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
January 28, 2021
MKZ Global Corp
C/O Young Min Chung
815 W. Naomi Ave., Suite F
Arcadia, CA 91007
SUBJECT: Conditional Use Permit No. CUP 19-17
PROJECT ADDRESS: 815 W. Naomi Avenue, Suite F
Dear Mr. Chung:
At its January 26, 2021 meeting, the Planning Commission voted 4-0,
due to a vacancy on the Commission, to approve Conditional Use Permit
No. CUP 19-17 at 815 W. Naomi Avenue, Suite F, subject to the
following conditions:
1. The business shall be maintained by the Applicant/Property
Owner in a manner that is consistent with the plans submitted and
conditionally approved for CUP 19-17, and shall be subject to
periodic inspections. The approval is limited to only the sale of
beer and wine for on-site consumption within the existing
restaurant.
2. The business hours shall be limited to 11:30 AM to 12:00 AM,
daily. Any changes to the hours of operations and/or the days,
shall be subject to review and approval by the Planning &
Community Development Administrator, unless significant
modifications are proposed; in which case, the application may
be referred to the Planning Commission. No late hours are
permitted with this approval.
3. Alcoholic beverage service shall be limited to beer and wine (ABC
Type 41 License) and shall only be served during the approved
hours of operation. No sales, service, and on-site consumption of
beer and wine is permitted outside of interior walls of this unit
under this approval.
4. 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 to the
satisfaction of the Building Official, City Engineer, Planning &
Community Development Administrator, Fire Marshal, and Public
Works Services Director. Any changes to the existing facility may
be subject to having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials and
employees, and may subject to building permits.
5. Noncompliance with the plans, provisions and conditions of approval for CUP
19-17 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the termination of alcohol sales.
6. 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.
7. Approval of CUP 19-17 shall not be of effect unless on or before 30 calendar
days after Planning Commission adoption of the Resolution, the property owner
and applicant have executed and filed with the Planning & Community
Development Administrator or designee an Acceptance Form available fro m
the Development Services Department to indicate awareness and acceptance
of these conditions of approval.
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 Communit y Development
Division along with a $600.00 appeal fee by 4:30 p.m. on Friday, February 5, 2021.
You will be notified if an appeal is filed.
This approval shall expire in one year (February 6, 2022) 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 design concept plans and any conditions of approval. Any inconsistency
from the approved design concept 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.
Approval of Conditional Use Permit No. 19-17 shall not go into 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 February 28, 2021, or if the
project is appealed, this approval will become null and void.
You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view
this notice. If you have any questions, please contact me at (626) 574-5442, or by
email at ltorrico@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Luis Torrico
Senior Planner
Attachments: Acceptance Form
c: Baldwin Arcadia Center C/O Candet Properties, Property Owner