Loading...
HomeMy WebLinkAboutDecision 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 May 17, 2019 Ivy Wan-Ching 149 Dramond St. Unit D Arcadia, CA 91006 SUBJECT: Minor Use Permit No. MUP 19-05 PROJECT ADDRESS: 33 E. Huntington Drive Unit C (dba: Agile Body Studio) Dear Ms. Wan-Ching: The public comment period for Minor Use Permit No. MUP 19-05 ended on May 16, 2019. Staff did not receive any comments during the public comment period. On May 17, 2019, the Development Services Department conditionally approved the Minor Use Permit to allow the operation of a pilates studio use located at 33 E. Huntington Drive Unit C (dba: Agile Body Studio). The project is subject to the conditions of approval listed below. The proposed pilates studio use will be located within the Central Business District (CBD) Zone. It will occupy an existing unit located within a multi-tenant commercial building within the Arcadia Downtown area with a Downtown Parking Overlay. The proposed hours of operation are from 7:30 am to 9:00 pm Monday through Sunday. A maximum of two (2) instructors and 16 students will be on-site at any given time. 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. 19-05 33 E. Huntington Drive 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 protecti on, 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, sati sfies 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. Hours of operation shall be limited to 7:30 am to 9:00 pm Monday through Sunday. Any expansion in the hours may require an amendment to this approval. 2. A maximum of two (2) instructors and 16 students may be on-site at any given time. 3. 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. 4. 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. 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, Planning & Community Development Administrator, Fire Marshal, and Public Works MUP No. 19-05 33 E. Huntington Drive 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 conditions of approval for MUP 19-05 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 th e 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 Cit y, 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 Tuesday, May 28, 2019. Approval of Minor Use Permit No. MUP 19-05 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 June 17, 2019, this approval will become null and void. This approval shall expire in one year (May 29, 2020) 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. 19-05 33 E. Huntington Drive You may visit the City’s website at www.ArcadiaCA.gov/n oticesanddecisions to view this letter. If you have any questions regarding this approval, please contact me at (626) 574-5442 or by email at ltorrico@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Luis Torrico Senior Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: April A. Verlato, Property Owner Lisa Flores, Planning & Community Development Administrator MUP No. 19-05 33 E. Huntington Drive 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 pilates studio use is consistent with the Commercial land use designation, which is intended to encourage a strong pedestrian-oriented environment that provides a variety of retail and service uses, restaurants, and neighborhood-serving commercial uses that complement development in the Downtown Mixed Use areas. The pilates studio will complement the adjacent uses in the downtown and will provide additional activity services that will be available to the residents within the Downtown and the general public. In addition, the use will not adversely affect the comprehensive General Plan or any applicable specific plan. The subject site is adjacent to the Downtown Mixed Use (DMU) Zone which allows residential uses. Therefore, the proposed pilates studio will further General Plan Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. ☒ ☐ 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 Central Business District (CBD) and the Arcadia Development Code Section 9102.05.020 allows small fitness facilities in the CBD Zone subject to approval of 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 pilates studio will be located within an existing unit within a multi-tenant commercial building. The unit is adequate in size to accommodate the proposed use. In addition, the use, and the proposed hours of operation, will be compatible with existing businesses in the downtown. Furthermore, any expansion in the ☒ ☐ MUP No. 19-05 33 E. Huntington Drive 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 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 Huntington Drive, 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 subjec t site and within the existing public parking lots, as the subject site is located within the Downtown Parking Overlay. In addition, the proposed pilates studio 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 pilates studio is compatible with the other uses allowed in the CBD Zone and adjacent DMU Zone, and will benefit the neighborhood and environment. The use will provide additional activity services 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 use 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 5/17/19 APPLICATION NO.: Minor Use Permit No. MUP 19-05 SUBJECT PROPERTY: 33 E. Huntington Drive (dba: Agile Body Pilates) 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 (June 17, 2019), this approval will become null and void and all fees will be forfeited.