HomeMy WebLinkAbout1774
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RESOLUTION NO. 1774 i
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
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CITY OF ARCADIA, CALIFORNIA, DISAPPROVING A REQUEST
FOR A DETERMINATON OF ALLOWED USE FOR OFFICE
SPACE IN THE M-1 ZONE AT 126 EAST SANTA CLARA
STREET.
WHEREAS, a request for a determination of allowed use was submitted
by the Arcadia Teachers Association on May 30, 2008 for their office at 126 East
Santa Clara Street in the M-1 zone; and
WHEREAS, pursuant to the provisions of the Califomia Environmental
Quality Act, Public Resources Code Section 21000 et s~q. ("CEQA"), and the
State's CEQA Guidelines, the City of Arcadia prepared a Preliminary Exemption
Assessment determining that this project does not require and is exempt from
further environmental assessment because the project is a Class 1, Section
15301 Categorical Exemption for existing facilities; and
WHEREAS, a public hearing was held by the Planning Commission on
July 8, 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 HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the attached report is true'and correct.
SECTION 2. This Commission finds:
1. That there is an inadequate amount of industrially zoned property in
the City;
2. That non-industrial uses should not be deemed to be allowed in the
M-1 zone; and
3. That any further studies or considerations to 'allow the office of the
Arcadia Teachers Association at 126 East Santa Clara Street in the M-1 zone
are not warranted.
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SECTION 3. That for the foregoing reaso:ns this Commission
disapproves the request for a determination that the office at 126 East Santa
Clara Street is an allowed use in the M-1 zone.
SECTION 4. The Secretary of the Planning Commission shall certify
to the adoption of this Resolution.
Passed, approved and adopted this 22nd day of July, 2008.
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Chairperson, Planning Commission
ATTEST:
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S~fary, Planning Commission
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, JAMES M..KASAMA, Secretary of the Planning CQmmission of the City of
Arcadia, hereby certify that the foregoing Resolution No. !1774 was passed and
adopted by the Planning Commission of the City of Arcadia, s~gned by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 22nd day of July, 2008 and that said Resolution was adopted by the following
vote, to wit:
AYES:
Commissioners Baderian, Baerg, Hsu, an~ Parrille
NOES:
None
ABSTAIN: Commissioner Beranek
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~tar:YOfthePlann:i:iigCommission
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STAFF REPORT
Development Services Departrnent
July 8, 2008
TO: Arcadia Planning Commission
FROM: ~ Kasama, Community Development Administrator
SUBJECT: Determination that office space for the Arcadia Teachers Association be
considered an allowed use in the M-1 Zone at 126 E. Santa Clara Street
SUMMARY
This request was submitted by the Arcadia Teachers Association in response to the
denial of their business license application to relocate to 126 E. Santa Clara Street -
see the attached Aerial Map.
The request is that the office for the Arcadia Teachers Association be allowed to remain
at an M-1 Planned Industrial District Zone property. The Association's request is
detailed in the attached letter.
The opinion of the Development Services Department is that the M-1 Planned Industrial
District Zone clearly limits the types of office uses allowed, and that for the Arcadia
Teachers Association to be allowed to have their office at 126 E. Santa Clara Street,
either a text amendment or azone change is necessary.
PROPOSAL AND ANALYSIS
As explained in the Association's letter, the application for :a business license was
denied because the new location is at an M-1 Planned Industrial District Zone property,
which does not allow for general offices. The Association submitted this request
because the M-1 Planned Industrial District Zone allows offices for Architects and
Engineers (Section 9266.1.1) and for Governmental Offices (Section 9266.1.4). The
Uses Permitted in the M-1 Planned Industrial District Zone are listed under Section
9266.1 at seq. A copy of these Sections is attached.
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Section 9213 of the Zoning Ordinance provides the following: I
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If any "use" is for any reason omitted from the lists of those specified as
permissible in each of the various zones herein designated, or if ambiguity
arises concerning the appropriate classification of a particular use. . . it shall
be the duty of the Planning Commission to ascertain all pertinent facts
concerning said use and by resolution of record set forth its findings and
reasons therefor. Such findings and resolutions shall be referred to the
Council and, if approved by the Council, thereafter such interpretation shall
govern.
This Section is an antiquated provision of the Zoning Regulations, and is in conflict with
current State Planning and Zoning laws. While this Section and its process can be
utilized to clarify minor ambiguities, it is not an appropriate process for adding to, or
expanding upon the permitted uses within a zone. The correct procedure to add office
uses to the list of permitted uses in the M-1 Planned Industrial District Zone so that the
Arcadia Teachers Association's office may remain at 126 E. Santa Clara Street is a
properly noticed Text Amendment.
