HomeMy WebLinkAbout280 (96)RESOLUTION NO. 280 (96)
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A
CONDITIONAL USE PERMIT CASE NO. 96-15-CUP TO CONSTRUCT
AND OPERATE A MINI-IMARKET AND SELF SERVICE GASOLINE
STATION ON PROPERTY ZONED M-2 LOCATED ON THE
NORTHWEST CORNER OF ARROW HIGHWAY AND IRWINDALE
AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF.
A. RECITAL
(i) The Applicant, ARCO Products Company in conjunction with Irwindale
Partners, the landowner has made a request for a Conditional Use Permit pursuant to Section
17.80.030 of Title 17, the Zoning Ordinance, to permit the construction and operation of a new 24-
Hour ARCO arn/pm mini-market convenience store, including sales of beer and wine, and a
detached canopy for self-service gasoline sales, and drive-thru food service, to be located on the
northwest corner of Arrow Highway and Irwindale Avenue, Irwindale, California, 92706, in the
County of Los Angeles. Hereinafter in this Resolution, the subject Conditional Use Permit shall be
referred to as the "Application".
ii) On October 3, 1996, the Planning Commission conducted a duly noticed public
hearing, as required by law, and continued the hearing to November 7; 1996, at which time they
concluded the hearing prior to the adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is hereby found, determined and resolved by the Planning
Commission of the City of Irwindale as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Planning Commission
during the public hearing conducted with regard to the Application, including written staff reports,
verbal testimony and development plans, this Planning Commission hereby specifically fmds as
follows:
a. The proposed use and development, as conditioned herein are
consistent with the M-2 Zone in accordance with the City's Zoning Ordinance and the General
Plan.
b. The site is adequate in size, shape, topography, location, utilities and
other factors to accommodate the use and development thereof.
c. Adequate street access and traffic capacity are or will be available to
serve the proposed development, as well as existing and anticipated development in the surrounding
area.
d. Adequate utilities and public services are or will be available to
serve the proposed development, as well as existing and anticipated development in the surrounding
area.
e. The use and development, as conditioned herein, will be compatible
with the existing and intended character of the area.
f. The proposed use, as conditioned herein, will not be materially
detrimental to the public welfare of injurious to the adjacent properties.
3. The Planning Commission specifically finds that in accordance with the
Initial Study prepared with regard to the Application and Negative Declaration No. ND-96-32,
which have been prepared in compliance with the provisions of the California Environmental
Quality Act of 1970, as amended, and guidelines promulgated thereunder, this proposal will not
have a significant impact on the environment. This Commission finds that said ~e~atG
Declaration reflects the independent judgment of the City of Irwindale.
4. The Planning Commission specifically finds and determines that, having
considered the record as a whole, including the findings set forth herein, the changes and
alterations which have been incorporated into and conditioned upon the project proposed in the
Application, there is no evidence before this Planning Commission that the project proposed herein
will have the potential of adverse effect on wildlife resources or the habitat upon which wildlife
depends. Based upon substantial evidence, this Planning Commission hereby rebuts the
presumption contained in Section 753.5(d) of Title 14 of the California Code of Regulations.
Notwithstanding any other provision of this Resolution, if the California department of Fish and
Game requires payment of a fee pursuant to Section 711.4 of the California Fish and Game Code,
payment thereof shall be made by the Applicant prior to the issuance of any building permit or
other entitlement with regard to the project.
d
t 5. Based upon the substantial evidence and conclusions set forth hereinabove,
this Planning Commission hereby approves the Application subject to the conditions set forth in
Exhibit A attached hereto and by this reference incorporated herein, which conditions are deemed
necessary to protect the public health, safety and general welfare and are reasonable and proper in
accordance with the intent and purposes of Title 17 of the Irwindale Municipal Code.
6. The Secretary shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified
mail, to the applicant at the address of record set forth in the Application.
