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Home My WebLink AboutAgenda Packet Arcadia Planning Commission Regular Meeting Agenda Tuesday, December 10, 2019, 7:00 p.m. Location: City Council Chamber, 240 W. Huntington Dr., Arcadia Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. 根据《美国残障人法案》的规定，需要提供残障相关调整或便利设施才能参加会议的残障人士（包括辅助器材或服务），可向规划服务部请求获得此类调整或便利设施，电话号码 (626) 574-5423。请在会前 48 小时通知规划服务部，以便作出合理安排，确保顺利参加会议。 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 根据阿凯迪亚市的语言便利服务政策，英语能力有限并需要翻译服务才能参加会议的人可与市书记官办公室联系（电话：626-574-5455 ），请求提供志愿或专业翻译服务，请至少在会前 72 小时提出请求。 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Deborah Lewis, Chair Marilynne Wilander, Vice Chair Kenneth Chan, Commissioner Zi Lin, Commissioner Brad Thompson, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1. Resolution No. 2045 – Approving Conditional Use Permit No. CUP 19-13 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow outdoor storage and fleet vehicles for Frontier Communications at 11633 Clark Street Recommendation: Adopt Resolution No. 2045 Applicant: Martin Gilmore of Frontier Communications, on behalf of the property owner, Clark Street Industrial Investors, LLC There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, December 23, 2019. 2. Resolution No. 2046 – Approving Conditional Use Permit No. Cup 19-14 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow the sale of beer and wine for on-site consumption and karaoke within the two banquet rooms within the existing full-service restaurant at 558 Las Tunas Drive Recommendation: Adopt Resolution No. 2046 Applicant: LA Food Court, Inc. There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, December 23, 2019. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 3. Minutes of the November 26, 2019 Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, January 14, 2019, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Drive, Arcadia. The December 24, 2019 meeting has been cancelled. DATE: December 10, 2019 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Christine Song, Associate Planner SUBJECT: RESOLUTION NO. 2045 – APPROVING CONDITIONAL USE PERMIT NO. CUP 19-13 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW OUTDOOR STORAGE AND FLEET VEHICLES FOR FRONTIER COMMUNICATIONS AT 11633 CLARK STREET Recommendation: Adopt Resolution No. 2045 SUMMARY The applicant, Martin Gilmore from Frontier Communications, on behalf of the property owner, Clark Street Industrial Investors, LLC, is requesting approval of Conditional Use Permit Application No. CUP 19-13 to utilize a portion of the parking lot area for outdoor storage of equipment, shipping containers, and fleet vehicles for Frontier Communications at the property located at 11633 Clark Street. It is recommended that the Planning Commission adopt Resolution No. 2045 (refer to Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 19-13, subject to the conditions listed in this staff report. BACKGROUND The project site is an interior lot located on the north side of Clark Street, between Peck Road and Kardashian Avenue. The subject property is comprised of five parcels that is approximately 217,831 square feet in area and zoned M-1, Industrial with a General Plan Land Use Designation of Industrial. All five parcels are owned by the same property owner, Clark Street Industrial Investors, LLC. The property is currently improved with five (5) buildings, totaling 34,765 square feet of floor area and is surrounded by other M-1 zoned properties in all directions – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property and surrounding properties. There are currently nine (9) other businesses located at this property. The applicant, Frontier CUP 19-13 11633 Clark Street December 10, 2019 Page 2 of 10 Communications, will occupy two of spaces within one of the existing industrial buildings at 11633 Clark Street that will be located near their outdoor storage area. The owner had previously leased 35 parking spaces to the existing adult business, Knockouts Gentlemen Club that is located at 1580 Clark Street. However, Knockouts recently acquired another site to provide their required parking, and the covenant has since been revoked. PROPOSAL Frontier Communications is a national telecommunications company that provides telephone, internet/broadband and video services to more than one hundred thousand residents, businesses, public agencies, and 911 emergency services. In 2016, Frontier Communications acquired Verizon’s landline facilities and has been active in expanding their operation and network. Frontier currently has other locations with outdoor storage throughout Southern California including in the City of Van Nuys, Whittier, Baldwin Park, Camarillo, and Pomona. Frontier Communications is requesting approval of a Conditional Use Permit to allow outdoor storage of equipment, shipping containers, and fleet vehicles that are all related to the telecommunications business. Frontier will occupy Units 105 and 106, totaling approximately 4,224 square feet for their administrative and general office use – see Attachment No. 3 for the Site Plan and Outdoor Floor Plan. The business hours of operation will be from 7:00 a.m. – 7:00 p.m., Monday through Saturday. Frontier will utilize an existing unused parking lot area for the proposed outdoor storage of equipment, shipping containers, and fleet vehicles. This area was