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 23, 2021
Ryan Ybarra
10980 Boatman Ave
Stanton, CA 90680
SUBJECT: Minor Use Permit No. MUP 21-09 & Sign Architectural Design
Review No. SADR 21-08
PROJECT ADDRESS: 3 E. Duarte Road (dba: World Oil)
Dear Mr. Ybarra:
The public comment period for Minor Use Permit No. MUP 21-09 & Sign
Architectural Review Board No. SADR 21-08 ended on July 19, 2021. Staff
did not receive any comments during the public comment period . On July 23,
2021, the Development Services Department conditionally approved the
Minor Use Permit and Sign Architectural Design Review to allow the
conversion of an existing monument sign into a double-sided electronic
changeable copy monument sign, the replacement of three (3) existing
canopy signs, and the installation of one (1) new wall sign at 3 E. Duarte
Road (dba: World Oil). The project is subject to the conditions of approval
listed below.
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 Mi nor
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.
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
MUP 21-09 & SADR 21-08
3 E. Duarte Road
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 pu blic
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 installation of
on-premise signs, from the requirements of the California Environmental Quality Act
(CEQA) under Section 15311(a) of the CEQA Guidelines.
Conditions of Approval
1. 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.
2. Noncompliance with the plans, provisions and conditions of approval for MUP 21-09
& SADR 21-08 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, ag ents,
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 21 -09 & SADR 21-08 (“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
MUP 21-09 & SADR 21-08
3 E. Duarte Road
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 inte rpretation
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’ n otice 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 Att orney. 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, August 2, 2021.
Approval of Minor Use Permit No. MUP 21-09 & SADR 21-08 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 23, 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.
MUP 21-09 & SADR 21-08
3 E. Duarte Road
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 -
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
Approved Plans
Acceptance Form
c: Helen Myers, Property Owner
Lisa Flores, Planning & Community Development Administrator
MUP 21-09 & SADR 21-08
3 E. Duarte Road
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 conversion of an existing monument sign into a double-
sided electronic changeable monument sign, the replacement of three
(3) existing canopy signs, and the installation of one (1) wall sign for
an existing service station and convenience store will be compatible
with the Commercial land use designation of the subject site. The
zoning of the site is General Commercial (C-G) and the Arcadia
Development Code Section 9103.11.070 allows electronic changeable
monument signs in the C-G zone subject to approval of a Minor Use
Permit. Therefore, the proposed sign improvements will be in
compliance with all applicable provisions of the Development and
Municipal Code.
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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 conversion of an existing monument sign into a double-
sided electronic changeable monument sign, the replacement of three
(3) existing canopy signs, and the installation of one (1) wall sign for
an existing service station and convenience store will be compatible
with existing and future service stations in the vicinity. In addition, the
improvements will be limited to signage improvements, which will not
change the current operating characteristics of the existing service
station.
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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 request includes the conversion of an existing monument
sign into a double-sided electronic changeable monument sign,
replacement of three (3) canopy signs, and the installation of
one (1) new wall sign for an existing service station. The
proposed signs will not alter the operation of the business, nor
will they change or impact loading or parking for the subject site.
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MUP 21-09 & SADR 21-08
3 E. Duarte Road
b. Streets and highways adequate to accommodate public and
emergency vehicle (e.g., fire and medical) access;
The site is located at the intersection of E. Duarte Road and S.
Santa Anita Avenue, both of which are adequate to
accommodate public and emergency vehicles.
c. Public protection services (e.g., fire protection, police protection,
etc.); and
The conversion of an existing monument sign into a double-
sided electronic changeable monument sign, replacement of
three (3) existing canopy signs, and the installation of one (1)
wall sign will be for an existing service station that is currently
being serviced by existing public protection services. Therefore,
approval of the minor use permit 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 sign improvements will be for an existing service
station that is currently being serviced by existing utilities.
Therefore, approval of the minor use permit 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 sign improvements will be designed and located in a
manner that will be adequate for the subject site, and compliant with
the Development Code. The existing monument sign’s location or
dimensions will not be altered and just retrofitted to accommodate the
electrical components. The proposed installation qualifies as a Class 1
Categorical Exemption from the requirements of the California
Environmental Quality Act (CEQA) under Section 15311(a) of the
CEQA Guidelines for the installation of on-premise signage. Therefore,
approval of the minor use will not impact 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.
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