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HomeMy WebLinkAbout2045RESOLUTION 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. 1 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 2 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. 3 M C. Public protection services (e.g., fire protection, police protection, etc.); 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 rd affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject site. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 19-13 to allow outdoor storage for Frontier Communications at 11633 Clark 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 10th day of December, 2019. ATTEST: 00 - Lisa L. FIs Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 Deborah Lewis Chair, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2045 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 101" day of December, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None C12L Lisa L. Flore Secretary oft e Planning Commission 2 RESOLUTION NO. 2045 Conditions of Approval 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 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 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. E