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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 February 18, 2021 Gerry Enders 326 N. 1st Avenue Arcadia, CA 91006 Subject: Minor Use Permit No. MUP 18-08 & Architectural Design Review No. ADR 18-21 Project Address 114 La Porte Street Dear Mr. Enders: The public comment period for Minor Use Permit No. MUP 18-08 & Architectural Design Review No. ADR 18-21 ended on February 16, 2021. Staff did not receive any comments during the public comment period . On February 18, 2021, the Development Services Department conditionally approved the Minor Use Permit and Architectural Design Review to allow the operation of a major vehicle repair business to include a paint spray booth within a proposed 3,425 square foot one-story commercial building located at 114 La Porte Street. The project is subject to the conditions of approval listed below. The proposed major vehicle repair business will be located in the Commercial Manufacturing (CM) Zone, within a proposed 3,425 square foot one-story commercial building. The proposed hours of operation are from 6:00 am to 6:00 pm Monday through Saturday. 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. 18-08 & ADR 18-21 114 La Porte Street 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 32 Categorical Exemption for an in infill development from the requirements of the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines. Conditions of Approval 1. The hours of operation shall be limited to 6:00 a.m. to 6:00 p.m., Monday through Saturday. Any expansion in the hours may require an amendment to this approval. 2. All work shall be performed within the proposed building. No work shall be performed outside. 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. 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 Off icial, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility MUP No. 18-08 & ADR 18-21 114 La Porte Street are subject to building permits after having fully detailed plans su bmitted for plan check review and approval by the aforementioned City officials. 6. Noncompliance with the plans, provisions and conditions of approval for MUP 19-13 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 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 Monday, March 1, 2021. Approval of Minor Use Permit No. MUP 18-08 and ADR 18-21 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 Acceptanc e Form is due now and if it is not received by March 18, 2021, this approval will become null and void. This approval shall expire in one year (March 2, 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 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. 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. MUP No. 18-08 & ADR 18-21 114 La Porte Street 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: GS 3475 Peck, LLC, Property owner Jon Matson, Architect MUP No. 18-08 & ADR 18-21 114 La Porte Street 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 operation of a major auto vehicle repair use within a proposed 3,425 square foot commercial building is consistent with the Commercial land use designation, which is intended to permit a wide range of commercial, which serve both neighborhood and citywide markets. The proposed business will provide additional vehicle repair services that will be available to the general public. The use will also be consistent with other similar businesses in the surrounding neighborhood, and 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 applicab le zone and complies with all other applicable provisions of the Development Code and Municipal Code. The zoning of the site is Commercial Manufacturing (CM) and the Arcadia Development Code Section 9102.05.020 allows major vehicle repair, including auto paint shops in the CM 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 major vehicle repair use will be located within a proposed 3,425 square foot commercial building. The proposed building will be constructed for this specific use; therefore, it will be adequate in size to accommodate the proposed business. The proposed business hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, will be compatible with the similar uses in the surrounding neighborhood. Lastly, any expansion in the hours may require an amendment to this approval. Therefore, the proposed major vehicle repair use will be compatible with the existing and future land uses in the vicinity. ☒ ☐ MUP No. 18-08 & ADR 18-21 114 La Porte Street 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 major vehicle repair business will be located within a proposed commercial building. The existing structures on the subject site will be demolished to accommodate the new development. All work for the proposed use will be performed within the proposed building. Parking, compliant with the Development Code, for the proposed use will be provided on the subject site. In addition, the site is located along La Porte Street, which is adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Lastly, the proposed use 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 major vehicle repair business will be located within a proposed commercial building, in the CM Zone. The proposed hours of operation will be compatible with other existing vehicle repair businesses in the area. The proposed use will provide additional vehicle repair services for the residents in the area and the general public. The business will be located within a proposed commercial building designed to accommodate the proposed use; therefore, the building and site are both adequate to accommodate the proposed use. Conditions of approval, such as limiting all work to the inside of the building, and allowing for periodic inspections to ensure the operation of the business is not impacting the adjacent businesses, have been included as part of the approval. In addition, the proposed business qualifies as a Class 32 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines as an infill development. Therefore, the proposed use will not impact the public convenience, health, interest, safety of general welfare, will not ☒ ☐ MUP No. 18-08 & ADR 18-21 114 La Porte Street constitute a nuisance or be materially injurious to the community, and will not be out of character with uses in the general area.