ADOPTED AND APPROVED this 7th day of November, 1996
Chairman
I, Ronald H. Smothers, Secretary of the Planning Commission of
the City of Irwindale, do hereby certify that the foregoing Resolution was adopted at a regular
meeting of the Planning Commission of the City of Irwindale held on the 7th day of November,
1996 by the following vote:
AYES: COMMISSIONERS: Bernal, Garcia, and Chairman Gallardo
NOES: COMMISSIONERS: Aguayo
ABSENT: COMMISSIONERS: Arnbirz
ABSTAIN: COMMISSIONERS : None A
EXHIBIT "ASS
CONDITIONS OF APPROVAL
FOR ARC0 am/pm @ ARROW HIGHWAY & IRWINDALE AVENUE
CONDITIONAL USE PERMIT NO. 96-15-CUP
1. This Conditional Use Permit may be revoked for any violation of or noncompliance
with any of these conditions or other codes, regulations of standards enforced by or beneficial
to the City of Irwindale in accordance with Section 17.80.140 of the Zoning Ordinance.
2. The use authorized by this Conditional Use Permit shall commence and construction
started and be substantially completed within one year.
3. The applicant shall defend, indemnify and hold harmless the City of Irwindale, its
agents, officers, or employees from any claims, damages, action, or proceeding against the
City or its agents, officers, or employees to attack, set aside, void or annul, an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use
Permit 96-15-CUP. The City will promptly notify the permittee of any such claim, action, or
proceeding against the City and will cooperate fully in the defense.
4. The use and improvements shall conform to the plans as finally approved by the City as
conditioned herein, and any appreciable modification shall require the prior approval of the
Planning Commission pursuant to the amendment of the Conditional Use Permit.
5. Prior to any Final Permit being granted or commencement of the approved use, these
conditions and all improvements shall be completed to the reasonable satisfaction of the City.
6. All improvements, including fire and life safety improvements, shall comply with
applicable building and safety codes.
7. Plans for this facility shall be submitted to the Fire Department and Building
Department for review and imposition of public safety conditions, which conditions shall be
satisfied prior to installation by Applicant.
8. Applicant agrees to allow city inspectors to reasonably inspect the site during normal
working hours to assure compliance with these conditions and other codes.
9. Applicant shall maintain the facility and use thereof in full compliance with all codes,
standards, policies and regulations imposed by the City, County, State or Federal agencies
with jurisdiction over the facility.
10. A subdivision map reconfiguring the property boundaries to be consistent with the
plans approved herein shall be prepared, processed, approved and recorded prior to the
issuance of building permits for this project.
11. Any and all fees required to be paid to any public agency shall be paid prior to the
obtaining of any permit for this project.
12. The driveway on Arrow Highway shall accommodate right turn in and right turn out
movements only. Plans shall be prepared to describe any necessary modifications to the
median in Arrow Highway to assure control of this driveway's access movements, subject to
the approval of the City Engineer.
13. The driveway on Irwindale Avenue shall be limited to right turn in and right turn out,
thereby not permitting the median break proposed in the Applicant's traffic study.
14. The Applicant shall be responsible for the preparation of plans for and construction of
sidewalks, handicapped curb ramps, driveway aprons and curb cuts, subject to the approval of
the City Engineer.
15. The City of Irwindale is in the process of developing a Congestion Management
Program Ordinance. This project shall comply with this ordinance and to the approval of the
Metropolitan Transit Authority (MTA). The debits are estimated to be 36, but shall not exceed
72. The projects against which these debits are to be applied, and the value of such projects,
shall be determined by the ordinance and the MTA.
16. The project's impact on the intersection of Arrow Highway and Irwindale Avenue, as
discussed in the County Traffic Department's review of the project traffic study, shall be
mitigated with the following provisions:
a. Six (6) feet of dedication will be required off of the north side of Arrow
Highway, along the entire holdings of Richard R. Stenton, the new owner of
the vacant sites in this area, including the ARC0 am/pm site.
b. The median in Arrow Highway shall be extended to the intersection to prevent
left hand turns in and out of the subject property.
c. The west bound land striping on Arrow Highway will have to be realigned on
each side of the intersection, due to the construction of the new median island.
d. The Applicant shall submit a plan for the Irwindale Avenue island
improvements necessary to prevent left hand turns in and out of the subject
property for the approval of the City Engineer.
17. Prior to the filing of a subdivision map to reconfigure the subject lot, the owner of this
property and the adjacent parcels shall submit a Conceptual Plan for the four parcels of land
between Arrow Highway and Salvatierra Street and west of Irwindale Avenue. This plan shall
address the likely development of this property and its circulation and street access needs.
