HomeMy WebLinkAbout1796RESOLUTION NO. 1796
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE
PERMIT NO. CUP 09-12 FOR A VEHICLE RECOVERY AND
STORAGE BUSINESS COMPRISED OF A 20,301 SQUARE-FOOT
AUTOMOBILE STORAGE WAREHOUSE AND A 16,100 SQUARE-
FOOT GATED OUTDOOR AUTOMOBILE STORAGE YARD AT 5449
PECK ROAD.
WHEREAS, on June 8, 2009, a Conditional Use Permit application was filed by
Charles V. Palazzolo (dba C.A.R.S.) for a vehicle recovery and storage business
comprised of a 20,301 square-foot automobile storage warehouse and a 16,100 square-
foot gated outdoor automobile storage yard; Development Services Department Case No.
CUP 09-12, at property commonly known as 5449 Peck Road; and
WHEREAS, a public hearing was held by the Planning Commission on June 23,
2009, 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 I. That the factual data provided by the Development Services
Department in the staff report dated June 23, 2009 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of Conditional Use Permit No. CUP 09-12 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 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 are adequate 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 Conditional Use Permit No. CUP 09-12 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, 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, and because the project is a minor alteration of an
existing facility, it is exempt from the California Environmental Quality Act (CEQA) as a
Class 1 Categorical Exemption per Section No. 15301 of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission grants Conditional
Use Permit No. CUP 09-12 for a vehicle recovery and storage business comprised of a
20,301 square-foot automobile storage warehouse and a 16,100 square-foot gated outdoor
automobile storage yard, subject to the following conditions:
1. The front parking lot, which is in a state of disrepair, shall be resurfaced and
restriped to current parking standards.
2. In addition to the front parking lot, ten employee parking spaces shall be
provided in the gated yard area.
2 1796
3. Any external alterations, including new fencing and gates, shall be subject to
design review approval by the Community Development Administrator or
designee.
4. The use approved by CUP 09-12 is limited to the vehicle recovery and storage
business, which shall be operated and maintained in a manner that is consistent
with the proposal and plans submitted and approved for CUP 09-12.
5. A Parking Modification for 22 spaces in lieu of 73 spaces is granted for this
vehicle recovery and storage business. This Parking Modification does not
constitute an approval for a general reduction of the parking requirements for the
subject property, but rather only for the vehicle recovery and storage business that
is herein conditionally approved. Uses other than this vehicle recovery and
storage business may be subject to a new Conditional Use Permit and/or Parking
Modification.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 09-
12 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
7. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking and site design shall be complied with to the satisfaction
of the Building Official, Community Development Administrator, Fire Marshal,
and Public Works Services Director.
8. 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
3 1796
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.
9. Approval of CUP 09-12 shall not take effect until the property owner(s) and
applicant have executed and filed an Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 14th day of July, 2009.
F
Chairman, 'PId ing Commission
ATTEST:
S etary, Planning Commission
APPROVED AS TO FORM:
S
1
Stephen P. Deitsch, City Attorney
4 1796
to<nrOnr reA.
An"ur, S, 1903
"1l,cy of"*o STAFF REPORT
Development Services Department
June 23, 2009
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 09-12 to operate an auto
storage warehouse and yard on a 48,000 lot that is zoned M-1,
Planned Industrial District.
SUMMARY
Mr. Charles V. Palazzolo, owner of Complete Automotive Recovery Service
(C.A.R.S.), submitted Conditional Use Permit Application No. CUP 09-12 to operate
an auto storage warehouse and yard on a 48,000 square-foot lot zoned for industrial
uses at 5449 Peck Road. The Development Services Department is recommending
approval of the proposed auto storage warehouse and yard subject to the conditions
listed in this staff report.
GENERAL INFORMATION
APPLICANT: Mr. Charles V. Palazzolo, owner of C.A.R.S.
LOCATION: 5449 Peck Road
REQUEST: A Conditional Use Permit to operate an auto storage warehouse and
yard on a 48,000 square-foot lot zoned for industrial uses. Office
hours would be 9:00 a.m. to 5:00 p.m., weekdays, with automobile
drop-off and pick-up happening 24 hours a day, seven days a week.
SITE AREA: 48,000 square feet (1.10 acres)
FRONTAGE: 160 feet along Peck Road
EXISTING LAND USE & ZONING:
The site is developed with a 20,301 square-foot warehouse with
approximately 4,000 square feet of incidental office space. The
property is zoned M-1, Planned Industrial District.
