HomeMy WebLinkAbout1399 (2)
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PLANNING COMMISSION RESOLUTION 1399
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A RESOLUTION GRANTING ZONE VARIANCE 88-002 TO
CONVERT AN EXISTING AUTOMOBILE SERVICE STATION
INTO A GARAGE WHICH IS A NON-CONFORMlNG USE ON
C-2 ZONED PROPERTY AT 66 EAST FOOTHILL BOULEVARD.
WHEREAS, on November 21, 1988, an application was filed by Juan Antonio
Bigon to convert an existing automobile service station into a garage by removing
the underground fuel storage tanks and the service pumps, Planning Department
Case No. V 88-002, on property commonly known as 66 East Foothill Boulevard,
more particularly described as follows:
South 53.1 feet of the north 78.1 feet of Lot 1 of C.B. Clapp's
Subdivision, in the City of Arcadia, County of Los Angeles, State
of California, as per Map recorded in Book 31, Page 30 of
Miscellaneous Records in the Office of the County Recorder of said
County, except the east 10 feet of said lot.
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WHEREAS, a public hearing was held on December 13, 1988, 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 Planning Department in the
attached report is trlie and correct.
Section 2. This Commission finds:
1. That there are exceptional ar 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,
because compliance with the State requirements would make the retention of the
current gas station use economically unfeasible and to cease all service
station/ garage uses would deprive the property owner/operator of his lively hood.
2. 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, because the repair use will remain
essentially the same as presently exists.
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3. That such variance is necessary for the preservation and enjoyment of
. a substantial property right of the applicant possessed by the other property in the
same zone and vidnity, because there are service stations in the area which are
engaged in similar garage activities, the only difference being that they also provide
gasoline service.
4. That the granting of such variance will not adversely affect the
comprehensive General Plan, because the existing use will not be significantly
different from the existing service station use.
Section 3. That for the foregoing reasons this Commission grants a Zone
Variance to convert the existing automobile service station into a garage upon the
following conditions:
1. That the site improvements shall be in compliance with the plans on
file in the subject case.
2. Conditions as outlined below from the Department of Public Works
shall be complied with to the satisfaction of the Director of Public Works:
a. On-site drainage shall be directed towards the existing catch
basins.
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b. Reconstruct the existing driveway apron per City standard to
reflect the proposed changes as shown on the proposed site plan.
c. Remove AC. sidewalk and construct P.c.c. full parkway width
sidewalk along First Avenue as per City standard.
d. Remove and replace deficient or damaged curb, gutter, sidewalk
and driveway apron along Foothill Boulevard.
e. Construct full curb and gutter per City standard for that portion
of removed driveway apron along First Avenue.
f. All public works improvements shall be completed to the
satisfaction of the Director of Public Works prior to final acceptance by the Building
and Safety Department.
g. All survey monuments, centerline ties and survey reference
points shall be protected in place or re-established where distributed. This, work will
be the responsibility of the permittee and shall be at the permittee's expense.
3. The underground fuel tanks and the service pumps shall be removed
in accordance with all applicable regulations and to the satisfaction of the Fire Chief.
4. That fire safety shall be provided to the satisfaction of the Fire
Department.
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1399
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5. That a landscaped plan and irrigation plan shall be submitted to the
Planning Department for its review and approval.
6. That all work on vehicles shall be done inside the building.
7. All of the employee vehicles and the vehicles to be serviced by the
facility shall be parked on the premises.
8. That the parking lot shall be striped in accordance with the Municipal
Code Section 9269.8.
9. That V 88-002 shall not take effect until the owner and applicant have
executed a form available at the Planning Department indicating awareness and
acceptance of the conditions of approval.
Section 4. The decision, findings and conditions contained in this Resolution
reflect the Commission's action of December 13, 1988 and the following vote:
A YES: Commissioners Hedlund, Szany, Clark, Papay,
NOES: None
ABSENT: Amato
Section 5. The Secretary shall certify to the adoption of this Resolution
and shall cause a copy to be forwarded to the City Coundl of the City of
Arcadia.
