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HomeMy WebLinkAbout1875 RESOLUTION NO. 1875 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING 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 WHEREAS, on November 26, 2012, applications were filed by Mr. Jason Sun to remodel and 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, Development Services Department Case No. CUP 12-21 and ADR 12-28; and WHEREAS, a public hearing was held by the Planning Commission on June 11, 2013, 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 June 11, 2013 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 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 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. SECTION 3. That for the foregoing reasons this Commission grants CUP 12-21 and approves 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, subject to the following conditions: 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- 1875 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. -3- 1875 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 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. -4- 1875 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 2414 day of '1046_.._.. , 113. 4110.111k Chairman, ' anning Commission ATTEST: Secr- - APPROVED AS TO FORM: V . ` CAl�l�/�'Ge Stephen P. Deitsch City Attorney -5- 1875 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1875 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 25th day of June, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Beranek, Falzone, Parrille and Chiao NOES: None ABSENT: Commissioner Baerg ■ Secr - of the Planning Commission