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HomeMy WebLinkAboutAmended Decision 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 June 8, 2021 Jerry Lin 660 W. Huntington Dr. Arcadia, CA 91007 SUBJECT: Minor Use Permit No. MUP 21-06 - Revised PROJECT ADDRESS: 1108 S. Baldwin Avenue, Suite B6 Dear Mr. Lin, The public comment period for Minor Use Permit No. MUP 21-06 ended on May 25, 2021. Staff did not receive any comments during the public comment period. The Development Services Department has conditionally approved the Minor Use Permit to allow the sale of alcoholic beverages for on-site consumption for the Sushi Yen restaurant at 1108 S. Baldwin Avenue, Suite B6. The decision letter for this application was initially issued on June 3, 2021, however, changes have been made to reflect the latest required findings for a Minor Use Permit application and to include one of the required findings that was inadvertently missing from the attachment of the previous decision letter. Thus, a revised decision letter has been issued for this application. This approval is subject to the conditions of approval listed below. Approval of the Minor Use Permit is to allow the restaurant to sale and serve beer and wine for on-site consumption. The business is located within the Baldwin Plaza Shopping Center. The proposed business hours are from 11:30 AM to 9:30 PM, Monday through Thursday, and 11:30 AM to 10:00 PM on Fridays and Saturdays. The business will be closed on Sundays. The parking requirement for the restaurant will remain the same; therefore, no additional parking is required by Code. 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 and 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. 2. 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. 3. 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. MUP No. 21-06 1108 S. Baldwin Avenue, Suite B6 4. 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. The approved hours of operation shall be limited to 11:30 AM to 9:30 PM, Sunday through Thursday, and 11:30 AM to 10:00 PM on Fridays and Saturdays. The business will be closed on Sundays. 2. 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. 3. The use approved by Minor Use Permit No. MUP 21-06 is limited to beer and wine service as part of a full service restaurant. The restaurant shall operate and be maintained in a manner that is consistent with the proposal and ap proval, and shall be subject to periodic inspections, after which the provisions of this Minor Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 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 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. 5. Noncompliance with the plans, provisions and conditions of approval for MUP 21-06 shall be grounds for immediate suspension or revocation of any approvals. 6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Minor Use Permit No. MUP 21-06 (“Project”) on the Project site, and MUP No. 21-06 1108 S. Baldwin Avenue, Suite B6 which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 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, June 21, 2021. City Hall will be closed on Friday, June 18, 2021. Approval of Minor Use Permit No. MUP 21-06 shall not be in 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 July 8, 2021, this approval will become null and void. This approval shall expire in one year (June 22, 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. MUP No. 21-06 1108 S. Baldwin Avenue, Suite B6 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- 5422 or by email at vquiroz@ArcadiaCA.gov Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Vanessa Quiroz Associate Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: YS Group, Business Owner SOO Properties, LLC. Property Owner Lisa Flores, Planning & Community Development Administrator MUP No. 21-06 1108 S. Baldwin Avenue, Suite B6 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, and 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 subject site has a Commercial Land Use designation that provides opportunities for a wide range of commercial uses, which serve both neighborhood and citywide markets. The zoning of the site is General Commercial (C-G) and Development Code Section 9102.03.020 allows a restaurant to serve alcohol beverages subject to a Minor Use Permit. The proposed sale of beer and wine is limited as an incidental use to the restaurant, which is the primary use that will also complement the existing uses within this commercial area along S. Baldwin Avenue and W. Duarte Road. The on-site sales, services, and consumption of beer and wine shall be limited within the interior of the restaurant. Therefore, the proposed use will be in compliance all applicable provisions of the Development Code and Municipal Code and the granting of the Minor Use Permit is consistent with the General Plan. ☒ ☐ 2. 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 sale of beer and wine, and on-site consumption in conjunction with the operation of a full service restaurant will be compatible with the existing and future land uses in the vicinity. The proposed full service restaurant will occupy an existing 2,274 restaurant tenant space. The proposed use will be an ancillary to the primary restaurant use and will serve to augment the overall dining experience and will be compatible with the existing commercial and service uses located within the shopping center and the surrounding commercial area. ☒ ☐ 3. 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 ☒ ☐ MUP No. 21-06 1108 S. Baldwin Avenue, Suite B6 emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. The proposed use for the sale of beer and wine, and on-site consumption in conjunction with a full service restaurant will occupy an existing tenant space within an existing shopping center. No additional parking or site improvements will be required for the proposed use. Parking for the proposed use will be provided through two parking lots on the site. The site can be accessed from S. Baldwin Avenue and from W. Duarte Road. These streets are adequate in width and pavement type to carry the traffic generated by the proposed restaurant and the other uses that occupy the site as well as any emergency services that may need to access the site. Thus, the site is physically suitable in size and shape to accommodate the restaurant with alcoholic beverage services. 4. 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 request is to allow an ancillary service as part of a restaurant business. The sale of beer and wine for on-site consumption is consistent with another surrounding restaurants along S. Baldwin and W. Duarte Road. The restaurant will be required to be in compliance with the California Department of Alcoholic Beverage Control (“ABC”) regulations. The Arcadia Police Department reviewed the application and did not have any concerns with the alcoholic beverage service. Therefore, the proposed use will not adversely affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject property. ☒ ☐