I HEREBY CERTIFY that the foregoing Resolution was adopted at a
regular meeting of the Planning Commission held on the 10th day of January,
1989 by the following vote:
AYES: Commissioners Amato, Hedlund Szany, Clark
NOES: None
ABSENT: Papay
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Chairman, Planning Commission
City of Arcadia
ATTEST:
Secretary, Planning Commission
City of Arcadia
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. 1399
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December 13, 1988
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TO:
FROM:
CASE NO.:
SUMMARY
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ARCADIA CITY PLANNING COMMISSION
PLANNING DEPARTMENT
CORKRAN W. NICHOLSON, ASSOCIATE PLANNER
Zone Variance 88-002
This application was filed by Juan Antonio Bigon to request a zone variance to
convert an existing automobile service station into a garage (i.e., only car repair) by
removing the underground fuel storage tanks and the service pumps. The
proposed garage would be a non-conforming use.
The Planning Department is recommending approval subject to the conditions
outlined in this report
GENERAL INFORMATION
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APPLICANT:
LOCATION:
REQUEST:
LOT AREA:
FRONTAGE:
Juan Antonio Bigon (owner of the site)
66 East Foothill Boulevard
A zone variance to convert an existing automobile service
station into a garage.
5,137 square feet (0.12 acres)
53.10 feet on First Avenue
96.75 feet on Foothill Boulevard
EXISTING LAND USE & ZONING:
The subject site is developed with a service station and is zoned C-2 (General
Commerdal).
SURROUNDING LAND USE & ZONING:
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North:
South:
East:
West:
Mixed commercial uses; zoned C-2
Office building; zoned C-2
Retail center; zoned C-2
Office building; zoned C-2
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GENERAL PLAN DESIGNATION:
The subject property is designated as commercial
HISTORY
In 1926 an automobile service station was built on the site. The original service
station was removed and replaced with a new automobile service station in 1954.
This service station was a legal nonconforming use in that it was constructed prior
to the requirement for a conditional use permit.
On January 18, 1983, a business license was issued to Juan Bigon and Fidel Tisera for
the operation of a gasoline service station including minor auto repair. At this time
it was explained to Mr. Bigon and Mr. Tisera that the C-2 zoning of the site did not
permit the operation of a garage and that automobile repair was only allowed as an
inddental use to the operation of a service station.
In November of 1983, staff noted during a field inspection that it appeared that the
operators were not selling gasoline. Upon further investigation staff was advised by
the County Weights and Measures Division that during a normal site inspection on
July 29,1983, they were told by the operators that they were not and would not be
selling gasoline.
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On November 28,1983, the City Attorney sent a letter to the operators, Mr. Bigon
and Mr. Tisera, advising them that they were in violation of the Code and that this
problem would have to be remedied by December 5, 1983.
On December 8, 1983, an office hearing was held with Mr. Bigon and Mr. Tisera and
their attorney. It was again explained to then that an automobile repair garage was
not a permitted use in the C-2 zone and that they could request a zone change or text
amendment or operate in accordance with the Code. Mr. Bigon and Mr. Tisera
indicated they were aware of the problem, however, it was not economically feasible
to operate a service station at this location. They noted that their lease expired on
January 11, 1984, and that it would not be renewed.
On January 17, 1984, Mr. Chris McGuire, the previous property owner of the site,
and Mr. Bigon and Mr. Tisera met with staff. Mr. McGuire advised staff that the
lease had been renewed; and he asked what had to be done to bring everything into
code compliance.
Municipal Code Section 9248 notes that if a nonconforming use ceases operation for
a period in excess of 90 days that the use is deemed abandoned. Because the service
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V 88-002
December 13.. 1988
Page 2
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station had not been in operation as a service station since at least July 29, 1983, the
service station was considered by staff to be nonconforming.
