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HomeMy WebLinkAboutItem 2g: Adopt Ordinance 2284: Amending AMC to Alllow Automobile Fueling Stations and Automated Self-Service Car Washes in C-0 Zone ORDINANCE NO. 2284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX, CHAPTER 2, PART 7 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO THE CONDITIONAL USE PERMIT PROCESS TO ALLOW AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASHES IN THE C -O ZONE. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 9275.1.39.3 and 9275.1.39.3.1, Article IX, Chapter 2, Part 7 of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "9275.1.39.3 — AUTOMOBILE FUELING STATIONS. CBD and C--1- C -O or any less restrictive commercial or industrial zone. 9275.1.39.3.1 — AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASHES. G-1- C -O or any less restrictive commercial or industrial zone." SECTION 2. This Ordinance shall become effective on the thirty first (31st) day following its adoption. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ctAtab n, 1-e/L&(,' Stephen P. Deitsch City Attorney 2 ti4 Of A l? R 10. a - a7Uniy ° t 11'° STAFF REPORT Development Services Department DATE: May 17, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director3 By: Jim Kasama, Community Development Administrator Prepared By: Thomas Li, Associate Planner 11.- SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 10 -04 AND INTRODUCTION OF ORDINANCE NO. 2284 AMENDING ARTICLE IX, CHAPTER 2, PART 7 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO THE CONDITIONAL USE PERMIT PROCESS TO ALLOW AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASHES IN THE C -O ZONE, AND CONSIDERATION TO AFFIRM THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. CUP 10 -17 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -19. Recommendation: Introduce Ordinance No. 2284, and Approve CUP 10 -17 and ADR 10 -19. SUMMARY Text Amendment No. TA 10 -04, Conditional Use Permit Application No. CUP 10 -17, and Architectural Design Review No. ADR 10 -19 were submitted by Mr. Joseph Karaki, designer /engineer on behalf of the property owner, Mr. Hamid Kianipur, to allow the conversion of an existing automobile service station into an automobile fueling station with a convenience mart and an automated self - service car wash at 701 W. Huntington Drive. An aerial photo with zoning information and photos of the subject site are attached. These applications were reviewed by the Planning Commission, and they recommended approval of the Text Amendment, and approved the Conditional Use Permit and Architectural Design Review, pending the City Council's approval of the Text Amendment. The Development Services Department is recommending approval of the proposed Text Amendment, Conditional Use Permit, and Architectural Design Review, and introduction of the attached Ordinance No. 2284. BACKGROUND The property at 701 W. Huntington Drive is developed with a Unocal 76 service station that was constructed in 1967. There are 16 fueling positions, three (3) service bays, and a small snack shop. This service station pre -dates the Conditional Use Permit (CUP) requirements for gas stations. The Arcadia Municipal Code (AMC) currently does not have provisions for allowing automobile fueling stations (i.e., a gas station with at least 8 fueling positions and an optional 2,000 square feet of convenience retail sales area) in the C -O, Commercial -Office zones. The applicant is requesting a Text Amendment to the CUP Sections of the AMC to allow automobile fueling stations and automated self - service car washes in the C -O zones. In recent years, as vehicles have become more technologically advanced and computerized, the need and ability for general auto servicing to be done at gas stations has diminished. As a result, the service bays at the subject site are underutilized. The applicant has made extensive efforts in exploring alternatives to the automobile repair and maintenance services. Options that the applicant explored include an office building, coffee shops (e.g., Starbucks and The Coffee Bean & Tea Leaf) and restaurants, and convenience stores. The applicant is constrained by his contractual commitment to Unocal to sell gasoline at this site. The applicant found that adding an office building on this site is impractical, and he did not receive any interest from coffee shop companies or major restaurants. The Economic Development Division has followed up with Starbucks to see if there was any interest for this site because staff has received comments that such a use would be welcome in the subject area. Starbucks initially commented that they were not currently interested in expanding and were not accepting any new proposals. Staff followed up with the local location office in Burbank and is awaiting further response. DISCUSSION Text Amendment Section 9275.1.39.3 of the AMC lists "Automobile Fueling Stations" as permitted with a CUP in the CBD and C -1 or any less restrictive commercial or