The other process that could allow the Arcadia Teachers Association's office to remain
at 126 E. Santa Clara Street is to change the zoning of the subject property. The
following zones include general offices as permitted uses:
CoO Professional Office Zone
C-1 Limited Commercial Zone
C-2 General Commercial Zone
C-M Commercial-Manufacturing Zone
CBD Ce'ntral Business District Zone
CPD-1 Commercial Planned Development-1 Zone
The Development Services Department is not sure whether a text amendment or a
zone change would be a good solution in this case. The Development Services
Department does not want to allow general office uses in the M-1 Planned Industrial
District Zones because locations for industrial uses in the Gity of Arcadia are very
limited, and a zone change of just the subject property may be an inappropriate case of
spot-zoning.
Provided that the Commission determines and the City Council agrees that a text
amendment or zone change is warranted, the Development Services Department would
like to further examine these alternatives on behalf of the Arcadia Teachers
Association. It may be possible to craft a narrow text amendment so that only a few
additional types of office uses like the Association's would be allowed in the M-1
Planned Industrial District Zone, or a zone change of the properties that front on this
Arcadia Teachers Association
, 126 E. Santa Clara Street
July 8, 2008
Page 2 of3
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block of East Santa Clara Street might be appropriate becauJe the areas to the east
and west of this block are zoned for commercial uses. I
ENVIRONMENTAL ANALYSIS
Pursuant to the provisions of the Califomia Environmental Quality Act (CEQA) the
Development Services Department has prepared a Preliminary Exemption Assessment
finding that the proposed project is a Class 1 Categorical Exemption under CEQA
Guidelines Section 15301, which consists of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alterations of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead ag~ncy's determination.
RECOMMENDATION
If the Planning Commission is of the opinion that the Arcadia Teachers Association
office should be allowed to remain at 126 E. Santa Clara Street; and that either the M-1
Planned Industrial District Zone regulations should be amended, or that this area is
suitable for a zone change, the Development Services Depar:tment recommends that
the Planning Commission direct staff to prepare the appropriate resolution for referral to
the City Council.
PLANNING COMMISSION ACTION
The Planning Commission should move to direct staff to prepare a resolution for
adoption at the next meeting that incorporates the categori'cal exemption, and the
Commission's findings, and reasons for the decisions.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the July 8th meeting, please contact Jim Kasama at (626)
574.5423 or jkasama@cLarcadia.ca.us.
Attachments:
Aerial Map
Letter from the Arcadia Teachers Association
M-1 Permitted Uses
Preliminary Exemption Assessment
Photos of the subject property
Arcadia Teachers Association
126 E. Santa Clara Street
July 8, 2008
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0126 E Santa Clara Sf
a Zone
1ts
126 E Santa Clara Street
velopment ServiG8S DepaJ1ment
Engineering DMsIon
Pn1ps/8d by: R.S GllnzllIeI\ JIiy, 2008
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126 E. Santa Clara Street
Arcadia, CA 91006
(626) 574-9609
ata@ausd.net
Mr. Jim Kasama
Comm. Development Administrator
City of Arcadia
240 W. Huntington Drive
PO BOX 60021
Arcadia, CA 91066-6021
}ffiCEH1ED
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~SEn:VfCES
RE: Denial of Business License 043098
Arcadia Teachers Association
Mr. Kasama, Arcadia Planning Commission & Arcadia City Council,
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Let it be known that Arl:adia Teachers Association (AT A) filed articles ofincorporation with the State of
California in 1963. ATA has always had an office in the city of Arcadia since their incorporation, at
several locations, but never had a business license until I contacted the city in 2003 when I became the
office manager for ATA. The city recommendation at thattime for ATA as a non-profit association
located within the city limits was to apply for a license and there is no 'fee' required. The filing was done
and a I icense was issued to AT A for the first time.
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Because of new ownership and escalating rental fees, ATA was forced to ~k another location for their
office this year after 20 years at 735 W. Duarte Rd, Suite 202, Arcadia. Af\er exhausting their search for
affordable office space in the city of Arcadia, AT A rented a 300 sq ft office at 126 E. Santa Clara Street,
Arcadia from Link Industrial. '
As a non-profit association representing 450 teachers in the AUSD, AT A tias an Executive Board of 10
and a Representative Council of35 teachers who meet once each month at'the Arcadia Chamber
Conference room. AT A employs one part-time office manager who works 'IS hours ma."(imum per week
in the A TA office.