Mr. McGuire was informed by staff that to operate legally an application for a
conditional use permit to operate an automobile service station would have to be
filed and subsequently approved.
On February 3,1984, Mr. McGuire filed for Conditional Use Permit 84-3 to operate
the service station as a diesel fuel service station with automobile repair. It was Mr.
McGuire's opinion that because of the size and age of the existing service station the
operators could only be competitive in selling diesel fuel, as well as continuing the
operation of their BMW service.
It was staff's opinion that if the fadlity was operated as an automobile service station
with minor automobile repair, the conditional use permit should be approved.
The Planning Commission at its February 28,1984 meeting, voted 7 to 0 to approve
Conditional Use Permit 84-3, to operate an automobile service station at 66 East
Foothill Boulevard, subject to the following conditions:
1. That the proposed facility be operated as a service station and that
automobile fuel be sold at all times.
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2. That all automobile repair work shall be done inside the buildi.ng.
3. That a trash enclosure shall be provided as per Section 9263.6.6.,
and that a wood or solid metal gate be installed.
4. That, if requested by the City, the applicants show proof of sales of
diesel fuel or gasoline on the premises.
5. Cars should not be parked in such a way as to obstruct access to the
service station pumps.
6. That the applicant and the property owner shall sign a form
indicating awareness and acceptance of all conditions of approval.
Mr. Bigon became the new owner of the subject property in 1984. He recently
advised staff that his sale of diesel fuel is minimal and that he has maintained the
fadlity in order to continue his BMW service.
SPECIAL INFORMATION
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On August 23,1988, the Arcadia Fire Department issued a Final Notice of Violation
V 88-002
December 13, 1988
Page 3
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to the applicant for the required removal of the underground gasoline storage tank
and the installation of a monitoring system for the remaining diesel fuel tank. The
applicant is required by State Law to provide "test wells" on the site in order to
monitor any fuel leaks and/or replace the existing fuel storage tanks with new
double walled leak proof tanks.
Staff was advised by Earl Curtis, Fire Prevention Inspector for the City of Arcadia,
that all service stations must comply with the State's fuel storage regulations (i.e.,
Section 25280 of the State of California Health and Safety Code). Mr. Curtis indicated
that it would be likely for small independent service stations to close due to the fees
that would be incurred in complying with these regulations. For example in his
opinion the upgrading of the subject facility's storage tanks could exceed $100,000.
PROPOSAL AND ANALYSIS
The applicant is prosing to remove the existing underground fuel storage tanks and
the service pumps in order to avoid the financial burden that he would incur in
complying with the applicable fuel storage regulations.
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Upon the removal of the underground fuel storage tanks and the service pumps the
existing on-site parking area will be improved, as illustrated on the proposed site
plan (attached). A required 5'-0' wide landscape buffer would be along First Avenue
and Foothill Boulevard, which will encompass 3'-0" high wall sections of split faced
block and dispersed tree-wells. Also a new 3'-0" high wall of split faced block would
be constructed along the site's southerly property line to buffer the parking stalls
from the neighboring property.
The existing building will remain for the applicant's automobile repair service, and
will be enhanced by the addition of a new canvas awning which will extend around
the northeast corner of the building.
Additional landscaping will be provided by a proposed 0'-39" wide planter curb in
front of the parking stalls and by constructing a small planter adjacent to the
existing trash enclosure.
There are four existing parking spaces with driveway access from First Avenue and
Foothill Boulevard. One space would be removed and the driveway approach on
First Avenue would be reduced in width in order to improve vehicular circulation
and to accommodate the required landscaped buffer.
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It is staff's opinion that the applicant's proposal would upgrade the property and
enhance the appearance of the building. Approval of this zone variance would not
be detrimental to the public health or welfare, nor injurious to the property and
improvements in such zone of vicinity. Also approval of this variance would not
V 88-002
December 13, 1988
Page 4
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adversely effect the comprehensive General Plan since the automobile repair service
. is essentially already existing.