previously used for storage of semi- trucks and behind-the-wheel training for Dootson’s driving school, which closed in August 2017. The service equipment will be stored within the seven (7) shipping containers, measuring 20’L x 8’W x 8’H, that will be located toward the rear of the parking lot (see Figure 1). Additionally, the site will have two (2) recycling containers and three (3) waste containers for dismantled telephone poles. The recyclables and waste materials will be picked up by a third party trash provider. The recycling and waste containers will be covered by a solid roof supported with a height of 9 feet 6 inches, to provide protection from the elements and prevent any potential stormwater runoff, as required by the National Pollutant Discharge Elimination System (NPDES) (See Figure 2). CUP 19-13 11633 Clark Street December 10, 2019 Page 3 of 10 The outdoor storage area will be approximately 200 feet away from the front property line and it will not impact any required parking for the other businesses on this property. A total of 59 parking spaces are required for all the warehouse uses on the property, at a parking ratio of 1 parking space per 1,000 square feet of gross floor area. The site currently has 85 parking spaces, therefore there is a surplus of 25 parking spaces. However, to ensure that Frontier Communications has enough parking spaces for their Figure 2 Figure 1 Figure 1 CUP 19-13 11633 Clark Street December 10, 2019 Page 4 of 10 employees that park their personal vehicle and take a fleet vehicle out each day, the Applicant has proposed a total of 142 new parking spaces (74 for fleet vehicles, 65 for employees, and 3 for ADA) on-site. A total of 62 employees are expected to be on-site daily and additional fleet vehicles will be provided in case some vehicles are undergoing maintenance and not available for use. The 65 new parking spaces for employee vehicles will be 9’-0” x 18’-0” as that is the minimum stall size for standard vehicles. However, the 74 fleet vehicles will consist of both vans and bucket trucks, which require wider and longer stalls. The parking area will be striped to accommodate 59 van parking space, each at the dimensions of 10’-0” x 21’-0” and 15 bucket truck parking space, each at the dimensions of 10’-0” x 22’-0”. All the vehicles will be screened by the existing 6’-0” tall wrought-iron fence that is located near the front property line. The outdoor storage area that is located behind the parking area will be screened by an 8’-0” tall wrought-iron fence with a perforated metal screen to further restrict access to the outdoor storage area. ANALYSIS The proposed outdoor storage for Frontier Communications would be located within an underutilized parking lot area and would not be visible from public view. Since the storage containers would be setback at least 200 feet from the front property line, any potential impacts to neighboring industrial properties along Clark Street would be minimal, if any. The front half of the property will remain as a parking lot and the addition of new parking spaces will not remove any of the parking from the other businesses. The employee vehicles and storage of fleet vehicles overnight will not create a potential impact to the adjacent uses as the previous use on this site already had storage of large vehicles for a trucking school (Dootson’s Trucking School). Furthermore, several other industrial properties with similar outdoor storage using shipping containers were identified along Clark Street and Peck Road within the immediate vicinity of the subject property. As a result, it would not change the overall character of the area and the site is suitable in size and location to accommodate this use. A condition of approval has also been included to require a recorded covenant to allow for the outdoor storage to span across multiple parcels. This will memorialize the use and allow it to be carried on in the event of a potential change in property ownership in the future. Lastly, the proposed plans have been reviewed by various City Departments, and all City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director. FINDINGS Section 9107.09.050 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: CUP 19-13 11633 Clark Street December 10, 2019 Page 5 of 10 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: The proposed outdoor storage for Frontier Communications equipment, shipping containers, and fleet vehicles are all consistent with the uses typically allowed in the Industrial General Plan Land Use Designation as it is intended to permit a wide range of light industrial uses and warehousing. The proposed project will complement other warehouse uses within this industrial center as well as other industrial uses along Clark Street and Peck Road. The proposal will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element x Policy LU-7.2: Encourage industrial uses that provide employment and revenue benefits to the City. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The project site is zoned M-1, Industrial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows outdoor storage related to a warehouse use with a Conditional Use Permit. The proposed outdoor storage for Frontier Communications equipment and shipping containers will not create a potential impact as they will be located toward the rear of the property and screened by an 8’-0” tall fence and a solid wall along the perimeter of the property. As for the employee vehicles and storage of fleet vehicles overnight, they will not create a potential impact to the adjacent uses as the previous use on this site had storage of vehicles for a trucking school (Dootson’s Trucking School). Therefore, the proposed use is compatible with the surrounding uses and it will comply all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The site and location is suitable for the proposed project as it will be utilizing a large open parking area that was previously used to store semi-trucks and behind-the-wheel training for Dootson’s driving school. The proposed outdoor storage for Frontier’s Communications equipment and shipping containers will not be visible from the public view, and the new parking spaces toward the front of the property will be large enough to accommodate the fleet vehicles and employee parking on-site. The proposed project will not change the characteristics of the surrounding area as the proposed use is similar to other operating characteristics typically found on an industrial zoned property. CUP 19-13 11633 Clark Street December 10, 2019 Page 6 of 10 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The site is suitable for the proposed outdoor storage of equipment and fleet vehicle. The placement of the new storage containers, outdoor storage for equipment, additional parking spaces, and fencing will not impede into any of the required driveway aisles for emergency access. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along Clark Street with direct access from this street. This street is adequate in width and pavement type to carry the traffic generated by the proposed use and any emergency services that may need to access the site. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is developed with existing multi-tenant industrial buildings and the outdoor storage area was reviewed by the Arcadia Police and Fire Departments, and both departments determine there will be no impact to public safety services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject property is developed with multi- tenant industrial buildings. There are adequate utilities to service this site. The site and buildings are in compliance with current health and safety requirements. There will be no impact to utilities or the City’s infrastructure from the proposed use. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. CUP 19-13 11633 Clark Street December 10, 2019 Page 7 of 10 Facts to Support This Finding: The proposed outdoor storage for Frontier’s Communications equipment and fleet vehicles will be consistent with similar existing light industrial uses on the property that have large semi-trucks parked on-site throughout the day. The outdoor storage area has been placed on the property where is screened from public view by an 8’-0” tall fence and to ensure additional security of the site and to restrict unauthorized access to the property. Therefore, the proposed outdoor storage will not adversely affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject site. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project, as a use of an existing facility, qualifies as a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines. Refer to Attachment No. 4 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in Arcadia Weekly on November 28, 2019. As of December 5, 2019, staff has not received any comments from the public. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2045 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 19-13 subject to the following conditions of approval: 1. The use approved by CUP 19-13 is limited to outdoor storage of equipment, seven shipping containers, and fleet vehicles for Frontier Communications and shall be operated and maintained in a manner that is consistent with the approved plans, 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. Each shipping container shall be located on the ground and none of them shall be double-stacked on-site. 3. The new wrought-iron fence shall not exceed 8’-0” in height and shall be properly screened per the approved plans. 4. The parking lot lighting plan in terms of height, location, and style shall be reviewed and approved by the Planning & Community Development Administrator, or designee prior to submitting the plans into Building Services for plan-check. CUP 19-13 11633 Clark Street December 10, 2019 Page 8 of 10 5. The final design and roof material for covered structure over the recyclables shall be reviewed and approved by the Planning & Community Development Administrator, or designee prior to submitting the plans into Building Services for plan-check. 6. Prior to issuance of any permits from the City’s Building Division, the Owner/Applicant shall record a covenant with the City to allow the outdoor storage area to placed over several properties. The Owner/Applicant shall deposit with the City the sum of $2,000 for purposes of the City Attorney’s review of the covenant. The deposit shall be increased by the Owner/Applicant on demand by the City as the City deems necessary, and any excess funds shall be promptly refunded to the Owner/Applicant following completion of review and approval of the CC&Rs by the City Attorney. 7. The parking area shall provide the minimum number of accessible parking spaces as required by the California Building Code and path of travel. 8. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 9. The Owner/Applicant shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of- way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 10. The Owner/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 CUP 19-13 11633 Clark Street December 10, 2019 Page 9 of 10 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. 11. Approval of CUP 19-13 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should pass a motion to approve Conditional Use Permit No. CUP 19-13, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2045 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should pass a motion to deny Conditional Use Permit Application No. CUP 19-13; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the December 10, 2019, hearing, please contact Associate Planner, Christine Song at (626) 574-5447, or by email at CSong@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator CUP 19-13 11633 Clark Street December 10, 2019 Page 10 of 10 Attachment No. 1: Resolution No. 2045 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site Plan and Outdoor Floor Plan Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2045 1 RESOLUTION NO. 2045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 19-13 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR OUTDOOR STORAGE OF EQUIPMENT AND FLEET VEHICLES FOR FRONTIER COMMUNICATIONS AT 11633 CLARK STREET WHEREAS, on August 5, 2019, an application for Conditional Use Permit No. CUP 19-13 was filed by Frontier Communications (“Applicant”), on behalf of the property owner, Clark Street Industrial Investors, LLC, to allow outdoor storage of equipment and fleet vehicles for Frontier Communications at 11633 Clark Street (“Project”); and WHEREAS, on November 25, 2019, 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 per Section 15301 of the CEQA Guidelines because the Project is considered a minor alteration of an existing facility; and WHEREAS, on December 10, 2019, a duly noticed public hearing was held before the Planning Commission on said Project, 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, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated December 10, 2019, are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 2 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: The proposed Project is consistent with the uses typically allowed in the Industrial General Plan Land Use Designation as it is intended to permit a wide range of light industrial uses and warehousing. The proposed Project will complement other warehouse uses within this industrial center as well as other industrial uses along Clark Street and Peck Road. The proposal will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element • Policy LU-7.2: Encourage industrial uses that provide employment and revenue benefits to the City. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The project site is zoned M-1, Industrial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows outdoor storage related to a warehouse use with a Conditional Use Permit. The proposed Project will not create a potential impact as they will be located toward the rear of the property and screened by an 8’-0” tall fence and a solid wall along the perimeter of the property. As for the employee vehicles and storage of fleet vehicles overnight they will not create a potential impact to the adjacent uses as the previous use on this site had storage of vehicles for a trucking school (Dootson’s Trucking School). Therefore, the proposed Project is compatible with the surrounding uses and it 3 will comply all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The site and location is suitable for the proposed Project as it will be utilizing a large open parking area that was previously used to store semi-trucks and behind-the- wheel training for Dootson’s driving school. The proposed Project will not be visible from the public view, and the new parking spaces toward the front of the property will be large enough to accommodate the fleet vehicles and employee parking on-site. The proposed Project will not change the characteristics of the surrounding area as the proposed use is similar to other operating characteristics typically found on an industrial zoned property. 4. The site is physically suitable in terms of: A. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is suitable for the proposed Project. The placement of the new storage containers, outdoor storage for equipment, additional parking spaces, and fencing will not impede into any of the required driveway aisles for emergency access. B. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The site is located along Clark Street with direct access from this street. This street is adequate in width and pavement type to carry the traffic generated by the proposed use and any emergency services that may need to access the site. 4 C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The subject property is developed with existing multi-tenant industrial buildings and the outdoor storage area was reviewed by the Arcadia Police and Fire Departments, and both departments determine there will be no impact to public safety services. