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HomeMy WebLinkAbout1884 RESOLUTION NO. 1884 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITONAL USE PERMIT NO. CUP 13-11, ZONE VARIANCE NO. ZV 13-02, ARCHITECTURAL DESIGN REVIEW NO. ADR 13-32, AND LOT LINE ADJUSTMENT NO. LLA 13-03 WITH AN INITIAL STUDY AND NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO BUILD A NEW SHOWROOM, SERVICE AND PARKING STRUCTURE, AND OTHER ANCILLARY FEATURES FOR THE EXPANSION OF AN AUTOMOBILE DEALERSHIP AT 101 NORTH SANTA ANITA AVENUE. WHEREAS, on September 18, 2013, Rusnak Mercedes Benz filed Conditional Use Permit Application No. CUP 13-11, Zone Variance Application No. ZV 13-02, Architectural Design Review No. ADR 13-32, and Lot Line Adjustment Application No. LLA 13-03 for an expansion of the Rusnak Mercedes Benz automobile dealership at the property that is located between Huntington Drive, Morlan Place, Santa Clara Street and Santa Anita Avenue and is addressed as 101-111 North Santa Anita Avenue, 55 W. Huntington Drive, 21 Morlan Place, 121-159 N. Santa Anita Avenue, and parcel number 5775-025-025; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study, and accordingly, also prepared a Negative Declaration, which was considered a part of the review and approval process; and WHEREAS, a Notice of Intent (NOI) to adopt the Negative Declaration was filed with the Los Angeles County Clerk on May 1, 2013, and circulated for a period of 20 days pursuant to State CEQA Guidelines Section 15072. A Notice of Determination was filed on this project on May 23, 2013. On September 18, 2013 the applicant modified the submitted discretionary applications. A revised Initial Study was completed and recirculated in accordance with the Lead Agency's Guidelines. A Notice of Intent to adopt the revised Negative Declaration was filed with the Los Angeles County Clerk on September 27, 2013, and circulated for a period of 20 days pursuant to State CEQA Guidelines. The NOI and the public hearing notice were published on September 30, 2013, in the Arcadia Weekly, and sent to all the property owners and occupants within 300 feet of the subject property; and, WHEREAS, during the 20 day comment period, pursuant to State CEQA Guidelines Section 15073, the City received a letter from one regulatory agency, the California Department of Fish & Wildlife; and WHEREAS, a public hearing was held by the Planning Commission on October 22, 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 provided by the Development Services Department in the staff report dated October 22, 2013 are true and correct. SECTION 2. That this Commission makes the following findings in granting the Conditional Use Permit per Section 9246.2.9 of the Arcadia Municipal Code and the Zone Variance per Arcadia Municipal Code Section 9291.1.2: 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 expansion of the automobile dealership is consistent with the 2 1884 Zoning and General Plan Land Use Designations of the site and will not have any adverse impacts to the neighboring businesses or properties. It is an expansion of an existing use that has been in the area for more than 10 years. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the CBD, Central Business District Zone and the C-2, General Commercial Zone, an automobile dealership is allowed subject to an approved Conditional Use Permit by Sections 9246.2.9 and 9275.1.52.1, respectively 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, including the access to the site, the on-site circulation, and the proposed parking for customers and employees, the site is adequate for the expanded automobile dealership. 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 proposed expanded automobile dealership is surrounded by streets on all four sides, Santa Anita Avenue to the east, Santa Clara Street to the north and west, Morlan Place to the south and east, and Huntington Drive to the south. Both Santa Clara Street and Morlan Place will be used for access to the dealership. There will be no dealership access from Santa Anita Avenue. A center turn lane will be added to Santa Clara Street for the benefit of the dealership and the businesses on the north side of the street. All four streets are more 3 1884 than adequate for the type of traffic that is expected to be generated by the expanded automobile dealership. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed expansion of the automobile dealership is a use that is consistent with the General Plan Land Use Designation of the site and is identified as an appropriate use in the Economic Development Element of the General Plan. 6. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. The site for the expanded automobile dealership has two zoning designations with overlays for intensified development. The CBD Zone with the Downtown Overlay allows for a maximum height of 45 feet, but the portion of the site that is zoned C-2 has a Special Height Overlay that allows a maximum height of 65 feet. The proposal is for a structure that will have a uniform roof/parapet and be entirely on one site, but the site is subject to different building height limits. Because the expanded automobile dealership will be in one structure, the levels between the showroom portion and the service, parts and parking areas need to be in alignment. The Zone Variance will allow the development based on the greater building height limit so that the entire structure may have a uniform height. 7. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. The expanded automobile dealership will 4 1884 occupy the entire block and there will not be any adjacent uses. The dealership will be separated from all surrounding uses by public streets that will preclude the additional height for the showroom portion of the structure from causing any injury to the property or improvements in the vicinity. 8. