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
November 15, 2021
Daniel Diaz
1000 Corporate Center Drive
Suite 550
Monterey Park CA 91754
Subject: Minor Use Permit No. MUP 21-18, Major Administrative
Modification No. Major AM 21-12, and Architectural Design
Review No. ADR 21-15
Project Address 1326 S. Baldwin Avenue (dba: Little Provence)
Dear Mr. Diaz:
The public comment period for Minor Use Permit No. MUP 21-18, Major
Administrative Modification No. Major AM 21-12, and Architectural Design
Review No. ADR 21-15 ended on November 12, 2021. Staff did not
receive any comments during the public comment period. On November
15, 2021, the Development Services Department conditionally approved
the Minor Use Permit, Minor Administrative Modification, and Architectural
Design Review to allow the sale of alcoholic beverages for on-site
consumption (Type 41 ABC License) in conjunction with a new restaurant
with outdoor seating (24 seats) and less than the required parking on-site
located at 1326 S. Baldwin Avenue (dba: Little Provence). The project is
subject to the conditions of approval listed below.
The proposed restaurant will be located within the General Commercial
(C-G) Zone. It will occupy an existing one-story commercial building. The
proposed hours of operation are from 6:00 AM to 10:00 PM, daily.
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. 21-18, Major AM 21-12, ADR 21-15
1326 S. Baldwin 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 the sale of alcoholic beverages for on-site consumption (Type 41
ABC License) in conjunction with a new restaurant (d.b.a. Little Provence). The
business will include outdoor seating with 24 seats along Naomi Avenue. A parking
modification is also requested to provide less than the required parking spaces on-site
and to utilize on-street parking. The proposed restaurant will occupy an existing one-
story commercial building that is 1,674 square feet in size and was previously occupied
by a medical spa business. There are a total of 4 existing parking spaces in the parking
lot located at the rear of the building. The proposed restaurant with outdoor seating
requires a total of 10 parking spaces, but the business will not be providing additional
parking spaces on-site due to physical constraints with the site. Since the proposed
restaurant would be deficient in parking by 6 spaces, a Major Administrative
Modification is required.
Approval of the requested Major Administrative Modification to reduce the parking
requirement for the proposed use by 6 parking spaces will help to secure an appropriate
improvement to the lot to help activate this corner site with a restaurant use that will
MUP No. 21-18, Major AM 21-12, ADR 21-15
1326 S. Baldwin Avenue
serve both neighborhood and citywide markets. There is abundant on-street parking
available along Baldwin Avenue and Naomi Avenue to accommodate the proposed
restaurant. The existing adjacent businesses are served with adequate off-street
parking spaces in their own parking lot areas. The existing uses nearby appear to
complement each other, as this portion of Baldwin Avenue is mostly occupied by
restaurant and personal service uses. Based on Planning staff’s observations, the
current on-street parking usage for this location is very low. Therefore, there is
adequate parking available nearby to serve the proposed use. The proposed restaurant
with outdoor seating area is compatible with the existing uses in the general vicinity.
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 6:00 AM to 10:00 PM, daily. Any expansion in
the hours may require an amendment to this approval.
2. No more than 24 seats shall be provided in the outdoor dining area. Any increase in
the number of seats may require an amendment to this approval.
3. The Applicant/Owner shall provide a manufacturer’s specification sheet for the
proposed outdoor water feature, subject to review and approval by Planning
Services.
4. The use approved by Minor Use Permit No. MUP 21-18 is limited to the sale of beer
and wine for on-site consumption (Type 41 ABC license) within an existing 1,674
square foot commercial building. No off-site consumption is permitted with this
approval. The business shall be operated and maintained in a manner that is
consistent with the proposal and plans submitted and approved for MUP 21-18, and
shall be subject to periodic inspection, after which the provisions of this MUP may be
adjusted by the Planning & Community Development Administrator, or designee,
after due notice to address any adverse impacts to neighboring businesses and
properties.
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. The Applicant/Owner shall prepare and submit a grading plan for the proposed
outdoor dining area in the public right-of-way. The grading plan shall identify all
existing public utilities in the vicinity.
7. The Applicant/Owner shall limit improvements in the public right-of-way for the
outdoor dining area to temporary-in-nature and avoid installing any unnecessary
new permanent structures.
MUP No. 21-18, Major AM 21-12, ADR 21-15
1326 S. Baldwin Avenue
8. The Applicant/Owner shall obtain a temporary right-of-way use/encroachment permit
from the Engineering department prior to beginning any work in the right-of-way.
9. The Applicant/Owner shall make improvements to the existing sidewalk at the back
of the curb to provide adequate ADA clearance around all obstacles.
10. 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.
11. 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.
12. Noncompliance with the plans, provisions and conditions of approval for MUP 21-18,
Major AM 21-12, and ADR 21-15 shall be grounds for immediate suspension or
revocation of any approvals.
13. 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 21-18, Major AM 21-12, and
ADR 21-15 (“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
MUP No. 21-18, Major AM 21-12, ADR 21-15
1326 S. Baldwin Avenue
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, November 29, 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 December 16, 2021, this approval will become null
and void.
This approval shall expire in one year (November 30, 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.
MUP No. 21-18, Major AM 21-12, ADR 21-15
1326 S. Baldwin Avenue
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Christine Song
Associate Planner
Attachment: Minor Use Permit – Findings for Approval
Acceptance Form
c: Distinct Image International LLC, Property Owner
MUP No. 21-18, Major AM 21-12, ADR 21-15
1326 S. Baldwin 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 restaurant with outdoor dining and the sale of beer and
wine 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
proposed restaurant will provide an active use 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.
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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 General Commercial (CG) and the Arcadia
Development Code Section 9102.03.020 allows Small Restaurants with
Outdoor Dining (24 seats) and Sale of Alcohol in the CG Zone subject to
approval of a Minor Use Permit. Therefore, the proposed restaurant 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 restaurant will be located in an existing one-story
commercial building on a corner lot on S. Baldwin Avenue. The building
is 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 along this portion of S. Baldwin Avenue. Lastly, any
expansion in the hours or number of outdoor dining seats may require an
amendment to this approval. Therefore, the restaurant 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. 21-18, Major AM 21-12, ADR 21-15
1326 S. Baldwin Avenue
provisions of utilities.
The proposed restaurant will be located in an existing one-story
commercial building on S. Baldwin 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 and via nearby on-
street parking. A Parking Modification is required because the proposed
use requires six additional parking spaces than what is currently
provided at this location. Although the existing parking spaces do not
meet the current Code requirement, the current on-street parking usage
is very low along Naomi Avenue and Baldwin Avenue, and can
accommodate the parking demand for the proposed use.
In addition, the site is located at the intersection of S. Baldwin Avenue
and W. Naomi Avenue, which are adequate in width and pavement type
to carry emergency vehicles and traffic generated by the proposed use.
Lastly, the proposed use will be serviced by existing fire and police
protection services, and existing utilities. Therefore, no major 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 restaurant is compatible with other uses allowed in the CG
Zone and will benefit the neighborhood and environment by providing a
service 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 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.
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