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HomeMy WebLinkAbout1835RESOLUTION NO. 1835 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING APPROVAL OF TEXT AMENDMENT NO. TA 10 -04 AND APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -17 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -19 FOR THE CONVERSION OF AN EXISTING AUTOMOBILE SERVICE STATION INTO AN AUTOMOBILE FUELING STATION WITH A CONVENIENCE STORE AND AN AUTOMATED SELF - SERVICE CAR WASH AT 701 WEST HUNTINGTON DRIVE, PENDING THE CITY COUNCIL'S AFFIRMATION, AND THE APPROVAL AND EFFECTUATION OF AN ORDINANCE TO AMEND SECTIONS 9275.1.39.3 AND 9275.1.39.3.1 OF THE ARCADIA MUNICIPAL CODE TO ALLOW AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASHES AT COMMERCIAL - OFFICE (C -O) ZONED PROPERTIES, SUBJECT TO AN APPROVED CONDITIONAL USE PERMIT. WHEREAS, on November 23, 2010, three applications were filed by Joseph Karaki of Western States Engineering Inc. on behalf of the property owner, Hamid Kianipur for the conversion of an existing automobile service station into an automobile fueling station with a convenience store and an automated self - service car wash at 701 W. Huntington Drive, Development Services Department Cases Text Amendment No. TA 10 -04, Conditional Use Permit No. CUP 10 -17, and Architectural Design Review No. ADR 10 -19; and WHEREAS, the Conditional Use Permit and Architectural Design Review would not be applicable without the effectuation of an ordinance to implement the text amendment, which is subject to City Council consideration and approval, but the Conditional Use Permit and Architectural Design Review are nevertheless being processed in conjunction with the text amendment so as not to separate the three applications, which are proposed by a particular applicant on behalf of a particular property owner for a particular piece of property, 701 West Huntington Drive; and WHEREAS, the Planning Commission action on a text amendment is advisory to the City Council, and normally would be definitive subject to appeal on a Conditional Use Permit and Architectural Design Review; in this situation, the Planning Commission's action on the Conditional Use Permit and Architectural Design Review by virtue of being dependent on the text amendment are essentially advisory and the Conditional Use Permit and Architectural Design Review are subject to consideration and a determination by the City Council; and WHEREAS, a public hearing was held by the Planning Commission on April 12, 2011, 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 staff report dated April 12, 2011 are 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. The proposed fueling station is consistent with the existing General Plan Land Use Designation of the subject property and will not conflict with the existing uses at or around the subject site. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The text amendment, if approved, would authorize an automobile fueling station and an automated self - service car wash with an -2- 1835 approved Conditional Use Permit in any C -O or Tess restrictive commercial or industrial zone. 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. The subject proposal is designed to avoid impacts to surrounding uses, will improve traffic flow, provides a surplus of on -site parking, and enhances the landscaping of the site. 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. The subject site is bordered by arterials that accommodate high volumes of traffic. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. An automobile fueling station is a use that is consistent with the Commercial Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants approval of Conditional Use Permit Application No. CUP 10 -17 and Architectural Design Review No. ADR 10 -19 for the proposed fueling station and car wash at 701 W. Huntington Drive, subject to approve by the City Council and the effectiveness of Text Amendment No. TA 10 -04, and recommends City Council approval of Text Amendment No. TA 10- 04 to allow automobile fueling stations and automated self - service car washes at Commercial -Office (C -O) zoned properties with a Conditional Use Permit, subject to the following conditions of approval: -3- 1835 1. The use approved by CUP 10 -17 and ADR 10 -19 is limited to the proposed automobile fueling station and automated self - service car wash. The automobile fueling station and automated self - service car wash shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -17 and ADR 10 -19. 2. All regulations for automobile fueling stations pursuant to Arcadia Municipal Code Section 9275.4 shall be complied with unless determined otherwise under CUP 10 -17 and ADR 10 -19. 3. Signs attached to the gasoline pumps, pump island canopy supports, light standards, and /or bollards, which advertise specific products or services shall not be permitted. 4. All outside lighting shall be arranged and shielded to prevent any glare or reflection and any nuisance, inconvenience and hazardous interference of any kind on adjoining streets or properties to the satisfaction of the Development Services Director. 5. All on -site parking stalls shall be double- striped in accordance with Arcadia Municipal Code Section 9269.8.1. 6. The existing monument sign shall be removed and replaced with a monument sign limited to a maximum height of 8' -0" located at least a minimum of 25'- 0" from the intersection, as shown on the submitted plans or as determined by the City Engineer. The design of the subject monument sign, along with the other proposed signs, shall be subject to separate sign architectural design review processes. 7. A landscape and irrigation plan shall be submitted for review and approval by the Community Development Administrator or designee prior to the issuance of a -4- 1835 building permit, and shall include dense shrubbery along all property lines that are adjacent to residentially -zoned properties. 8. The project shall comply with the following Fire Department requirements, subject to the approval of the Fire Marshal: a. Installation of an automatic fire sprinkler system per the City of Arcadia Fire Department Commercial Sprinkler Standard. b. Sprinkler systems that serve 20 sprinkler heads or more shall be fully monitored. c. Provision of a Knox box with keys for access to restricted areas. d. The building address number shall be posted on the south facing wall of the convenience store. The number shall be at least six inches (6 ") tall and of a color that contrasts with the color of the wall on which it is affixed. 9. The project shall comply with the following Engineering Services requirement: The sidewalk along the length of the Baldwin Avenue property line shall be replaced per City standards and to the satisfaction of the City Engineer. 10. All City requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of the Building Official and the Fire Marshal. 11. Approval of CUP 10 -17 and ADR 10 -19 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. -5- 1835 12. All conditions of approval shall be complied with prior to opening of the automobile fueling station and automated self - service car wash. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -17 and ADR 10 -19 shall be grounds for immediate suspension or revocation of any approvals, which could result in a delay of the Certificate of Occupancy or the closing of the automobile fueling station and automated self - service car wash. 13. 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] -6- 1835 ATTEST: Ci Secr ary Passed, approved and adopted this 26 day of April, 2011. APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Ket5aL -- ( Chairmarj'Planning Commission