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HomeMy WebLinkAbout1774 e . . I RESOLUTION NO. 1774 i I , A RESOLUTION OF THE PLANNING COMMISSION OF THE , 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. - 1 " 1774 - . . I i I 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. &J ~ Chairperson, Planning Commission ATTEST: (~ S~fary, Planning Commission APPROVED AS TO FORM: ~A~ Stephen P. Deitsch, City Attorney -2- 1774 - . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) , 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 Q- ~tar:YOfthePlann:i:iigCommission I It . . . . I I 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. . . . . I . I , I I Section 9213 of the Zoning Ordinance provides the following: I , I 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 . . . . . I I 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 Page 3 of3 11 N 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 . . 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 I - iMAY 3 ClDD8 , ;FiA.nNII'G ~SEn:VfCES RE: Denial of Business License 043098 Arcadia Teachers Association Mr. Kasama, Arcadia Planning Commission & Arcadia City Council, , 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. . 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 . Thank you for your re-consideration, Cindy Stewart, AT A President Helen Dahlstrom, A TA Office, Manager . . I I I I . 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. . 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) . . . . K- ~ ~ ~ ~~ Oltro......p. . . PRELIMINARY EXEMPTION ASSESSMENT I (Certificate of Determination When Attached to Notice of Exemption) I 1. 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 ' 2. I , 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 3. A. B. Other (Private) (1) Arcadia Teachers AssociaUon , (2) 126 E. Santa Clara-Street, Arcadia, CA 91006 (3) (626) 574-9609 I I I 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 I Entity or person undertaking project: 4. 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 ~ . . . . I "-- ---- ----~--- 126 E. Santa Clara Street I I I !