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Home My WebLink About1746 RESOLUTION NO. 1746 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING AN AMENDMENT TO RESOLUTION NO. 1726 FOR THE 24-HOUR OPERATION OF THE GAS PUMPS AT THE AUTOMOBILE SERVICE STATION AT 3 E. DUARTE ROAD WHEREAS, on April 7, 2006, a request to amend Resolution No. 1726 of Conditional Use Permit application no. CUP 2005-05 was filed by Nancy Patterson of Urban Solutions, Inc., land use consultant, for the 24- hour operation of the gas pumps at the automobile service station (Development Services Department Case No. CUP 2005-05) at property . commonly known as 3 E. Duarte Road; and WHEREAS, a public hearing was held by the Planning Commission on May 23, 2006, 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 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 Commissionfmds: . . . . 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 because the initial study did not 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 su~h 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 will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no 2 1746 . . . evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants amendments to Resolution No. 1726, for an automobile service station with the 24-hour operation of fuel pumps at 3 E. Duarte Road, upon the following conditions: I. The hours of operation for the automobile service bays shall be limited to Monday through Saturday, 7:30 a.m. to 7:00 p.rn., and Sunday 8:00 a.m. to 6:00 p.rn. The hours of operation for the automobile service station to sell fuel at the pumps and have a cashier available shall be 24 hours a day, 7 days a week. 2. All ofthe other conditions of Resolution 1726 not amended by this Resolution No. 1746 shall remain in full force and effect. 3. The applicant shall defend, indemnify,and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which 3 1746 action is brought within the time period provided for in Government Code . Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City . . shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of May 23, 2006, by the following votes: AYES: Commissioners Baderian, Beranek, Hsu, Lucas, Olson NOES: None SECTION 5. 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 forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the June 12, 2006, by the following votes: 4 1746 . . . AYES: Baderian, Beranek, Hsu, Olson and Lucas NOES: None ATTEST: slOn APPROVED AS TO FORM: ~r.~ Stephen P. Deitsch, City Attorney ~~ ~~~~ Chairman, Planning ommission City of Arcadia 5 1746 . . . STAFF REPORT Development Services Department May 23. 2006 TO: Arcadia Planning Commission FROM: Jason Kruckeberg. Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: A request to amend Resolution No. 1726 of Conditional Use Permit Application No. CUP 2005-05 for the 24-hour operation of an automobile service station at 3 E. Duarte Road. SUMMARY The applicant is requesting to amend Resolution No. 1726 which sets forth the approval of Conditional Use Permit Application No. CUP 2005-05 for the 24-hour operation of an automobile service station at 3 E. Duarte Road. The Development Services Department is recommending approval of the applicant's request. GENERAL INFORMATION APPLICANT: Nancy Patterson (consultant for EZ Lube) LOCATION: 3 E. Duarte Road (also known as 916 S. Santa Anita Avenue) REQUEST: To amend Resolution No. 1726 for revised hours of operation, including the 24-hour sale of fuel. SITE AREA: 13,456 sq. ft. (0.31 of an acre) FRONTAGES: Approximately 152 feet along Duarte Road; 148 feet along Santa Anita Avenue EXISTING LAND USE & ZONING: The site is currently under construction for the new automobile service station and lube service, as approved under CUP 2005-05, . and is zoned C-2 General Commercial. SURROUNDING LAND USES & ZONING: No rt h: South: East: West: Warehouse (non-conforming) -zoned C-2 Automobile Service Station - zoned C-2 Tire Service Center (non-conforming) - zoned C-2 Commercial Retail Center -zoned C-2 GENERAL PLAN DESIGNATION: Commercial BACKGROUND On April 26, 2005, the Planning Commission adopted Resolution No. 1726, granting CUP 2005-05, for an automobile service station with lubrication service at the subject property. As a condition of approval, the hours Of operation .of the automobile service bays and gas pumps is limited to the following: Summer Hours (Mav 1st throuah Oct. 31st) Monday through Friday 7:30 a.m. - 7:00 p.m. Saturday 7:30 a,m. - 6:00 p.m. Sunday 8:00 a.m. - 5:00 p.m. Winter Hours (Nov. 10t through April 30th) Monday through Saturday 7:30 a.m. - 6:00 p.m. Sunday 8:00 a.m. - 5:00 p.m. . The vendor for the sale of fuel has changed since the Conditional