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HomeMy WebLinkAbout1780 ~'" . 0'. RESOLUTION NO. 1780 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 08-12 FOR VEHICLE STORAGE AND PARKING ASSOCIATED WITH RUSNAK MERCEDES-BENZ AT 21 MORLAN PLACE. WHEREAS, on September 3, 2008, a conditional use permit application was filed by the Arcadia Redevelopment Agency (ARA) to allow vehicle storage and parking associated with Rusnak Mercedes-Benz at 21 Morlan Place; and WHEREAS, a public hearing was held by the Planning CO{l1.1llission on September 23, 2008, 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 RESOL YES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and COI'Fect. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be 'J detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the initial study did not -,--- a- .-- disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses , in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. . 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for is in conformance with the General Plan as required by Government Code Section 65402. 7. That the use applied for will not have a substantia] adverse impact on the environment, and that the proposed project is categorically exempt . from the requirements of the California Environmental Quality Act (CEQA) 2 1780 '~ e-- . . because the project involves the minor alteration of an existing facility and is a small parking lot, which meets the requirements fOt: Class I and Class 11 exemptions under Sections 15301 and 15311 respectively of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 08-12 to allow vehicle storage and parking associated with Rusnak Mercedes-Benz at 21 Morlan Place, subject to the following conditions: 1. Rusnak Mercedes-Benz is permitted to utillzethe parking lot Monday through Friday for parking of ve~icles. All vehicles associated with Rusnak will be removed, from the site on Saturday and Sunday. If the Church requires the use of the parking area on a weekday, Rusnak shall not park vehicles on the site during the times specified by the Church. The Church shall notify the City of such event forty-eight (48) hours in advance of the event to allow an opportunity for the City to notify Rusnak of the conflict. 2. An agreement detailing the operational specifics of Rusnak's use of the subject property shall be executed prior to initiation of this Conditional Use Permit. The Arcadia Redevelopment Agency, Rusnak Mercedes-Benz, and the Church in Arcadia must agree to all operational specifics. 3. In the event the existing building is removed, the entire lot may be used for parking associated with Rusnak Mercedes-Benz. All proposed changes to landscaping, lighting, and security fencing shall be reviewed by the Development Services Director. 3 178,0 , ~ . . 4. Noncompliance with the plans, provisions and conditions of approval for CUP 08-12 shall be grounds for immediate suspension and/or revocation of any approvals. SECTION 4. The Secretary shall certify to the adoption of this Reso]ution. Passed, approved and adopted this 23rd day of September, 2008. ATTEST: APPROVED AS TO FORM: ~r~ Stephen P. Deitsch, City Attorney 4 1780 e . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) I. JAMES M. KASAMA. Secretary of the Planning Commission of the City of Arcadia, hereby certifY that the foregoing Resolution No. 1780 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 23rd day of September, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, HsuandParrille NOES: None ABSENT: Commissioners Baderian and Beranek of the Planning Commission . . STAFF REPORT Development Services Department September 23, 2008 TO: Arcadia Planning Commission FROM: ~m Kasama, Community Development Administrator SUBJECT:. Conditional Use Permit Application No. CUP 08-12 to permit vehicle. storage and parking associated with Rusnak Mercedes- Benz at 21 Morlan Place SUMMARY The Arcadia Redevelopment Agency (ARA) has closed escrow on the property located at 21 Morlan Place and has taken ownership of this parcel. The ARA is anticipating entering into a lease with Rusnak Mercedes-Benz to utilize the parking lot at this site for vehicle storage and parking associated with the Rusnak dealership. The Church in Arcadia is the current occupant of the site. The City has been working with the Church on a relocation deal whereby