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HomeMy WebLinkAbout1460 . . . RESOLUTION NO. 1460 A RESOLUTION OF THE ARCADIA PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT NO. 90-016 (AUTO BODY SHOP AT 42 W. LIVE OAK AVENUE), WITH FINDINGS AND CONDITIONS WHEREAS, a noticed public hearing was conducted on April 9, 1991 to consider revocation of CUP 90-016, for the auto body shop, on property commonly known as 42 West Live Oak Avenue, more particularly described as follows: Lot 1 of Tract 10898, in the city of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 8573, Page 19, inclusive of Maps in the office of said County Recorder. WHEREAS, evidence was considered at the hearing including testimony of William Skipsted, the owner and proprietor of Bill's Auto Body Shop (Responsible Party); and WHEREAS, the evidence included the verbal and written reports of Staff as well as other documentation provided by Staff and the Responsible Party; and WHEREAS, the Planning commission determined to revoke CUP 90- 016 subject to certain conditions, and WHEREAS, the Planning commission directed the preparation of findings consistent with the evidence and their determination. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Conditional Use Permit 90-016 is revoked subject to the following conditions and the time frames specified therein as part of said conditions: 1 . . . a. Removal of the canopy frames from the property no later than April 10, 1991. b. A revised site plan and building plan shall be submitted to the Planning Department no later than April 22, 1991. c. A revised parking lot striping plan (may be part of the revised site plan and building plan) shall be submitted to the Planning Department prior to restriping the lot, no later than April 22, 1991. The parking lot striping shall be completed no later than April 29, 1991. d. The planter area on the corner (where the monument sign is located) shall be landscaped with plants approved by the Planning Department no later than April 29, 1991. e. The trash enclosure shall be completed no later than April 29, 1991. f. The north portion of the enclosed storage/parking area shall be paved to provide proper drainage and access from the northerly driveway serving this area (in accordance with a plan approved by the Public Works Department), no later than May 13, 1991. g. The frame straightener shall be removed from outside no later than May 13, 1991. h. There shall be no cars parked in or worked on in the new portion of the building until the overhead sprinkler system has been approved by the Fire Department and a Final has been obtained from the Building Department. 2 . . . i. If anyone of the above conditions are not complied with within the specified time frames, the CUP will expire and be deemed null and void. In addition, if there is any occupancy of the new portion of the building (see condition h) at any time prior to a Final being secured from the Building Department, said CUP shall be revoked and the CUP be deemed null and void. SECTION 2. The decision set forth in section 1 above, is based on the following findings: a. Work was being done under a canvas awning located in front of the paint booth and also work was being done outside. This is in violation of Conditions 3 and 7 of Resolution No. 1449. On March 22, 1991 during a second site inspection, it was noted that the canopy was removed, but two awning structures were still up. This seems to be an on-going problem. (Violation of Conditions 3 and 7, Resolution No. 1449) b. The parking lot striping has not been done and plans have not been submitted showing the revised layout. (Violation of Condition 11, Resolution No. 1449) c. The trash enclosure has not been completed. (Violation of Condition 11, Resolution No. 1449) d. The northerly portion of the enclosed storage/parking area has not been repaved. There is ponding in this area and access from the northerly driveway apron into the gated area is unacceptable; the driveway apron is a minimum 6" higher than the storage/parking area and lumber has been piled adj acent to the 3 . . . apron to allow vehicles onto the property. (Violation of Condition 11, Resolution No. 1449) e. There is outside storage of parts, materials, trash bin and miscellaneous junk. (Violation of Condition 6, Resolution No. 1449) f. A frame straightener is installed with fixed anchors outside the building. Condition 7 of Resolution No. 1449 specifically states: "All automobile repair work and auto body work shall be done inside the building." (Violation of Condition 7, Resolution No. 1449) g. Responsible Party is illegally occupying the new portion of the building without the necessary building Final. (Violation of Condition 10, Resolution No. 1449) h. The Fire Department has not been contacted for an overhead sprinkler inspection. i. As of this date city has not received a revised site plan and building plan. j. There is no landscaping in the planter area adjacent to the monument sign. k. The history of subject Conditional Use Permit demonstrates an on and off again use of canopies and occupancy of buildings were such use and occupancy is prohibited. These actions constitute violations of the Conditional Use Permit as well as building, zoning and fire regulations. SECTION 3. CONCLUSION. Based on the above Findings, it is concluded that the operation of Bill's Auto Shop under CUP 90-016 4 . . . has been and is inconsistent with the public health, safety and welfare and is incompatible with surrounding uses and the welfare of the community. Further, it is concluded that there are no justifiable excuses with regard to the use of subject property that would mitigate any of the Findings and conditions of the Commission. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of April 9, 1991 and the fOllowing vote: AYES: Commissioners Amato, Clark, szany, Papay NOES: None ABSENT: Commissioner Hedlund SECTION 4. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council 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 23rd of April, 1991 by the fOllowing vote: AYES: Commissioners Amato, Clark, Szany and Papay NOES: None ABSENT: Commissioner Hedlund ission c:=. Chairman, Plannin City of Arcadia ATTEST: !