Loading...
HomeMy WebLinkAboutADR 21-13_MUP 21-15_Decision 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 August 25, 2022 J&Y Premier Management LLC P.O. Box 84 La Canada Flintridge, CA 91011 Subject: Architectural Design Review No. 21-13 and Minor Use Permit No. MUP 21-15 Project Address: 837-845 S. Baldwin Avenue Dear Ms. Jiang: The public comment period for Architectural Design Review No. ADR 21-13 & Minor Use Permit No. MUP 21-15 has ended. Staff did not receive any comments during the public comment period. On August 25, 2022, the Development Services Department conditionally approved the Architectural Design Review and Minor Use Permit to allow a medical clinic providing medical spa and cosmetic surgical procedures on an outpatient basis in a new, two-story, 8,001 square foot medical office building at 837- 845 S. Baldwin Avenue. The project is subject to the conditions of approval listed below. The proposed medical clinic business will be located in the General Commercial (CG) Zone, within a proposed 8,001 square foot two-story medical office building. The proposed hours of operation are from 9:00 am to 5:00 pm Tuesday through Sunday. 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 proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and comply with all other applicable provisions of the Development Code and the 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 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 32 Categorical Exemption for an in infill development from the requirements of the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines. Conditions of Approval 1. The use approved by Minor Use Permit No. MUP 21-15 is limited to a medical clinic providing medical spa and cosmetic surgical procedures on an outpatient basis within the proposed two-story, 8,001 square foot medical office building. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the application and plans submitted and conditionally approved for Architectural Design Review No. ADR 21-13 and Minor Use Permit No. MUP 21-15, after which the provisions of this project may be adjusted by the Planning & Community Development Administrator, or designee. 2. The hours of operation shall be limited to 8:00 AM to 6:00 PM, daily. Any expansion of the hours may require an amendment to this approval. 3. All signage, including window signs, shall be in conformance with the City of Arcadia Development Code and shall require review and approval of Planning Services. 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. Noncompliance with the plans, provisions and conditions of approval for MUP 21-15 shall be grounds for immediate suspension or revocation of any approvals. 5. A copy of the approval letter/conditions of approval shall be included on the plans (full size). 6. 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. 7. Shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 8. Remove and replace the existing curb, gutter and sidewalk from property line to property line. Concrete sidewalk shall be installed for the full public parkway except for any tree wells. 9. Any trees located in the public right-of-way adjacent to the property frontage shall be removed and replaced with a permit from Public Works Services. 10. Remove the existing drive approaches and install new City Standard drive approaches. 11. Repair any damages caused by the construction of the project to the asphalt street frontages from property line to property line, including but not limited to trench cuts and construction traffic, per the direction of the City Engineer. 12. The building shall be fully fire sprinklered, per the City of Arcadia Fire Department Commercial Sprinkler Standard. The fire sprinkler system shall be monitored by a UL listed central station. Notification appliances shall be provided in all common areas. 13. A knox box shall be provided at an approved location by the City of Arcadia Fire Department. 14. Minimum 2A:10BC fire extinguishers shall be provided in all common areas. The maximum travel distance shall be 75 feet. 15. Illuminated exit signage and emergency lighting shall be provided for the parking area and all other common paths of egress. 16. A new public fire hydrant shall be provided on Baldwin Avenue, on the furthest north street frontage of the property. The minimum required fire flow is 1,000 gpm at 20 psi. 17. The Property Owner/Applicant shall provide calculations to determine the maximum commercial water demand and maximum fire demand in order to verify the required water service size required. An 8” cast iron water main with 100 psi static pressure is available on Baldwin Avenue for commercial water and/or fire service. 18. A separate landscape water meter is required for common area landscape irrigation. The backflow preventer on the common area irrigation shall be Reduce Pressure Backflow Assembly, as approved by the Public Works Services Department. 19. Separate commercial water service shall be provided by a common master meter installed within the public right-of-way. An approved Reduce Pressure Backflow Assembly shall be installed for meter services protection. 20. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to permit issuance. New water service installations shall be by the Property Owner/Applicant. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be carried out by the Property Owner/Applicant, according to Public Works Services Department, Engineering Division specifications. 