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Home My WebLink About1926 RESOLUTION NO. 1926 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-09 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 14- 05 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO CONVERT AN EXISTING COMMERCIAL OFFICE AND WAREHOUSE BUILDING INTO A MIXED- USE BUILDING WITH COMMERCIAL OFFICES AND ONE RESIDENTIAL UNIT AT 150 EAST SANTA CLARA STREET WHEREAS, on February 18, 2014, Mr. Kurt Von Hatten submitted Architectural Design Review Application No. ADR 14-05 for a design review of exterior changes to convert an existing commercial office and warehouse building into a mixed-use building with commercial offices and one residential unit at 150 East Santa Clara Street; and WHEREAS, on July 1 , 2014, Mr. Kurt Von Hatten submitted Conditional Use Permit Application No. CUP 14-09 to allow a mixed-use building with commercial offices and one residential unit converted from an existing commercial office and warehouse building at 150 East Santa Clara Street (the "Project"); and WHEREAS, on October 24, 2014, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the Project is exempt under CEQA because the Project is a conversion of a small structure per CEQA Guidelines Section 15303, Class 3; and WHEREAS, on November 12, 2014, a duly noticed public hearing was held before the Planning Commission on said application, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated November 12, 2014 are true and correct. SECTION 2. This Commission finds, based upon the entire record: a. 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. FACT: The proposal is to convert an existing commercial and warehouse building into a mixed-use building with commercial offices and one residential unit. This use will not be detrimental to the public health or welfare, or the surrounding properties. A mixed-use building is consistent with the Downtown Mixed Use (DMU) Zoning and General Plan Land Use Designation of the site, and will not conflict with the other uses in the neighborhood. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the site is DMU, Downtown Mixed Use, and Arcadia Municipal Code Section 9267.10 allows a mixed-use project in the DMU zone with an approved Conditional Use Permit. c. 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. FACT: The proposal is to convert an existing commercial and warehouse building into a mixed-use building with commercial offices and one residential unit. The 2 proposed use meets the City's parking requirements, and the property features lighting, landscaping, and other improvements adequate for this mixed-use development. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located along East Santa Clara Street with access to the rear parking lot from a driveway and easement at the adjacent property that is accessed from East Santa Clara Street and North Second Avenue. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed mixed-use project, and will not impact these streets. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: The proposed mixed-use building is consistent with the Downtown Mixed Use Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. f. That the proposal is consistent with the City's Architectural Design Guidelines. FACT: The rear elevation is proposed to be enhanced by similar architectural elements as the front elevation to promote architectural consistency, and the proposal is consistent with the City's Architectural Design Guidelines. g. That the project is exempt pursuant to a categorical exemption and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. FACT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the 3 Project is exempt pursuant to Section 15303 of the CEQA Guidelines, Class 3, which exempts conversion of small structures from one use to another. SECTION 3. For the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14-09 and Architectural Design Review No. ADR 14- 05, and determines that the Project is Categorically Exempt per Section 15303 of the CEQA Guidelines, for mixed-use building at 150 East Santa Clara Street, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 12th day of November, 2014. �f - i - .0"4--,---,----- Chairman, lanning Commission ATTEST: Sec ary APPROVED AS TO FORM: cce,,fic,,,,„ P .104of Steph n P. Deitsch City Attorney 4 RESOLUTION NO. 1926 Conditions of Approval 1. The use approved by CUP 14-09 and ADR 14-05 is limited to a mixed-use building which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 14-09 and ADR 14-05, 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 the neighboring businesses and properties. 2. The mixed-use building shall be limited to commercial offices and one residential unit on the second floor. And, an outer front door shall be provided for the front residential entry that secures the alcove and matches the proposed architecture, subject to staff's review and approval. 3. The applicant shall repair all damaged sections of the sidewalk and curb/gutter on Santa Clara Street along the property frontage. 4. 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 14-09 and ADR 14-05 shall be grounds for immediate suspension or revocation of any approvals. 6. 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 5 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. 7. Approval of CUP 14-09 and ADR 14-05 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 8. The 1,568 square-foot parking garage shall remain as three parking spaces and driveway for the exclusive use of the residential unit, and shall not be converted into any other use. 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1926 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 12TH day of November, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chan, Chiao, Lin and Falzone NOES: None Secr ary of the Planning Commission