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:
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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
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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