Alft, low-,
SURROUNDING LAND USES & ZONING:
North: One-story industrial warehouse- zoned M-1
South: One-story industrial warehouse- zoned M-1
East: Two-story offices- zoned M-1
West: Flood control
GENERAL PLAN DESIGNATION:
Industrial
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 09-12 were
mailed on June 12, 2009 to the property owners, tenants and occupants of those
properties that are within 300 feet of the subject property (see the attached radius
map). Because Staff considers the proposed project exempt from the requirements of
the California Environmental Quality Act (CEQA) the public hearing notice was not
published in the Arcadia Weekly newspaper.
BACKGROUND INFORMATION
The subject property is developed with a 20,301 square-foot warehouse and an
approximately 16,100 square-foot gated outdoor paved storage yard/parking area.
The warehouse was built in 1961, and contains incidental offices totaling 4,000
square-feet. The property has been owned and occupied by Tomax Fabricating, a
metal fabrication company, since 1980. The owner of Tomax Fabricating, Mr.
Thomas King, is now offering the property for sale.
On October 9, 2001, the Planning Commission voted 4-0 with one Commissioner
absent, to approve CUP 01-025 to allow an unmanned wireless communications
facility with a 42-foot high monopole at the southwesterly corner of the property.
PROPOSAL AND ANALYSIS
The applicant is proposing to purchase the property at 5449 Peck Road and operate
an automotive recovery and storage business. Auto storage is permissible in the M-1
zone with an approved Conditional Use Permit. The warehouse and yard are to be
used for the temporary storage of repossessed vehicles. The outdoor yard would be
utilized for overflow storage when necessary. Automobiles and other repossessed
vehicles would be stored on-site for approximately 15-30 days before being
transferred to separate locations for reconditioning and resale. While stored at 5449
Peck Road, no maintenance, repair work, or sales of these vehicles would occur.
The proposed office hours of the business are 9:00 a.m. to 5:00 p.m. Monday-Friday.
Drop-off and pick-up of repossessed vehicles would be a 24-hour operation. This
CUP 09-12
5449 Peck Road
June 23, 2009
Page 2
business will employ 15-20 people, half of which would work primarily off-site
collecting and transporting vehicles.
The applicant is proposing to convert a small section of the warehouse to additional
office space, which would result in a total office area of approximately 5,000 square
feet. A new front fence and gate, and rear fence are also proposed, which are
subject to design review approval.
Parking
By code, a warehouse is required to provide two (2) parking spaces per 1,000
square-feet of gross floor area. An outdoor storage yard should also have parking
provided at the same rate. Provided that the incidental office space does not exceed
25% of the warehouse area, no additional parking is required for the office space.
Based on these regulations, a total of 73 parking spaces are required for the
proposed vehicle recovery and storage business.
There are thirteen (13) on-site parking spaces in the front parking lot. Within the
gated yard area there are an additional 20 parking spaces, however some or all of
these spaces are proposed to be utilized for vehicle storage, and therefore cannot be
counted as on-site parking.
It is staff's opinion that there is a potentially significant parking shortage unless some
of the gated yard area is made available for employee parking. The proposed
business plan indicates that up to 20 employees will be working at any given time at
this location, and therefore 20 on-site parking spaces may be necessary for the
employees and there should be some parking available for visitors. Additionally, one
(1) van-accessible handicap parking space is required, which may eliminate an
additional regular parking space. To address this deficiency, staff is recommending
a condition of approval that ten (10) employee parking spaces be provided within the
gated yard area.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking and site design are required to be complied with to the
satisfaction of the Building Official, Community Development Administrator, Fire
Marshal, and Public Works Services Director.
CEQA
Proposed projects that are not approved, are by virtue of being denied, exempt from
any further environmental assessment. If approved, however, and if it is determined
that the project involves negligible or no expansion of the existing use, then this
project is categorically exempt from further environmental review pursuant to the
provisions of the California Environmental Quality Act, Section 15301, existing
CUP 09-12
5449 Peck Road
June 23, 2009
Page 3
/lk
AOO
facilities involving negligible or no expansion of an existing use. A Preliminary
Exemption Assessment has been prepared and is attached to this staff report.
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.
It is staff's opinion that conditional approval of the proposed vehicle storage
warehouse and yard can satisfy each prerequisite condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 09-12, subject to the following conditions:
1. The front parking lot, which is in a state of disrepair, shall be resurfaced and
restriped to current parking standards.
2. In addition to the front parking lot, ten employee parking spaces should be
provided in the gated yard area.
3. Any external alterations, including new fencing and gates, shall be subject to
design review approval by the Community Development Administrator or
designee.
4. The use approved by CUP 09-12 is limited to the proposed vehicle recovery
and storage business, which shall be operated and maintained in a manner
CUP 09-12
5449 Peck Road
June 23, 2009
Page 4
that is consistent with the proposal and plans submitted and approved for
CUP 09-12.