Pursuant to the provisions of the California Environmental Quality Act, the
Planning Department has prepared an initial study for the proposed project. Said
initial study did not disclose any substantial or potentially substantial adverse change
in any of the physical conditions within the area affected by the project including
land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or
aesthetic significance. Therefore, a Negative Declaration has been prepared for the
project.
RECOMMENDATION
The Planning Department recommends approval of V 88-002 subject to the
following conditions:
1. That the site improvements shall be in compliance with the plans
on file in the subject case.
2. Conditions as outlined in the attached report from the Department
of Public Works shall be complied with to the satisfaction of the
Director of Public Works.
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3. The underground fuel tanks and the service pumps shall be
removed in accordance with all applicable regulations and to the
sa tisfaction of the Fire Chief.
4. Fire safety shall be provided to the satisfaction of the Fire
Department.
5. That a landscaped plan and irrigation plan shall be submitted to the
Planning Department for its review and approval.
6. That all work on vehicles shall be done inside the building.
7. All of the employee vehicles and the vehicles to be serviced by the
facility shall be parked on the premises.
8. That the parking lot shall be striped in accordance with the
Municipal Code Section 9269.8.
9. That Variance 88-002 shall not take effect until the owner and
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V 88-002
December 13, 1988 .
Page 5
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applicant have executed a form available at the Planning
Department indicating awareness and acceptance of the conditions
of approval.
REOUIRED FINDINGS AND MOTIONS
The Planning Commission should examine the information and make findings
relevant to the prerequisite conditions as stated in Section 9291.1.2 of the Arcadia
Municipal Code, which reads as follows:
A. That there are exceptional ar 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, because compliance with
the State requirements would make the retention of the current gas
station use economically unfeasible and to cease all service
station I garage uses would deprive the property owner I operator of
his lively hood.
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B. 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, because the repair use will remain essentially
the same as presently exists.
C. That such variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant possessed
by the other property in the same zone and vicinity, because there
are service stations in the area which are engaged in similar garage
activities, the only difference being that they also provide gasoline
service.
D. That the granting of such variance will not adversely affect the
comprehensive General Plan, because the existing use will not
be significantly different from the existing service station use.
Approval
If the Planning Commission intends to take action to approve this project:, the
Commission should move to approve and file the Negative Declaration and find
that the project will not have a significant effect on the environment and direct staff
to prepare the appropriate resolution incorporating the specific findings and
conditions of approval set forth in the staff report (or as modified by the
Commission).
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V 88-002
December 13, 1988
Page 6
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Denial
If the Planning Commission intends to take action to deny this project, the
Commission should move to deny and direct staff to prepare an appropriate
resolution incorporating the Commission's decision and findings in support
of that decision.
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V 88-002
December 13, 1988
Page 7
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December 5. ~8
TO:
PLANNING DEPARTMENT
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ZONE VARIANCE 88-002, 66 E. FOOTHILL BOULEVARD
In response to your memorandum, the item(s) which this department has concern
or special knowledge of are listed below:
1. The existing parkway widths are fifteen (15) feet on Foothill Boulevard
and twelve (12) feet on First Avenue.
2. The subject property is served by a sewer 1 ine that has the capacity to
transport sewage flows generated in accordance with land use reflected in
the City's current general plan to CSD's system.
The following conditions of approval are recommended:
On-site drainage shall be directed towards existing catch basins.
Reconstruct existing driveway apron per City standard to reflect the
proposed changes as shown on your proposed site plan.
Remove A.C. sidewalk and construct P.C.C. full parkway width sidewalk
along First Avenue as per City Standard.
Remove and replace deficient or damaged curb, gutter, sidewalk and
driveway apron along Foothill Boulevard.
Construct full curb and gutter per City standard for that portion of
removed driveway apron along First Avenue.