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject property is developed with multi-tenant industrial buildings. There are adequate utilities to service this site. The site and buildings are in compliance with current health and safety requirements. There will be no impact to utilities or the City’s infrastructure from the proposed use. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed Project is consistent with similar existing light industrial uses on the property that have large semi-trucks parked on-site throughout the day. The outdoor storage area has been placed on the property where is screened from public view by an 8’-0” tall decorative fence and to ensure additional security of the site and to restrict unauthorized access to the property. Therefore, the proposed Project will not adversely 6 RESOLUTION NO. 2045 Conditions of Approval 1. The use approved by CUP 19-13 is limited to outdoor storage of equipment, seven shipping containers, and fleet vehicles for Frontier Communications and shall be operated and maintained in a manner that is consistent with the approved plans, 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. Each shipping container shall be located on the ground and none of them shall be double-stacked on-site. 3. The new wrought-iron fence shall not exceed 8’-0” in height and shall be properly screened per the approved plans. 4. The parking lot lighting plan in terms of height, location, and style shall be reviewed and approved by the Planning & Community Development Administrator, or designee prior to submitting the plans into Building Services for plan-check. 5. The final design and roof material for covered structure over the recyclables shall be reviewed and approved by the Planning & Community Development Administrator, or designee prior to submitting the plans into Building Services for plan-check. 6. Prior to issuance of any permits from the City’s Building Division, the Owner/Applicant shall record a covenant with the City to allow the outdoor storage area to be placed over several properties. The Owner/Applicant shall deposit with the City the sum of $2,000 for purposes of the City Attorney’s review of the covenant. The deposit shall be increased by the Owner/Applicant on demand by the City as the City deems necessary, and any excess funds shall be promptly refunded to the Owner/Applicant following completion of review and approval of the CC&Rs by the City Attorney. 7. The parking area shall provide the minimum number of accessible parking spaces as required by the California Building Code and path of travel. 8. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 7 9. The Owner/Applicant shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of- way improvements, parking, water supply and water facilities, s ewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 10. The Owner/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. 11. Approval of CUP 19-13 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. ---- Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Vicinity Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): M-1 Number of Units: I Property Characteristics 1986 7,252 0 CLARK INDUSTRIAL INVESTORS LLC Site Address:116 CLARK ST Parcel Number: 8532-017-048 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:Yes N/A N/A N/A Residential Flex Overlay: N/A N/A N/A Yes Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 03-Dec-2019 Page 1 of 1 Project site – 11633 Clark Street Tenant spaces to be occupied by Frontier Communications (Units 105 & 106) South of project site – 11688 Clark Street Looking southeast on Clark Street Looking southwest on Clark Street West of project site – 5600 Peck Road East of Project site – 11711 Clark Street Attachment No. 3 Attachment No. 3 Site Plan and Outdoor Floor Plan 9'-0" X 18'-0"UNIT 106UNIT 105 TRAFFIC CONTROL EQUIPMENTSTORAGE AREA CABLEREEL STORAGE AREA LINE OF AREAS (NOT A FENCE) NEW 8'-0" H. WROUGHT IRON FENCE NEW 1 HEADLIGHT POLE 20'-0" H NEW 6'-0" H. WROUGHT IRON FENCETO MATCH EXISTING AT STREET EXISTING LANDSCAPETO REMAIN EXISTING DRIVEWAY REMOVE EXISTING LIGHT POLE NEW 2 HEADLIGHT POLE 20'-0" H EXISTING SIDEWALK EXISTING LANDSCAPE TO REMAIN EXISTING LANDSCAPE TO REMAIN EXISTING LANDSCAPETO REMAIN EXISTING LANDSCAPE TO REMAIN EXISTING 6'-0" H. WROUGHT IRONFENCE TO REMAIN ADD CARD READER ACCESSTO EXISTING GATES APROX. 30-35 TELEPHONE POLES STORED ON RACKS CONTAINERS FOR POLE WASTEPICK-UP RECYCLING & WASTE CONTAINERS 83'-6"172'-6"5'-2" TYP.24'-3" PALM TREE 8-10 F.T.DIA. TREE (TYP.) PROPERTY LINE 3-4 F.T. DIA. TREE PALM TREE EXISTING LANDSCAPE TO REMAIN EXISTING LANDSCAPE TO REMAIN PROPERTY LINE PROPERTY LINE PROPERTY LINE REMOVE EXISTING CHAINLINK FENCE EXISTING PARKING FOR BUSINESS UNITS EXISTING PARKING FOR BUSINESS UNITSNEW PARKING - UNDER SEPARATE SUBMITTAL CLARK ST.8'-1"VANACCESSIBLE12'-0" X 18'-0"12 NEW EMPLOYEE PARKING SPACES (9'-0" X 20'-0")RE-STRIPE 14 COMPANY TRUCK / VANPARKING SPACES (10'-0" X 21'-0")15 NEW COMPANY TRUCK / VANPARKING SPACES (10'-0" X 21'-0")8 EXISTING EMPLOYEEPARKING SPACES (9'-0"X18")NEW 8'-0" H. WROUGHT IRON FENCE TO MATCH EXISTING WITH PERFORATED METAL SCREEN FINISH TO MATCH FENCE.PERFORATION 10% OPEN, 1/8" DIA. HOLES, 3/8" SPACING COLOR TO BE BRISTOL BLACK NEW 2 HEAD LIGHT POLE 20'-0" H NEW 2 HEAD LIGHT POLE20'-0" H NEW 2 HEAD LIGHT POLE 20'-0" H NEW 2 HEAD LIGHT POLE20'-0" H NEW 1 HEAD LIGHT POLE 20'-0" H NEW 1 HEADLIGHT POLE 20'-0" H NEW 1 HEADLIGHT POLE 20'-0" H EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING COMPANY BUCKETS TRUCKS---------------------------------------EMPLOYEE PARKINGCOMPANYTRUCKS & VANSCOMPANYTRUCKS & VANS26'-0"NEW MOTORIZED WROUGHTIRON SECURITY GATE WITHPERFORATED METAL MESHPATH OF TRAVEL PARKING - COUNT & DESIGNATION DESCRIPTION REGULAR PARKING ADA TOTAL EMPLOYEES PARKING 9'-0" x 18'-0" MIN.65 3 68 COMPANY TRUCKS & VANS10'-0" x 21"-0"59 N/A 59 COMPANY BUCKET TRUCKS10'-0" x 22'-0"15 N/A 15 TOTAL 142 DRIVE AISLE DRIVE AISLE DRIVE AISLE DRIVE AISLE 40'-0"40'-0"40'-0" 40'-0" STORAGE FOR SMALLCONSTRUCTION PARTS NEW STEEL POSTS AS REQUIRED FOR NEW CORRUGATEDMETAL SLOPED ROOF AT 9'-5" AFF. METAL COLOR TO BE DOVE GRAY, OR EQUAL NEW 8'-0" H. WROUGHT IRON FENCE TO MATCH EXISTING WITHPERFORATED METAL SCREEN FINISH TO MATCH FENCE. PERFORATION 10% OPEN, 1/8" DIA. HOLES, 3/8" SPACING 9 NEW EMPLOYEEPARKING SPACES (9'-0"X18" MIN.)NEW 1 HEADLIGHT POLE 20'-0" H NEW 2 HEAD LIGHT POLE20'-0" H NEW 1 HEAD LIGHT POLE20'-0" H NEW 2 HEADLIGHT POLE 20'-0" H NEW 2 HEAD LIGHT POLE 20'-0" H EXISTING CURB TO REMAIN NEW 1 HEAD LIGHT POLE 20'-0" H SEATRAIN CONTAINERSEATRAIN CONTAINERWASTE CONTAINERWASTE CONTAINERSEATRAIN CONTAINERSEATRAIN CONTAINERSEATRAIN CONTAINERSEATRAIN CONTAINERSEATRAIN CONTAINER1CUP.4A 2CUP.4A RECYCLE CONTAINERRECYCLE CONTAINERWASTE CONTAINERxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxPROVIDE SUFFICIENT BACKUP SPACE AS REQUIRED (25'-0" MIN.) PROVIDE SUFFICIENT BACKUP SPACE AS REQUIRED (25'-0" MIN.) PROVIDE SUFFICIENT BACKUP SPACE AS REQUIRED (25'-0" MIN.)9'-0" X 18'-0"15 NEW COMPANY TRUCK / VANPARKING SPACES (10'-0" X 21'-0")15 NEW COMPANY TRUCK / VANPARKING SPACES (10'-0" X 21'-0")15 NEW COMPANY BUCKET TRUCKPARKING SPACES (10'-0" X 22'-0")C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 C42 C43 C44 C29 C28 C27 C26 C25 C24 C23 C22 C21 C20 C19 C18 C17 C16 C15 SC SC SC CR SC SC SCSC 9'-0" x 18'-0" ACCESSIBLE PARKING 12'-0" x 18'-0" ACCESSIBLE VAN PARKING 9'-0" x 18'-0" ACCESSIBLE PARKING 9 NEW EMPLOYEEPARKING SPACES (9'-0"X18" MIN.)NEW 2 HEADLIGHT POLE 20'-0" H 9 NEW EMPLOYEEPARKING SPACES (9'-0"X18" MIN.)9 NEW EMPLOYEEPARKING SPACES (9'-0"X18" MIN.)9 NEW EMPLOYEEPARKING SPACES (9'-0"X18" MIN.)11'-6" MIN.3'-0"11'-6" MIN.3'-0"11'-6" MIN.C60 C61 C62 C63 C64 C65 C66 C67 C68 C69 C70 C71 C72 C73 C74 C59 C58 C57 C56 C55 C54 C53 C52 C51 C50 C49 C48 C47 C46 C45 E1 E2 E3 E4 E5 E6 E7 E8 E18 E19 E20 E21 E22 E23 E24 E25 E36 E37 E38 E39 E40 E41 E42 E43 E17 E16 E15 E14 E13 E12 E11 E10 E26E9 E35 E34 E33 E32 E31 E30 E29 E28 E44E27 E53 E52 E51 E50 E49 E48 E47 E46 E45 NEW 2 HEADLIGHT POLE 20'-0" H E54 E55 E56 E57 E58 E59 E60 E61 E62 E63 E64 E65 8'-0", TYP10'-0" , TYP9'-0", TYP9'-0"10'-0"21'-0"21'-0"21'-0"22'-0" 18'-0"18'-0"18'-0"18'-0"10'-0"11'-0", TYP9'-0", TYPEXISTING PLANTER CURB TO REMAIN EXISTING PLANTER CURB TO REMAIN 10'-0"KEYPAD FOR ACCESS SECURITY CAMERA SECURITY CAMERA SECURITY CAMERA SECURITY CAMERA SECURITY CAMERA SECURITY CAMERA SECURITY CAMERA F:\Projects\19036.01\CUP\CUP036.6.dwg (12/3/2019 5:52 PM)BA DC FE HG KJ B 3 A DC FE HG 2 1 4 5 6 7 8 KJ 3 2 1 4 5 6 9 10 DO NOT SCALE THIS DRAWING. USE DIMENSIONS SHOWN ON PLANS. USE THIS DRAWING IN CONNECTION WITH THE GENERAL ARCHITECTURAL PLANS, STRUCTURAL PLANS AND OTHER RELATED DRAWINGS. NOTIFY ENV IMMEDIATELY OF ANY DISCREPANCY FOUND IN THIS DRAWING. KEYNOTES EX: 7 8 9 10 BUILDING OWNER APPROVAL CLIENT/TENANT APPROVAL DATE: DATE: PROGRESS DATE: DESIGNER / ARCH. SIGNATURE DESCRIPTION DATE NORTH SCALE FLOORDRAWN DATE PROJ.NO CKD.BY DRAWING THIS DRAWING IS THE PROPERTY OF ENVIRONETICS AND SHALL NOT BE USED OR REPRODUCED WITHOUT WRITTEN CONSENT. ALL RIGHTS RESERVED. BY 8530 VENICE BOULEVARDLOS ANGELES, CA 90034TEL 310 | 287 | 2180 ARCHITECTURE | INTERIOR DESIGN | ENGINEERING SL ENVIRONETICS GROUP INCORPORATEDCOPYRIGHT © BY ENVIRONETICS. ALL RIGHTS RESERVED ENV-team.com Frontier Clark 11633 Clark Street Arcadia, CA 91006 12/03/19 19036.01 FW SB FRONTIER COMMUNICATIONS CONDITIONAL USE PLAN Ground 1/16" = 1'-0" CUP.6 REFERENCE 11621 CLARK STREET OVERALL BUILDING 7,378 SQ. FT. UPUPUP 125'-0"133'-4 7/8"25'-0"128'-4 7/8"158'-4 7/8"25'-0"250'-0" 575'-0"50'-0" APN: 8532-007-016 APN: 8532-007-017 APN: 8532-017-047 APN: 8532-017-048 APN: 8532-017-059 NEW OUTDOOR STORAGE NEW PARKING LEGEND NEW OUTDOOR STORAGE SEE DRAWING CUP.4 158'-4 7/8"500'-0" 11621 UNIT 1031,845 SQ. FT. 11621 UNIT 104 1,824 SQ. FT. 11621 UNIT 1021,876 SQ. FT. 11621 UNIT 101 1,833 SQ. FT. 11627 CLARK STREET OVERALL BUILDING 7,540 SQ. FT. 11627 UNIT 103 & 1043,181 SQ. FT. 11627 UNIT 105 1,320 SQ. FT. 11627 UNIT 102 1,509 SQ. FT. 11627 UNIT 1011,530 SQ. FT. 11625 CLARK STREET OVERALL BUILDING 4,132 SQ. FT. 11629 CLARK STREET OVERALL BUILDING 3,048 SQ. FT. 11631 CLARK STREET OVERALL BUILDING 12,667 SQ. FT. 11631 UNIT 105 2,116 SQ. FT. 11631 UNIT 106 2,108 SQ. FT. 11631 UNIT 1042,112 SQ. FT. 11631 UNIT 1032,117 SQ. FT. 11631 UNIT 102 2,113 SQ. FT. 11631 UNIT 101 2,101 SQ. FT. NEW PARKING SEE DRAWING CUP.4 CLARK STREET 11633 CLARK STREET F:\Projects\19036.01\CUP\CUP036.4B.dwg (11/21/2019 6:18 PM)BA DC FE HG KJ B 3 A DC FE HG 2 1 4 5 6 7 8 KJ 3 2 1 4 5 6 9 10 DO NOT SCALE THIS DRAWING. USE DIMENSIONS SHOWN ON PLANS. USE THIS DRAWING IN CONNECTION WITH THE GENERAL ARCHITECTURAL PLANS, STRUCTURAL PLANS AND OTHER RELATED DRAWINGS. NOTIFY ENV IMMEDIATELY OF ANY DISCREPANCY FOUND IN THIS DRAWING. KEYNOTES EX: 7 8 9 10 BUILDING OWNER APPROVAL CLIENT/TENANT APPROVAL DATE: DATE: PROGRESS DATE: