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HomeMy WebLinkAboutDecision LetterCity 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 29, 2021 Thomas Houck 452 W. Virginia Road Glendora, CA 91741 Subject: Minor Use Permit No. MUP 21-11 Project Address: 8 E. Duarte Road (dba: Sofit Socal) Dear Mr. Houck: The public comment period for Minor Use Permit No. MUP 21-11 ended on September 27, 2021. Staff did not receive any comments during the public comment period. On September 29, 2021, the Development Services Department conditionally approved the Minor Use Permit to allow the operation of a new personal training studio located at 8 E. Duarte Road (dba: Sofit Socal). The project is subject to the conditions of approval listed below. The proposed personal training studio will be located within the General Commercial (C-G) Zone. It will occupy an existing unit located within a multi- tenant commercial building. The approved hours of operation are Monday through Friday, from 7:00 AM to 9:00 PM, and Saturday and Sunday from 7:00 AM to 2:00 PM. A maximum of six people 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, 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. Sent Via Email MUP No. 21-11 8 E. Duarte Road 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. 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. Hours of operation shall be limited to Monday through Friday, from 7:00 AM to 9:00 PM, and Saturday and Sunday from 7:00 AM to 2:00 PM. Any expansion in the hours may require an amendment to this approval. 2. A maximum of six people may be on-site at any given time. 3. Exercise by customers shall be confined to the interior of the building. No classes, training or other activities are permitted on the property outside the building. 4. Matting shall be installed in the work out areas to minimize the noise related to dropping of weights. 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. One (1) Automated External Defibrillator (AED) shall be installed on site at the business. 7. 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. 8. 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. 9. Noncompliance with the plans, provisions and conditions of approval for MUP 21-11 shall be grounds for immediate suspension or revocation of any approvals. MUP No. 21-11 8 E. Duarte Road 10. 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 21-11 (“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 $630.00 appeal fee by 5:30 p.m. on Monday, October 11, 2021. Approval of Minor Use Permit No. MUP 21-11 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 29, 2021, this approval will become null and void. MUP No. 21-11 8 E. Duarte Road This approval shall expire in one year (October 12, 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- 5441 or by email at jbrogan@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Gaetano D’Aguino, Property Owner MUP No. 21-11 8 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 that a 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 personal training use is consistent with the Commercial land use designation, which is intended to encourage a variety of retail and service uses, restaurants, and neighborhood- serving commercial uses that can also serve citywide markets. The proposed personal training use is also in compliance with the General Commercial (C-G) Zone and the Arcadia Development Code Section 9102.03.020, which allows small fitness facilities in the C-G Zone subject to approval of a Minor Use Permit. The personal training studio will provide fitness services that will complement the residential uses in the surrounding area and provide services to the general public. Therefore, the proposed use 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 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 small fitness facility will be located within an existing unit within a commercial building. The unit is adequate in size to accommodate the proposed use. In addition, the use, and the proposed hours of operation, will be compatible with existing businesses in the surrounding area. Any expansion in the hours may require an amendment to this approval. ☒ ☐ 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 ☒ ☐ MUP No. 21-11 8 E. Duarte Road accommodate public and emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. The existing commercial building is located on E. Duarte Road, which is adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Parking for the proposed use will be provided on the subject site. The proposed facility will also be serviced by existing fire and police protection services, and existing utilities. 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 small fitness facility is compatible with the other uses allowed in the C-G Zone and will benefit the neighborhood and environment. The use will provide a recreational activity for residents and promote a healthy and active lifestyle. The project 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 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. ☒ ☐ CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 9/29/21 APPLICATION NO.: Minor Use Permit No. MUP 21-11 SUBJECT PROPERTY: 8 E. Duarte Road (dba: Sofit Socal) 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 ap plication(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 (October 29, 2021), this approval will become null and void and all fees will be forfeited.