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HomeMy WebLinkAboutAmended Decision Letter & Approved Plans 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 16, 2019 HIIT & Run LLC C/O Kenneth Chan 318 N. Encinitas Ave Monrovia, CA 91016 Subject: Amended Approval - Minor Use Permit No. MUP 19-13 Project Address 57 Wheeler Avenue, Suite F (dba: Fitness Factor) Dear Mr. Chan: The public comment period for Minor Use Permit No. MUP 19-13 ended on December 5, 2019. Staff did not receive any comments during the public comment period. On December 12, 2019, the Development Services Department conditionally approved the Minor Use Permit to allow the operation of a fitness facility use located at 57 Wheeler Avenue, Suite F (dba: Fitness Factor). On December 16, 2019, the Development Services Department amended the approval to require the installation of an Automated External Defibrillator (AED). The AED is required per Condition No. 7. The project is subject to the conditions of approval listed below. The proposed fitness facility use will be located within the Downtown Mixed Use (DMU) Zone. It will occupy an existing unit located within a newly constructed mixed-use building within the Arcadia Downtown. The proposed hours of operation are from 7:00 am to 2:00 pm Monday through Friday, and from 7:00 am to 2:00 pm on Saturday and Sunday. A maximum of three instructors and 35 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. 19-13 57 Wheeler Avenue, Suite F 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. Hours of operation shall be limited to 5:00 a.m. to 9:00 p.m., Monday through Friday, and from 7:00 a.m. to 2:00 p.m. on Saturday and Sunday. Any expansion in the hours may require an amendment to this approval. 2. A maximum of three (3) instructors and 35 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. Matting shall be installed in the work out areas to minimize the noise related to dropping of weights. 5. Exercise by customers shall be confined to the interior of the building. No classes, training or other activities are permitted on the property outside the building. 6. Noise levels, associated with the business shall be kept at a minimum to not impact the adjacent businesses and residential uses, and shall comply with the City’s noise ordinance. 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. MUP No. 19-13 57 Wheeler Avenue, Suite F 7. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Planning & Communi ty Development Administrator, or designee. 8. 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. 9. 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. 10. Noncompliance with the plans, provisions and conditions of appro val for MUP 19-13 shall be grounds for immediate suspension or revocation of any approvals. 11. 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, December 26, 2019. Approval of Minor Use Permit No. MUP 19-13 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 January 13, 2020, this approval will become null and void. This approval shall expire in one year (December 27, 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 MUP No. 19-13 57 Wheeler Avenue, Suite F 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- 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: 57 Wheeler LLC, Property Owner Lisa Flores, Planning & Community Development Administrator MUP No. 19-13 57 Wheeler Avenue, Suite F 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 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 complements the uses in the mixed-use development and adjacent Downtown Mixed Use areas. The fitness facility will provide additional activity services that will be available to the residents in the Downtown and the general public. In addition, the use will not adversely affect the comprehensive General Plan or 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. The zoning of the site is Downtown Mixed Use (DMU) and the Arcadia Development Code Section 9102.05.020 allows small fitness facilities in the DMU 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 fitness facility will be located within an existing unit within a newly constructed mixed-use development. 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 the similar uses, specifically the 24-Hour Fitness, in the downtown area. Lastly, any expansion in the hours may require an amendment to this approval. Therefore, the proposed fitness facility 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 ☒ ☐ MUP No. 19-13 57 Wheeler Avenue, Suite F 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 fitness facility will be located within an existing mixed- use building. The unit and site are adequate in size to accommodate the proposed use. Parking, compliant with the Development Code, for the proposed use will be provided on the subject site. No exterior improvements are required to accommodate the use. In addition, the site is located at the intersection of Wheeler Avenue and 1 st Avenue, which are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Lastly, the proposed fitness facility 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 fitness facility will be located within an existing mixed- use building, in the DMU Zone. The proposed hours of operation will be compatible with existing fitness businesses in the immediate area, including 24-Hour Fitness. The fitness facility will provide additional activity services for the residents in the area and the general public. The subject unit is adequate in size to accommodate the proposed use. Conditions of approval, such as limiting activities to the inside of the building, limiting the noise generated by the use, and allowing for periodic inspections to ensure the operation of the fitness facility is not impacting the adjacent businesses and residential uses. In addition, 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 ☒ ☐ WHEELER AVENUE ARCADIA, CA 9100657 4 Co n d i t i o n a l l y A p p r o v e d D e c e m b e r 1 2 , 2 0 1 9 Co n d i t i o n a l l y A p p r o v e d D e c e m b e r 1 2 , 2 0 1 9 CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 AMENDED Issued 12/16/19 APPLICATION NO.: Minor Use Permit No. MUP 19-13 SUBJECT PROPERTY: 57 Wheeler Avenue, Suite F 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 13, 2020, this approval will become null and void and all fees will be forfeited.