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HomeMy WebLinkAbout1726 " RESOLUTION NO. 1726 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2Q05-05 AND ARCHITECTURAL DESIGN REVIEW NO. 2004-022 FOR AN AUTOMOBILE SERVICE STATION WITH LUBRICATION SERVICE AT 3 E. DUARTE ROAD . WHEREAS, on February 25, 2005, a conditional use permit application was filed by Alex Gurski, project coordinator, to construct and operate an automobile service station, engaging in the sale of motor fuels with automobile lubrication service and a 210sq.ft. convenience store (Development Services Department Case No. CUP 2005-05 and ADR 2004- . 022) at property commonly known as 3 E. Duarte Road; and WHEREAS, a public hearing was held on April 12,2005, 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 $e attached report is true and correct. SECTION 2. This Commission fmds: . . . . 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 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 will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no 2 1726 evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon'w.hich the wildlife depends. SECTION 3, That for the foregomg reasons this Commission grants Conditional Use Permit No. CUP 2005-05, for an automobile service station with at 3 E. Duarte Road, upon the following conditions: 1. The use approved by CUP 2005-05 and ADR 2004-022 is limited to the automobile service station. The service station shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2005-05 and ADR 2004-022. 2. All regulations on automobile service stations pursuant to Arcadia Municipal Code Section 9275.4 shall be complied with unless determined otherwise under' CUP 2005-05 and ADR 2004-022. 3. A minimum of two (2) 36" box specimen trees shall be planted in the planter on the easterly portion of the property to screen the service bays, subject to the revieW and approval of the Community Development Administrator. 4. Switch the location between the trash enclosure and the parking spaces by the northwesterly comer of the property, subject to the review and approval of the Community Development Administrator. . . 3 . 1;'26 . . . 5. The monument sign shall be lowered to a maximum height of 8' - 0". 6. The wall sign on the northwest elevation shall be removed or relocated, location subject to the review and approval of the Community Development Administrator. 7. The hours of operation shall be limited to Monday though Friday, 7:30 a.m. to 7:00 p.m., Saturday, 7:30 a.m. to 6:00 p.m., Sunday, 8:00 a.m. to 5:00 p.m. in the Summer (May 1st through Oct. 31st). And Monday through Saturday, 7:30 a.m. to 6:00 p.m., Sunday, 8:00 a.m. to 5:00 p.m. in the Winter (Nov. 1st through April 30th). 8. The maximum number of employees at anyone time cannot exceed five (5). 9. All conditions of approval shall be complied with prior to opening of the automobile service station. Noncompliance with the plans, provisions and conditions of approval for CUP 2005-05 and ADR 2004-022 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the service station. lO.All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department. 4 1726 " 11.Approvalof CUP 2005-05 and ADR 2004-022 shan not take effect until the property owner(s), and applicants have executed and filed the Acceptance F.orm available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 12. 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 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 promptIynotify 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, t6 choose its own attorney to represent the City, its officers, employees, and agents fu the defense of the matter. 5 1726 . . . 13.That a ''Right-turn only" sign shall be posted by each of the . proposed driveways, subject to the review and approval of the Community Development Administrator. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of April 12, 2005, by the following votes: AYES: Commissioners Baderian, Lucas, Olson, Wen NOES: Commissioner Hsu 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 April 26,2005, by the following votes: A YES: Commissioners Baderian, Hsu, Lucas, Olson, Wen NOES: None Chairman, Planning City of Arcadia --- /~ . Secretary, Planning Commission City of Arcadia 6 1726 APPROVED AS TO FORM: ~P.~. Stephen P. Deitsch, City Attorney . . 7 . 1726 . . . URBAN SOWTIONS Ine. .