5. A Parking Modification for 22 spaces in lieu of 73 spaces is granted for this
vehicle recovery and storage business. This Parking Modification does not
constitute an approval for a general reduction of the parking requirements for
the subject property, but rather only for the vehicle recovery and storage
business that is herein conditionally approved. Uses other than this vehicle
recovery and storage business may be subject to a new Conditional Use
Permit and/or Parking Modification.
6. Noncompliance with the plans, provisions and conditions of approval for CUP
09-12 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the business.
7. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the
satisfaction of the Building Official, Community Development Administrator,
Fire Marshal, and Public Works Services Director.
8. 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.
9. Approval of CUP 09-12 shall not take effect until the property owner(s) and
applicant have executed and filed an Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should
move to approve Conditional Use Permit No. CUP 09-12, state the supporting
findings and environmental determination, and direct staff to prepare a resolution
CUP 09-12
5449 Peck Road
June 23, 2009
Page 5
incorporating the Commission's decision, specific determinations and findings, and
the conditions of approval.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
move to deny Conditional Use Permit Application No. CUP 09-12 state the finding(s)
that the proposal does not satisfy with reasons based on the record, and direct staff
to prepare a 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 June 23rd public hearing, please contact
Assistant Planner, Tim Schwehr at (626) 574-5422.
Approved by:
Kasama
Community Development Administrator
Attachments: Aerial Photo & Vicinity Map with Zoning Information
300-foot Radius Map
Site Plan
Photos
Preliminary Exemption Assessment
CUP 09-12
5449 Peck Road
June 23, 2009
Page 6
Development Services Department
Engineering Division
Prepared by R.S. Gonzalez, June 2009
Ow" A00%,
5449 Peck Road
CUP 09-12
Aow~ /"4
A
N
Igo 0 100 200 Feet
UNZONED
(5401)
Development Services Department
Engineering Division
Prepared by: R.S.GMZWez, June 2009
M-1
M-1
(5435)
(5417)
1)
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(5537) (5600)
(5531) C
(5525) (5550)
(5517) Q
(5511) ~C3
(5501)
/ NG,QO
(5461)
M-1
°Z1 '9hte
5449 Peck Road
CUP 09-12
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~!}~Ye SUE MORENO
•X~ (626) 350-5944
OWNERSHIP I OCCUPANTS LIST
RADIUS MAPS • LAND USE • PLANS
MUNICIPAL COMPLIANCE CONSULTING
L121O.6AMBERT AVE.EL MONTE, CA 91732 •FAX(626)35a1532
40MI'lPROJECT INFORMATION
5449 N. PECK RD.
ARCADIA, CA.
09-113
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Front Elevation
(5449 Peck Road)
Front Elevation
(5449 Peck Road)
OO^ 10% ,
Northerly Side Elevation
(5449 Peck Road)
Northerly Side Elevation with Gate
(5449 Peck Road)
Rear Elevation
(5449 Peck Road)
Southerly Side Elevation
(5449 Peck Road)
(Gate and parking are part of adjacent property)
1"e,
AOWI Front Parking Lot
(5449 Peck Road)
Front Parking Lot
(5449 Peck Road)
A40
Interior Parking Lot/ Overflow Storage Area
(5449 Peck Road)
Rear of subject property looking west
(5449 Peck Road)
Interior of Warehouse
Interior of Warehouse
A"" lomk~
Offices
Office-Warehouse connection
1'"1
Offices
Office Hallway
Adjacent Neighbor to the North
(5507 Peck Road)
Adjacent Neighbor to the South
(5435 Peck Road)
(5450 Peck Road)
Across from Subject Property
Across from subject property
(5460 Peck)
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PRELIMINARY EXEMPTION ASSESSMENT
`0~a,rye~e^m(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 09-12 to operate an auto storage warehouse and yard on a 48,000
square-foot industrially zoned lot .
2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7'/z' topographical map identified by quadrangle name):
5449 Peck Road (between McBean Drive and Goldring Road)
3. Entity or person undertaking project: ❑ A. City of Arcadia
® B. Other (Private)
(1) Name: Charles V. Palazzolo
(2) Address: 9350 Lower Azusa Road
Temple City CA 91780
(3) Phone: (626) 443-2277 ext. 811
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 California Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. ❑ The proposed action does not constitute a project under CEQA.
b. ❑ The project is a Ministerial Project.
C. ❑ The project is an Emergency Project.
d. ❑ The project constitutes a feasibility or planning study.
e. ® The project is categorically exempt. Applicable Exemption Class: 1
Section No.: 15301
f. ❑ 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 10, 2009 Staff: Tim Schwehr. Assistant Planner