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. A site that has two zoning designations with differing regulations is a rare situation, and results in requiring a design that would likely not be cohesive. The ability to have a structure that looks and functions as one facility should be allowed on any single site. 9. That the granting of such variance will not adversely affect the comprehensive general plan. An automobile dealership is allowed with a Conditional Use Permit, and is consistent with the General Plan Land Use Designation of the site, despite its being of two zones. The additional height for the showroom portion of the proposed structure is not inconsistent with other structures in the area and is not inconsistent with the purposes of the Land Use Designations of the General Plan for this area. SECTION 3. That for the foregoing reasons this Commission adopts the Negative Declaration, and approves Conditional Use Permit No. CUP 13-11, Zone Variance No. ZV 13-02, Architectural Design Review No. ADR 13-32, and Lot Line Adjustment No. LLA 13-03 for the development of an expansion to the existing Rusnak Mercedes Benz automobile dealership, subject to the following conditions: 5 1884 MAW 1. All areas shall have fire sprinklers per the City of Arcadia Fire Department Commercial Sprinkler Standard, and the system shall be monitored by a UL listed central station, subject to the approval of the City's Fire Marshal. 2. Class I standpipes shall be provided in all stairwells serving the parking garage area on all levels up to the rooftop. 3. One-hour rated occupancy separations shall be provided are required between S-2 occupancy areas (parking garage) and S-1 occupancy areas (auto repair) and B occupancy areas (showroom/offices) and all openings in one-hour walls shall be protected by 60-minute rated protective devices, subject to the approval of the City's Fire Marshal. 4. A new public hydrant shall be provided on the northwest side of the parking structure on Santa Clara Street, with the specific location and installation subject to the approval of the City's Fire Marshal. 5. Knox boxes shall be provided adjacent to stairwell exterior doors and adjacent to the main lobby entrance, subject to the approval of the City's Fire Marshal. 6. An elevator shall be provided to all floors, including the roof level that can accommodate an Emergency Medical Services (EMS) unit for patient transport, subject to approval by the City's Fire Marshal. 7. The exterior glazing of the showroom shall be treated to minimize reflection, subject to the approval of the City Engineer. 8. Security cameras to monitor and record activity at outside areas shall be provided as required by the City's Chief of Police. 6 1884 9. The project shall comply with the Standard Urban Stormwater Mitigation Plan (SUSMP) as prescribed by the Los Angeles County Department of Public Works SUSMP Manual and the selected measures shall be shown on the grading plan, subject to the approval of the City Engineer. 10. The applicant shall provide calculations prepared by a licensed Civil or Mechanical Engineer to determine the maximum domestic water demand and maximum fire suppression demand in order to verify the required water service size, subject to the approval of the Public Works Services Director or his designee. 11. Separate water services and meters shall be provided for domestic use and for irrigation purposes, and the irrigation services shall include a reduced pressure backflow device to separate the irrigation system from the City water supply, subject to the approval of the Public Works Services Director or his designee. 12. Fire hydrants installed in the public right-of-way to be dedicated to the City for public use shall be constructed in accordance with City Water Standards, and all fire hydrants installed on the property for private use shall be considered as part of the private fire system and separated from the City water supply by a Double Check Detector Assembly (DCDA) as required and subject to the approval of the Public Works Services Director or his designee. 13. Prior to being issued a permit, the applicant shall file a Water Meter Clearance Application with the Public Works Services Department for approval by the Public Works Services Director or his designee. 14. The applicant shall remove all abandoned driveway approaches; all cracked, damaged, lifted, or non-uniform sidewalk; and replace them with new curb, gutter, and 7 1884 sidewalk as determined to be necessary, and subject to approval by the Public Works Services Director or his designee. 15. The applicant shall determine if the drainage structure in the sidewalk south of Santa Clara Street is no longer in use, and if determined, will remove it completely and fill and compact the subgrade, and replace with new curb, gutter, and sidewalk subject to the approval of the Public Works Services Director or his designee. 16. The applicant shall comply with all of the public improvement requirements included in that certain Declaration of Covenants, Conditions, and Restrictions recorded against the subject property as part of the purchase and sale of the property as required by the Successor Agency to the former Arcadia Redevelopment Agency (CC&Rs), subject to the approval of the City Engineer or his designee. 17. Deliveries and pick-ups shall be conducted only on Morlan Place. 18. New exterior signage shall be subject to a separate sign design review application that is subject to approval by the Development Services Director or his designee. 19. Noncompliance with the plans, provisions and conditions of approval for CUP 13-11, ZV 13-02, ADR 13-32, and LLA 13-03 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the dealership. 20. 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 8 1884 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. 21. Approvals of CUP 13-11, ZV 13-02, ADR 13-32, and LLA 13-03 shall not take effect until the applicant, the business owner(s) and operator(s), and the property owner(s) have executed and filed Acceptance Forms with the Development Services Department to indicate awareness and acceptance of these conditions of approval. 22. Santa Clara Street from Santa Anita Avenue to Huntington Drive will be restriped to provide a center, left-turn lane that is to be achieved by eliminating the curbside parking along the south and east sides of Santa Clara Street. 23. Prior to issuance of a building permit, the site shall be consolidated into one parcel at the developer's expense in accordance with the State Subdivision Map Act and the City's Subdivision Code. SECTION 4. The Secretary shall certify to the adoption of this Resolution. (SIGNATURES ON NEXT PAGE) 9 1884 Passed, approved and adopted this 22nd day of October, 2013. 3C- Chairman, Planning Commission ATTEST: Secre.P.,, Commission APPROVED AS TO FORM: St4/(14°A#% Step en P. Deitsch City Attorney 10 1884 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. 1884 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 22nd day of October, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chiao, Falzone, Parrille and Beranek NOES: None ABSENT: None Se ,tars/of the Planning Commission