HomeMy WebLinkAboutDecision Letter City of
Arcadia
Development
Services
Department
Jason Kruckeberg
Assistant City Manager/
Development Services
Director
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066-6021
(626) 574-5415
(626) 447-3309 Fax
www.ArcadiaCA.gov
September 21, 2017
Bruce Fung
850 S. Baldwin Avenue
Arcadia, CA 91007
Subject: Minor Use Permit No. MUP 17-02
Project Address: 850 S. Baldwin Avenue (dba: Arcadia Garden Cafe)
Dear Mr. Fung:
The public comment period for Minor Use Permit No. MUP 17-02 ended on
September 5, 2017. A public hearing was not requested, and no public
comments were received. The Development Services Department has
conditionally approved a Minor Use Permit for a 428 square foot incidental
outdoor dining area with 32 seats at 850 S. Baldwin Avenue (dba: Arcadia
Garden Cafe), subject to the conditions of approval listed below.
The incidental outdoor dining area is 428 square feet and provides 32 seats. The
existing restaurant has 155 indoor seats. No additional parking is required per
Code because the number of seats being provided is less than 25% of the
number of indoor seats, or 38 seats. The proposed hours of operation are 8:00
AM to 12:00 AM, seven days a week. As a part of this approval, the parking lot
layout shall be revised to be consistent with the plans submitted on May 11,
2017.
Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may
be approved if all of the following findings can be made:
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan.
2. That, subject to the granting of a Minor Use Permit, the use proposed
is allowed within the applicable zone and complies with all other
applicable provisions of the Development Code and Municipal Code.
3. That the design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land
uses in the vicinity.
4. That the site is physically suitable in terms of its design, location,
shape, size, and operating characteristics of the proposed use in
order to accommodate the use, and all fences, landscaping, loading,
parking spaces, walls, yards, and other features required to adjust the
use with the land and uses in the neighborhood; streets and highways
are adequate in width and pavement type to accommodate public and
emergency vehicle (e.g., fire and medical) access; public protection,
and provisions of utilities.
5. That the type, density, and intensity of use proposed will not adversely
affect the public convenience, health, interest, safety, or general
welfare, constitute a nuisance, or be materially injurious to the
improvements, persons, property, or uses in the vicinity and zone in
which the property is located.
MUP 17-02
850 S. Baldwin Avenue
Based on the information available, the proposed project, as conditioned, satisfies all the
required findings necessary to grant a Minor Use Permit (See Attachment 1).
The proposed project qualifies as a Class 1 Categorical Exemption for the use of existing
facilities and as a Class 1 Categorical Exemption for a the use of an existing facility from the
requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the
CEQA Guidelines.
Conditions of Approval
1. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional 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 officials, officers,
employees, and agents in the defense of the matter.
2. The approved hours of operation shall be limited from 8:00 AM to 12:00 AM
(midnight), seven days a week.
3. The railing around the perimeter of the outdoor dining area shall not exceed 36
inches in height, as measured from grade to the top of the railing.
There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal
Application form must be submitted to the Community Development Division along with a
$600.00 appeal fee by 5:30 p.m. on Monday, October 2, 2017.
Approval of Minor Use Permit No. MUP 17-02 shall not be of effect unless the property owner
and applicant have executed and filed the enclosed Acceptance Form to indicate awareness
and acceptance of these conditions of approval. The Acceptance Form is due now and if it is
not received by Monday, October 23, 2017, or if the project is appealed, this approval will
become null and void.
This approval shall expire in one year (October 3, 2018) from the effective date unless a
building permit is issued and the construction is diligently pursued, a certificate of occupancy
has been issued, or the approval is renewed.
An extension may be granted by the Development Services Director or designee, or the Review
Authority that approved the project for a maximum period of one (1) year from the initial
expiration date. An extension can only be granted if the required findings can be made. Please
note that acceptance of an extension request does not indicate approval of an extension.
A building permit must be obtained prior to any construction activity. Please contact Building
Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the
MUP 17-02
850 S. Baldwin Avenue
appropriate permit. This approval letter must be presented to Building Services to initiate the
permitting process.
You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter.
If you have any questions regarding the above approval, please contact me at (626) 821-4334
or by email at JChamberlin@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Jordan Chamberlin Lisa L. Flores
Associate Planner Planning/Community Development Administrator
c: Frances Mei Xi Chen of Capital Sun Investment, Property Owner
MUP 17-02
850 S. Baldwin Avenue
Attachment 1:
Required Findings for Approval of a Minor Use Permit Pursuant to
Development Code Section 9107.09.050
FINDING YES NO
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan.
☒
☐
2. That, subject to the granting of a Minor Use Permit, the use
proposed is allowed within the applicable zone and complies with all
other applicable provisions of the Development Code and Municipal
Code.
☒ ☐
3. That the design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land
uses in the vicinity.
As conditioned, the proposed use, incidental outdoor dining, is
compatible with the surrounding and adjacent commercial land uses.
The maximum number of seats and conditioned hours of operation
will ensure that the business will not become a nuisance to adjacent
existing or future land uses.
☒ ☐
4. That the site is physically suitable in terms of its design, location,
shape, size, and operating characteristics of the proposed use in
order to accommodate the use, and all fences, landscaping, loading,
parking spaces, walls, yards, and other features required to adjust the
use with the land and uses in the neighborhood; streets and highways
are adequate in width and pavement type to accommodate public and
emergency vehicle (e.g., fire and medical) access; public protection,
and provisions of utilities.
As a part of this approval, the parking lot layout will be revised to be
consistent with the plans submitted on May 11, 2017. The property
has 53 available parking spaces. A total of 47 parking are required for
the restaurant; no additional parking spaces are required for the
incidental outdoor dining. There is a surplus of 6 spaces on the
subject site therefore there will not be any impact on parking or traffic.
The outdoor dining area is located entirely on subject property. The
fencing is limited to 36 inches in height so there will be no impacts to
vehicular visibility.
☒ ☐
5. That the type, density, and intensity of use proposed will not
adversely affect the public convenience, health, interest, safety, or
general welfare, constitute a nuisance, or be materially injurious to the
improvements, persons, property, or uses in the vicinity and zone in
which the property is located
As conditioned, the proposed use will not adversely affect people or
property in the general vicinity.
☒ ☐