industrial zone. And, Section 9275.1.39.3.1 lists "Automobile Fueling Stations and Automated Self- Service Car Wash" as permitted with a CUP in the C -1 or less restrictive commercial or industrial zone. Since the subject property is zoned C -O, Commercial Office, a Text Amendment is necessary to allow any alteration or expansion of this existing automobile service station. Staff supports the inclusion of the C -O zone under the CUP Sections for automobile fueling stations and automated self - service car washes because the uses are consistent with the General Plan land use designation of "Commercial," which is to accommodate a wide range of commercial uses that serve both neighborhood and citywide markets. These uses should be eligible for consideration in the C -O zone, especially when located at major intersections. Therefore, staff recommends that Ord. 2284 — TA 10 -04 — CUP 10 -17 — ADR 10 -19 Automobile Fueling Station at 710 W. Huntington Dr. May 17, 2011 — Page 2 of 7 Sections 9275.1.39.3 and 9275.1.39.3.1 be revised as follows with the new language in Italics and strikeouts indicating the language to be deleted: 9275.1.39.3 - AUTOMOBILE FUELING STATIONS. CBD and G-1- C -O or any less restrictive commercial or industrial zone. 9275.1.39.3.1 - AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASHES. 4 C -O or any less restrictive commercial or industrial zone. If this Text Amendment is approved, a Conditional Use Permit will be authorized for the proposed automobile fueling station and automated self - service car wash. The Planning Commission has reviewed, and recommends that the City Council approve the proposed Text Amendment. Proposal and Conditional Use Permit The applicant is proposing to demolish the existing 1,568 square -foot automobile service building that consists of three (3) service bays and a small snack shop and office, and replace it with a 2,854 square -foot convenience store building and an 897 square-foot automated self - service car wash. The two (2) existing gasoline pump canopies over the 16 fueling positions will remain unchanged. The proposed plans are attached. Because this automobile service station is legal- nonconforming, any alteration or expansion of it would require a CUP. And, if the proposed Text Amendment is approved, the property will be eligible for a CUP to replace the automobile service station with a convenience store (Circle K) and an automated self - service car wash. As proposed, the 16 fueling positions under the two (2) canopies will remain. The new 2,854 square -foot convenience store building will have a sales floor area of 1,489 square feet, a 192 square -foot sandwich preparation area (Subway) a 135 square -foot office, a 182 square -foot cashier's kiosk, and the remaining 856 square feet will be restrooms and storage. The automobile fueling station (i.e., gasoline sales and convenience store) is proposed to operate 24 hours a day, seven (7) days a week. The sale of alcoholic beverages will be limited to beer and wine and to the times allowed by the State Department of Alcoholic Beverage Control. The hours of the car wash will be 7:00 a.m. to 10:00 p.m., seven (7) days a week. Lighting and Noise The Arcadia Police Department has reviewed this proposal and has no concerns about the sale of beer and wine, but they did express concerns about adequate lighting, and the noise of the car wash. Numerous lights are proposed throughout the subject site, and they are all required to be arranged and shielded to prevent any glare or reflection Ord. 2284 - TA 10 -04 - CUP 10 -17 - ADR 10 -19 Automobile Fueling Station at 710 W. Huntington Dr. May 17, 2011 - Page 3 of 7 onto adjoining streets or properties so as not to disrupt traffic or disturb the adjacent residents. To address noise concerns, the applicant submitted a sound attenuation study (see sheet no. AS -1.0A of the attached plans). The study shows that the car wash will generate a maximum sound or noise level of 54.2 decibels at the property lines of the adjacent residentially -zoned properties. This level complies with the maximum of 55 decibels permitted by the Arcadia Municipal Code. And, to help further reduce potential noise impacts to the neighbors, dense shrubbery is to be planted in front of the block wall that is to be along the property lines of the adjacent residentially -zoned properties. Parking and Traffic Circulation The Arcadia Municipal Code requires automobile fueling stations to provide three (3) parking spaces for every 1,000 square feet of retail sales area. The proposed convenience store, including the cashier's kiosk and sandwich preparation area will have 1,863 square feet of sales area, which requires a minimum of five (5) parking spaces. The proposal will provide 15 on -site parking spaces in addition to the 16 fueling positions. Five (5) spaces, including one (1) van - accessible handicap space will be in front of the convenience store, and the other 10 spaces will be at the north portion of the site with four (4) of