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
October 15, 2021
Shirley Lin Flores
1130 S. 1st Avenue
Arcadia, CA 91006
Subject: Minor Use Permit No. MUP 21-01
Project Address: 1130 S. 1st Avenue
Dear Ms. Flores:
The public comment period for Minor Use Permit No. MUP 21-01 ended
on October 11, 2021. Staff received five (5) comments during the public
comment period about the noise and visual impacts of the project. On
October 14, 2021, after much consideration, the Development Services
Department conditionally approved the Minor Use Permit to legalize an
unpermitted 38’ x 76’ tennis court for private residential use with six (6)
tennis court lights located at 1130 S. 1st Avenue. 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.
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.
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
MUP No. 21-01
1130 S. 1st Avenue
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).
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 project shall be developed and maintained by the Owner/Applicant in a
manner that is consistent with the plans submitted and conditionally approved
for MUP 21-01, subject to the satisfaction of the Planning & Community
Development Administrator or designee.
2. The existing unpermitted tennis court lights shall be replaced with the lighting
fixture model shown on the plans by November 5, 2021.
3. The tennis court lights shall not be turned on or left on between the hours of
11:00 PM and 6:00 AM Sunday through Thursday, and between 12:00 midnight
and 6:00 AM Friday and Saturday.
4. 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.
5. 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.
6. Noncompliance with the plans, provisions and conditions of approval for MUP
21-10 shall be grounds for immediate suspension or revocation of any
approvals.
MUP No. 21-01
1130 S. 1st Avenue
7. 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 21-01 (“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 Tuesday, October 26, 2021.
MUP No. 21-01
1130 S. 1st Avenue
Approval of Minor Use Permit No. MUP 21-01 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 November 29, 2021, this approval will
become null and void.
This approval shall expire in one year (October 27, 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: Victor and Tran Lam, Property Owner
Kristin Macklin, Neighbor
Kirk Olsen, Neighbor
John and Eve Pang, Neighbor
Alfred Shen, Neighbor
MUP No. 21-01
1130 S. 1st 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 tennis court use is consistent with the Low Density
Residential General Plan land use designation, which is intended to
permit single family residences and related recreational uses. The tennis
court is for private use on the subject property and will not adversely
affect the comprehensive General Plan or any applicable specific plan.
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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 R-1 (7,500) and the Arcadia Development Code
Section 9102.01.020 allows Sport Courts in the R-1 Zone by right. The
proposed tennis court provides greater setbacks than what is required
and complies with the fencing and lighting requirements in the Code.
Therefore, the tennis court 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 tennis court will be located at the rear of the subject lot,
which is 28,020 square feet in size. The subject lot is adequate in size to
accommodate the proposed use. The tennis court will be enclosed by 5’-
0” tall fencing with a windscreen and will have six (6) lights that are 12’-
0” tall. The lights will be installed with aluminum shields that will block
any potential glare onto adjacent properties, based on a photometric
light analysis. Tennis courts are a common recreational use found on
many residential properties. Staff identified four (4) other properties with
sports courts along this portion of 1st Avenue, so there is an established
pattern of development in the neighborhood. Therefore, the proposed
tennis court will be compatible with the existing and future land uses in
the vicinity.
☒ ☐
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
☒ ☐
MUP No. 21-01
1130 S. 1st Avenue
provisions of utilities.
The proposed tennis court will be located on an R-1 zoned lot on S. 1st
Avenue. The site is adequate in size to accommodate the proposed use
in the rear yard. The proposed 5’-0” tall fencing for the tennis court will
be located at least 10’-0” away from the north side property line and 12’-
0” away from the rear property line. The proposed 12’-0” tall tennis court
lights will also be located at least 10’-0” away from the north side
property line and 28’-0” away from rear property line. In addition, the site
is located at the intersection of S. 1st Avenue and E. Magna Vista
Avenue, which are adequate in width and pavement type to carry
emergency vehicles and traffic generated by the proposed use. Lastly,
the proposed tennis court will be located on a single-family residential
property that is 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 tennis court and lights are compatible with other
properties in the R-1 zone within the general vicinity as this is a common
recreational use found on residential properties and there are four (4)
existing sport courts on other properties located along this portion of 1st
Avenue. The tennis court lights can only be turned on during limited
approved hours (per the conditions of approval) and will be installed with
aluminum shields to mitigate any visual impacts to surrounding
neighbors. The subject site is adequate in size to accommodate the
proposed use. In addition, the proposed use 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 a minor addition to an existing property. 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.
☒ ☐