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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 July 20, 2021 Jordan Zhou 115 La Porte Arcaida, CA 91006 Subject: Minor Use Permit No. MUP 20-07 Project Address 115 La Porte Street Dear Mr. Zhou: The public comment period for Minor Use Permit No. MUP 20-07 ended on May 20, 2021. Staff did not receive any comments during the public comment period. However, this application was placed on hold until all the outstanding violations were corrected and all the fines were paid for the non-permitted operation that you had conducted on this property. All of these were corrected on June 17, 2021. The Development Services Department has conditionally approved the Minor Use Permit, to allow the operation of a major auto repair business to include auto body repair, vehicle sanding and primer, waterless car wash detailing and insurance estimates at 115 La Porte Street. However, the City will terminate this MUP and revoke the business license should the same or similar violations occur, or the use is not incompliance with the approved Minor Use Permit, as stated in the conditions of approval below. The project is subject to the conditions of approval listed below. The proposed major auto repair business will be located within the Commercial Manufacturing (C-M) Zone. It will occupy an existing commercial space within the Arcadia Downtown. The proposed hours of operation are from 10:00 a.m. to 6:00 p.m. Monday through Friday, and from 10:00 a.m. to 4:00 p.m. on 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; and is allowed within the applicable zone, subject to the granting of a Minor Use Permit, 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. MUP No. 20-07 115 La Porte Street 3. That the site is physically suitable in terms: a. Its design, location, shape, size, and operating characteristics of the proposed use, site improvements, loading, and parking; b. Streets and highways are adequate to accommodate public an emergency vehicle (e.g., fire and medical) access; c. Public protection services (e.g., fire protection, police protection, etc.); and d. The provisions of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being 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. While Staff can make the required findings to approve the Minor Use Permit for the major auto repair business, and there are no outstanding violations, as stated above, any future violations will be subject to immediate revocation of the Minor Use Permit and the business license. The City has issued six violations for the unpermitted storage of vehicles, and for the operation of a vehicles sales business at the subject site, both of which are not allowed by the Development Code. Therefore, conditions of approval have been included to ensure that the major auto repair business will be operated in compliance with all City regulations, including no storage of vehicles that are not actively being repaired/serviced by the major auto repair business. Any future violations or noncompliance with any of the following conditions of approval will be subject to revocation of the Minor Use Permit and the business license. Conditions of Approval 1. This Minor Use Permit shall be periodically monitored to ensure that it is being operated in a manner consistent with City regulations and with 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, or that vehicles, that are not actively being repaired/serviced by the major auto repair business, are not being stored at the subject site. The Planning Service Department may request copies of vehicle work orders to confirm that vehicles at the subject site are being repaired/serviced by the business. Any future violations not related to the major auto repair, or transaction of vehicles sales shall be subject to immediate revocation of the Minor Use Permit and the business license per Development Code Section 9108.09.040, and Municipal Code Section 6216.7, respectively. MUP No. 20-07 115 La Porte Street 2. No vehicles sales are permitted with this approval. 3. A City business license is required for this business, and the Applicant cannot open its business until the business license has been approved. 4. A building permit is required for the installation of the mechanical lift. The Applicant shall not receive a final building permit signature from the Building Division for the installation of the mechanical lift and a City business license until the installation of the mechanical lift has been verified by the Planning Services Department. 5. The hours of operation shall be limited to 10:00 a.m. to 6:00 p.m., Monday through Friday, and from 10:00 a.m. to 4:00 p.m. on Saturday. Any expansion in the hours may require an amendment to this approval. 6. The business shall be limited to auto body repair, vehicle sanding, vehicle primer, waterless car wash detailing and insurance estimates. 7. No auto painting shall be allowed with this approval. 8. All vehicle repairs shall be conducted within the service bays inside the building. 9. The car wash detailing component of the business shall utilize waterless chemicals, and may be performed within the service bays and/or outside within the existing parking areas at the rear. 10. Vehicles shall not be parked in a manner that blocks access to and from the service bays or the parking spaces at the rear of the site. 11. All exterior signage, including window signs for this business shall be subject to a separate sign permit from the City. 12. 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. 13. Noncompliance with the plans, provisions and conditions of approval for MUP 20-07 shall be grounds for immediate suspension or revocation of any approvals. 14. 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 MUP 20-07 (“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. MUP No. 20-07 115 La Porte Street 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 f unds 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, August 2, 2021. Approval of Minor Use Permit No. MUP 20-07 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 Acceptance Form is due now and if it is not received by August 20, 2021, this approval will become null and void. This approval shall expire in one year (August 3, 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. 20-07 115 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: David Huang, Architect/Applicant YHL Investment, Property Owner Lisa Flores, Planning & Community Development Administrator Amber Abeyta, Business License Officer MUP No. 20-07 115 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; and is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and complies with all other applicable provisions of the Development Code and Municipal Code. The proposed major auto repair business is consistent with the Commercial land use designation, which is intended to encourage uses that provide a variety of neighborhood-serving commercial uses. The auto repair business will complement the existing uses in the area and will provide additional services to the residents in the Downtown and the general public. The zoning of the site is Commercial Manufacturing (C-M) and the Arcadia Development Code Section 9102.05.020 allows Major Vehicle Repairs in the C-M 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. In addition, the use will not adversely affect the comprehensive General Plan or any applicable 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 major auto repair business will be located within an existing commercial building. The building is adequate in size to accommodate the proposed use. In addition, the use, and the proposed hours of operation, will be compatible with the adjacent vehicle repair businesses in the surrounding neighborhood. Therefore, the proposed major auto repair business will be compatible with the existing and future land uses in the vicinity. ☒ ☐ 3. That the site is physically suitable in terms: a. Its design, location, shape, size, and operating characteristics of the proposed use, site improvements, loading, and parking; The proposed major auto repair business will be located within an existing commercial building. The building is adequate in size to accommodate the proposed use. The proposed hours of operation, will be compatible with the adjacent vehicle repair businesses in the surrounding neighborhood. Vehicles will be serviced/repaired within the service bays inside the building, and storage of vehicles that are not actively being ☒ ☐ MUP No. 20-07 115 La Porte Street serviced/repaired by the major auto repair business is allowed. In addition, code-compliant parking for the proposed use will be provided on site. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; The site is located on La Porte Street which is adequate to accommodate public and emergency vehicles. c. Public protection services (e.g., fire protection, police protection, etc.); and The proposed use will be located within an existing commercial building that is currently being serviced by existing public protection services. Therefore, approval of the proposed major auto repair business will not impact public protection services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). The proposed use will be located within an existing commercial building that is currently being serviced by existing utilities. Therefore, approval of the proposed major auto repair business will not impact the provision of utilities. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being 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 auto repair business will be located within an existing commercial building, in the C-M Zone. The proposed hours of operation will be compatible with the existing businesses in the immediate area, including the similar vehicle repair businesses. The major auto repair business will provide additional opportunities for vehicle repairs for the residents in the area and the general public. The existing building is adequate in size to accommodate the proposed use, and allow for all the proposed work to be completed inside. Conditions of approval, such as limiting activities to the inside of the building and allowing for periodic inspections to ensure vehicles that are not actively being repaired by the major auto repair business are not being stored at the subject, no vehicle sales, and that the operation of the major auto repair business is not impacting the adjacent uses. In addition, the proposed business qualifies as a Class 1 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as ☒ ☐ MUP No. 20-07 115 La Porte Street an existing facility. Therefore, the proposed use 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.