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HomeMy WebLinkAbout1803RESOLUTION NO. 1803 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09-03 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 09- 03 TO REPLACE AN EXISTING SERVICE STATION WITH AN AUTOMOBILE FUELING STATION: A 2,400 SQUARE-FOOT, 24-HOUR CONVENIENCE STORE (DBA 7-ELEVEN) WITH THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION AND EIGHT (8) SELF- SERVICE FUELING PUMPS AT 2 E. DUARTE ROAD WHEREAS, on March 11, 2009, an application was filed by Alan Yu to replace an existing service station with an automobile fueling station: a 2,400 square-foot, 24- hour convenience store (dba 7-Eleven) with the sale of beer and wine for off-site consumption and eight (8) self-service fueling pumps; Development Services Department Case No. CUP 09-03 and Architectural Design Review No. ADR 09-03, at 2 E. Duarte Road; and WHEREAS, a public hearing was held by the Planning Commission on September 8, 2009, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated September 8, 2009 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 improvements in such zone or vicinity because the proposed use will be compatible with the surrounding uses, and it will be appropriate for the subject site since it was previously a service station, and the proposed project will provide adequate parking for the convenience store. 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 businesses in the subject project 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 evaluation of the environmental impacts as set forth in the initial study are appropriate within the meaning of the California Environmental Quality Act of 1970, and therefore, a Negative Declaration should be approved. 7. 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 1803 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09-03 and Architectural Design Review No. ADR 09- 03, to replace an existing service station with an automobile fueling station: a 2,400 square-foot, 24-hour convenience store (dba 7-Eleven) with the sale of beer and wine for off-site consumption and eight (8) self-service fueling pumps at 2 E. Duarte Road, subject to the following conditions: 1. The use approved by CUP 09-03 and ADR 09-03 is limited to the automobile fueling station. The fueling station shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-03 and ADR 09-03. 2. All regulations on automobile fueling stations pursuant to Arcadia Municipal Code Section 9275.4 shall be complied with unless determined otherwise under CUP 09-03 and ADR 09-03. 3. Signs attached to the gasoline pumps, pump island canopy supports, light standards, and/or bollards, which advertise specific products or services shall not be permitted. 4. All light fixtures shall be hooded and arranged to reflect away from the adjoining properties and streets. 5. There shall be no more than four (4) employees on duty at any one time. 6. All on-site parking stalls shall be double-striped in accordance with Arcadia Municipal Code Section 9269.8.1. 7. The existing free-standing sign shall be removed and replaced with a monument sign limited to a maximum height of 8'-0", located at least a minimum of 25'- 1803 0" from the intersection, as shown on the submitted plans or as determined by the City Engineer. The design of the subject monument sign, along with the other proposed signs, shall be subject to a separate sign architectural design review process. 8. A landscape and irrigation plan shall be submitted for review and approval by the Community Development Administrator or designee prior to the issuance of a building permit. 9. The project shall comply with all conditions of approval as set forth by Water Services of the Public Works Services Department in their memorandum dated May 5, 2009. 10. The project shall comply with all the items set forth for the Stormwater Plan to comply with the National Pollutant Discharge Elimination System (NPDES) requirements by the Public Works Services Department in their Stormwater Plan Check Correction Sheet dated May 13, 2009. 11. The project shall comply with all requirements set forth by the Fire Department in their memorandum dated April 17, 2009. 12. The applicant shall address the recommendations of the Police Department in their memorandum dated April 22, 2009 to the satisfaction of the Police Chief. 13. The project shall comply with all conditions of approval set forth by Engineering Services in their memorandum dated September 4, 2009. 14. All City requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of the Building Official and the Fire Marshal. 4 1803 15. Approval of CUP 09-03 and ADR 09-03 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 16. All conditions of approval shall be complied with prior to opening of the automobile fueling station. Noncompliance with the plans, provisions and conditions of approval for CUP 09-03 and ADR 09-03 shall be grounds for immediate suspension or revocation of any approvals, which could result in a delay of the Certificate of Occupancy or the closing of the fueling station. 17. 