Use Permit approval; and the new vendor requests to operate on a -24-hour basis. PROPOSAL AND ANALYSIS The proposal is to amend the hours of operation ofthe subject automobile service station, including the 24-hour operation of the gas pumps and the incidental 206 sq.ft. convenience store at the site. From the approved hours. as listed above, the applicant is proposing the following revised hours: Automobile Service Bavs Monday through Saturday 7:30 a.m. -7:00 p.m. Sunday 8:00 a.m. - 6:00 p.m. Gas Pumps and Convenience Store 24 hours a day, 7 days a week Amendmentto Resolution 1726 May 23, 2006 Page 2 . . . . The hours of operation for the service bays are revised to be more uniform. In staffs opinion, these changes are minor and would be eaSier to abide by and to enforce. The proposed 24-hour operation is consistent with other automobile service stations within the City, as shown by the attached survey conducted by the applicant. It is also consistent with the service station that previously occupied the subject property before it closed in 2003. In accordance with the Arcadia Municipal Code Section 9275.4, which is referenced in Condition No, 2 of Resolution 1726, the convenience store is limited to the sale of beverages, food, dairy and tobacco products that are bottled, canned, packaged or sealed. The display, sale or storage of books, periodicals, magazines, health and beauty aids, household soaps and cleansers, and alcoholic beverages is prohibited. In staffs opinion, the proposal is appropriate witHin this zone and would not affect any of the required findings that were initially made to approve CUP 2005-05. The surrounding properties are all commercial in nature and the project is insulated from residential by commercial and existing non-conforming industrial uses. Additionally, there were no comments or issued raised by surrounding property owners for this application. CEQA This project is categorically exempt from the requirements of the Califomia Environmental Quality Act per Section 15301. RECOMMENDATION The Development Services Department recommends that Condition No. 7 of Resolution 1726 be revised to read as follows: 7. The ho(!rs of operation for the automobile service bays shall be limited to Monday through Saturday, 7:30 a.m. to 7:00 p.m., and Sunday 8:00 a.m. to 6:00 p.m. The hours of operation for the automobile service station to sell fuel at the pumps and have a cashier available shall be 24 hours a day, 7 days a week. PLANNING COMMISSION ACTION Approval The Planning Commission should direct staff to prepare a resolution to amend Resolution No. 1726, for the purpose of changing the hours of operation, as Amendment to Resolution 1726 May 23, 2006 Page 3 proposed by the applicant or as modified by the Commission, for the new automobile service station at 3 E. Duarte Road. Denial . If the Planning Commission 'intends to deny this Conditional Use Permit application, the Commission should state the specific reasons for denial and direct staff to prepare the appropriate resolution incorporating 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 May 23~ public hearing, please contact . Associate Planner, Thomas Li at (626) 574-5447. Approved by: Jason Kruckeb 'g Community Development Admini trator Attachments: Vicinity Map, Aerial Photo with zoning information Site Plan Floor Plans Resolution 1726 Letter from the applicant Preliminary Exemption Assessment . Amendment to Resolution 1726 . May 23, 2006 Page.4 100 0 ~- ~ 3 E Duarte Rd D Arcadia o Zone 1lfts Development SeNices Depattment Engineettng Division Ptopa1ed by: R.s.Gonza/sz, Aprl/2005 ~ N -~..-.' 100 200 Fett 3 E Duarte Road CUP 2005-05 ~ N 100 0 100 Feet , , (820) (15) (19) . (25) (27) (31) (33) LUCILE ST ~ (30) (34) (909) ~ ~ (900) (921) ~ ~ ~ (33) ~ ~ (25) (3) (15) (1) (32) (19) (11) (28j (22) (26) (34) DUARTE RD (18) (26-112) (30) (18) (24) ~ (20) (20) (1000) ~ ~ ~ ~ ~ ~ ~ (23) 1ts 3 East Duarte Road Oeve/opmentSerVices-Oepartment CUP 2005-05 Engineering Division A1Ip8nJdby: RS,_< AprlI, 2005 /' / I I , \ \ , '- ~ " ~ "" ~ ;;' ~l ~ '" II II . PROJECT DESCRIPTION U!E ~nRJOl&wae:,"1oOlJ1'Y -... ....... """""'''' 5-3.&8 - ",..- M'E~C0N5l'RlJCOON '.0 SfIEARt\. 21S15F ICll'O 8IJ;lDH;iFOOT~1'211'1l'.F 005 ~AAe"'~ISaF21" PAll'mAl'€A lUl'IlS.F cmo umRXlRW4OSCN'E~ mb5..F. 9'.,,"OFO','IllGfl'OTIIl~~1"3 PARlO'G SfltANQMO. 1 H(: 5,50' - lEGAL DESCRIPTION: tI'lA_Cf'-OIOI:lO'S;1.._N<<)EXOF8fLOl~ Blil<X3.PAGEGRIOW.D5 7 ROAD 'NIClEWNG DmCAlJON ..........,....". ... IOOH1 T\$lHONLTSlGN " '" 8 \'l - JOBAOORESS: 3EOUARTER) ~CA!l1OOll "" I ! I I T "" I I \_ L---~""""""""",, I I / - \ TRASH ENCLOSURE DETAILS t; o 15.00 ! 8 .. - - OWNERS INFO.. 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