DESIGNER / ARCH. SIGNATURE DESCRIPTION DATE NORTH SCALE FLOORDRAWN DATE PROJ.NO CKD.BY DRAWING THIS DRAWING IS THE PROPERTY OF ENVIRONETICS AND SHALL NOT BE USED OR REPRODUCED WITHOUT WRITTEN CONSENT. ALL RIGHTS RESERVED. BY 8530 VENICE BOULEVARDLOS ANGELES, CA 90034TEL 310 | 287 | 2180 ARCHITECTURE | INTERIOR DESIGN | ENGINEERING SL ENVIRONETICS GROUP INCORPORATEDCOPYRIGHT © BY ENVIRONETICS. ALL RIGHTS RESERVED ENV-team.com Frontier Clark 11633 Clark Street Arcadia, CA 91006 11/21/19 19036.01 FW SB FRONTIER COMMUNICATIONS SITE PLAN Ground 3/64" = 1'-0" CUP.4B REFERENCE Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Date: November 25, 2019 Staff: Christine Song, Associate Planner 1.Name or description of project: CUP 19-13 – A conditional use permit for outdoor storage of equipment and fleet vehicles for Frontier Communications with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) 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): 11633 Clark Street (Peck Road and Kardashian Avenue) 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Frontier Communications (2)Address 5077 Lew Davis Street Long Beach CA 90808 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. e.The project is categorically exempt. Applicable Exemption Class: 15301 – Class 1 (Existing Facilities) 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: DATE: December 10, 2019 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Luis Torrico, Senior Planner Jeff Hamilton, Contract Planner SUBJECT: RESOLUTION NO. 2046 – APPROVING CONDITIONAL USE PERMIT NO. CUP 19-14 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION AND KARAOKE WITHIN THE TWO BANQUET ROOMS WITHIN THE EXISTING FULL-SERVICE RESTAURANT AT 558 LAS TUNAS DRIVE Recommendation: Adopt Resolution No. 2046 SUMMARY The applicant and business owner, LA Food Court, Inc., is requesting approval of Conditional Use Permit Application No. CUP 19-14 to allow the sale of beer and wine for on-site consumption and to allow karaoke within two the banquet rooms within the existing full-service restaurant (d.b.a. Ho Kee Cafe) at 558 Las Tunas Drive. It is recommended that the Planning Commission adopt Resolution No. 2046 (Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 19-14, subject to the conditions listed in this staff report. BACKGROUND The subject site is developed with a 5,020 square-foot, one-story restaurant that is located towards the rear of the property and is adjacent to a two-story multi-tenant commercial building, known as Arcadia Center shopping center that has a spa, salon, dental and professional offices (see Figure 1). The current restaurant has been in operation for nearly a year; and the previous uses were restaurants as well. The zoning of this property is C- G, General Commercial – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. 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N/A N/A Residential Flex Overlay: N/A N/A N/A Yes Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. 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B.2WKHU3ULYDWH (1)1DPH/$)RRG&RXUW,QF%XVLQHVV2ZQHU (2)$GGUHVV/DV7XQDV'ULYH 4.6WDII'HWHUPLQDWLRQ 7KH/HDG$JHQF\¶V6WDIIKDYLQJXQGHUWDNHQDQGFRPSOHWHGDSUHOLPLQDU\UHYLHZRIWKLVSURMHFWLQ DFFRUGDQFHZLWKWKH/HDG$JHQF\ V/RFDO*XLGHOLQHVIRU,PSOHPHQWLQJWKH&DOLIRUQLD(QYLURQPHQWDO 4XDOLW\$FW&(4$KDVFRQFOXGHGWKDWWKLVSURMHFWGRHVQRWUHTXLUHIXUWKHUHQYLURQPHQWDO DVVHVVPHQWEHFDXVH a.7KHSURSRVHGDFWLRQGRHVQRWFRQVWLWXWHDSURMHFWXQGHU&(4$ b.7KHSURMHFWLVD0LQLVWHULDO3URMHFW c.7KHSURMHFWLVDQ(PHUJHQF\3URMHFW d.7KHSURMHFWFRQVWLWXWHVDIHDVLELOLW\RUSODQQLQJVWXG\ e.7KHSURMHFWLVFDWHJRULFDOO\H[HPSW $SSOLFDEOH([HPSWLRQ&ODVVD±&ODVV8VHRIDQH[LVWLQJIDFLOLW\ f.7KHSURMHFWLVVWDWXWRULO\H[HPSW $SSOLFDEOH([HPSWLRQ g.7KHSURMHFWLVRWKHUZLVH H[HPSWRQWKHIROORZLQJEDVLV h.7KHSURMHFWLQYROYHVDQRWKHUSXEOLFDJHQF\ZKLFKFRQVWLWXWHVWKH/HDG$JHQF\ 1DPHRI/HDG$JHQF\ 'DWH 'HFHPEHU 6WDII -HII+DPLOWRQ&RQWUDFW3ODQQHU ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, NOVEMBER 26 2019 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Lewis called the meeting to order at 7:02 p.m. in the Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Lewis, Lin, and Thompson ABSENT: Vice-Chair Wilander and Chan It was moved by Commissioner Thompson, seconded by Commissioner Lin and carried on a unanimous roll call vote to excuse Vice-Chair Wilander and Commissioner Chan from the meeting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2042 – Approving Multiple Family Architectural Design Review No. MFADR 19- 02, Tentative Parcel Map No. TPM 19-04 (82853), Protected Healthy Tree Removal Permit No. TRH 19-05, and Protected Tree Encroachment Permit No. TRE 19-23 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a five-unit multi-family residential condominium development at 314 California Street Recommendation: Adopt Resolution No. 2042 Applicant: Sanyao International, Inc. on behalf of property owner Paul H. Long & Joyce L. Long Trust Planning & Community Development Administrator Lisa Flores introduced the item and turned it over to Associate Planner Christine Song to present the staff report. Chair Lewis opened the public hearing and asked if the Applicant would like to speak on the item. Applicant Robert Tong of Sanyao International, Inc. responded and thanked the Commission. Chair Lewis asked if there was anyone who would like to speak in favor of the proposal. There were none. Chair Lewis asked if there was anyone who would like to speak in opposition of the proposal. 