol Zone ClassIfication: Commprri" 1 6. General Plan Deslgnation:rnmmp,..,.;" 1 Proiect Descrintion 8. 9. 10. 11. 12. 13. 14. . 15. 7. Proposed use of site (project description): Please refer to attached Site size: 20 r 290 sqft Square footage per building: 2,507 sqft tenant leasehold space wi thin a commercial center Number of floors of construction: one Amount of off-street parking provided: 35 Proposed scheduling of project: as soon as conditional use permit and ABC license are secured Anticipated incremental development: N / A If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type nf household sh:es expected: N/A If commercial, indicate the type, i.e. neighborhood, city or regionally oriented, square footage of sales area, __.I 1__..1:__ C..._:1!.o..:__ 1..____ _c_____...:__. . please refer to attached 16. If industria~ indicate type, estimated employment per shift, and loading facilities: N/A 17. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project; N/A 18. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is required: City requires conditional use permit for alcohol sales within 100' of residentially zoned properties. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necesswy). 19. . 20. 21. 22. .23. 24. 25. 26. 27. .28. YES NO Change in existing features of any hills, or substantial alteratin of ground contours. [J ~ 0 Ii) 0 Ii) 0 Ii) 0 Ii) 0 Ii) 0 Ii) 0 1iJ 0 liI YES NO 0 liI El.R. 01/14/04 Page 2 Change in scenic views or vistas from existing residential areas or publiclands or roads Change in pattern, scale or character of general area of project. Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in vicinity. Change in ground water quality or quantity. or alteration of existing drainage pattersn. Substantial change in existing noise or vibration levels in the vicinity . Issite on filled land or on any slopes of 10 percent or more. Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) .29. 30. 31. 32. 33. 34. 35. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc. o o o ua [iJ [iJ Ga [il [il lEI . Environmental Settinl! . 36. Describe (on a separate sheet) the project site as it exists before the project, including infonnation on topography, soil stability, plants and animals, any cultural, historical or scenic aspects, any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. Relationship to a larger project or series of projects. StOrtll water system discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks, or other outdoor work areas? A significantly environmentally hannful increase in the flow rate or volume of stonn water o runoff? A significantly environmentaIly harmful increase in erosion of the project site or surrounding areas? o 37. Describe (on a separate sheet) the surrounding properties, including information on plants, animals, any cultural, historical or scenic aspects. Indicate the type ofland uses (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yards, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Stonn water discharges that would signilicantly impair the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.)? o Hann to the biological integrity of drainage systems and water bodies? o Certification I hereby certifY that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and infonnation presented are true and correct to the best of my knowledge and belief. ~ - 2/-~f)~ Date . E.I.R. 01/14/04 Page 3 . . . Environmental Settine: PROPOSED USE: Pursuant to the Arcadia Municipal Code, herein is a request of a conditional use permit for retail sales and off-site consumption of beer and wine for an existing 2,507 square foot specialty food (Korean) store on a 20,290 square foot commercial site. 15. 2,507 square foot existing specialty food store within a neighborhood commercial center with loading facilities in the rear of building. Hours of operation: Mon-Sat 9:00 AM-8:00 PM Sun 9:00 AM-6:30 PM I. The proposed project is a conditional use permit for retail sales and off-site consumption of beer and wine for an existing 2,507 square foot specialty food store within a multi-tenant commercial shopping center in the City of Arcadia, CA. The site is apfroximately 20,290 square feet of flat land at the northwest comer of Live Oak Ave and 2n St. There are no known plants, animals, cultural, historical, or scenic aspects that have existed before the project. The other uses on the site are also commercial. 2. The surrounding properties are commercial with single family residences to the north of the subject. The proposed retail sales and off-site consumption of beer and wine for the existing specialty food store will not intensify the existing uses on the site or in the surrounding area. The proposed retail sales and off-site consumption of beer and wine will not change the topography or soil stability. It also will not affect any existing plans, animals, cultural, historical, or scenic aspects in the area Assessor Map . 57~9 ~ SCAlI I'" - so' .2 003 . ~,t.CT .NQ. 19I.Ql U.B.829-aa- 39 .. S. ARCADIA ACREAGE .. TRe.CT.. M.B.10-18 TRACT NO. 1~670 u. S. 245-47-48 TRACT NO. 12215 lA. S. 270.10 CODE '88' 189. ..... "'" ruv. ........ ,.....,.,J ~7B9 -19 . Counly of Los Angeles: Riel< Auerbat:h, Assessor _._'ftUI~1 ." -.. 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