the Church will move into a new building on Live Oak Avenue. Until such time as the Church vacates the site, parking and vehicle storage on this site will be carefully coordinated with the Church so that no Church operations are impacted. There' will be no physical change to the site in the short term, except for some fencing and other minor site improvements. Ultimately, the entire site could be used for vehicle storage. The Development Services Department is recommending approval ofthis CUP, subject.to the conditions listed in this report. GENERAL INFORMATION Applicant: Arcadia Redevelopment Agency (owner) Location: 21 Morlan Place Request: Utilize the site for vehicle storage and parking associated with Rusnak Mercedes-Benz. . Site Area: Approximately 44,000 square feet (1.01 acres) Frontage: Approximately 210 feet along Morlan Place Existing Land Use: The subject site is currently used as the meeting hall for the Church in Arcadia. The building is approximately 18,000 square feetin size. . The rest of the site is surface parking area. Zoning: CBD, Central Business District General Plan Designation: Commercial Surrounding Land Uses & Zoning: North: Private school and utility company office, zoned C-2 South: Elks Lodge and medical offices, zoned CBD East: Commercial/Retail, zoned CBD West: Auto Sales, zoned CBD BACKGROUND The subject site is currently utilized as a meeting hall for the Church in Arcadia. The Arcadia Redevelopment Agency (ARA) has been working with the Church in Arcadia for several years to facilitate a relocation of the meeting hall to a site on Live Oak Avenue. The Planning Commission has reviewed and approved a General Plan Amendment, a Zone Change, a Tentative Parcel Map, and a Conditional Use Permit for the site on Live Oak Avenue. The relocation of the Church is part of a long-term plan to assemble properties to assist the expansion of Rusnak Mercedes-Bel)zin this portion of the Redevelopment Area. Rusnak owns and operates-out of the site directly to the west ofthe subject property and has existing Conditional Use Permits CUP 01-10 and 02.20 for that site. The existing building is approximately 18,000 square feet in area and there are 43 on-site. parking spaces. The Church .is currently operating under CUP 77-27, which was apprQved in 1977. This Conditional Use Permit includes several conditions related to parking that will not be impacted by this proposal. The Church will continue operations until such time as they move to another location. The subject project will not interfere with Church operations. PROPOSAL AND ANALYSIS e . The proposal is for Rusnak to utilize the site for vehicle storage and parking during periods that the Church is not in operation. There would be no significant . changes to the site other than new security fencing and gates. An access gate CUP 08-12 September 23, 2008 Page 2 . . . would be provided along the shared property line to the west of the site so that Rusnak would have easy access between the two sites without needing to use the street. Rusnak would utilize the site from Monday through Friday for parking, and all cars related to Rusnak would be removed from the site on Saturday and Sunday. If the Church has additional events and/or meetings during weekdays, Rusnak will not park cars on the site during such days or times. An agreement between the ARA, the Church in Arcadia, and Rusnak is required to be signed by all parties specifying all operational characteristics. After such time as the Church in Arcadia vacates the site, the existing building may be demolished and the site may be used in its entirety for parking seven days a week. If this occurs, the. Development Services Director will be responsible for ensuring that all landscaping, lighting, and security fencing is compatible with the surrounding area. Any proposed new buildings or other requests to use the site for any other purpose must first obtain a Conditional Use Permit through a duly-noticed public hearing. This project was routed to the Engineering Department for their comments relative to any impacts to the street system or surrounding improvements or uses. There were no comments. OTHER REQUIREMENTS In addition, since this project may ultimately involve a lease agreement between the Arcadia Redevelopment Agency and a private party, the City Attorney has stated that the Planning