2 11-26-19 There were none. MOTION- PUBLIC HEARING It was moved by Commissioner Thompson seconded by Commissioner Lin to close the public hearing. Without objection, the motion was approved. DISCUSSION The Commissioners were in favor of the proposal and Commissioner Thompson added that he is pleased that the garage parking minimum width dimensions exceed those required per Code. MOTION It was moved by Commissioner Lin, seconded by Commissioner Thompson to adopt Resolution No. 2042, approving Multiple Family Architectural Design Review No. MFADR 19- 02, Tentative Parcel Map No. TPM 19-04 (82853), Protected Healthy Tree Removal Permit No. TRH 19-05, and Protected Tree Encroachment Permit No. TRE 19-23 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a five-unit multi-family residential condominium development at 314 California Street ROLL CALL AYES: Chair Lewis, Lin, and Thompson NOES: None ABSENT: Vice-Chair Wilander, and Chan There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, December 9, 2019. 2. Resolution No. 2044 – Recommending that the City Council adopt an urgency ordinance amending various sections of the Arcadia Development Code relating to accessory dwelling units and junior accessory dwelling units and determining the Ordinance is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Recommendation: Adopt Resolution No. 2044 Applicant:City of Arcadia Chair Lewis introduced the item and turned it over to Ms. Flores to present the staff report. Ms. Flores also announced that she was given a copy of the notice that was distributed by the Highland Oaks Homeowners Association, and she provided clarification that this was not a Homeowners Association meeting since some of the residents thought it was, and she further clarified that the item before the Commission are proposed changes to the “existing” Accessory Dwelling Units (ADUs) regulations, and not a “new” ordinance, as the City currently allows ADUs. Assistant City Attorney Maurer provided further clarification on the new laws set forth by the State of California and added that any municipal ordinance that does not comply fully with the new State regulations makes the entire ordinance invalid. The requirements must be set in place by January 1, 2020. 3 11-26-19 Commissioner Lin and Thompson agreed that the ordinance was important to retain some local control and in order to avoid the nullification of local regulations should the City’s existing regulations not comply. Commissioner Thompson also noted several minor corrections to the text amendments. Chair Lewis asked if there was anyone who would like to speak in favor of the item. There were none. Chair Lewis asked if there was anyone who would like to speak in opposition of the item. Resident Dr. Steve Ruzicka, was opposed to the new regulations and commented on the lack of architectural compatibility between homes and ADUs. Further, he was worried that homes may be demolished and replaced with two housing units. He is strongly opposed to accessory dwelling units in his neighborhood. Chair Lewis asked if there was anyone else in opposition to the item. There were none. MOTION- PUBLIC HEARING It was moved by Commissioner Lin, seconded by Commissioner Thompson to close the public hearing. Without objection, the motion was approved. DISCUSSION The Commission determined that the urgency ordinance was the proper response to the new State legislation and they were in favor of adopting Resolution No. 2044, therefore recommending adoption of an urgency ordinance. MOTION It was moved by Commissioner Lin, seconded by Commissioner Thompson to adopt Resolution No. 2044, recommending that the City Council adopt an urgency ordinance amending various sections of the Arcadia Development Code relating to accessory dwelling units and junior accessory dwelling units and determining the Ordinance is Categorically Exempt under the California Environmental Quality Act (“CEQA”) ROLL CALL AYES: Chair Lewis, Lin, and Thompson NOES: None ABSENT: Vice-Chair Wilander, and Chan CONSENT CALENDAR 4 11-26-19 3.Minutes of the November 12, 2019 Regular Meeting of the Planning Commission Recommendation: Approve It was moved by Commissioner Thompson, seconded by Commissioner Lin to approve the minutes of the November 12, 2019 Planning Commission Regular Meeting. ROLL CALL AYES: Chair Lewis, Lin, and Thompson NOES: None ABSENT: Vice-Chair Wilander and Chan MATTERS FROM CITY COUNCIL LIAISON Council Liaison Chandler was not present. MATTERS FROM THE PLANNING COMMISSONERS There were none. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Maurer discussed recent and pending legislation that is similar to the legislation discussed this evening, such as a bill that was recently vetoed related to redevelopment that would have provided funding to local agencies for housing. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores announced that there are two Conditional Use Permit applications pending for the next meeting. She added that the urgency ordinance presented tonight will be brought before the City Council on December 17, 2019. ADJOURNMENT The Planning Commission adjourned this meeting at 7:35 p.m. to Tuesday, November 26, 2019 in the City Council Chamber at 240 W. Huntington Dr., Arcadia. Deborah Lewis Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission