HomeMy WebLinkAboutMUP 17-04_Decision Letter 12-27-17r
9 December 27, 2017
Marina Coco La Salle & Liliana Reynoso Moore
281 Jameson Court
� Uaf Y °tR°m Sierra Madre, CA 91024
City of Subject: Minor Use Permit No. MUP 17- 04
J Project Address: 125 E. Santa Clara Street, Unit #15
Arcadia
Dear Applicants:
The public comment period for Minor Use Permit No. MUP 17-04 ended on
DevelOpment December 26, 2017. A public hearing was not requested, but Staff did receive
Services one public comment stating concerns with street parking and the close
proximity of similar uses. After careful consideration, the Development
Department Services Department has conditionally approved
new 1,047 square -foot, fitness facility (dba: Everlong Cro sftt)rwlthinran
existing multi -tenant commercial building at 125 E. Santa Clara St., Unit #15,
Jason ICruckeberg subject to the conditions of approval listed below.
AssisranlCity Managerl Pursuant to Development Code Section 9107.09.050, a Minor Use Permit
Development sernrces may be approved if all of the following findings can be made:
Director
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
240 west Huntington Drive zone in which the property is located.
Post Office Box 60021
Arcadia, CA 91066-6021 Based on the information available, the proposed project, as conditioned,
(626)574-5415 satisfies all the required findings necessary to grant a Minor Use Permi
wt4423309 Fax (See Attachment 1).
ww.ArcadiaCA.gov
The proposed project qualifies as a Class 1 Categorical Exemption for the use of existing
facilities from the requirements of the California Environmental Quality Act (CEQA) under
Section 15301 of the CEQA Guidelines. In addition, the project is subject to the following
conditions.
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. There shall be no more than ten (10) people (e.g. eight (8) patrons and two (2)
staff members/instructors) at the training facility at any given time.
3. The hours of operation shall be limited to 5:00 a.m. to 9:00 a.m. and 5:00 p.m.
8:00 p.m., Monday through Friday, and 8:00 a.m. to 9:00 am on Saturdays.
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 appeal fee, by 5:30 p.m. on Monday, January 8, 2018.
Approval of Minor Use Permit No. MUP 17-04 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 Friday, January 26 2018, or if the project is appealed, this
approval will become null and void.
This approval shall expire in one year (January 9, 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 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)
574-5422 or by email at VQuiroz@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Q � /
Vanessa Quiroz/
Assistant Planner Assistant City Manager/ Development Services Director
c: Kirk Garibian, Property Owner
Stephanie Aikin, Neighbor
OUR .1 i N
'i25FI, J, ii i'>
Attachment 1: Required Findings for Approval of a Minor Use Permit Pursuant to
Development Code Section 9107.09.050
FINDINGS YES NO
1. That the granting of such Minor Use Permit is consistent with the ® p
comprehensive General Plan and any applicable specific plan.
The proposed health/fitness use is consistent with the Downtown Mixed
Use land use designation of the site. The use will not adversely affect
the comprehensive General Plan.
2. That, subject to the granting of a Minor Use Permit, the use proposed ® p
is allowed within the applicable zone and complies with all other
applicable provisions of the Development Code and Municipal Code.
The zoning of the site is DMU, Downtown Mixed Use, and the Arcadia
Development Code Section 9102.05.020 allows small health/fitness
facilities (i.e. 3, 000 square feet or less in area) in the DMU zone with a
MUP.
3. That the design, location, size, and operating characteristics of the ® p
proposed activity will be compatible with the existing and future land
uses in the vicinity.
The proposed small fitness center is compatible with the other uses that
exist within the multi -tenant commercial space and the surrounding
district. The classes will be held at non -peak business hours, e.g early
morning hours from 5:00 a.m. to 9:00 a.m. and late evening hours from
5:00 p.m. 8:00 p.m., Monday through Friday and 8:00 a.m. to 9:00 am on
Saturdays.
4. That the site is physically suitable in terms of its design, location, ® p
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 existing multi -tenant commercial building and surface parking lot are
physically suited to accommodate the proposed small health fitness
center. The site is located within the Downtown Parking Overlay area
which allows for adaptive reuse of existing buildings with no additional
parking.
-i 5 I f FlllFv (_ ill
5.That the type, density, and intensity of use proposed will not adversely ® p
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
The small health/fitness center is compatible with the other uses allowed
in the Downtown Mixed Use zone and will benefit the neighborhood and
environment. The proposed business qualifies as a Class 1 Categorical
Exemption from the requirements of the California Environmental Quality
Act (CEQA) under Section 15301 of the CEQA Guidelines as an existing
facility.
CITY OF ARCADIA
ACCEPTANCE FORM
Development Services Department
Community Development Division -Planning Services
240 West Huntington Drive
Arcadia, CA 91007
APPLICATION NO.: Minor Use Permit No. MUP 17- 04
SUBJECT PROPERTY: 125 E. Santa Clara Street, Unit #15
1 am/We are the applicant(s), and the owner(s), or the duly authorized
representative(s) of the owner(s), respectively, of the project and real property that is
the subject of the above application(s).
I am/We are aware of, understand, and accept, all the provisions and conditions
imposed upon the project and real property that is the subject of the above
application(s), and also understand that noncompliance with said provisions and
conditions shall constitute grounds for the immediate suspension or revocation of any
approvals granted through said application(s).
]/We certify and declare under penalty of perjury that the foregoing is true and
correct.
APPLICANT'S SIGNATURE
PRINT NAME
PROPERTY OWNER'S SIGNATURE
PRINT NAME
DATE
DATE
Approval of your application shall not be of effect unless the property owner and
applicant have executed and filed this 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 (January 26, 2018), this approval will become null
and void and all fees will be forfeited.
Issued 12/27/17