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HomeMy WebLinkAboutDecision Letter_11-19-18 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 November 19, 2018 1A Fitness Attn: Ben Zhuang and Kevin Mejia 310 S. 1st Avenue SUBJECT: Minor Use Permit No. MUP 18-03 PROJECT ADDRESS: 35 S. 1st Avenue (dba: 1A Fitness) Dear Mr. Zhuang and Mr. Mejia: The public comment period for Minor Use Permit No. MUP 18-03 ended on November 13, 2018. Staff did not receive any comments during the public comment period. On November 19, 2018, the Development Services Department conditionally approved the Minor Use Permit to operate a small fitness facility at 35 S. 1st Avenue (dba: 1A Fitness). The project is subject to the conditions of approval listed below. The unit is located within a multi-tenant commercial building within the Arcadia Downtown area with a Downtown Parking Overlay. The approved small fitness facility will consist of 700 square feet of workout area and 200 square feet of retail space. A total of ten (10) people (e.g. eight (8) patrons and two (2) staff members/instructors) will be at the fitness center at any given time. The approved operating hours are from 6:00 AM to 10:00 AM and 5:00 PM to 9:00 PM, Monday through Friday, and 8:00 AM to 11:00 AM on Saturday. The parking requirement for the small fitness facility is the same as the previous retail tenant, which is 7 parking spaces; therefore, no additional parking is required by Code. Because the number of patron and instructors is greater than the required 7 parking spaces for the use, staff visited the site on two occasions and determined that the site can accommodate the parking needed for the patrons and instructors. 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. MUP No. 18-03 35 S. First Avenue 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 an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. 5. 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. 6. 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 approved project, as conditioned, satisfies all the required findings necessary to grant a Minor Use Permit (refer to 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. Conditions of Approval 1. There shall be no more than ten (10) people (e.g. eight (8) patrons and two (2) staff members/instructors) at the fitness center at any given time. 2. Hours of operation shall be limited to 6:00 AM to 10:00 AM and 5:00 PM to 9:00 PM, Monday through Friday, and 8:00 AM to 11:00 AM on Saturday. Any expans ion in the hours may require an amendment to this approval. 3. All workout activities shall be kept within the unit. 4. If complaints are received by the City regarding noise impacts associated with the operation of the fitness center, the applicant shall work with Staff to mitigate the noise-related complaints. 5. This Minor Use Permit may be periodically monitored to ensure 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. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, MUP No. 18-03 35 S. First Avenue Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility are subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 7. Noncompliance with the plans, provisions and conditio ns of approval for MUP 18 -03 shall be grounds for immediate suspension or revocation of any approvals. 8. 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 $600.00 appeal fee by 5:30 p.m. on Thursday, November 29, 2018. Approval of Minor Use Permit No. MUP 18-03 shall not be of effect unless the property owner and applicant have executed and file d 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 December 19, 2018, this approval will become null and void. This approval shall expire in one year (November 29, 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 plans and any conditions of approval. Any inconsistency from the approved plans 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 and inspection may be required for construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation and permits needed. MUP No. 18-03 35 S. First Avenue You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter. If you have any questions regarding this approval, please contact me at (626) 574-5422 or by email at VQuiroz@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Vanessa Quiroz Assistant Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Cross Property Management LLC., Property Manager Lisa Flores, Planning & Community Development Administrator MUP No. 18-03 35 S. First Avenue 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 comprehensive General Plan and any applicable specific plan. The proposed fitness facility is consistent with the 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. ☒ ☐ 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. The zoning of the site is Mixed Use (MU) and the Arcadia Development Code Section 9102.05.020 allows a small health/fitness facility (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 proposed activity will be compatible with the existing and future land uses in the vicinity. The proposed fitness facility 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. The hours of operation shall be limited to 6:00 AM to 10:00 AM and 5:00 PM to 9:00 PM, Monday through Friday, and 8:00 AM to 11:00 AM on Saturday which are outside of normal business hours to minimize an impact to the surrounding businesses. Any expansion in the hours may require an amendment to this approval. ☒ ☐ 4. That the site is physically suitable in terms of its design, location, shape, size, and operating characteristics of the ☒ ☐ MUP No. 18-03 35 S. First Avenue 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 South First Avenue which is adequate in width and pavement type to carry emergency vehicles and traffic generat ed by the proposed use. Parking for the proposed use will be provided on the subject site as well as public parking spaces along S. First Avenue and Alta Street. The tenant space is adequate in size 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 a nd zone in which the property is located. The proposed fitness facility 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. ☒ ☐ CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 11/19/18 APPLICATION NO.: Minor Use Permit No. MUP 18-03 SUBJECT PROPERTY: 35 S. 1st Avenue (dba: 1A Fitness) I 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). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME 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 (December 19, 2018), this approval will become null and void and all fees will be forfeited.