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
December 1, 2021
Dave Bartl
6708 Foothill Boulevard #207
Tujunga, CA 91042
SUBJECT: Minor Use Permit No. MUP 21-17 & Sign Architectural Design
Review No. SADR 21-37
PROJECT ADDRESS: 625 Las Tunas Drive (dba: Arco)
Dear Mr. Bartl:
The public comment period for Minor Use Permit No. MUP 21-17 & Sign
Architectural Review Board No. SADR 21-37 ended on November 29, 2021.
Staff did not receive any comments during the public comment period. On
November 30, 2021, the Development Services Department conditionally
approved the Minor Use Permit and Sign Architectural Design Review to
allow the installation of new electronic changeable signage to an existing
monument sign at 625 Las Tunas Drive (dba: Arco). 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; 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 an
emergency vehicle (e.g., fire and medical) access;
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.).
MUP 21-09 & SADR 21-08
3 E. Duarte Road
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 installation of
on-premise signs, from the requirements of the California Environmental Quality Act
(CEQA) under Section 15311(a) 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 Minor Use
Permit No. MUP 21-17 & Sign Architectural Design Review No. SADR 21-37, subject
to the satisfaction of the Planning & Community Development Administrator or
designee.
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 21-17
& SADR 21-37 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 21-17 & SADR 21-37 (“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
MUP 21-09 & SADR 21-08
3 E. Duarte Road
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, December 13, 2021.
Approval of Minor Use Permit No. MUP 21-17 & SADR 21-37 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 January 3, 2022, this approval will become
null and void.
This approval shall expire in one year (December 14, 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
MUP 21-09 & SADR 21-08
3 E. Duarte Road
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) 821-
4334 or by email at earreola@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Edwin Arreola
Assistant Planner
Attachment: Minor Use Permit – Findings for Approval
Approved Plans
Acceptance Form
c: Le Kyoung Hong, Property Owner
MUP 21-09 & SADR 21-08
3 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 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 installation of electronic changeable signage to an
existing monument sign for an existing service station and
convenience store will be compatible with the Commercial land use
designation of the subject site. The zoning of the site is General
Commercial (C-G) and the Arcadia Development Code Section
9103.11.070 allows electronic changeable monument signs in the C-G
zone subject to approval of a Minor Use Permit. Therefore, the
proposed sign improvements will be in compliance with all applicable
provisions of the Development and Municipal Code.
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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 sign improvements will be compatible with existing and
future service stations in the vicinity. Many service stations are
beginning to implement electronic pricing signage in lieu of manual
signage. In addition, the improvements will be limited to signage
improvements, which will not change the current operating
characteristics of the existing service station.
☒ ☐
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 request includes the installation of electronic changeable
signage to an existing monument sign. The proposed sign will
not alter the operation of the business, nor will it change or
impact loading or parking for the subject site as the dimensions
or location of the existing sign will not change.
b. Streets and highways adequate to accommodate public and
emergency vehicle (e.g., fire and medical) access;
☒ ☐
MUP 21-09 & SADR 21-08
3 E. Duarte Road
The site is located at the intersection of Las Tunas Drive and S.
Baldwin 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 sign improvements will be for an existing service
station that is currently being serviced by existing public
protection services. Therefore, approval of the minor use permit
will not impact or alter 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 sign improvements will be for an existing service
station that is currently being serviced by existing utilities. No
additional utilities will be required. Therefore, approval of the
minor use permit 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 sign improvements will be designed and located in a
manner that will be adequate for the subject site, and compliant with
the Development Code. The existing monument sign’s location or
dimensions will not be altered and just retrofitted to accommodate the
electrical components. The proposed installation qualifies as a Class 1
Categorical Exemption from the requirements of the California
Environmental Quality Act (CEQA) under Section 15311(a) of the
CEQA Guidelines for the installation of on-premise signage. Therefore,
approval of the minor use will not impact 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.
☒ ☐