&L4j)/J~~~ secretary, Planning Commissron City of Arcadia 5 . . . April 9, 1991 TO: ARCADIA CITY PLANNING COMMISSION FROM: PLANNING DEPARTMENT DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR SUBJECT: REVOCATION HEARING c.u.P. 90-016 - 42 WEST LIVE OAK AVENUE This hearing has been scheduled for tonight's meeting to consider revocation of Conditional Use Permit 90-016, the expansion of the existing auto body shop at 42 West Live Oak Avenue (Bill's Auto Body). BACKGROUND On November 27, 1990 the Planning Commission voted 5 to 0 to adopt Resolution 1449 granting Conditional Use Permit 90-016 to allow the expansion of Bill's Auto Body Shop at 42 West Live Oak Avenue. The Planning Commission approved the current C.U.P. subject to the following conditions: 1. 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. 2. That Fire safety shall be provided to the satisfaction of the Fire Department. 3. That the canvas-type canopies, if approved by the Fire Department with any additional conditions they may have, and the metal awning shall be allowed to remain for a maximum of 45 days from the date of adoption of the resolution, or until the final building inspection has been approved, whichever comes first. (no later than January 10, 1991) 4. The razor wire shall be allowed along the southerly property line, however, barbed wire, razor wire or any similar type of material shall not be installed along WeIland Avenue and the existing barbed wire and razor wire on Welland shall be removed within 45 days from the date of approval of this conditional use permit. C.U.P. 90-016 - Revocation April 9, 1991 Page 1 . 5. That the size and location of the trash enclosure shall be subject to the approval of the Planning Department 6. There shall be no ~utside storage of trash, scrap metal, equipment or material. 7. All automobile repair work and auto body work shall be done inside the building. The carport shall be used for parking only and shall not be used for automotive work. B. No vehicles shall be parked on the premises and offered for sale, lease or rent. 9. New permits shall be obtained for the electrical and mechanical work and any other work necessary to complete the job. 10. That the new portion of the building shall not be occupied until the sprinkler system has been installed and a certificate of occupancy issued by the Building Division. . 11. All on-site improvements (sprinklers, landscaping, trash enclosure, etc.) shaH be completed and driveway aprons installed within 45 days from the date of approval of this C.U.P. (no later than January 10, 1991) 12. All off-site improvements including installation of street lights, landscaping, landscape sprinkler systems, curbs and gutters shall be completed within six (6) months from the date the final building inspection has been approved. 13. That prior to the final building inspection being made, the applicant shall be required to post a bond or other security approved by the City Attorney, to guarantee that the off-site improvements shaH be completed within six (6) months from the date the final building inspection has been approved. 14. The subject site shall be maintained as per the plans on file in the Planning Department or as approved by the Planning Department. 15. That c.u.P. 90-016 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. 16. A modification shall be granted for 29 parking spaces in lieu of 34 parking spaces. This approval shaH not constitute an approval for any change in use that would require more than 4 parking spaces per 1,000 square feet of gross floor area. That said parking modification shall be for the garage use only. . C.U.P, 90-016 - Revocation April 9, 1991 Page 2 . . . 17. A modification shall be granted for the deletion of the 5'-0" wide landscape buffer between the parking lot and Welland Avenue. Said 5'-0" wide landscape buffer shall be provided within the public right-of-way. 18, Noncompliance with the provisions and conditions of this Conditional Use permit shall- constitute grounds for the immediate suspension or revocation of said Permit. On December 4, 1990, Mr. Skibsted appealed the following three conditions of approval: 1. Removal of the razor wire along Welland Avenue (condition 4 of Res. 1449). 2. Installation of free standing light poles in lieu of lights attached to the existing wood power poles (Public Works condition 7). 3. Installation of Fire Sprinklers in the carport area at the front of the building. (condition 2 of Res, 1449 - Fire Department requirement). On January 15, 1991 the City Council in its consideration of Mr. Skibsted's appeal took the following actions: 1. The maximum height of the wall, including the razor wire and barbed wire along Welland Avenue shall not exceed 6'-0". 2. The installation of two street lights along, Welland Avenue to be located on the existing wood poles. 3. Fire sprinklers shall be installed in the entire structure, including the carport and paint booth. In a letter to Mr. Skibsted on January 16, staff reminded Mr. Skibsted that the canvas canopies and metal awnings (which were still up) were to be removed by January 10, Also, all on-site improvements were to be completed by January 10. On January 17, a letter was sent to Mr. Skibsted advising him that a hearing for revocation was scheduled on February 12 before the Planning Commission because the canvas canopies were still being used and on-site improvements had not been completed. Resolution 5566 setting forth the Council's action was adopted on February 5,1991. On February 6, Mr. Skibsted was advised in writing that because of the progress that had been made at 42 West Live Oak Avenue to comply with the conditions of approval, the hearing for revocation was being tabled. C.U.P. 90-016 - Revocation April 9, 1991 Page 3 . . . Because of the multitude of changes to the original site plan and floor plan, staff on several occasions requested Mr. Skibsted to submit revised plans showing all the changes. On February 6, we reminded Mr. Skibsted in