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