---- -_........._m-<1r'u_Ln E""--'-'" _'""""I Real E,laft Dwe/opm'nl ConsullaJllS 1049 Camino Del Mor, Suits 11 Dol Mor, CA 92014 April 7, 2006 Thomas Li Associate Planner Development Services Department City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Subject: Request for. Amendment to Conditional Use Permit No. CUP 2005-05 3 E. Duarte Road Dear Mr. Li: Please accept this letter as a request for an amendment to Condition No.7 of Conditional Use Permit No. CUP 2005-05, regarding the hours of operation for this project. In addition to this letter you will find the following; . Project Justification; . Exhibit "A", Service Station Hours of Operation in the City of Arcadia; . Public Notice Package; The following'is the existing'condition and the proposed amended condition concerning the hours of operation. Existing Condition: 7. The hours of operation shall be limited to Monday through Friday, 7:30 a.m. to 7:00 p.m.. Saturday 7:30 a.m, to 6:00 p.m., Sunday, 8:00 a.m to 5:00p.m. in the Summer (May]" through October. 3]"). AndMonday through Saturday, 7:30 a.m. to 6:00 p.m., Sunday, 8:00 a.m. to 5:00 p.m. in the Winter (Nov. 1" through April 3(jh). Proposed Amended Condition: 7. The hours of operation for the automobile service bays shall be limited to Monday through Friday, 7:30 a.m. to 7:00 p.m., 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 the cashier available shall be 24 hours per day, 7 days per week. Phone: 858.350.6255 Fa,,: 858.350.6250 www.urbansolutions.inlo Page20f2 . I have attached II project justification describing why we feel that the request for the amendment is both reasonable and justified. In addition, Exhibit "A" is:an informal survey we did of some of the existing,gas stations in the City of Arcadia and what hours of operation they adhere to. Thank you ahead of time for your time and consideration. Should you have-any questions or comments, please feel free to call me at 858-350-6251. I can also be reached by email at nancvpIWurbansolutions.info. ~N;~ ~'h0 Nancy Patterson CC: Mike Dobson, EZ LUBE Ed Reynolds, EZ LUBE )3ill Wilson, World Oil WaIter Jones, EZ LUBE Deborah Kerr, ,KPS . . . . . Exhibit "A" SERVICE STATION HOURS OF OPERATION ARCADIA, CALIFORNIA AReo 1000 S. SANTA ANITA AVENUE 625 W. LAS TUNAS DRIVE MOBIL 679 W. DUARTE ROAD CHEVRON 102 E HUNTINGTON DRIVE SOON. SANTA ANITA AVE. II E. LIVE OAK ROAD 7-ELEVEN 200 E. LIVE OAK AT 2ND AVENUE PIT STOP 4126E. LIVE OAK AVENUE UNION OIL 4,w. FOOTHILL 102 E. DUARTE ROAD 5:00 AM TO 12:00 PM 24 HOURS 24 HOURS 24 HOURS 24 HOURS 24 HOURS 24 HOURS NO GAS 5:00 AM TO 11:00 PM 8:00 AM TO 5:00 PM 6:00 AM TO 9:00 PM Request for Amendment to Conditional Use Pennit No. CUP 2005-05 3 E. Duarte Road Page 1 of! April 7,2006 Request for Amendment to Conditional Use Permit No. CUP 2005"05 3 E. Duarte Road Page I ofl April 7, 2006 . Project Justification: The following are some of the reasons we feel that the request for the, amendment to the hours' of operation are justified. . Given commute times, daily work coinmuters need to leave well before the 7:30 a.m. opening currently allowed under the CUP. Many commuters could reasonably be expected to leave between 5:00 and 6:00 a.m. to beat the traffic to their jobs in Los Angeles or Orange County. . Convenience is often cited in World Oil's customer research as the #1 or #2 (behind price) reason why people choose a gas station. Convenience usually, if they can't offer convenient hours, the business is materially impacted. . Competition - World Oil.is going to offer a,neededgasoline price competition in the area, but they need to be able to have competitive hours of operation in order to be able to effectively compete; . EZ LUBE requests a modest adjustment to the hours of operation for consistency with their customers and employees. . . PRELIMINARY EXEMPTION ASSESSMENT . (Certificate of Determination when attached to Notice of Exemption) 1. Name or description of project: Amend CUP 2005-05 2. Location: 3 E. Duarte Road 3. Entity or person undertaking project: A. X B. Other (Private) (1) Name: Nancv Patterson (consultant for EZ Lube) (2) Address: 1049 Camino Del Mar, Suite 11 Del Mar. CA 92014 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 Implementing the Califomia Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: . a. b. c. d. e. f. g. h. The proposed action does not constitute a project under CEQA. The project is a Ministerial Project. The project is an Emergency Project. The project constitutes a feasibility or planning study. ~ The project is categorically exempt. Applicable Exemption Class: 01 The project is statutorily exempt. Applicable Exemption: The project is otherwise exempt on the following basis: The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: April 21. 2006 Thomas P. Li Staff . 7/02