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 23, 2020
Nina Brenthan
13616 W. 9th Street
Upland, CA 91786
SUBJECT: Minor Use Permit No. MUP 20-01 & Sign Architectural Design
Review No. SADR 20-12
PROJECT ADDRESS: 900 W. Duarte Rd. (dba: Valero)
Dear Ms. Brenthan:
The public comment period for Minor Use Permit No. MUP 20-01 & SADR
20-12 ended on April 20, 2020. Staff received one comment during the public
comment period in opposition of a new gas station and the installation of new
sign; neither of which are proposed under this request . On April 23, 2020,
the Development Services Department conditionally approved the Minor
Use Permit and Sign Architectural Design Review to allow the installation of
one (1) double-sided electronic changeable copy monument sign, to be
retrofitted into the existing monument sign at 900 W. Duarte Road (dba:
Valero). The project is subject to the conditions of approval listed below.
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 characteristi cs 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 a n
emergency vehicle (e.g., fire and medical) access; public protection,
and provisions of utilities.
MUP No. 20-01
SADR No. 20-12
900 W. Duarte Rd
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 installation of
on-premise signs, from the requirements of the California Environmental Quality Act
(CEQA) under Section 15311(a) of the CEQA Guidelines.
Conditions of Approval
1. The plans submitted to Building Services for permit issuance shall include the
following notes:
a. The proposed monument sign shall have a photometric sensor that will
adjust the intensity of the sign for daytime and nighttime viewing. The
nighttime intensity shall be limited to 0.3-foot candles (over ambient levels)
as measured at a height of five feet above the ground and a distance of
between 150 and 350 feet from the sign under consideration, depending on
the size of the sign, and aimed at the sign.
b. The images shall change instantaneously, with no special effects or video.
c. Any form of moving, animated, scrolling, oscillating, or rotating images, or
any other design intended to attract attention through movement or the
semblance of movement on the whole or any part of the sign, or any othe r
method or device that suggests movement, is prohibited.
2. The Valero lettering and logo on the monument sign shall provide pushed-through
dimensional lettering with a minimum depth of 1”.
3. The unpermitted Reliable Honest Mechanic wall sign shall be removed in its entirety.
4. 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.
5. 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,
MUP No. 20-01
SADR No. 20-12
900 W. Duarte Rd
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.
6. Noncompliance with the plans, provisions and conditions of approval for MUP 20-01
& SADR 20-12 shall be grounds for immediate suspension or revocation of any
approvals.
7. 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 limit ed 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 dec ision.
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 choo se 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, May 4, 2020.
Approval of Minor Use Permit No. MUP 20-01 & SADR 20-12 shall not be of effect unless
the property owner and applicant have executed and filed the enc losed 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 23, 2020, this approval will become null
and void.
This approval shall expire in one year (May 5, 2021) 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.
MUP No. 20-01
SADR No. 20-12
900 W. Duarte Rd
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
Approved Plans
Acceptance Form
c: Eid Ballat, Property Owner
Lisa Flores, Planning & Community Development Administrator
Qihui Tang, Resident
MUP No. 20-01
SADR No. 20-12
900 W. Duarte Rd
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 installation of one (1) double-sided electronic
changeable copy monument sign, which consists of retrofitting an
existing monument sign, along Duarte Road will be compatible with
the Commercial land use designation of the subject site. The
existing monument sign’s dimensions are not changing; therefore,
no impact is expected from the installation of the electronic
changeable portion of the sign. The proposed scope will provide an
improvement to the site. In addition, the existing use will not change
nor adversely affect the comprehensive General Plan or any
applicable specific 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 General Commercial (C-G) and the Arcadia
Development Code Section 9103.11.070 allows electronic
changeable monument signs 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.
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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 electronic changeable copy sign will be installed at
an existing gas station site. The existing monument sign will be
retrofitted with a new electronic changeable copy sign. The
proposed improvements will be designed to be in compliance with
the development standards of the subject zone and will be
compatible with other signs in the vicinity.
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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,
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MUP No. 20-01
SADR No. 20-12
900 W. Duarte Rd
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 electronic changeable copy sign will utilize the
existing monument sign, which is located in a manner that will be
adequate for the subject site. The subject site is located on Duarte
Road, which is adequate in width and pavement type to carry
emergency vehicles and traffic serving the subject site. In addition,
the site will be serviced by existing fire and police protection
services, and existing utilities. The installation of new signage for
the existing business will not impact existing services; therefore, no
impacts are anticipated.
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 electronic changeable copy sign is compatible with
the other gas stations located in the vicinity and throughout the City.
The scope of work will provide updated signage for an existing use
that serves the residents in the area and the general public. A
comment was received during the public noticing period, stating
concerns with vehicular and pedestrian visibility. However, the sign
is exiting and will be retrofitted. The overall dimensions are not
changing thus no impacts will be created by installing the electronic
changeable copy into the existing sign. The proposed installation
qualifies as a Class 1 Categorical Exemption from the requirements
of the California Environmental Quality Act (CEQA) under Section
15311(a) of the CEQA Guidelines for the installation of on -premise
signage. Therefore, the proposed electronic changeable copy sign
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.
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