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HomeMy WebLinkAboutItem 2STAFF REPORT Development Services Department DATE: June 11, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: CONDITIONAL USE PERMIT NO. CUP 12 -21 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 12 -28 WITH A CLASS 3 EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO REMODEL AN EXISTING 750 SQUARE -FOOT BUILDING FOR THE SALE AND RENTAL OF USED CARS, WITH OUTDOOR STORAGE OF 14 VEHICLES AT 102 WEST LAS TUNAS DRIVE. Recommended Actions: Approve Conditional Use Permit No. 12 -21, Approve Architectural Design Review No. ADR 12 -28, and Find that the Project is a Class 3 Exemption from CEQA SUMMARY The applicant, Mr. Jason Sun, submitted Conditional Use Permit Application No. CUP 12 -21 and Architectural Design Review No. ADR 12 -28 to remodel an existing 750 square -foot building and improve the 13,965 square -foot site for the sale and rental of used cars, with outdoor storage of 14 vehicles at 102 West Las Tunas Drive — see the attached plans. An aerial photo and photos of the site are attached. It is recommended that the Planning Commission approve this application, subject to the conditions listed in this staff report. BACKGROUND APPLICANT: Mr. Jason Sun, Architect LOCATION: 102 West Las Tunas Drive REQUEST: Conditional Use Permit No. CUP 12 -21 and Architectural Design Review No. ADR 12 -28 to remodel an existing 750 square -foot building and improve the 13,965 square -foot site for the sale and rental of used cars, with outdoor storage of 14 vehicles. SITE AREA: 13,965 square feet (0.32 acre). FRONTAGES: 60 feet along Las Tunas Drive & 60.92 feet along W. Live Oak Avenue EXISTING LAND USE & ZONING: The site is developed with a 750 square -foot commercial building constructed in 1947, and is zoned C -2, General Commercial. SURROUNDING LAND USES & ZONING: North: Dental Office, zoned C -O South: Commercial Warehouse Building, zoned C -M East: Burger King, zoned C -2 West: Animal Hospital, zoned C -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) — The Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. DISCUSSION The subject property has an area of 13,965 square feet and is developed with a 750 square -foot commercial building. Asphalt paving covers most of the property. The site was previously used as a construction equipment and party supply rental yard. The applicant is requesting approval of a Conditional Use Permit and Architectural Design Review to remodel the existing commercial building and improve the site for the sale and rental of used cars. The open paved area will be striped to provide six (6) parking spaces, and 14 additional spaces for the display and storage of used cars, as shown on the attached Site Plan. The proposed business hours are 9:00 a.m. to 6:00 p.m., daily. It is anticipated that of two employees will be present most of the time. Parking Per Code, the required parking ratio for a used car sale and rental establishment is five (5) spaces per 1,000 square -feet of gross floor area. For the subject building with 750 square feet of gross floor area, a minimum of four (4) spaces is required. The applicant is proposing to provide six (6) parking spaces for customers and employees, including one (1) handicap parking space. This is a surplus of two (2) spaces. A 23'-4" wide driveway is proposed on the property to provide through access between Las Tunas Drive and Live Oak Avenue. This will allow for vehicle deliveries and pick -ups to occur on site and not obstruct any public rights -of -way. A condition requiring that all deliveries and pick -ups be conducted on site will minimize traffic impacts on Las Tunas Drive and Live Oak Avenue. CUP 12 -21 & ADR 12 -28 102 West Las Tunas Drive June 11, 2013 — Page 2 of 6 To comply with the requirement that ten (10) percent of the parking area be landscaped, a 408 square -foot landscape area will be installed along the easterly portion of the customer parking spaces. It is also recommended that landscaping be added at the Las Tunas Drive property line, and that the landscaping along the Live Oak Avenue property line be enhanced. This additional landscaping shall be subject to approval by the Community Development Administrator. Per Code, a trash and recycling enclosure must be provided. Based on the proposed layout of the property, it is recommended that the enclosure be built in the southeasterly portion of the property. The enclosure must be designed to comply with current environmental and building requirements, and is subject to approval by the Community Development Administrator. Architectural Design Review Concurrent with consideration of the Conditional Use Permit application, the Planning Commission may approve, conditionally approve, or deny the architectural design of this proposal. The architectural style of the proposed building is described as, "Modern." The building will be remodeled with warm neutral - colored stucco finishes, medium -grey canopies with hanger support rods, white trim moulding along the tops of the parapets, and anodized aluminum framed windows with clear tempered glass — see the attached building elevations. The existing chain -link fences will be replaced with six -foot (6') high concrete block walls along the side property lines to match the existing walls. Six -foot high wrought iron fences and motorized gates will be installed along the street frontage on Live Oak Avenue, and adjacent to the rear of the building that faces Las Tunas Drive. It is staffs opinion that the proposed design is consistent with City's Architectural Design Guidelines. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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 used car sale and rental use is consistent with the zoning and land use designation of the site and area, and with certain conditions, will not have any adverse impacts to the neighboring businesses or properties. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A used car sale and rental use is allowed in the C -2 zones with an approved Conditional Use Permit per Section 9275.1.58 of the Arcadia Municipal Code. 