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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 28, 2019 Xinghan Li Young Boxing 11734 Wilshire Blvd. C1310 Los Angeles, CA 90025 SUBJECT: Minor Use Permit No. MUP 19-04 PROJECT ADDRESS: 113 E. Santa Clara Street. (dba: Young Boxing) Dear Mr. Li: The public comment period for Minor Use Permit No. MUP 19-04 ended on May 16, 2019. Staff did not receive any comments during the public comment period. On May 22, 2019, the Development Services Department conditionally approved the Minor Use Permit to allow the operation of a small fitness facility located at 113 E. Santa Clara Street (dba: Young Boxing). The project is subject to the conditions of approval listed below. The proposed fitness facility will be located within the Downtown Mixed Use (DMU) 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 7:00 am to 8:30 pm Monday through Friday; and 9:00 am to 3:00 pm on Saturday. 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. 19-04 113 E. Santa Clara Street 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 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. Hours of operation shall be limited to 7:00 am to 8:30 pm Monday through Friday; and 9:00 am to 3:00 pm on Saturday. Any expansion in the hours may require an amendment to this approval. 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. 2. A maximum of 20 students may be participating in class or 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. Should parking related issues arise due to the proposed use, the applicant shall work with staff to mitigate the concerns. 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 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 19-04 shall be grounds for immediate suspension or revocation of any approvals. MUP No. 19-04 113 E. Santa Clara Street 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 Monday, June 10, 2019. Approval of Minor Use Permit No. MUP 19-04 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 June 27, 2019, this approval will become null and void. This approval shall expire in one year (June 11, 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. 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) 574-5444 or by email at psun@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT MUP No. 19-04 113 E. Santa Clara Street Peter Sun Associate Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Kaveh Sattori, Property Owner Lisa Flores, Planning & Community Development Administrator MUP No. 19-04 113 E. Santa Clara Street 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 small fitness facility is consistent with the Downtown Mixed Use land use designation, which is intended to provide opportunities for complementary service and retail commercial businesses, professional offices, and residential uses. The General Plan also encourages the inclusion of ground-floor, street- frontage commercial component. The project is consistent with the following General Plan goals and policies: Policy LU-6.5 – Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. Policy LU-6.8 – Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. Policy LU-10.2 – Promote the Metro Gold Line Extension and establishment of a transit station in Downtown Arcadia, and take full advantage of the opportunities the Gold Line station will bring to Downtown and the City as a whole. The small fitness facility will complement the adjacent uses in the downtown in that it will provide a recreational activity that will be complementary to future residential uses and will attract users to other retail and restaurant uses within the Downtown. Additionally, the commercial unit, which was formerly used as a manufacturing use, is now proposed to be converted into a small fitness facility, which is more consistent with the DMU zone and Downtown Mixed Use land use designation. The facility’s location within ¼ mile to the Metro station will also encourage transit ridership to the Downtown which will benefit the Downtown area as a whole. ☒ ☐ 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. ☒ ☐ MUP No. 19-04 113 E. Santa Clara Street The zoning of the site is Downtown Mixed Use District (DMU) and the Arcadia Development Code Section 9102.05.020 allows for small fitness facilities in the DMU Zone subject to approval of a Minor Use Permit. The project site’s location within the Downtown Parking Overlay also exempts the new use from providing additional parking if the preceding use did not meet parking standards. Previously, two manufacturing uses were on the property and required 12 parking spaces per the Development Code. Eight parking spaces are available on site, rendering the property nonconforming due to parking. Therefore, the proposed small fitness facility is not required to provide additional parking spaces. Furthermore, there are no additions proposed to the building. 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 small fitness facility will be located within an existing industrial 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. 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 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 industrial building is located on Santa Clara Street, which is adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. The project complies with the parking standards of the Development Code in that it is located in the Downtown Parking Overlay and is exempt from providing additional parking. In addition, the applicant also submitted a parking management plan which outlines some mitigation measures that is intended to help alleviate parking demand on site. The proposed facility will also be serviced by existing fire and police protection services, and existing utilities. ☒ ☐ MUP No. 19-04 113 E. Santa Clara Street 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 small fitness facility is compatible with the other uses allowed in the DMU Zone and will benefit the neighborhood and environment. The use will provide a recreational activity for residents and promote a healthy and active lifestyle. The project 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 5/28/19 APPLICATION NO.: Minor Use Permit No. MUP 19-04 SUBJECT PROPERTY: 113 E. Santa Clara Street (dba: Young Boxing) 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 an y 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 27, 2019), this approval will become null and void and all fees will be forfeited.