AT A is requesting a review of the denial of their new business license application submitted because of
the move to 126 E. Santa Clara Street. ATA is requesting for a review of the M-I planned Industrial
District Zoning of that office and AT A is requesting to be allowed to remain in their new location. AT A
would like to add that the currently zoned M-l area does allow offices for 8rchitects.and engineers, and
State and/or Federal government officials. The AT A office is 300 sq ft and was rented because it fits the
part-time needs of the ATA employee and the budget of the Association. T;he California Teachers
Association Regional One office in Monrovia approved the office space. i
Ifthe review by the Arcadia Planning Dept and the Arcadia City Council does not change the decision of
Denial of Business License.043098, AT A will be forced to move from 126 E. Santa Clara Street and
possibly relocate to a neighboring city as the,rental rates in Arcadia are no.Ionger affordable for the AT A
budget. It would be unfortunate for the teachers of AT A to loose their visible presence in the city where
they teacb. I
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Thank you for your re-consideration,
Cindy Stewart, AT A President
Helen Dahlstrom, A TA Office, Manager
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M.1 PLANNED INDUSTRIAL DISTRICT ZONE
9266.1. USES PERMITTED.
No building or land shall be used and no building shall be hereafter erected, constructed
or established, except for the uses specified and such other uses as the City Council
may deem to be included in the following subsections. (Amended by Ord. 1664 adopted
1-16-79)
9266.1.1. SAME.
Architects and Engineers. (Amended by Ord. 1254 adopted 8-18-64)
9266.1.2. SAME.
Emergency Hospitals, Clinics. (Amended by Ord. 1264 adopted 8-18-64)
9266.1.3. GAME MACHINES.
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No more than seven (7) game machines shall be considered as an accessory use in
each eating establishment and restaurant. (Added by Ord. 17E?3 adopted 2-15-83)
9266.1.4. GOVERNMENTAL OFFICES.
Local offices for elected State and/or Federal governmental officials. The number of
required parking spaces for such uses shall be the same as required for an industrial
use of the same square footage. (Added by Ord. 1869 adopted 8-18-87)
9266.1.5. INCIDENTAL OFFICE AREA.
Not more than twenty-five percent (25%) of the floor area of a building utilized for a
business engaged in the processing, assembling, manufacturing, warehousing or storing
of products or merchandise may be set aside for office space for the industrial use.
EXCEPTION: If the floor area set aside for the office space. is in excess of twenty-five
percent (25%). the required parking for the additional area will be calculated at a ratio of
four (4) spaces per one thousand (1.000) square feet or fraction thereof of additional
floor area. (Former Section was repealed by Ord. 1372 adopted 1-6-68 and a new
Section was added by Ord. 1874 adopted 1-5-88)
9266.1.6. SAME.
Maintenance Services. (Amended by Ord. 1254 adopted 8-18-64)
9266.1.7. SAME.
Supply Houses. (Amended by Ord. 1254 adopted 8-18-64)
9266.1.8. SAME.
Any business engaged in processing, assembling, manufacturing warehousing or storing
of prOducts or merchandise which complies with the regulations and performance
standards of this Division in addition to all regulations and performance standards that
may be specified for another Zone in which such use is specifically permitted by this
Article. In cases of duplication of regulations or performance standards. the more
restrictive regulation or standard shall apply. (Amended byOrd. 1254 adopted 8-18-64)
9266.1.9. ACCESSORY BUILDINGS.
Accessory buildings and uses customarily included within any of the uses specified in
this Part when located on the same site. (Amended by Ord. 1254 adopted 8-18-64)
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PRELIMINARY EXEMPTION ASSESSMENT
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(Certificate of Determination When Attached to Notice of Exemption)
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Name or description of project:
Determ/naUon that. office space for the Arcadia Teachers Association be considered an allowed use in the M-1
Zone at 126 E. Santa CtaraStreet '
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Project Location -Identify street'address and cross streets or attach a map showing project site:
(preferably a USGS 15' or 7%' topographical map Identified by q'uadrangle name) i
126 E. Santa Clara Streat batwean N. First Avenue and N. Second Avenua
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A.
B. Other (Private)
(1) Arcadia Teachers AssociaUon
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(2) 126 E. Santa Clara-Street, Arcadia, CA 91006
(3) (626) 574-9609 I
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The City's Staff. having undertaken and completed a preliminary review of this project in accordance with tha.
City's "Local Guidelines for Implementing the Callfomla Environmental Quallty:Act (CEQA)" has concluded that
this project does not require further environmental assessment because: I
a. [J The proposed action does not constitute a project under CEQA.j
b. [] The project Is a MinlsterialProject. I
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Entity or person undertaking project:
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Staff Determination:
c. [] The project is an Emergency Project.
d. [J The project constitutes a feasibility or planning study.
e. [Xl The project is categorically exempt Applicable Exemption Class: 1 - Exlstino Facilities
Section No.: 15301
f. [J The project is statutorily exempt. Applicable Exemption:
Section No.:
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: June 16. 2008
Staff: Jim Kasama. Communitv Deve/oDment Administrator
CECA Preliminary Exemption Assessment (Form "A")
6/06
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126 E. Santa Clara Street I
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