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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 August 23, 2021 Citizens Business Bank 9337 Milliken Avenue Rancho Cucamonga, CA 91730 Subject: Minor Use Permit No. MUP 21-12 Project Address: 55 E. Huntington Drive, Suite 100 (d.b.a.: Citizens Business Bank) Dear Applicant: The public comment period for Minor Use Permit No. MUP 21-12 ended on August 11, 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.: Citizens Business Bank) with an exterior ATM and night depository at 55 E. Huntington Drive, Suite 100. This approval is subject to the conditions of approval listed below. The proposed bank will occupy a 3,448 square foot unit within an existing commercial building. The unit is located on the ground floor with direct access from 1st Avenue. The bank will operate Monday to Friday from 11:00 a.m. to 5:00 p.m. The bank will be closed on Saturdays and 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 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. 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 and emergency vehicles (e.g., fire and medical) access; MUP No. 21-12 55 E. Huntington Drive, Suite 100 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. Conditions of Approval 1. The approved hours of operation shall be limited to 11:00 a.m. to 5:00 p.m., Monday to Friday. The bank will be closed on Saturdays and Sundays. 2. 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. 3. Noncompliance with the plans, provisions and conditions of approval for MUP 21-12 shall be grounds for immediate suspension or revocation of any approvals. 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. 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 21-12 (“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, MUP No. 21-12 55 E. Huntington Drive, Suite 100 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 $630.00 appeal fee by 5:30 p.m. on Thursday, September 2, 2021. Approval of Minor Use Permit No. MUP 21-12 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 September 23, 2021, this approval will become null and void. This approval shall expire in one year (September 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. 21-12 55 E. Huntington Drive, Suite 100 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: Foothill Mountain View Office Plaza, L.P., Property Owner Lisa Flores, Planning & Community Development Administrator MUP No. 21-12 55 E. Huntington Drive, Suite 100 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 bank is consistent with the Commercial land use designation of the site. This Commercial designation, located within the City’s Downtown area 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 Central Business District (CBD) zoning of the site. Development Code Section 9102.05.020 allows financial institutions and related services in the CBD 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 3,448 square foot ground floor unit within an existing commercial building. The bank will provide services such as checking, savings and business loans for businesses. The bank will be compatible with existing professional offices and financial institutions within and adjacent to the Downtown Area. The bank’s operating hours will be compatible with office and commercial uses in the surrounding neighborhood. Therefore, the proposed bank and its operating characteristics 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 bank will be located within an existing commercial building. The building and unit are adequate in size to accommodate the proposed use. The proposed hours of ☒ ☐ MUP No. 21-12 55 E. Huntington Drive, Suite 100 operation, will be compatible with other office and commercial businesses in the surrounding neighborhood. b. Streets and highways adequate to accommodate public an d emergency vehicle (e.g., fire and medical) access; The site is located at the northwest corner of Huntington Drive and 1st 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 proposed bank will be located within an existing commercial building that is currently being serviced by existing public protection services. Therefore, approval to operate a bank at this location 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 bank will be located within an existing commercial building that is currently being serviced by existing utilities. Therefore, approval of the proposed bank 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 bank will be located within an existing commercial building in the Central Business District (CBD) Zone. The proposed hours of operation will be compatible with the existing businesses in the immediate area, including businesses in the existing commercial building where the bank will be located. The bank will provide banking services for businesses within Arcadia and surrounding areas. The existing building and unit are adequate in size to accommodate the proposed use. 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 an existing facility. 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. ☒ ☐ MUP No. 21-12 55 E. Huntington Drive, Suite 100