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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 May 18, 2022 SENT VIA EMAIL AND MAIL Jack MP Cheung 6417 Sultana Ave San Gabriel, CA 91775 SUBJECT: Minor Use Permit No. MUP 21-16 PROJECT ADDRESS: 230 Hacienda Drive Dear Mr. Cheung, The public comment period for Minor Use Permit No. MUP 21-16 ended on May 10, 2022. Staff did not receive any comments during the public comment period. The Development Services Department has conditionally approved the Minor Use Permit to permit a new basketball court for private residential use with four (4) court lights at 230 Hacienda Drive. This approval 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 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. 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 as a use within an existing facility from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. In addition, the project is subject to the following conditions. MUP No. 21-16 230 Hacienda Drive Conditions of Approval 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for MUP 21-16, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. The basketball 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. 3. The Applicant/Property Owner shall execute an Exterior Lighting Agreement agreeing to all of the court lighting standards as listed in Section 9104.02.330.C.5 of the Development Code. 4. Noncompliance with the plans, provisions and conditions of approval for MUP 21-16 shall be grounds for immediate suspension or revocation of any approvals. 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. 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 Minor Use Permit No. MUP 21-16 (“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 f rom the deposit for such fees, costs, and expenses. Within 5 business days of each and every MUP No. 21-16 230 Hacienda Drive 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, May 31, 2022. City Hall will be closed on Friday, May 20, 2022 and Monday, May 30, 2022 in observance of Memorial Day. Approval of Minor Use Permit No. MUP 21-16 shall not be in 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 June 17, 2022, this approval will become null and void. This approval shall expire in one year (June 25, 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- 5422 or by email at vquiroz@ArcadiaCA.gov Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Vanessa Quiroz Associate Planner MUP No. 21-16 230 Hacienda Drive Attachments: Minor Use Permit – Findings for Approval Acceptance Form Sport Court Lighting Agreement c: Sharon L. Chen Lu, Property Owner Lisa Flores, Planning & Community Development Administrator Tom Walker, ARB Chair of the Santa Anita Oaks Association MUP No. 21-16 230 Hacienda Drive 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 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 basketball court use is consistent with the Very Low Density Residential General Plan land use designation, which is intended to permit single family residences and related recreational uses. The basketball court is for private use on the subject property and will not adversely affect the comprehensive General Plan or any applicable specific plan. The zoning of the site is R-0 (30,000) and the Arcadia Development Code Section 9102.01.020 allows Sport Courts in the R-0 Zone by right. The basketball court and lighting posts meet the required setbacks and development standards. The basketball court shall be screen by a solid 6- foot block wall and hedging along the perimeter of the site to help minimize any visual impacts. Therefore, the tennis court will be in compliance all applicable provisions of the Development 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. The proposed basketball court will be located at the rear of the subject lot, which is 35,346 square feet in size. The subject lot is adequate in size to accommodate the proposed sport court. Per the photometric light analysis, the lighting will not illuminate a light intensity greater than one foot-candle at the property lines. Sport courts are a common recreational use found on many residential properties. The sport court will have a minimal impact to the adjacent residential properties as it will abut the rear and inactive area of the properties to the west and rear. Additionally, the Arcadia Wash runs along the east side of the site which will provide a buffer to the residential property to the east. Staff also identified five (5) other properties with sports courts within the surrounding properties, so there is an established pattern of development in the neighborhood. Therefore, the proposed basketball court 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 ☒ ☐ MUP No. 21-16 230 Hacienda Drive 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 police protection) access; public protection, and provisions of utilities. The site is large and adequate in size to accommodate the proposed use in the rear yard. The site has adequate fencing and landscaping to help screen the sport court from the view of the adjacent residential properties. In addition, the site is located near the intersection of Hacienda Drive and Rancho Road, which are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Lastly, the proposed basketball 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. 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 basketball court and lighting are compatible with other properties in the R-0 zone within the general vicinity as this is a common recreational use found on residential properties and there are five (5) existing sport courts on other properties within the immediate vicinity. The basketball court lights can only be turned on during limited approved hours (per the conditions of approval). All lighting meets the required performance and developments standards as required by the Development Code. The subject site is adequate in size to accommodate the proposed use and the sport court will be compatible with the surrounding residential properties. 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. ☒ ☐