these spaces to be designated for users of the car - vacuums and the air - and -water dispenser. There are five (5) existing driveway approaches at the subject site. The proposal will have only two (2) driveway approaches; one (1) facing each street (West Huntington Drive and South Baldwin Avenue). The reduced number of driveway approaches was requested by Engineering Services to improve traffic flow at this intersection. Architectural Design Review The proposed architecture is described as a Contemporary style, featuring an "S" -tile roof to match the existing pump canopies, smooth stucco, ledge stone veneer base, decorative wrought iron accents, and fabric awnings. Colored elevations are included with the attached plans. It is staffs opinion that the proposed architectural style is consistent with the City's commercial and industrial architectural design guidelines. PLANNING COMMISSION ACTION At its regular meeting on April 12, 2011, the Planning Commission considered Text Amendment No. TA 10 -04, Conditional Use Permit No. CUP 10 -17, and Architectural Design Review No. ADR 10 -19, and voted 5 -0 to recommend the approval of the Text Amendment, and approved the Conditional Use Permit and Architectural Design Review applications, subject to the following conditions and pending City Council approval of the Text Amendment. An excerpt of the April 12, 2011 Planning Commission Meeting Minutes is attached along with Planning Commission Resolution No. 1835, which the Commission adopted at their April 26, 2011 meeting. Ord. 2284 —TA 10 -04 —CUP 10 -17 —ADR 10 -19 Automobile Fueling Station at 710 W. Huntington Dr. May 17, 2011 — Page 4 of 7 1. The use approved by CUP 10 -17 and ADR 10 -19 is limited to the proposed automobile fueling station and automated self - service car wash. The automobile fueling station and automated self - service car wash shall be operated and maintained in a manner that is consistent with the proposal and 'plans submitted and approved for CUP 10 -17 and ADR 10 -19. 2. All regulations for automobile fueling stations pursuant to Arcadia Municipal Code Section 9275.4 shall be complied with unless determined otherwise under CUP 10 -17 and ADR 10 -19. 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 outside lighting shall be arranged and shielded to prevent any glare or reflection and any nuisance, inconvenience and hazardous interference of any kind on adjoining streets or properties to the satisfaction of the Development Services Director. 5. All on -site parking stalls shall be double- striped in accordance with Arcadia Municipal Code Section 9269.8.1. ft 6. The existing monument 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 separate sign architectural design review processes. 7. 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, and shall include dense shrubbery along all property lines that are adjacent to residentially -zoned properties. 8. The project shall comply with the following Fire Department requirements, subject to the approval of the Fire Marshal: a. Installation of an automatic fire sprinkler system per the City of Arcadia Fire Department Commercial Sprinkler Standard. b. Sprinkler systems that serve 20 sprinkler heads or more shall be fully monitored. c. Provision of a Knox box with keys for access to restricted areas. d. The building address number shall be posted on the south facing wall of the convenience store. The number shall be at least six inches (6 ") tall and of a color that contrasts with the color of the wall on which it is affixed. Ord. 2284 —TA 10 -04 —CUP 10 -17 —ADR 10 -19 Automobile Fueling Station at 710 W. Huntington Dr. May 17, 2011 — Page 5 of 7 9. The project shall comply with the following Engineering Services requirement: The sidewalk along the length of the Baldwin Avenue property line shall be replaced per City standards and to the satisfaction of the City Engineer. 10. •AII City requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of the Building Official and the Fire Marshal. 11. Approval of CUP 10 -17 and ADR 10 -19 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. 12. All conditions of approval shall be complied with prior to opening of the automobile fueling station and automated self - service car wash. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -17 and ADR 10 -19 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 automobile fueling station and automated self - service car wash. 13. 