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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 April 6, 2020 Jinda Korprapun P.O. BOX 660902 Arcadia, CA 91006 SUBJECT: Major Administrative Modification No. Major AM 20-03 PROJECT ADDRESS: 1012 S. Baldwin Avenue, Suite A (dba: Acupuncture Clinic) Dear Mrs. Korprapun: The public comment period for the Notice of Pending Decision ended on March 25, 2020. Staff did not receive any comments during the notification period . The Development Services was able to make one of the required findings for the Modification request and has conditionally approved the modification request to allow a reduction of no more than three (3) parking spaces for a new acupuncture business (dba: Acupuncture Clinic) within an existing multitenant commercial building at 1012 S. Baldwin Avenue, Suite A. The existing 6,909 square foot, two-story, multitenant commercial building is currently occupied by bakery (Kee Wah Bakery), accounting office, and a music school, and a tutoring center. The Acupuncture Clinic will be occupy an existing 1,100 square foot vacant space on the first floor previous occupied by an office use. The change in use from a professional office space to a personal service use (acupuncture), requires two (2) additional parking spaces. The site has 41 parking spaces. Based on the existing uses and the new business, a total of 44 parking spaces are required which results in a parking deficiency of three (3) spaces. Pursuant to Development Code Section 9107.05.050, an Administrative Modification may be approved if at least one of the following findings can be made. 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. Approval of this Modification request to reduce the number of required parking spaces by three (3) would allow for an appropriate improvement of the lot. The change in use of the subject tenant space from professional office to a personal service use (acupuncture) is consistent with the permitted land use for the property, and would occupy a vacant unit. Further, the Applicant provided a parking study that shows that the existing parking is currently underutilized, with only an average use of only 8-18 parking spaces being occupied during the proposed business hours. Staff visited the site in multiple occasions and found an average use consistent with the parking survey. Therefore, the site has more than sufficient parking to accommodate the new use and the existing businesses. Approval of the parking modification will not result in an impact to the adjacent commercial properties or adjacent streets. The proposed project qualifies as both a Class 1 and Class 5 Categorical Exemption improvement to an existing structure and a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15301(e)(1) and 15305 of the CEQA Guidelines. Conditions of Approval 1. Acupuncture Clinic shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for of Major Administrative Modification No. AM Major 20-03. 2. No massage services shall be permitted. 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/Property Own er shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 5. The Applicant/Property Owner 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 submi t an Appeal Application, please visit www.ArcadiaCA.gov/planning and follow the instructions. Please submit a complete Appeal Application by 5:30 p.m. on April 16, 2020. In response to guidance received by federal, state, and local public health officials, Arcadia City Hall will be closed to the public until further notice. Approval of Major Administrative Modification No. AM Major 20-03 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 (May 6, 2020) this approval will become null and void. The form can be submitted via email. This approval shall expire in one year (April 17, 2021) from the effective date unless a business license is submitted to Business License Services for approval. An extension may be granted by the Development Services Director or designee, or t he 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 indicat e 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 the above approval, please contact me at (626) 574-5422 or by email at vquiroz@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Vanessa Quiroz Associate Planner Enclosed