This plan shall be subject to the Planing Commission's review and approval.
18. The landscape plan for this project shall be subject to the review and approval of the
City Planner prior to the issuance of building permits.
19. The drive-thru service window shall be located as near the southwest corner of the
building as is practical, but in no case shall there be less than six auto stacking spaces within
the drive-thru lane. The drive-thru food service facilities shall be subject to the review and
approval of the Planning Commission prior to the filing of building permit applications.
20. The off-sale of alcoholic beverages requested by this application is subject to the City
Council granting authorization for the issuance of an ABC License, pursuant to Section
23958.4(b)(2) of the California Business and Professions Code.
21. Alcoholic beverages sales shall be limited to beer and wine only.
22. The hours of sale of beer and wine shall be limited so that no sales begin before 10:OO
a.m. and none after 10: 00 p.m. furthermore, all alcoholic beverages shall be stored in
containers/cases that can be locked before 10:OO a.m. and after 10:OO p.m.
23. The Applicant shall post signage at mini mart precluding consumption of alcoholic
beverages on site and precluding loitering.
24. The Applicant shall post signs at the mini mart in compliance with any and all
municipal codes notifying the public in both English and Spanish with regard to open
containers .
25. All alcoholic beverages sold shall be placed in clear plastic bags.
26. The Applicant shall post signage regarding the prohibition of sale/consumption of
alcohol to and by minors.
27. Exterior advertising shall comply with all local sign ordinances and there will be no
advertising indicating the availability of alcoholic beverages.
28. There will be no beer and wine advertisement located on the motor fuel island.
29. No fortified wines shall be sold.
\
30. No ice in quantities of less than two (2) pounds hall be sold, furnished or given away.
31. No beer or wine will be displayed within five feet of the cash register of the front door
unless it is a permanently affixed cooler
32. No beer or wine display will be made from and ice tub.
33. No single bottle or can sales of beer will be permitted, a minimum of a six pack is
required.
34. No self illuminating advertising for beer and wine shall be located on the building or
windows .
35. To the extent permitted by law, employees who sell beer and wine shall be at least 21
years of age and all employees shall receive appropriate training on the sale of alcoholic
beverages.
36. There will be no coin operated amusement devices or video games on the premises.
37. The Applicant will secure the premises with appropriate security lighting. Employees
will scrutinize adjacent areas under which the Applicant has control to preclude trash, graffiti
or littering and any lighting under control of the applicant shall be directed in such a manner
so as no to unreasonably interfere with the public right of way or surrounding properties. The
Applicant shall further provide adequate lighting above the entrance area to the premises
sufficient in strength to make visible the identity and actions of all persons entering or exiting
the premises.
38. The Applicant' shall maintain free of litter all areas of the premises under which the
Applicant has control.
39. Any graffiti painted or marked upon the premises shall be removed or painted over
within 24 hours of the discovery thereof.
40. A sign will be posted in the window to identify that the cash register contains $50.00 of
less in cash and the drop safe is not accessible to employees.
41. The mini mart is to be equipped with a security camera that is capable of receiving an
image on film or tape that can be made a permanent record and that can be enlarged through
projection or other means. Cameras will be maintained in proper working order at all times
and shall be subject to periodic inspection by the local police department.
42. The stucco treatment required of the proposed building shall be applied to achieve a
"medium" textured, subject to the approval of the City Planner.
43. The signing on the building, in particular the ARC0 amlpm sign shall be accomplished
as shown on the building elevations, as opposed to that shown on the detail sheet no. UP-6.
44. Facilities shown on this project's plans that are to serve the pubic, such as restroom,
and the air and water unit, shall be available to the public for the life of this conditional use
permit.
45. A restrictive covenant will be established and recorded that limits the number and
general location of driveways on Irwindale Avenue and Arrow Highway to that shown on the
Conceptual Plan and summarized as follows:
a) One shared driveway on Irwindale Avenue frontage.
b) One shared driveway on Arrow Highway between the Arco amlpm site and the
neighboring site to the west.
c) One driveway on Arrow Highway near the west property line.
ACCEPTANCE
IlWe have read and do hereby accept all of the conditions contained in this document
and all other conditions imposed by the Conditional Use Permit, and do agree that IfWe
shall conform with and abide by such conditions. #'
DATED: ~-Js-~ 7
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