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HomeMy WebLinkAbout1824RESOLUTION NO. 1824 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -11 TO AMEND CONDITIONAL USE PERMIT NO. CUP 05- 12 (RESOLUTION NO. 1736) TO ALLOW THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION IN AN EXISTING 12,610 SQ.FT. DRUG STORE (DBA: WALGREENS) AT 253 E. FOOTHILL BLVD. WHEREAS, on July 7, 2010, an application was filed by Mr. Robert M. Silverman of Walgreen Co. (dba: Walgreens) to amend the previously approved Conditional Use Permit No. CUP 05 -12 for the existing drug store at 253 E. Foothill Blvd., Development Services Department Case No. CUP 10 -11; and WHEREAS, a public hearing was held by the Planning Commission on August 10, 2010, 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 August 10, 2010 are 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 proposal is for the permission to sell beer and wine in an existing drug store and will not change the use of the property. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized as outlined under Arcadia Municipal Code Section 9275.1.53.6. 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. The proposal is to permit the sale of beer and wine in an existing drug store and will not expand the existing use beyond the size and shape of the site can accommodate. 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. The subject site is located on an arterial that will accommodate any increase in traffic as a result of the addition of the sale of the beer and wine. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposal is part of a retail use that is consistent with the Commercial Land Use Designation in the General Plan for the subject property. 6. That the proposal to add the sale of beer and wine in an existing drug store qualifies as a Class 5 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA) as a minor alteration in land use limitations per Section 15305 of the CEQA Guidelines. Furthermore, the addition of the sale of beer and wine in an existing drug store will not have a substantial adverse impact on the environment, and based upon the record as a whole there is no evidence that the sale of beer and wine in an existing drug store will have any potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -11 for the sale of beer and wine at the existing drug store at 253 E. Foothill Blvd., subject to the following conditions: -2- 1824 1. The location of the display of the beer and wine shall be subject to the review and approval of the Arcadia Police Department and any additional security measures required by the Arcadia Police Department shall be provided by and at the expense of the drug store owner and /or operator. 2. The use approved by CUP 10 -11 is limited to the addition of the sale of beer and wine in the existing drug store and it shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -11 and CUP 05 -12, subject to the satisfaction of the Development Services Director or designee. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -11 and CUP 05 -12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the drug store. 4. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 5. 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 -3- 1824 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. 6. Approval of CUP 10 -11 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this /6 day of Aus-u57, 2010. ATTEST: APPROVED AS TO FORM: i Stephe P. Deitsch, City Attorney 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. 1824 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 10th day of August, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, Chiao and Parrilie NOES: None ABSENT: Commissioner Baderian ary of the Planning Commission