HomeMy WebLinkAboutDecission 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
August 9, 2017
Kevin Chan
5049 Walnut Grove Ave.
San Gabriel, CA 91776
Subject: Minor Use Permit No. MUP 17-01
Project Address: 31 S. 1st Avenue
Dear Mr. Chan,
The public comment period for Minor Use Permit No. MUP 17-01 ended on
August 1, 2017. A public hearing was not requested, and no public comments
were received. The Development Services Department has conditionally
approved a Minor Use Permit to operate an electronic game center with the sales
of computer accessories at 31 South First Avenue, subject to the conditions of
approval listed below.
The tenant space is located within 1/4 mile of a transit station and is
grandfathered for four (4) parking spaces under the Downtown Parking Overlay.
A maximum of 16 gaming stations are proposed, which require 6 parking spaces
at this location. A Major Administrative modification is required to allow the
business to operate with only the available existing parking. The proposed hours
of operation are 12PM to 10PM, Monday through Thursday, and 12PM to 12AM
Friday through Sunday.
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 17-01
31 South 1st 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). A parking study
provided by the applicant shows that there will be ample available parking during the proposed
hours of operation, and the proximity of the location to the transit station will provide alternative
modes of transportation to potential customers.
The proposed project qualifies as a Class 1 Categorical Exemption for the use of existing
facilities and as a Class 5 Categorical Exemption for a minor alteration in land use limitations
from the requirements of the California Environmental Quality Act (CEQA) under Section 15301
and 15305 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 12 PM to 10 PM, Monday
through Thursday, and 12 PM to 12 AM, Friday through Sunday.
3. There shall be no more than 16 gaming stations available for use at this location.
4. The location shall not be used for any type of gambling activity.
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, August 21, 2017.
Approval of Minor Use Permit No. MUP 17-01 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 September 11, 2017, this approval will become null and void.
This approval shall expire in one year (August 22, 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 17-01
31 South 1st 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) 574-5445
or by email at lflores@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
c: Terry Cross, Property Owner
MUP 17-01
31 South 1st 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, an electronic game center with the
sales of computer accessories, is compatible with the surrounding
and adjacent commercial land uses. The maximum number of
gaming stations 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.
The proposed use is located within an existing multi-tenant shopping
center, and the proposed operational characteristics of the do not
require extensive remodeling of the subject property or additional
parking. Other than interior tenant improvements, no major changes
to the subject property are necessary to accommodate the proposed
use. The applicant provided a parking study that shows that the
existing parking available on the subject property will be able to
accommodate the proposed use.
☒ ☐
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.
☒ ☐