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 CUP 12 -21 & ADR 12 -28 102 West Las Tunas Drive June 11, 2013 — Page 3 of 6 neighborhood. Based on the proposal, the parking availability, and the recommended conditions of approval, this site is adequate for the proposed project. 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 used car sales and rental business will not significantly increase traffic, and the surrounding streets are all adequate for more than the type of traffic expected to be generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The used car sales and rental use is a commercial use that is consistent with the General Plan Land Use Designation of the site. The proposed project, with the recommended conditions of approval will satisfy each prerequisite condition, and all City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval, and to Building Permits. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project as a conversion of a small commercial structure, qualifies as a Class 3 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. It is recommended that the Planning Commission determine that is project is exempt from CEQA. PUBLIC COMMENTS /NOTICE Public hearing notices of Conditional Use Permit Application No. CUP 12 -21 and Architectural Design Review No. ADR 12 -28 were mailed on May 30, 2013 to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property (see attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. As of June 6, 2013, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 12 -21 and Architectural Design Review No. ADR 12 -28, subject to the follow conditions: CUP 12 -21 & ADR 12 -28 102 West Las Tunas Drive June 11, 2013 — Page 4 of 6 1 The business hours of the used car sales and rental use shall be limited to 9:00 a.m. to 6:00 p.m., daily. 2. The storage of vehicles is limited to a maximum of 14, and the vehicles are to be generally displayed at the 14 spaces shown on the proposed site plan. 3. All deliveries and pick -ups shall occur on the subject property and shall not obstruct any public rights -of -way. 4. A covered trash and recyclables enclosure shall be constructed on the property, and the design and location are subject to approval by the Community Development Administrator, and shall be built with Building Permits. 5. Landscaping shall be added at the Las Tunas Drive property line, and the landscaping along the Live Oak Avenue property line shall be enhanced, subject to approval by the Community Development Administrator. 6. The use approved by CUP 12 -21 and ADR 12 -28 is limited to the used car sales and rental use, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 12 -21 and ADR 12 -28, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or neighboring business and properties. 7. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval, and to Building Permits. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -21 and ADR 12 -28 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the used car sales and rental use. 9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional 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 CUP 12 -21 & ADR 12 -28 102 West Las Tunas Drive June 11, 2013 — Page 5 of 6 option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 10. Approval of CUP 12 -21 and ADR 12 -28 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form with the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 12 -21 and Architectural Design Review No. ADR 12 -28; state the supporting findings and environmental determination; and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 12 -21 and /or Architectural Design Review No. ADR 12 -28; state the finding(s) that the proposal does not satisfy with reasons based on the record; and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 11, 2013 hearing, please contact Associate Planner, Thomas Li at (626) 574 -5447, or tli @ci.arcadia.ca.us. Approved: Ji asama mmunity Development Administrator Attachments: Proposed Plans Aerial Photo with Zoning Information Photos of Subject Property Preliminary Exemption Assessment 300 -foot Radius Map CUP 12 -21 & ADR 12 -28 102 West Las Tunas Drive June 11, 2013 — Page 6 of 6 IF O O z 0 Q U Q Q ( 0 n Q o cn 1 0Q CC / cy0 < IIl 00 w 12 <1- > o - �, LY 0 w o zx / o J Q 0 D m J N w z o 0 w 0 Cc a S V0 010A1 Xn1 Loots VO .VIOVOHV '3A18O son SVl ZOl NOI1VAONI?:I ONIQ1IfB huu ME ao- I 55 R x 0 z 5 MN 1730 n giggpAg FU as tR 6 ��Y PROJECT SUMMARY AUTO GATE J w 0 z 0 w J 0 z 1-- z Q J 0 4 LAS TUNAS DRIVE z LIVE OAK AVE• z J 0 w uq� w au a g AGAPANINUS 'QUEEN ANN VUSKOCEE' V 8 b t 2 * o 0 0 0 0 z 0 w J 0 z 1-- z Q J 0 4 LAS TUNAS DRIVE z LIVE OAK AVE• z J 0 w I%a� I +� < a S iVOdolow xni COOLS VO 'VIOVOHV $41V0 SVWll 5V1 ZOL NOIIVAON3ei ONIO1Ifl8 ,3 E 22 (N) FLOOR PLAN 20(N) ROOF PLAN S JV3 JO±Ow xnl e 10016 Y0 'YIOYONY '3AIN0 SYN(ll SY3 ZOI NOLLVAONT� ONlO1ifl8 ' )FN I3TYW 5 6. 880 0 O � a Olg x000 a 11° 8,RAI LJ - -- 1 f z 0 W J W 0 z z r ■ iJ 0 O _ ,I -,5 y .11 -AI z 0 R W J W S I--� 0 0 z TC z 0 W J W W ( F-- n z IrStn nre Sole!. Sety R yl ( Itegnht t Serd;onoc. toopean htolorwo us 102 West Las Tunas Drive CUP 12 -21 and ADR 12 -28 View of the subject property from Las Tunas Drive View of the subject property from Live Oak Avenue View of the animal hospital to the west of the subject property 1111111.1"."."'"" a■i , View of the fast food restaurant to the east of the property CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: CUP 12 -21 and ADR 12 -28 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 102 West Las Tunas Drive 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Jason Sun (2) Address 2121 W. Mission Road, #303, Alhambra, CA 91803 4. Staff Determination: 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. The project is categorically exempt. e. ►5 Applicable Exemption Class: 15303 - Conversion of a small structure f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: I Date: 5/16/13 Preliminary Exemption Assessment\2011 Staff: Thomas Li, Associate Planner FORM "A" ire SUE MORENO e7771 (626) 350 -5944 OWNERSHIP I OCCUPANTS UST RADIUS MAPS - LAND USE - PLANS MUNICIPAL COMPLIANCE CONSULTING 12108 LAMBERT AVE.EL MONTE, CA 91732 - FAX(626)35o -1532 PROJECT INFORMATION 102 LAS TUNAS DR. ARCADIA, CA. 12 -323 SCALE 1" =150' io .497 P.M, 8 -S8 TUNAS " .. os is• LIVE OAK IVE OAK —LIVE /4 :. Pi