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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) Iwwww/ (5537) (5600) (5531) C (5525) (5550) (5517) Q (5511) ~C3 (5501) / NG,QO (5461) M-1 °Z1 '9hte 5449 Peck Road CUP 09-12 Vj f, ~!}~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 SCALE 1" = 200' B CLARK - - - - --a- - - - ~ N 15_~m~ mN, iutAe:. 6.10 HEUSz83• I rye ~e ~ N g A VIM" _ - L . s s4° jy,t F i 1.2 ? o ~e t t j im ero• I J3 r u s oz a ab ®N AN 29 y 7 Y + 1 It RIO HONDO t FROM ell- (WED) JUN 10 200110'"' 35/3T.1127/No.5851262814 P 1 JUN 0 8 16 ~ ~ lrlr~r ~ ~x rya Oft- 00041, 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) low 1"*, ~.taro+WG 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