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. Subsequent to the Planning Commission's public hearing, a representative or tenant of the adjacent multiple - family development on Baldwin Avenue asked about the noise limits, and mentioned in particular, the noise of air hoses. In response, staff recommends the following additional condition of approval to address such noise issues: 14. All vacuum and air - and -water units shall comply with the maximum noise limitations set forth in Section 4610.3 of the Arcadia Municipal Code, which is 55 decibels from 7:00 a.m. to 10:00 p.m., and 50 decibels from 10:00 p.m. to 7:00 a.m. as measured at the property line of adjacent residential properties. Non - compliance with this Code Section shall be grounds for the relocation, replacement, or removal of the units. Operation of the vacuum units shall be Ord. 2284 — TA 10 -04 — CUP 10 -17 — ADR 10 -19 Automobile Fueling Station at 710 W. Huntington Dr. May 17, 2011 — Page 6 of 7 limited to the same times as the car wash; 7:00 a.m. to 10:00 p.m., seven (7) days a week. ENVIRONMENTAL ANALYSIS This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Class 1), Section 15305 (Class 5), and Section 15332 (Class 32) of the CEQA Guidelines as a negligible expansion of an existing facility, minor alterations in land use limitations, and an in -fill development. A Preliminary Exemption Assessment is attached. FISCAL IMPACT The proposed Text Amendment, Conditional Use Permit, Architectural Design Review, and Ordinance will have no significant fiscal impact. RECOMMENDATION The Development Services Department recommends acceptance of the CEQA exemption determination, that staff be directed to prepare the appropriate resolution for adoption at the next meeting for approval of Conditional Use Permit No. CUP 10 -17 and Architectural Design Review No. ADR 10 -19 with the added condition regarding noise issues, and approval of Text Amendment No. TA 10 -04 by introduction of Ordinance No. 2284: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX, CHAPTER 2, PART 7 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO THE CONDITIONAL USE PERMIT PROCESS TO ALLOW AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASHES IN THE C -O ZONE Approved By: Donald Penman, City Manager Attachments: Aerial Photo with Zoning Information Photos of the Site Ordinance No. 2284 Proposed Plans April 12, 2011 Planning Commission Meeting Minutes Excerpt Planning Commission Resolution No. 1835 Preliminary Exemption Assessment Ord. 2284 — TA 10 -04 — CUP 10 -17 — ADR 10 -19 Automobile Fueling Station at 710 W. 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L IEr:3 D 0 56 5% 5% 8 5% 1 s 1 E st ,° a _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1' r= _ i W 1 K N ,. K q l I P i W • I ,, II ii' F F 1 1, I m•000• Pm•0m O Y i - € e ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a — - Q _ 114,n0 , Q F ty - i 1 . - . a ‘t-, . „ pt 1 Y Y ZO z i-14 t C 5 o f 6 Q< F C- 2 � y V f, z i k Sl F Q E �' g P at; Li . i t 1 f 1 6 CC Z �i < tox x<< P.: g< 0 110 3 1 W • .0. . ...o y V -o 0 0 0 0 0 0 0 0 0 I 0 li i to r � Em; W �.� a i6s) N yea • April 12, 2011 Planning Commission Meeting Minutes Excerpt CONDITIONAL USE PERMIT NO. CUP 10 -17, AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -19, AND TEXT AMENDMENT NO. TA 10 -04 701 W. Huntington Dr. Joseph Karaki, designer /engineer on behalf of property owner, Hamid Kianipur The applicant is requesting a Conditional Use Permit, Architectural Design Review approval, and a Text Amendment to convert an existing service station into a fueling station with a convenience store and a drive - through carwash. Associate Planner, Tom Li, presented the staff report. Commissioner Beranek asked if the noise produced from the car wash would have a negative effect on the adjacent uses. Mr. Li explained that there is a dental office next door, and to ther ear are the garages for an apartment complex. Commissioner Chaio asked if there were plans for containment of contaminated wash water and Mr. Li said that the automated car wash would reuse the water. Commissioner Chiao asked if this development would generate traffic congestion at Baldwin and Huntington. Mr. Li said that the traffic plan was reviewed by Engineering and they determined that any additional traffic could easily be handled by the systems already in place, and that this development will close the two driveways closest to the corner, which will improve traffic flow at that area. Commissioner Baerg asked if approval of the project would be contingent on City Council approval of the Text Amendment, and if this Text Amendment would be applicable to the entire city. Mr. Li explained that City Council approval of the Text Amendment would be required and that the regulations set forth in the Text Amendment would apply to the City as a whole although any new applicant would be required to file a Conditional Use Permit application for review by the Planning Commission. Commissioner Baerg asked if this particular use can be limited to this specific location. Mr. Kasama explained that instead of a Text Amendment that effects the entire city, the zoning could be changed, but that would make this property eligible for any commercial use. It was determined that the restrictions imposed by a Conditional Use Permit will adequately regulate the proposed use. Commissioner asked if there are similar operations in the City. Mr. Kasama said that there is a similar business at Baldwin and Las Tunas in a C -2 a zone. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Hamid Kianipur, the property owner, said that his business has been serving the community for 15 years. He explained that the original auto repair business at the site has declined and he has had difficulty supporting his family. He considered different options for this property, but found the idea of a convenience store and car wash most promising. He asked the Commissioners to approve his project and said that he would like to stay in the community for a long time. Commissioner Baderian asked Mr. Kianipur if he would comply with all conditions of approval and Mr. Kianipur said he was aware of the conditions and would have no problem complying with them. Mr. Kianipur expressed his appreciation for the courtesy and cooperation granted by staff throughout the application process. Commissioner Baderian asked if the current water shortage will impede the growth of this business. Mr. Kianipur explained that the water shortage will not impede growth because water will be reclaimed and reused at the site. Mr. Joseph Karaki, the project architect, thanked staff for their work on the project. He assured the Commissioners that water conservation is important to his client and that they are also planning a state -of- the -art energy and lighting system. Mr. Karaki said they hope to achieve green certification. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Beranek to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to approve Conditional Use Permit No. CUP 10 -17, Architectural Design Review No. ADR10 -19 and Text Amendment No. TA 10 -04 and to direct staff to convey the Commission's recommendations and comments on the Text Amendment to the City Council, and to prepare the appropriate Resolution. ROLL CALL AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. RESOLUTION NO. 1835 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING APPROVAL OF TEXT AMENDMENT NO. TA 10 -04 AND APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -17 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -19 FOR THE CONVERSION OF AN EXISTING AUTOMOBILE SERVICE STATION INTO AN AUTOMOBILE FUELING STATION WITH A CONVENIENCE STORE AND AN AUTOMATED SELF - SERVICE CAR WASH AT 701 WEST HUNTINGTON DRIVE, PENDING THE CITY COUNCIL'S AFFIRMATION, AND THE APPROVAL AND EFFECTUATION OF AN ORDINANCE TO AMEND SECTIONS 9275.1.39.3 AND 9275.1.39.3.1 OF THE ARCADIA MUNICIPAL CODE TO ALLOW AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF- SERVICE CAR WASHES AT COMMERCIAL- OFFICE (C -O) ZONED PROPERTIES, SUBJECT TO AN APPROVED CONDITIONAL USE PERMIT. WHEREAS, on November 23, 2010, three applications were filed by Joseph Karakl, of Western States Engineering Inc. on behalf of the property owner, Hamid Kianipur for the conversion of an existing automobile service station into an automobile fueling station with a convenience store and an automated self - service car wash at 701 W. Huntington Drive, Development Services Department Cases Text Amendment No. TA 10 -04, Conditional Use Permit No. CUP 10 -17, and Architectural Design Review No. ADR 10 -19; and WHEREAS, the Conditional Use Permit and Architectural Design Review would not be applicable without the effectuation of an ordinance to implement the text amendment, which is subject to City Council consideration and approval, the Conditional Use Permit and Architectural Design Review are nevertheless being processed in conjunction with the text amendment so as not to separate the three applications, which are proposed by a particular applicant on behalf of a particular property owner for a particular piece of property, 701 West Huntington Drive; and WHEREAS, the Planning Commission action on a text amendment is advisory to the City Council, and normally would be definitive subject to appeal on a Conditional Use Permit and Architectural Design Review; in this situation, the Planning Commission's action on the Conditional Use Permit and Architectural Design Review by virtue of being dependent on the text amendment are essentially advisory and the Conditional Use Permit and Architectural Design Review are subject to consideration and a determination by the City Council; and WHEREAS, a public hearing was held by the Planning Commission on April 12, 2011, 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, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated April 12, 2011 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. The proposed fueling station is consistent with the existing General Plan Land Use Designation of the subject property and will not conflict with the existing uses at or around the subject site. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The text amendment, if approved, would authorize an automobile fueling station and an automated self - service car wash with an -2- 1835 approved Conditional Use Permit in any C -O or Tess restrictive commercial or industrial zone. 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 subject proposal is designed to avoid impacts to surrounding uses, will improve traffic flow, provides a surplus of on -site parking, and enhances the landscaping of the site. 