Commission must find that this action would be in conformance with the City's General Plan under Government Code Section 65402. To address Government Code Section 65402, the use of this property for parking associated with Rusnak addresses several of the key Community Development Goals listed in the General Plan. By allowing the expansion of Rusnak, one of the economically most important land uses in the City of Arcadia, onto this site, the follOWing Community Development Goals are met: . Direct the amount and location of land uses in a manner which enhances the environmental, social, physical, and economic well-being of the City of Arcadia; and . Provide for the retail and commercial service needs of Arcadia residents. The use of this site to assist Rusnak, which in turn serves and benefits the community, is clearly in conformance with the General Plan. Finally, the Redevelopment Agency Board (City Council) reviewed and approved this use as appropriate for the Redevelopment Project ArEla at their meeting of September 16,2008. CUP 08-12 September 23, 2008 Page 3 CEQA . Pursuant to the provisions of the Califomia Environmental Quality Act, the Development Services Department has determined that the proposed project is a minor alteration of an existing facility and is a small parking lot, and is therefore exempt from CECA (Class 1 Categorical Exemption, Section No. 15301 and Class 11, Section No. 15311). A Preliminary Exemption Assessment is attached. FINDINGS Section 9275.1.2 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 findings can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2~ That the use applied for at the location indicated is properly one forwhich a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, . loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhOod. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind oftraffic generated by the proposed use. 5. That the granting of such Conditional Use Permitwill not adversely affect the comprehensive General Plan. 6. That the granting of this Conditional Use Permit approves a project that is in conformance with the Arcadia General Plan. RECOMMENDATION The Development Services Department recommends aooroval of Conditional Use Permit Application No. CUP 08-12 based on the,above findings and subject . to the following conditions: 1. Rusnak Mercedes-Benz is permitted to utilize the parking lot Monday through Friday for parking of vehicles. All vehicles associated with Rusnak will be removed from the site on Saturday and Sunday. If the Church requires the use of the parking area on a weekday, Rusnak shall not park vehicles on the site during the times specified by the Church. The Church . shall notify the City of such event forty-eight (48) hours in advance of the CUP 08-12 September 23, 2008 Page 4 . . . event to allow an opportunity for the City to notify Rusnak of the conflict. Rusnak's use of the parking lot on Saturday and Sunday is subject to the agreement described in Condition #2. 2. An agreement detailing the operational specifics of Rusnak's use of the subject property shall be executed prior to initiation of this Conditional Use Permit. The Arcadia Redevelopment Agency, Rusnak Mercedes-Benz, and the Church in Arcadia must agree to all operational specifics. In the event the existing building IS removed, the entire lot may be used for parking associated with Rusnak Mercedes-Benz or successor in interest. All proposed changes to landscaping, lighting, and security fencing shall be reviewed by the Development Services Director. Noncompliance with the plans, provisions and conditions of approval for CUP 08-12 shall be grounds for immediate suspension and/or revocation of any approvals. 3. 4. PLANNING COMMISSION ACTION Approval If the Planning COmmission Intends to approve this proposal, the Commission should move to approve Conditional Use Permit Application No. CUP 08-12, state the supporting findings, adopt a categorical exemption from CEQA, and adopt the attached resolution, which incorporates the Commission's decision, specific determinations and.findings, and the conditions of approval. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 08-12, state the finding(s) that the proposal does not satisfy, 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 September 23, 2008 public hearing, please contact Community Development Administrator, Jim Kasama at (626) 574-5423 or via email atikasamaCCilcLarcadia.ca.us. Attachments: Aerial Photograph and Zoning Map Photographs of the Site Plans Preliminary Exemption Assessment Govemment Code Section 65402 Resolution No. 1780 CUP 08-12 September 23, 2008 Page 5 !:l N lDO o lDO .. c:J 21 Morlan PI D Arcadia I CBD~ Zone 1iis 21 Morlan Place CUP 08-12 Developmeni SeIVlces Depadment EngIneering Division Fnlp/JIed by: RS.Goolafez, SeItBmf>er. 2008 ~ N 100 0 100 ~- 20IJ Fest IM-1~ t s: a ct ~s1 SAN1A cLA (IDl) .... ~ q; i3 ~ :j ~ q; i3 5: q; i3 ~ ~ l25} ~ q; jCSDl t [CBD~ ~ ~ c: i q; i3 ~ (<1l (r1) II) :j t"I (r1) . HUNTINGTON DR tts bpmentSe1V/ces Depattment EngIneering DIvisIon Frf/patIJdIly.R.s._ SIp/emIler2Olll Ic-2f ~.......,U/ CBD ~"I /fill) MORLAN PL (JD1) /f8) 21 Morlan Place CUP 08-12 S~JECT PROPERTY PHOTOGRf'\PHS Exterior view showing the front of the subject, Looking northeaSt from Morlan Place ,~j ~ ;..-..-0" . ::.,.-..:- I..' ~'" f:" ~ ,. " '. ~.t;.."'f " ~...- ". " !!h ~" .'-- .-... I ) ~ , ... ~ Exterior view showing front of the subject, Looking northwest from Morian Place MASON & MASON Real Estate Appraisers and Consultants . . . . . . . SUBJECT PROPERTY PHOTOGRAPHS ~C:.. -<C.J l -. . . . "I . " ".,.,....~'~.~"~---bl.~ _ ',,'," )..: I~~. _' J/..... ~<., __~~ -~:r_-.~'~~~."i-<- .--1. - .. t- ""'~"''''~.'l;..~-~~~.-~, _ -~,Z~~ c' "'=~~~.......-~...~..:-_.__ I .. -".,"---!::....\.-...~'-\,..l:~ Il'''..... .....--"'""'"- '" . ". .l,t.:":~"...':7_;;:~____~ ':'''::;-':;;::~~,,; . Exterior view showing the west side of the Subject building and parking area, looking northeast ., .' ,'~"- . n__"'- , \ \ \ \ _0' - ../" ~ ,_. --- .~.- " n --E ;~~"~'- ., .,. .--:....... ~, - - :.:. . 1'"'-- .ll. . :.'. , , I \,',ly'. :~}, I . !. ~t,.~ .". . -fL':'- ",.i\ICe., .,- f;~;jfl~~;:!ji i:~i~i~~il,~~~'~.~,.., ~IL-~o .0 ./_ - -..:.. - " 'T 0 ~-~ ~ '",jil~"'e~ ., ~ .~,J.', .,',~..... rM! _ "",.q',"- , ':""(~~' '4 I: _, I 11~ oIP...., ..;'. , .,'_ '".r", .' " " (I. . " "7 . ~ . '1~ "-';-:.!r. , .. . Exterior view showing the rear of the subject, Looking southwest from a point near Santa Clara Street MASON & MASON Real Estate Appraisers end Consultants I .;ii;I:"l~;'/I:::t.#':l' ~-:;6~- .--\' .--\ 1;.,--- ~~--\ .... L~ ., q , , -- . ~.L~\/ \,,', . \---/i"- , .-- I......, \ yo. ~". '" ~\ :("~ .'" . .> " i .. ''''1 ":,\ 't:~ ....\ ~~<x ~\ ~\ I \ .....--- 'Z1(c:o. I tJ' ~L..lt-JP...{~}"'- ",-~~~ l' ~ 1 (~jf;Jo1f' ~1~1' -'-r r ~ ~: - - ~-----' "-"1<>1'';'. .;VJI.DiN<3. ;:! 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Name or descrlption of project: A Conditional Use Permit (CUP 08-12) requesting approval for vehicle storage and parking associated with Rusnak Mercedes-Benz at 21 Morlan Place. Existing operations at the Chuch in Arcadia will not be impacted. 2. Project location - Identify street address and cross streets or attach a map 'showing project site (preferably a USGS 15' or 7W topographical map Identified by quadrangle name): . 21 Morlan Place 3. Entity or person undertaking project: 181 A. City of Arcadia o B. Other (Prlvate) (.1) Name: (2) Address: (3) Phone: 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project In accordance with the City's "Local Guidelines for Implementlng the California Environmental QualltyACl {CEQAl" has concluded that this project does not require further environmental assessment because: a. 0 b. 0 c. 0 d. 0 e. 181 f. 0 g. 0 The proposed action does not constitute a project under CECA. The project Is a Ministelial Project. The project is en Emergency Project. The project constitutes a feasibility or planning study. The project Is categorlcally exempt. Applicable Exemption Class: Class 1 and Class 11 , Section No.: Section 15301 and Section t5311 The project Is statuto lily exempt. Applicable Exemption: Section No.: The project is otherwise exempt on the following basis: h. 0 The project involves another public agency which constitutes the lead Agency. Name of lead Agency: Date: Seotember 10. 2008 Staff: Jim Kasama. Communitv Develobment Admin. I'. GOVERNMENT CODE SECTION 65402 65402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no pUblic building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof Within forty (40) days after the matter was submitted to it, or such longer period of time .as may be designated by the legislative body. . . .