No preview available
HomeMy WebLinkAboutDecision LetterCity of Arcadia July 12, 2018 Joshua Valles 150 E. Colorado Blvd. #226 Monrovia, CA 9 10 16 Subject: Minor Use Permit No. MUP 18-01 Project Address: 46 E. Live Oak Avenue Dear Mr. Valles: The public comment period for Minor Use Permit No. MUP 18-01 ended on July Development 10, 2018. A public hearing was not requested and no public comments were p received. The Development Services Department has conditionally approved a Services Minor Use Permit for a new 2,200 square -foot, martial arts academy (dba: Department Jiujitsu Team America) located within an existing multi -tenant commercial building at 46 E. Live Oak Avenue, subject to the conditions of approval listed below. 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 Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may be approved if all of the following findings can be made: 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. 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 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. There shall be no more than fourteen (14) people (i.e. twelve (12) patrons and two (2) staff members/instructors) at the martial arts facility at any given time. 2. The hours of operation shall be limited to: a. Monday -Friday: 9:00 a.m. to 11:00 a.m. & 5:00 p.m. to 9:00 p.m. b. Saturday: 10:00 a.m. to 12:00 p.m. c. Sunday: 9:00 a.m. to 11:00 a.m. Any expansion in the hours may require an amendment to this approval. 3. The proposed martial arts academy requires a total of seven (7) parking spaces, all of which cannot be provided on the subject site. Therefore, parking for the proposed use will be provided on the subject parcel located at 42-48 E. Live Oak and on the adjacent parcels located at 30-40 & 52-54 E. Live Oak through an existing shared parking agreement. In the future, if parking on the adjacent parcels is not available for use by the applicant, the use may be subject to additional review by Planning Services to ensure there are no parking impacts and that the business operation can continue. 4. All signage, including window signs, shall be in conformance with the City of Arcadia Development Code and shall require review and approval of the Planning Services. 5. The applicant shall be required to implement a minimum 15 minute break in between classes to allow sufficient time in between the end and the commencement of classes. 6. Should traffic related issues arise from parents dropping off and picking up students, the applicant shall be required to work with Staff to provide an adequate drop off/loading area at the rear of the unit. 7. If complaints are received by the City regarding noise impacts associated with the operation of the martial arts studio, the applicant shall work with Staff to mitigate the noise -related complaints. 8. This Minor Use Permit may be periodically monitored to insure that it is being operated in a manner consistent with City regulations, these conditions of approval and that the use is being operated in a manner which is not detrimental to the public health, safety or welfare. 9. 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. 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, July 23, 2018. Approval of Minor Use Permit No. MUP 18-01 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 Monday, August 13, 2018, or if the project is appealed, this approval will become null and void. This approval shall expire in one year (July 24, 2019) from the effective date unless plans are submitted to Building Services for plan -check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved design concept plans and any conditions of approval. Any inconsistency from the approved use may preclude the issuance of a building permit. 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) 574-5442 or by email at Itorrico@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Co�imunity Development DivisiNFIore rvices Luis Torrico Li Senior Planner Planning & Community Development Administrator c: Live Oak Development I, LLC, Property Owner 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 N ❑ comprehensive General Plan and any applicable specific plan. The proposed martial arts academy use is consistent with the Downtown Mixed Use land use designation of the site, which encourages commercial and service uses on the ground floor that will complement residential development. In addition, the use will not adversely affect the comprehensive General Plan or any Specific Plan. 2. That, subject to the granting of a Minor Use Permit, the use proposed N ❑ 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 Mixed Use (MU) 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 MU Zone with a Minor Use Permit. Therefore, the proposed use will be in compliance all applicable provisions of the Development and Municipal Code. 3. That the design, location, size, and operating characteristics of the N ❑ proposed activity will be compatible with the existing and future land uses in the vicinity. The proposed martial arts academy is compatible with the other uses that exist within the multi -tenant commercial space and the surrounding area. The subject site is located within the MU Zone which allows similar commercial and service uses, especially on the ground floor. The classes will be held at non -peak business hours, from 9:00 a.m. to 11:00 a.m. and late evening hours from 5:00 p.m. 9:00 p.m. Monday through Friday, 10:00 a.m. to 12:00 p.m. on Saturday and 9:00 a.m. to 11:00 a.m. on Sunday. 4. That the site is physically suitable in terms of its design, location, N ❑ 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 is located on Live Oak Avenue which is adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Parking for the proposed use will be provided on the subject site and the adjacent sites located at 30-40 & 52-54 E. Live Oak through an existing shard parking agreement. The tenant space is adequate in size to accommodate the proposed use. In addition, classes will be spaced fifteen minutes apart to provide adequate time between the end and commencement of classes. 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 The proposed martial arts academy is compatible with the other uses allowed in the MU Zone and will benefit the neighborhood and environment. The use will provide additional recreational opportunities for residents in the area and the general public. 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. In addition, conditions of approval have been included as part of the approval to assist in mitigating impacts to the public welfare.