writing that prior to securing a final on the building we needed a revised site plan and floor plan which accurately reflects the final floor plan and site improvements. On March 21, in response to a request for a Final on Mr. Skibsted's property, Roy Streeter, Corky Nicholson and I inspected the property. During the inspection, the following violations were noted: 1. Work was being done under a canvas awning located in front of the paint booth and also work was being done outside. This is in violation of Conditions 3 and 7 of Resolution 1449. On 3/22 during a second site inspection, it was noted that the canopy was removed, but two awning structures were still up. This seems to be an ongoing problem. (Violation of Conditions 3 and 7, Resolution 1449) 2. The parking lot striping was not been done and plans have not been submitted showing the revised layout. (Violation of Condition 11, Resolution 1449) 3. The trash enclosure has not been completed. (Violation of Condition 11, Resolution 1449) 4. The northerly portion of the enclosed storage/parking area has not been repaved. There is ponding in this area and access from the northerly driveway apron into the gated area is unacceptable; the driveway apron is a minimum 6" higher than the storage/parking area and lumber has been piled adjacent to the apron to allow vehicles onto the property. (Violation of Condition 11, Resolution 1449) 5. There is outside storage of parts, materials, trash bin and miscellaneous junk, (Violation of Condition 6, Resolution 1449) 6. A frame straightener is installed with fixed anchors outside the building. Condition 7 of Resolution 1449 specifically states: "All automobile repair work and auto body work shall be done inside the building," (Violation of Condition 7, Resolution 1(49) 7. Power has been illegally supplied to the new portion of the building. (Building Violation - the site has been red tagged). C.U.P. 90-016 - Revocation April 9, 1991 Page 4 . . . On 4/3 in response to a call from Mr. Skibsted, Roy Streeter inspected the premises and noted that the panel has been disconnected, however work 'is still being conducted within the new portion of the building. 8. They are illegally occupying the new portion of the building without the necessary building Final. (Violation of Condition 10, Resolution 1449) 9, The Fire Department has not received a corrected set of fire sprinkler plans for the change in the underground water supply. Also, as of April 2, they have not been contacted for an overhead sprinkler inspection. (Violation of Conditions 2 and 10, Resolution 1449) 10. As of this date we have not received a revised site plan and building plan. 11. There is no landscaping in the planter area adjacent to the monument sign, ANALYSI~ The original conditional use permit for this property was issued in May, 1988 (C.U,P, 88-008). This c.u.P. expired before all the conditions of approval had been completed. C,U.P. 90-016 was filed as a result of the expiration of the original c.u.P. Unfortunately, their is a continued history of non-compliance and violations on this property since the expansion was approved by the Planning Commission in 1988. Mr. Skibsted's on-and off-again use of the canopies and occupancy of the building are ~ violations of the conditional use permit and building. zoning and fire regulation,. The continued efforts the City has had to take to try to secure compliance with the conditions of approval for this C.U.P. have been extraordinary. It is staffs opinion that there has been more than adequate time to complete all the conditions of approval (almost three years). Section 9275.2.15. of the Arcadia Municipal Code states: REVOCATION. Any Conditional Use permit granted under this Division may be revoked by the Planning Commission or the City Council at a public hearing held after at least five (5) days' written notice to the permittee if the COmmission or Council finds upon evidence presented at such hearing that any condition of such Conditional Use permit or any valid regulation of a proper supervisory a~encv. including the City. has been violated without justifiable excuse. C.U.P. 90-016 - Revocation April 9, 1991 Page 5 . . . Attached for the Planning Commission's consideration are a copy of Planning Commission Resolution 1449 and City Council Resolution 5566. RECOMMENDATION The Planning Department recommends that Conditional Use Permit 90-016 be revoked and that the Commission also direct staff to take the necessary steps to revoke Mr. Skibsted's Business License. If the Commission wishes to grant Mr. Skibsted additional time, the Planning Department recommends the following: 1. Immediate removal of the canopy frames from the property. 2. A corrected set of fire sprinkler plans for the change in the underground water supply shall be submitted to the Fire Department no later than April 22. 1991. 3. There shall be no occupancy of the building until the overhead sprinkler system has been approved by the Fire Department and a Final has been obtained from the Building Department. 4. A revised site plan and building plan shall be submitted to the Planning Department no later than April 22. 1991. 5. A revised parking lot striping plan shall be submitted to the Planning Department no later than April 22. 1991 and the parking lot striping shall be completed no later than April 29. 1991. 6. The planter area on the comer (where the monument sign is located) shall be landscaped with plants approved by the Planning Department no later than April 29. 1991. 7. The trash enclosure shall be completed no later than April 29. 1991. 8. The north portion of the enclosed storage/parking area shall be repaved to provide property drainage and access from the northerly driveway serving this area (in accordance with a plan approved by the Public Works Department), no later than May 13. 1991. 9. The frame straightener shall be removed from outside no later than May 13. 1991. 10. If anyone of the above conditions are not met within the specified time frames, the C.U.P. will expire and be deemed null and void. C.U.P. 90-016 - Revocation April 9, 1991 Page 6