HomeMy WebLinkAboutMUP 19-10_Decision 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
October 24, 2019
Yong Ying Li
745 E. Valley Blvd., #235
San Gabriel, CA 91776
SUBJECT: Minor Use Permit No. MUP 19-10
PROJECT ADDRESS: 204 E. Live Oak Avenue (dba: Doggie Wash &
Grooming)
Dear Applicant,
The public comment period for Minor Use Permit No. MUP 19-10 ended on
September 30, 2019. Staff did not receive any comments during the public
comment period. The Development Services Department has conditionally
approved the Minor Use Permit to allow a new dog grooming business at
204 E. Live Oak Avenue (dba: Doggie Wash & Grooming). This approval is
subject to the conditions of approval listed below.
Approval of the Minor Use Permit is to allow a new dog grooming business
within a multi-tenant commercial building. The business is located within the
Mixed-use (MU) zone and is located near the southern City boundary shared
with the unincorporated residential area of the Los Angeles County. The
proposed business hours are from 9:30 a.m. to 6:00 p.m., Monday through
Saturday. The site has sufficient parking to meet the required number of
parking spaces per the Development Code for the new use and the other
existing uses on the site.
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 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.
MUP No. 19-10
204 E. Live Oak Avenue
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. The use approved by Minor Use Permit No. MUP 19-10 is limited to a pet grooming
business and shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for Minor Use Permit No. MUP 19-10, and
shall be subject to periodic inspections, after which the provisions of this Minor Use
Permit may be adjusted after due notice to address any adverse impacts to the adjacent
streets, rights-of -way, and/or the neighboring businesses and properties.
2. No animal boarding/kennels, as define under Division 9 of the Development Code, shall
be permitted with this approval or allowed in this zone.
3. Overnight boarding is prohibited with this approval or allowed in this zone.
4. Hours of operation shall be limited to 9:30 am to 6:00 pm, Mondays through S aturdays.
5. Prior to the plan check review submittal to the Building Services, noise proof measures
shall be added to the entire unit to help minimize noise impacts to the adjacent tenants.
In any event, the noise level shall not exceed the following noise limits established by
the City’s Municipal Code:
a. 7:00 A.M. to 10:00 P.M. : 65 dBA
b. 10:00 P.M. to 7:00 A.M. : 60 dBA
6. The exterior door of the units shall remain closed at all times during the hours of
operation so as to minimize any noise impacts to the adjacent units.
7. 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.
8. Noncompliance with the plans, provisions and conditions of approval for MUP 19-10
shall be grounds for immediate suspension or revocation of any approvals.
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,
MUP No. 19-10
204 E. Live Oak Avenue
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, November 4, 2019.
Approval of Minor Use Permit No. MUP 19-10 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 November 25, 2019, this approval will become null and void.
This approval shall expire in one year (November 5, 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.
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
Associate Planner
Attachment: Minor Use Permit – Findings for Approval
Acceptance Form
c: SKC Investment, LLC., Property Owners
Peter Sun, Designer
Lisa Flores, Planning & Community Development Administrator
MUP No. 19-10
204 E. Live Oak 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 subject site has a Mixed-Use Land Use Designation, which is
intended to permit a wide range of complementary service and retail
commercial uses that integrate well with residential activity. The
proposed pet grooming business will provide a service to the
residents of the City of Arcadia and will be compatible with the other
existing commercial uses within the multi-tenant commercial building
and in the general area pursuant to the conditions of approval. Thus,
the granting of the Minor Use Permit is consistent with the General
Plan.
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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 pet grooming
business in this zone subject to a Minor Use Permit. The use is
completely surrounded by commercial properties and will be
compatible with the other businesses on the subject site and the
surrounding commercial properties. Animal boarding of any kind is
prohibited. The application will be conditionally approved to require
sound proof measures to minimize the noise impact to the adjacent
units. The site has sufficient parking to accommodate the use and the
existing uses. Therefore, the proposed use will be in compliance with
all applicable provisions of the Development and Municipal Code.
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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 pet grooming business will be located within a multi-
tenant commercial building. The use will complement the other
commercial uses such as retail, personal service businesses, and
eating establishments along the E. Live Oak commercial corridor.
The tenant space is adequate in size to accommodate the proposed
use. The application was reviewed by other City Departments and
Divisions and there were no concerns or issues with the proposed
use. Animal boarding of any kind is prohibited. The application will be
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MUP No. 19-10
204 E. Live Oak Avenue
conditionally approved to require sound proof measures to minimize
the noise impact to the adjacent units. Therefore, the proposed pet
grooming business is compatible with the existing and future land
uses in the vicinity in terms of design, size and operating
characteristics.
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 proposed pet grooming business will occupy an existing tenant
space that is adequate in size to accommodate the use. The site has
sufficient parking available on the site to accommodate the existing
uses and the new business, and the existing infrastructure is
adequate to serve the use. The site is located at the southeast corner
of Tyler Avenue and E. Live Oak Avenue which are adequate in width
and pavement type to carry emergency vehicles and traffic generated
by the proposed use and existing uses on the site. Thus, the site is
physically suitable to accommodate the use and the existing uses on
the site.
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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 pet grooming business is compatible with the other
commercial uses on the site and surrounding commercial properties.
The application will be conditionally approved to require sound proof
measures to minimize any potential noise impacts to the adjacent
commercial units. The hours of operation are compatible with other
business on site. Animal boarding or animal kennels of any animal as
well as overnight boarding is prohibited. Therefore, the proposed use
will not impact the public convenience, health, interest, nor will it
constitute a nuisance or be a material injurious to the community and
will not be out of character with the other uses in the general area.
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