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 bordecpd by arterials that accommodate high volumes of traffic. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. An automobile fueling station is a use that is consistent with the Commercial Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants approval of Conditional Use Permit Application No. CUP 10 -17 and Architectural Design Review No. ADR 10 -19 for the proposed fueling station and car wash at 701 W. Huntington Drive, subject to approve by the City Council and the effectiveness of Text Amendment No. TA 10 -04, and recommends City Council approval of Text Amendment No. TA 10- 04 to allow automobile fueling stations and automated self - service car washes at Commercial -Office (C -O) zoned properties with a Conditional Use Permit, subject to the following conditions of approval: -3- 1835 1. The use approved by CUP 10 -17 and ADR 10 -19 is limited to the proposed automobile fueling station and automated self - service car wash. The automobile fueling station' and automated self - service car wash shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -17 and ADR 10 -19. 2. All regulations for automobile fueling stations pursuant to Arcadia Municipal Code Section 9275.4 shall be complied with unless determined otherwise under CUP 10 -17 and ADR 10 -19. 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 permited. 4. All outside lighting shall be arranged and shielded to prevent any glare or reflection and any nuisance, inconvenience and hazardous interference of any kind on adjoining streets or properties to the satisfaction of the Development Services Director. 5. All on -site parking stalls shall be double- striped in accordance with Arcadia Municipal Code Section 9269.8.1. 6. The existing monument 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 separate sign architectural design review processes. 7. 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 -4- 1835 building permit, and shall include dense shrubbery along all property lines that are adjacent to residentially -zoned properties. 8. The project shall comply with the following Fire Department requirements, subject to the approval of the Fire Marshal: a. Installation of an automatic fire sprinkler system per the City of Arcadia Fire Department Commercial Sprinkler Standard. b. Sprinkler systems that serve 20 sprinkler heads or more shall be fully monitored. c. Provision of a Knox box with keys for access to restricted areas. d. The building address number shall be posted on the south facing „wall of the convenience store. The number shall be at least six inches (6 ") tall and of a color that contrasts with the color of the wall on which it is affixed. 9. The project shall comply with the following Engineering Services requirement: The sidewalk along the length of the Baldwin Avenue property line shall be replaced per City standards and to the satisfaction of the City Engineer. 10. 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. 11. Approval of CUP 10 -17 and ADR 10 -19 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. -5- 1835 12. All conditions of approval shall be complied with prior to opening of the automobile fueling station and automated self - service car wash. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -17 and ADR 10 -19 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 automobile fueling station and automated self - service car wash. 13. 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. [SIGNATURES ON NEXT PAGE] -6- 1835 Passed, approved and adopted this 26 day of April, 2011. e air an 1- ing Commission ATTEST: Ka s cumkk—__ Secre ary • APPROVED AS TO FORM: P 1 Stephen P. Deitsch City A torney -7- 1835 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, LISA FLORES, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1835 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 26th day of April, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Beranek, Chiao and Parrille NOES: None ABSENT: Commissioner Baerg r VIrn KA,SaVYV Secretary of the tanning Commission t i.taxz w. �i Ii CITY OF ARCADIA 04 milks . 240 W. HUNTINGTON DRIVE 6,;•....... /. ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: TA 10 -04, CUP 10 -17, and ADR 10 -19 2. Project Location — Identify street 701 W. Huntington Drive, northwest corner of W. Huntington Drive address and cross streets or attach and S. Baldwin Avenue a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking A. Mr. Joseph Karaki, Western States Engineering, Inc., project: 4887 E. La Palma Avenue, Ste. 707, Anaheim, CA 92807 B. Other (Private) (1) Name i (2) Address 4. Staff beterm ination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 01, 05, and 32 f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. El The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: February 24, 2011 Staff: Thomas Li Preliminary Exemption Assessment\2010 FORM "A"