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HomeMy WebLinkAbout1725 . e I RESOLUTION NO. 1725 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 05- 04 TO OPERATE A RENTAL CAR AGENCY UTILIZING A MAXIMUM NUMBER OF 14 PARKING SPACES AT 120 LAS TUNAS DRIVE. WHEREAS, on February 7, 2005, a conditional use permit application was filed by Enterprise Rent A Car to establish a rental car agency (Development Services Department Case No. C.U.P. 05-04) at property commonly known as 120 Las Tunas Drive; and WHEREAS, a public hearing was held on March 22, 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 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 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 disdose 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 induding the shared parking with the neighboring business, are . e I 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 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 Conditional Use Permit No. CUP 05-04, to operate a rental car agency utilizing a maximum number of 14 parking spaces, upon the following conditions: 1. The use approved by CUP 05-04 is limited to a rental car agency that shall not utilize more than 14 onsite parking spaces. There shall be one parking space available for each employee and for each vehicle that is being stored at anyone time. For example, no more than 10 cars shall be "stored" and no more than four employees shall be onsite at anyone time. If the applicant has 8 employees working at one time, no more than 6 cars shall be stored at that time. Any expansion upon the use approved shall require approval of a separate conditional use permit. 2. That the. applicant shall upgrade the existing parking lot by resurfacing, re-striping, and re-Iandscaping. The applicant shall install a 5-foot wide landscape 2 1725 . e I buffer between the street side northerly property line and the parking lot This work shall be completed to the satisfaction of the Community Development Administrator or hislher designee before occupancy of the subject unit andfor prior to issuance of a business license. 3. A separate sign design review application shall be submitted for all new signs on the premises. 4. 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 conceming this project andfor 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 Govemment 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 conceming the project andfor 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 attomey to represent the City, its offlCElrs, employees, and agents in the defense of the matter. 5. Approval of CUP 05-04 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 3 1725 , e I SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of March 22, 2005, and the following votes: AYES: NOES: SECTION 5. Commissioner Hsu, Lucas. Olson, Wen, Baderian None The Secretary shall certify to the adoption of this ReSCllution 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 2200 day of March 2005, by the following votes: AYES: NOES: Commissioner Hsu, Lucas, Olson, Wen, Baderian None Secretary, PIa ning Commission City of Arcadia APPROVED AS TO FORM: ' ~e~~ ~ City Attomey ~ City of Arcadia 4 1725 STAFF REPORT Development Services Department March 22, 2005 TO: FROM: Arcadia City Planning Commission Donna L. Butler, Community Development Administrator By: Joseph M. Lambert, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 05-04 to allow a rental car agency (Enterprise Rent A Car) at 120 Las Tunas Drive. SUMMARY e This Conditional Use Permit application was submitted by Enterprise Rent A Car to allow a rental car agency using a maximum number of 14 onsite parking spaces within an existing commercial building at 120 Las Tunas Drive. The Development Services Department is recommending approval of this application subject to the conditions of approval listed in this report, and adoption of Resolution No. 1725. GENERAL INFORMATION APPLICANT: Andrew Mesdjian of Enterprise Rent A Car LOCATION: 120 Las Tunas Drive REQUEST: A Conditional Use Permit to allow a rental car agency at 120 Las Tunas Drive. SITE AREA: 42,751 square feet (.98 acres) FRONTAGES: Approximately 100 feet on Las Tunas Drive Approximately 101 feet on Live Oak Avenue I CUP 05-04 March 22, 2005 Page 1 . e I EXISTING LAND USE & ZONING: This subject property is a through lot located between Las Tunas Drive and Live Oak Avenue, and includes three existing business: Cenco auto body, Pet & Jungle Pet Store, and the vacant 1,065 square foot unit. The subject property is zoned CoM. SURROUNDING LAND USES & ZONING: North: Single-Family Residence; zoned CoO South: Commercial; within Temple City East: Commercial; zoned C"M West: Auto Body and Commercial; zoned CoM GENERAL PLAN DESIGNATION: Commercial BACKGROUND Although the project site is a through lot, it functions as two separate projects. The southerly portion of the property fronts Live Oak Avenue and is occupied by Cenco Auto Body. The parking for Cenco is separate from the rest of the property. The northerly portion of the property fronting Las Tunas Drive is improved with a 4,445 square foot commercial building, of which 3,380 square feet is occupied by Pet & Jungle and the subject (1,065 square feet) unit. PROPOSAL The proposed rental agency would occupy the 1,065 square foot unit that was most recently occupied by a tattoo parlor. The rental car agency is a local satellite office, and these locations typically serve local residents, repair shops, and businesses. There are similar Enterprise local rental agencies