21. The Property Owner/Applicant shall utilize the existing sewer lateral, if possible. A 15” VCP City sewer line is available on Baldwin Avenue to provide sanitary sewer service for the project. If any drainage fixture elevation is lower than the elevation of next upstream manhole cover, an approved type of backwater valve is required to be installed on the lateral behind the property line. 22. The proposed project is subject to low impact development (LID) requirements. The Property Owner/Applicant shall integrate LID strategies into the site design. These strategies include using infiltration trenches, bio-retention planter boxes, roof drains connected to a landscaped area, pervious concrete/pavers, etc. 23. The Property Owner/Applicant shall size the trash enclosure area accordingly. A minimum of three bins/carts; one each for trash, recycling, and green waste/food waste. For bins, there should be a 1 foot clearance around each bin. 24. To the maximum extent permitted by law, the Property Owner/Applicant must defend, indemnify, and hold the 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 Property Owner/Applicant’s activities in connection with Architectural Design Review No. ADR 21-13 and Minor Use Permit No. MUP 21-15 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Property Owner/Applicant’s contractors, agents, tenants, employees or any other persons acting on Property Owner/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 Property Owner/Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Property Owner/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, Property Owner/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, Property Owner/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 Property Owner/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 Property Owner/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 Property Owner/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 $676.00 appeal fee by 5:30 p.m. on Tuesday, September 6, 2022. Approval of Architectural Design Review No. ADR 21-13 and Minor Use Permit No. MUP 21-15 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 September 26, 2022, this approval will become null and void. This approval shall expire in one year (September 7, 2023) 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. Please contact Building Services at (626) 574-5416 to determine any type of documentation and permits needed. 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. 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 Acceptance Form c: Art Del Rey, Del Rey Property Management, Property Owner 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 proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. The proposed operation of a medical clinic providing medical spa and cosmetic surgical procedures on an outpatient basis is consistent with the Commercial land use designation, which is intended to permit a wide range of commercial, which serve both neighborhood and citywide markets, and is allowed in the General Commercial (CG) zone subject to the review and approval of a Minor Use Permit. The proposed business will provide medical and cosmetic services that will be available to the general public. The use will also be consistent with other similar businesses in the surrounding neighborhood, will not adversely affect the comprehensive General Plan or any applicable specific plan, and will comply with all 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. The proposed medical clinic will be located in a new, two-story, 8,001 square foot medical office building. The proposed building will be constructed for this specific use and is in compliance with all applicable development standards and land use regulations; therefore, it will be adequate in size to accommodate the proposed business. The proposed business hours of 9:00 a.m. to 5:00 p.m., Tuesday through Sunday, will be compatible with the similar uses in the surrounding neighborhood. Lastly, any expansion in the hours may require an amendment to this approval. Therefore, the proposed medical clinic 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. The site is physically suitable and will be adequately developed with a new medical office building and appropriate site improvements for the proposed medical use. The existing structures on the subject site will be demolished to accommodate the new development and all necessary utilities will be installed. Parking, compliant with the Development Code, for the proposed use will be sufficiently provided on the subject site. In addition, the site is located along Baldwin Avenue, which is 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 impacts are anticipated from the proposed use. 4. That 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 medical clinic and proposed office building is in compliance with the Arcadia Development Code standards. The use will not be detrimental to the public health or welfare of the surrounding properties, as the use is one typically seen in these types of commercial corridors and which serve the surrounding communities. Also, the proposed hours of operation will be compatible with other existing businesses in the area. The subject site is adequately parked for the proposed use and will not adversely affect access or cause an inconvenience to surrounding businesses or properties. All functions of the proposed use will be contained on site. In addition, the proposed business qualifies as a Class 32 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines as an infill development. 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. ☒ ☐