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 5 1803 Passed, approved and adopted this 8t" day of September, 2009. Chairrm , Planning Commission ATTEST: S~~6ry,flan--niing Commission APPROVED AS TO FORM: st-wk.I. "'C'4 Stephen P. Deitsch, City Attorney 1803 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1803 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 8th day of August 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Beranek, Hsu and Parrille NOES: None ABSENT: Commissioner Baerg of the Planning Commission Mpr lW STAFF REPORT September 8, 2009 TO: Arcadia Planning Commission Development Services Department FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner -ri- SUBJECT: Conditional Use Permit Application No. CUP 09-03 and Architectural Design Review No. ADR 09-03 to replace an existing service station with an automobile fueling station: a 2,400 square-foot, 24-hour convenience store (dba 7-Eleven) with the sale of beer and wine for off- site consumption and eight (8) self-service fueling pumps at 2 E. Duarte Road. SUMMARY Mr. Alan Yu, lessee of the subject property, submitted Conditional Use Permit Application No. CUP 09-03 and Architectural Design Review No. ADR 09-03 to replace an existing service station with an automobile fueling station: a 2,400 square- foot, 24-hour convenience store (dba 7-Eleven) with the sale of beer and wine for off- site consumption and eight (8) self-service fueling pumps at 2 E. Duarte Road. It is staffs opinion that the proposal is appropriate for the location and will not have any adverse impacts upon the neighboring properties. The Development Services Department is recommending approval of CUP 09-03 and ADR 09-03, subject to the conditions in this staff report. GENERAL INFORMATION APPLICANT: Mr. Alan Yu (Lessee) LOCATION: 2 E. Duarte Road REQUEST: A Conditional Use Permit (CUP 09-03) and Architectural Design Review (ADR 09-03) to replace an existing service station with an automobile fueling station: a 2,400 square-foot, 24-hour convenience store (dba 7-Eleven) with the sale of beer and wine for off-site consumption and eight (8) self-service fueling pumps SITE AREA: 15,786 square feet (0.36 acre) FRONTAGES: 119 feet along Duarte Road 119 feet along Santa Anita Avenue 125 feet along an alley EXISTING LAND USE & ZONING: The site is developed with a service station with three service bays and 8 fueling pumps constructed in 1949 and is zoned C-2 - General Commercial SURROUNDING LAND USES & ZONING: North: Exxon Service Station -zoned C-2 South: Multiple-Family Dwellings - zoned R-3 East: Commercial Use - zoned C-2 West: Arcadia Library - unzoned GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Application Nos. CUP 09-03 and ADR 09-03 were mailed on August 12, 2009 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). This notice, along with the Notice of Intent to adopt a Negative Declaration, were published in the Arcadia Weekly newspaper on August 24, 2009. BACKGROUND The subject site is developed with an Arco Service Station that has been in operation since 1949. The service station consists of three services bays and eight (8) fueling pumps. The current operating hours of the service bays are 8:30 a.m. to 5:00 p.m., Monday to Saturday, and closed on Sunday. The fueling pumps are open 24 hours a day, seven days a week, with no attendants from midnight (12:00 a.m.) to 5:00 a.m. CUP 09-03 and ADR 09-03 2 E. Duarte Road September 8, 2009 Page 2 PROPOSAL AND ANALYSIS The applicant is proposing to demolish all the existing structures on the subject property and construct an automobile fueling station with a 2,400 square-foot, 24- hour convenience store (dba 7-Eleven) and eight (8) self-service fueling pumps. The convenience store will be selling beer and wine for off-site consumption. A Conditional Use Permit (CUP) is required for this proposal under the following Arcadia Municipal Code Sections: • AMC Sec. 9275.1.39.3 - An automobile fueling station in the C-2 (General Commercial) zone. • AMC Sec. 9275.1.53.6 - any retail business selling beer and wine for off- site consumption within 150' of any residentially zoned area. • AMC Sec. 9275.1.53.7 - any retail business operating more than 16 hours a day, or which are open to the public any time between midnight (12:00 a.m.) and 6:00 a.m. The proposed automobile fueling station is a similar use to the existing automobile service station. The difference is that an automobile fueling station is a gas station with a convenience store, and no service bays. The dispensing of gasoline will remain at eight (8) fueling pumps. The proposal for the sale of beer and wine for off-site consumption and hours of operation has been reviewed by the Arcadia Police Department. The final plans were revised to reflect changes that address safety concerns. These changes mainly involve lighting and building access. The Police Department's memorandum is attached, as are the memoranda from the other City services. Parkinq The proposed automobile fueling station will have ten (10) on-site parking spaces. By Code, automobile fueling stations are required to provide three (3) parking spaces for every 1,000 square feet of retail sales area in addition to the fueling positions, and one space for every employee on duty. With approximately 2,000 square feet of retail sales area, the convenience store is required to provide six (6) on-site parking spaces. The remaining four (4) parking spaces may be utilized for employee parking. Therefore, to satisfy the parking requirements, staff recommends a condition to limit the fueling station to have no more than four (4) employees on duty at any one time. CUP 09-03 and ADR 09-03 2 E. Duarte Road September 8, 2009 Page 3 Architectural Design Review Concurrent with the Conditional Use Permit, the Planning Commission may approve, conditionally approve, or deny the architectural design of the proposed structures. The applicant describes the architectural style as "contemporary suburban retail." It features stucco finish with different shades of beige, and columns and pilasters finished with ledgestone veneer. Building elevations are enhanced by visual modulations achieved by pilasters and variation in materials and colors. It is staffs opinion that the proposed structures meet the criteria as set forth in the Architectural Design Review Guidelines. The proposed site layout includes removal of the two (2) driveway approaches nearest the intersection, as suggested by Engineering Services. Also, locating the convenience store to the easterly portion of the property allows for better on-site traffic circulation, and an increase in landscaping areas. It is staffs opinion that the proposal satisfies all the prerequisite conditions for granting a Conditional Use Permit and approving the Architectural Design Review. Therefore, staff recommends approval of the subject applications. Additional Information The applicant was able to solicit 20 letters of support from the surrounding neighbors. A copy of this form letter is attached with a list of the neighbors who signed them. