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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 June 14, 2021 SENT VIA EMAIL Daniel Wu 2 La Porte Street Arcadia, CA 91006 SUBJECT: Minor Use Permit No. MUP 21-05 PROJECT ADDRESS: 57 Wheeler Avenue, Unit G (d.b.a.: Universal Bank) Dear Mr. Wu, The public comment period for Minor Use Permit No. MUP 21-05 ended on June 7, 2021. Staff did not receive any comments during the public comment period nor was a public hearing requested for the application. The Development Services Department has conditionally approved the Minor Use Permit to allow a new full service bank (d.b.a.: Universal Bank) with an exterior ATM and night depository at 57 Wheeler Avenue, Unit G. This approval is subject to the conditions of approval listed below. The proposed bank will occupy a 3,245 square foot unit within a newly constructed mixed-use development. The unit is located on the ground floor with direct access from Wheeler Avenue. The bank will operate Monday to Thursday from 9:00 a.m. to 4:00 p.m., Friday from 9:00 a.m. to 5:00 p.m., and Saturday from 10:00 a.m. to 2:00 p.m. The bank will be closed on Sundays. 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 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. 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. MUP No. 21-05 57 Wheeler Avenue, Unit G 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 as a use within an existing facility from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. In addition, the project is subject to the following conditions. Conditions of Approval 1. All signage, including window signs, must comply with the sign program for the 57 Wheeler mixed-use development. A Sign Architectural Design Review application shall be processed with Planning Services, and a permit shall be obtain with Building Services prior to installation. 2. Noncompliance with the plans, provisions and conditions of approval for MUP 21-05 shall be grounds for immediate suspension or revocation of any approvals. 3. 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. 4. 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 21-05 (“Project”) on the Project site, and 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 MUP No. 21-05 57 Wheeler Avenue, Unit G 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 Thursday, June 24, 2021. Approval of Minor Use Permit No. MUP 21-05 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 14, 2021, this approval will become null and void. This approval shall expire in one year (June 25, 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. 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 MUP No. 21-05 57 Wheeler Avenue, Unit G Vanessa Quiroz Associate Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Lisa Flores, Planning & Community Development Administrator MUP No. 21-05 57 Wheeler Avenue, Unit G 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 proposed bank is consistent with the Mixed Use land use designation of the site, which provides opportunities for commercial and residential mixed-use developments, and supports commercial uses that integrate well with residential activity. The proposed bank is also in compliance with the zoning of the site. The Downtown Mixed Use (DMU) under Development Code Section 9102.05.020 allows financial institutions and related services in the DMU Zone subject to a Minor Use Permit. Therefore, the proposed bank will be in compliance with all applicable provisions of the Development and Municipal Code, and will not adversely affect the comprehensive General Plan or any Specific 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 bank will occupy a vacant unit measuring approximately 3,245 square feet in floor area within a newly constructed mixed-use development. The bank is an institution that will provide a financial service to the general public and to surrounding Arcadia residents and businesses. The bank will be compatible and will complement surrounding financial, professional, and medical offices in the area. The bank will have similar hours of operation as other surrounding commercial and offices uses. Therefore, the operating characteristics of the bank 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 and emergency vehicle (e.g., fire and police protection) access; public protection, and provisions of utilities. ☒ ☐ MUP No. 21-05 57 Wheeler Avenue, Unit G The proposed bank will occupy a unit of a newly constructed mixed- use development which is physically suitable to accommodate the use in terms of size, shape, design and location. The subject site is located at the northwest corner of Wheeler Avenue and N. First Avenue, both of which are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Parking for the use will be provided on site within the mixed-use development, and there is adequate parking for the proposed bank and other commercial uses within the mixed-use development. The proposed bank will be served by the City’s Fire and Police protection services, and all newly connected utilities within the structure are adequate to serve the new business. Therefore, no impacts are anticipated from the proposed use. 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 proposed bank will be compatible with the other businesses and professional uses allowed in the DMU Zone, and will provide a financial service to local residents, surrounding businesses, and the public in general. The proposed hours of operation will be similar to other commercial uses in the area. The proposed business qualifies as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as a use within an existing facility. The site has sufficient parking available on site to serve the employees and customers of the bank as well as the other commercial uses within the mixed-use development. Therefore, the proposed bank 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. ☒ ☐ CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 6/13/21 APPLICATION NO.: Minor Use Permit No. MUP 21-05 SUBJECT PROPERTY: 57 Wheeler Avenue, Unit G I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this 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 14, 2021), this approval will become null and void and all fees will be forfeited.