in Duarte, EI Monte, and Pasadena. Unlike typical large rental car facilities, there are usually no more than five rental vehicles parked onsite at a given time. Section 9275.1.39.1 states that "Automobile Storage" is a conditionally permitted use in the CoM zone. Although the proposed use is primarily an office use, the "storing" of cars for rental purposes requires a conditional use permit. There are typically four employees onsite, one of which actively delivers rental vehicles to customers. The proposed hours of operation are Monday through Friday 7:30 a.m. to 6:00 p.m., Saturday 9:00 a.m. to 12:00 p.m., and closed on Sunday. CUP 05-04 March 22, 2005 Page 2 . ParkinQ There are 31 parking spaces for the pet store and proposed rental car agency. Pursuant to code requirements, 17 spaces are required for the pet store. Although 14 spaces remain for the subject unit, only 6 spaces are required by code using the parking ratio of 5 spaces/1,OOO square feet of floor area for "other permitted uses." There is a parking surplus of 8 spaces on the project site. Based on the parking situation, staff recommends that the proposed use shall utilize no more than 14 total parking spaces to comply with parking requirements. Therefore, no more than 14 parking spaces shall be occupied by either employees or rental cars at anyone time. Based on the applicant's statement that a maximum of fOLlr employees will be working at anyone time, 10 parking spaces will potentially be available for rental car parking (storage). e Essentially, there shall be one parking space available for each employee and for each vehicle that is being stored at anyone time. For example, no more than 10 cars shall be "stored" and no more than four employe.es shall be onsite at anyone time. If the applicant has 8 employees working at one time, no more than 6 cars shall be stored at that time. Staff has proposed a condition of approval to this effect. It should be noted that the applicant has stated that typically no more than five rental cars are stored at one time, but the limitation of allowing 14 total cars (including employee cars) will provide some flexibility. Staff has suggested that the applicant significantly upgrade the existing parking lot by resurfacing, re-striping, and re-Iandscaping. Also, staff suggests the addition of a 5-foot landscape buffer between the northerly property line and the parking lot. After these improvements are made, the 31 parking spaces can still be accommodated. Staff has proposed a condition of approval for the parking lot improvements. ANALYSIS The subject property has adequate parking, which will be upgraded as part of this approval. With the conditions as proposed by staff, the proposed use is appropriate for the project site. Other Code Reouirements The applicant is required to comply with all development requirements and policies determined to be necessary by the Building Official, Fire Chief, Community Development Administrator, and the Police Department. I CUP 05-04 March 22.2005 Page 3 . e I CEQA Pursuant to the provIsions of the Califomia Environmental Quality Act, the Development Services Department prepared an Initial Study for the proposed project. Said Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared for this project. 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 conditions 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 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, 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 of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 05-04, subject to the following conditions: 1. The use approved by CUP 05-04 is limited to a rental car agency that shall not utilize more than 14 onsite parking spaces. There shall be one parking space available for each employee and for each vehicle that is being stored at any one time. For example, no more than 10 cars shall be "stored" and no more than four employees shall be onsite at anyone time. If the applicant has 8 employees working at one time, no more than 6 cars shall be stored at that CUP 05-04 March 22, 2005 Page 4 . e I time. Any expansion upon the use approved shall require approval of a separate condjtional use permit. 2. That the applicant shall upgrade the existing parking lot by resurfacing, re- striping, and re-Iandscaping. The applicant shall install a 5-foot wide landscape buffer between the street side northerly property line and the parking lot. This work shall be completed to the satisfaction of the Community Development Administrator or hislher designee before occupancy of the subject unit andlor prior to issuance of a business license. 3. A separate sign design review application shall be submitted for all new signs on the premises. 4. 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 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. 5. Approval of CUP 05-04 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval The Planning Commission should move to adopt the Negative Declaration, approve Conditional Use Permit Application No. 05.04 and adopt Resolution No. 1725 approving a rental car agency utilizing a maximum number of 14 parking spaces at 120 Las Tunas Drive. CUP 05-04 March 22, 2005 Page 5 . 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 March 22ntl public hearing, please contact Planning Services at (626) 574-5423. e Attachments: Resolution 1725 Aerial Photo & Zoning Map Land Use Map Photographs Site Plan and Applicant's Statement Negative Declaration & Initial Study Environmental Information I CUP 05-04 March 22, 2005 Page 6