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking, and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Development Services Director, Fire Marshal, Police Chief, and Public Works Services Director. CEQA Pursuant to the provisions of the California Environmental Quality Act, the Development Services Department prepared an Initial Study for the proposed project. Said Initial 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. Therefore, the attached Negative Declaration was prepared for this project. CUP 09-03 and ADR 09-03 2 E. Duarte Road September 8, 2009 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. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 09-03 and Architectural Design Review No. ADR 09-03, subject to the following conditions: 1. The use approved by CUP 09-03 and ADR 09-03 is limited to the automobile fueling station. The fueling station shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-03 and ADR 09-03. 2. All regulations on automobile fueling stations pursuant to Arcadia Municipal Code Section 9275.4 shall be complied with unless determined otherwise under CUP 09-03 and ADR 09-03. 3. Signs attached to the gasoline pumps, pump island canopy supports, light standards, and/or bollards, which advertise specific products or services shall not be permitted. 4. All light fixtures shall be hooded and arranged to reflect away from the adjoining properties and streets. CUP 09-03 and ADR 09-03 2 E. Duarte Road September 8, 2009 Page 5 5. There shall be no more than four (4) employees on duty at any one time. 6. All on-site parking stalls shall be double-striped in accordance with Arcadia Municipal Code Section 9269.8.1. 7. The existing free-standing sign shall be removed and replaced with a monument sign limited to a maximum height of 8'-0", located at least a minimum of 25'-0" from the intersection, as shown on the submitted plans or as determined by the City Engineer. The design of the subject monument sign, along with the other proposed signs, shall be subject to a separate sign architectural design review process. 8. A landscape and irrigation plan shall be submitted for review and approval by the Community Development Administrator or designee prior to the issuance of a building permit. 9. The project shall comply with all conditions of approval as set forth by Water Services of the Public Works Services Department in their memorandum dated May 5, 2009. 10. The project shall comply with all the items set forth for the Stormwater Plan to comply with the National Pollutant Discharge Elimination System (NPDES) requirements by the Public Works Services Department in their Stormwater Plan Check Correction Sheet dated May 13, 2009. 11. The project shall comply with all requirements set forth by the Fire Department in their memorandum dated April 17, 2009. 12. The applicant shall address the recommendations of the Police Department in their memorandum dated April 22, 2009 to the satisfaction of the Police Chief. 13. The project shall comply with all conditions of approval set forth by Engineering Services in their memorandum dated September 4, 2009. 14. All City requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of the Building Official and the Fire Marshal. 15. Approval of CUP 09-03 and ADR 09-03 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. CUP 09-03 and ADR 09-03 2 E. Duarte Road September 8, 2009 Page 6 16. All conditions of approval shall be complied with prior to opening of the automobile fueling station. Noncompliance with the plans, provisions and conditions of approval for CUP 09-03 and ADR 09-03 shall be grounds for immediate suspension or revocation of any approvals, which could result in a delay of the Certificate of Occupancy or the closing of the fueling station. 17. 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 If the Planning Commission intends to approve this proposal, the Commission should move to approve Application Nos. CUP 09-03 and ADR 09-03, state the supporting findings, including the acceptance of the Negative Declaration, and adopt Resolution No. 1803, which incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Application Nos. CUP 09-03 and ADR 09-03, state the finding(s) that the proposal does not satisfy, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the September 8t' public hearing, please contact Associate Planner, Thomas Li at (626) 574-5447, or tli(&-ci.arcadia.ca.us. CUP 09-03 and ADR 09-03 2 E. Duarte Road September 8, 2009 Page 7 Approved by: J ity Development Administrator Attachments: Aerial Photo & Vicinity Map with Zoning Information 300-foot Radius Map Proposed Plans Photos of Subject Property Department Comments Letter of Support List of Neighbors in Support Environmental Documents Resolution No. 1803 CUP 09-03 and ADR 09-03 2 E. Duarte Road September 8, 2009 Page 8