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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 ~~~lic%&'s signature