All public works improvements shall be completed to the satisfaction of
Director of Public Works prior to final acceptance by Building and Safety
Department and prior to occupancy.
7. All survey monuments, centerline ties and survey reference points shall be
protected in place or re-established where disturbed. This work will be
the responsibility of the permittee and shall be at the permittee's
expense.
The above items are to be complied with to the satisfaction of the Director of
Public Works in accordance with the applicable provisions of the Arcadia
Municipal Code.
Cf/~ k ~~
CHESTER N. HOWARD
Director of Public Works
CNH:DGL:rk
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File No. v 88-002
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CALFIRONlA ENVIRONMENTAL QUALITY ACT
NEGATIVE DECLARATION
CITY OF ARCADIA, CALIFORNIA
A.
Description of project:
Zone Variance to remove under2round
tanks in nrnPT rn rnn1Tprt" ;:m pxi~tin~ ~lltnmnhilp. !=;ervice station into
Q g!:1Y'Qg'"
B.
Location of project:
66 E. Foothill Blvd.
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Name of applicant or sponsor:
Juan Antonio Bigon
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D. Finding: This project will have no significant effect upon the environment
within the meaning of the California Environmental Quality Act of 1970 for
the reasons set forth in the attached Initial Study.
F. Mitigation measures, if any, included in the project to avoid potentially
significant effects:
aLAA--llJ.1rutl~
S~uJL fuMIL
Title
Date:
Date Posted:
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File No.
V 88-002
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ENVIRONMENTAL. CHECKLIST FORM
A. BAClCGROUND
1.
Name of Proponent
Juan
Antonio Bigon
2.
Address and Phone Number of Proponent
66 E. Foothill Blvd..
Ar~adia. CA
91006
B. ENV:l:RONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
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(Signature I
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FILE NO.
"C.'J ~ ~'oc1-
ENVIRONMENTAL INFORMATION FORM
A. Applicant's Name: JUAN ANIDNIO BIGON
Address:
66 E. FCXJl'HILL Blvd. ARCADIA CA. 91006
B.
Property Address (Location):
66 E. FCOI'HILL Blvd.
ARCADIA
C
D.
General Plan Designation:
Zone Classification:
ZONE VARIANCE
2 c- 2
E Proposed Use (State exactly what use is intended for the property,
i.e., type, activities, employment):
DIAGNOSIS & SERVICE of BMW & MERCEDES BENZ.
.
F. Square Footage of Site:
G Square Footage of Existing Buildings:
I . To Remain: All existinq structures
2. To Be Removed: underqround fuel & diesel tanks.
.
Environmental Information Form
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Describe the following:
I. The environmental setting of the project site as it exists.
Diaqnosis & Service is a small and old qas station with car
repair facility.
2. The proposed alterations to the project site.
Convert existing gas station to car repair only and replace '
qasoline island w/n&N parkinq lot and landscapinq.
3. The use and development of the surrounding properties.
Surroundinq properties-sane are comercial and others residential.
Environmental Information Form
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K Check the appropriate answers to the following questions:
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L.
M.
Date:
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Nl2
1.
Will the proposed project result in a substantial
alteration of ground contours and/or alteration
of exiting drainage pattern?
_L
2.
Will the proposed project result in a change in
groundwater quality and/or quantity?
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3.
Will the proposed project result in an increase in
noise, vibration, dust, dirt, smoke, fumes, odor or
solid waste?
/
4.
Will the proposed project result in the use or
disposal of potentially hazardous materials?
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5.
Will the proposed project result in a substantial
increase in demand for municipal services
and/or energy consumption?
/
Explain in detail any "YES" answers to the above questions on
additional sheets.
Provide any additional information which would elaborate on the
potential environmental consequences resultant from the proposed
project.
Certification: I hereby certify that the statements furnished above
and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and that
the facts, statements and information presented are true and correct
to the best of my knowledge and belief.
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~_/- Signature of Applicant
Environmental Information Form
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