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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 September 9, 2021 Michael Anthony Tomas 5234 Bartlett Avenue San Gabriel CA 91776 Subject: Minor Use Permit No. MUP 21-10 and Minor Administrative Modification No. Minor AM 21-19 Project Address 500 E. Live Oak Avenue (dba: Kim’s Hapkido) Dear Mr. Tomas: The public comment period for Minor Use Permit No. MUP 21-10 and Minor Administrative Modification No. Minor AM 21-19 ended on September 8, 2021. Staff did not receive any comments during the public comment period. On September 9, 2021, the Development Services Department conditionally approved the Minor Use Permit and Minor Administrative Modification to allow the operation of a new martial arts studio with less than the required parking spaces located at 500 E. Live Oak Avenue (dba: Kim’s Hapkido). The project is subject to the conditions of approval listed below. The proposed martial arts studio will be located within the General Commercial (C-G) Zone. It will occupy a tenant space within an existing one-story multi-tenant commercial building. The proposed hours of operation are Monday through Friday, 3:00 PM to 9:00 PM and Saturday, 10:00 AM to 1:00 PM. A maximum of one instructor and five students will be on-site at any given time. 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. 2. 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. 3. 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. Sent via e-mail and mail MUP No. 21-10 500 E. Live Oak Avenue 4. 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. 5. 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 medical) access; public protection, and provisions of utilities. 6. 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). According to Arcadia Development Code Section 9107.05.050, it states that an Administrative Modification may be approved if at least one of the following findings can be made. 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. The request is to allow a new martial arts studio to operate in a tenant space within a multi-tenant commercial building that is 1,110 square feet in size and was previously occupied by a retail sales business, without providing additional parking spaces required for the use. The proposed martial arts studio will be located in a multi-tenant commercial building served by 24 existing parking spaces, whereas the change in use from retail to martial arts studio would require one additional parking space. Approval of the requested Minor Administrative Modification to reduce the parking requirement for the proposed use by one parking space will help to secure an appropriate improvement to the lot to help activate the center. A parking count analysis was provided by the Applicant, Michael Tomas, that showed there will be adequate parking available on-site during the proposed hours of operation of the martial arts studio and the two existing parking lots are collectively at 67 percent capacity during the peak period. The existing uses on-site appear to complement each other with off-setting peak parking periods and based on both the Applicant’s and Planning staff’s observations, the current parking usage for this center is very low. Additionally, the MUP No. 21-10 500 E. Live Oak Avenue estimated parking demand based on the Applicant’s proposed business operation would only require 6 parking spaces, which is lower than the Code requirement of 7 parking spaces for this use. Therefore, there is adequate parking available on-site to serve the proposed use. The proposed martial arts studio is compatible with the existing uses within this center. 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 Applicant/Property Owner shall provide signage on the property that indicates there is additional parking at the rear of the building. The location, size, and design of the signage is subject to review and approval by Planning Services. 2. Hours of operation shall be limited to Monday through Friday, 3:00 PM to 9:00 PM and Saturday, 10:00 AM to 1:00 PM. Any expansion in the hours may require an amendment to this approval. 3. A maximum of one instructor and 5 students may be on-site at any given time. 4. Classes and workshops shall be confined to the interior of the building. No classes or other activities are permitted on the property outside of the building. 5. All signage, including window signs, shall be in conformance with the City of Arcadia Development Code and shall require review and approval of the Planning Services. 6. 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. 7. 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. 8. Noncompliance with the plans, provisions and conditions of approval for MUP 21-10 shall be grounds for immediate suspension or revocation of any approvals. 9. 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, MUP No. 21-10 500 E. Live Oak Avenue 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 21-10 (“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 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, September 20, 2021. Approval of Minor Use Permit No. MUP 21-10 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 October 10, 2021, this approval will become null and void. MUP No. 21-10 500 E. Live Oak Avenue This approval shall expire in one year (September 21, 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 any 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) 574-5447 or by email at CSong@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Christine Song Associate Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Wong Family Association Investment, Property Owner MUP No. 21-10 500 E. Live Oak Avenue 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. The proposed martial arts studio use is consistent with the Commercial General Plan land use designation, which is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The martial arts studio will provide an additional activity service that will be available to the residents and the general public. In addition, the use will not adversely affect the comprehensive General Plan or any applicable specific plan. ☒ ☐ 2. 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 zoning of the site is General Commercial (CG) and the Arcadia Development Code Section 9102.03.020 allows Small Health/Fitness facilities in the CG Zone subject to approval of a Minor Use Permit. Therefore, the proposed martial arts studio will be in compliance all applicable provisions of the Development and Municipal Code. ☒ ☐ 3. 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 martial arts studio will be located in a tenant space within an existing one-story commercial building on E. Live Oak Avenue. The tenant space and building are adequate in size to accommodate the proposed use. In addition, the use, and the proposed hours of operation, will be compatible with similar commercial uses within the existing building and others along this portion of E. Live Oak Avenue. Lastly, any expansion in the hours or number of students may require an amendment to this approval. Therefore, the proposed martial arts studio will be compatible with the existing and future land uses in the vicinity. ☒ ☐ MUP No. 21-10 500 E. Live Oak Avenue 4. 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 medical) access; public protection, and provisions of utilities. The proposed martial arts studio will be located in a tenant space within an existing one-story commercial building on E. Live Oak Avenue. The building and site are adequate in size to accommodate the proposed use. Parking for the proposed use will be provided on the subject site. A Parking Modification is required because the proposed martial arts studio requires one additional parking space than the previous retail use at this location. The Applicant provided a parking count that shows, although the existing parking spaces do not meet the current Code requirement, the on-site parking usage is very low for the existing uses in this center. Also, the existing uses at this location complement each other with off-setting peak parking times. Based on the estimated parking demand from the Applicant’s proposed business operations, a total of 6 parking spaces would be needed, which is lower than the Code requirement of 7 spaces. No exterior improvements are required to accommodate the use. In addition, the site is located at the intersection of E. Live Oak Avenue and Lenore Avenue, which are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Lastly, the proposed martial arts studio will be serviced by existing fire and police protection services, and existing utilities. Therefore, no impacts are anticipated from the proposed use. ☒ ☐ 5. 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 martial arts studio is compatible with other uses allowed in the CG Zone and will benefit the neighborhood and environment by providing services to local residents and visitors. The proposed hours of operation will be compatible with existing service and retail businesses in the immediate area. The subject building and site are adequate in size to accommodate the proposed use. In addition, the proposed business qualifies as a Class 1 Categorical Exemption from the requirements of the ☒ ☐ MUP No. 21-10 500 E. Live Oak Avenue California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as 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.