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HomeMy WebLinkAboutDecision letter_12-12-18 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 December 12, 2018 Stephanie Bolden 8530 Venice Blvd. Los Angeles, CA 90034 Subject: Minor Use Permit No. MUP 18-05 Project Address: 56 E. Duarte Road Dear Applicant: The public comment period for Minor Use Permit No. MUP 18-05 ended on December 6, 2018. 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 new full service bank with an exterior ATM and night depository at 56 E. Duarte Road (d.b.a. CTBC Bank USA) at 56 E. Duarte Road, subject to the conditions of approval listed below. The proposed bank will be located within an existing 2,607 square foot unit located within a mixed-use development. The unit is located on the ground floor and has direct access from Duarte Road. The bank will be limited to the following operating hours; Monday – Thursday from 9:00 a.m. to 4:00 p.m., Friday: from 9:00 a.m. to 5:00 p.m., and Saturday from 10:00 a.m. to 2:00 p.m. 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 18-05 56 E. Duarte Road 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. The hours of operation shall be limited to:  Monday -Thursday: 9:00 a.m. to 4:00 p.m.  Friday: 9:00 a.m. to 5:00 p.m.  Saturday: 10:00 a.m. to 2:00 p.m. Any expansion in the hours may require an amendment to this approval. 2. 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. 3. The attic space shall not be visible from public view. Approved methods of screening shall include framing a vertical wall 30 inches from the windows to maintain visibility into the unit or applying a dark film on the upper windows. Both options shall be reviewed and approved by Planning Services during the Building plan check process. Blinds shall not be an approved screening method. 4. 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. 5. 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 12:00 p.m. on Monday, December 24, 2018. Approval of Minor Use Permit No. MUP 18-05 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, January 14, 2019, or if the project is appealed, this approval will become null and void. MUP 18-05 56 E. Duarte Road This approval shall expire in one year (December 26, 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 ltorrico@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Luis Torrico Senior Planner Attachment c: Pacific Plaza Arcadia, LLC, Property owner Lisa L. Flores, Planning & Community Development Administrator MUP 18-05 56 E. Duarte Road 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 bank use is consistent with the Mixed Use land use designation of the site, which provides opportunities for commercial and residential mixed-use developments, and supports commercial uses that integrate well with residential activity. The proposed bank will be located on the ground of floor of an existing mixed-use development. The bank will provide services that will be available to the residents of the mixed- use development and the public in general. In addition, the bank 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 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 financial institutions and related services in the MU Zone with a Minor Use Permit. Therefore, the proposed use will be in compliance with 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 bank will be located within an existing unit measuring approximately 2,607 square feet in floor area, within a newly constructed mixed-use development. The unit is located on the ground floor and will have direct access from Duarte Road and will be adequate in size to accommodate the proposed use. The bank will be compatible with other commercial uses in the mixed-use development and surrounding neighborhood. The proposed hours of operation will be similar to other commercial uses and will be limited to Monday – Thursday from 9:00 a.m. to 4:00 p.m., Friday from 9:00 a.m. to 5:00 p.m., and Saturday from 10:00 a.m. to 2:00 p.m. Therefore, the operation of a bank at the subject site 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. ☒ ☐ MUP 18-05 56 E. Duarte Road The proposed bank will be located within an existing mixed-use development in a 2,607 square foot unit. The subject site is located at the southwest corner of Duarte Road and 1st Avenue, both of which are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Parking will be provided on site at the mixed-use development. Adequate parking is provided on site for the proposed bank and other commercial uses in the mixed-use development. The proposed bank will be serviced by existing fire and police protection services, and existing utilities. Therefore, no impacts are anticipated from 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. The proposed bank will be compatible with the other business and professional uses allowed in the MU Zone and will provide additional business 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. Therefore, the proposed will not impact the public convenience, health, interest, safety of general welfare, will not constitute a nuisance or be materially injurious to the community, and will not be out of character with uses in the general area. ☒ ☐ CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 12/11/18 APPLICATION NO.: Minor Use Permit No. MUP 18-05 SUBJECT PROPERTY: 56 E. Duarte Road 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 (January 14, 2019), this approval will become null and void and all fees will be forfeited.