HomeMy WebLinkAboutMUP 21-14 & Major AM 22-03_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
July 18, 2022
West Coast Fencing Center
Attn: Nikolay Kovalev
6 Vellisimo Drive
Aliso Viejo, CA 92656
Subject: Minor Use Permit No. MUP 21-14 and Major Administrative
Modification No. Major AM 22-03
Project Address 52 E. Live Oak Avenue (dba: West Coast Fencing)
Dear Applicant:
The public comment period for Minor Use Permit No. MUP 21-14 and Major
Administrative Modification No. Major AM 22-03 ended on June 2, 2022.
Staff did not receive any comments during the public comment period. On
July 18, 2022, the Development Services Department conditionally
approved the Minor Use Permit and Major Administrative Modification to
allow the operation of a Fencing Academy with less than the required
parking on-site at 52 E. Live Oak Avenue (dba: West Coast Fencing). The
project is subject to the conditions of approval listed below.
The proposed fencing academy will be located within the General
Commercial (C-G) Zone. It will occupy an existing one-story commercial
tenant space in a two-unit commercial building. The proposed hours of
operation are from 3:00 PM to 9:00 PM, Monday to Friday, and 8:00 AM to
5:00 PM Saturday.
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. 21-14 and Major AM 22-03
52 E. Live Oak 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, 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 reduced parking in conjunction with a new Fencing Center (d.b.a.
West Coast Fencing Center). The business will include xxx. A parking modification is also
requested to provide less than the required parking spaces on-site and to utilize on-street
parking. The proposed Fencing Center 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 XX parking spaces will help to secure an appropriate
improvement to the lot to help activate this corner site with a restaurant use that will 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
MUP No. 21-14 and Major AM 22-03
52 E. Live Oak Avenue
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 use approved by Minor Use Permit No. MUP 21-14 and Major AM 22-03 is limited
to the XXXXX 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.
4. 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.
5. The Applicant/Property 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.
6. The Applicant/Property 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.
7. The Applicant/Property 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.
8. The Applicant/Owner shall make improvements to the existing sidewalk at the back of
the curb to provide adequate ADA clearance around all obstacles.
9. 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
MUP No. 21-14 and Major AM 22-03
52 E. Live Oak Avenue
and that the use is being operated in a manner, which is not detrimental to the public
health, safety or welfare.
10. 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.
11. Noncompliance with the plans, provisions and conditions of approval for MUP 21-14
and Major AM 22-03 shall be grounds for immediate suspension or revocation of any
approvals.
12. 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 21-14 and Major AM 22-03 (“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
MUP No. 21-14 and Major AM 22-03
52 E. Live Oak Avenue
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 Thursday, July 28, 2022.
Approval of Minor Use Permit No. MUP 21-14 and Major AM 22-03 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 August 18, 2022, this
approval will become null and void.
This approval shall expire in one year (July 29, 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.
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) 574-5442 or by email at fgraham@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Fiona Graham
Planning Services Manager
MUP No. 21-14 and Major AM 22-03
52 E. Live Oak Avenue
Attachment: Minor Use Permit – Findings for Approval
Acceptance Form
c: Distinct Image International LLC, Property Owner
MUP No. 21-14 and Major AM 22-03
52 E. Live Oak 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 Fencing Center is consistent with the Mixed Use land use
designation, which is intended to permit a wide range of commercial uses
which serve both neighborhood and citywide markets. The proposed
Fencing Center will provide an active use that will be available to 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 Mixed Use (MU) and the Arcadia Development
Code Section 9102.03.020 allows Small Health and Fitness Facilities in
the MU Zone subject to approval of a Minor Use Permit. Therefore, the
proposed Fencing Center will be in compliance all applicable provisions
of the Development and Municipal Code.
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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 Fencing Center will be located in an existing one-story
commercial building on East Live Oak 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 E. Live Oak Ave. Lastly, any expansion in the
hours or number of students may require an amendment to this approval.
Therefore, the Fencing Center will be compatible with the existing and
future land uses in the vicinity.
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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
provisions of utilities.
The proposed Fencing Center will be located in an existing one-story
commercial building on E. Live Oak Ave. The building and site are
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MUP No. 21-14 and Major AM 22-03
52 E. Live Oak Avenue
adequate in size to accommodate the proposed use. Parking for the
proposed use will be provided on the subject site. 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 Fencing Center is compatible with other uses allowed in the
MU 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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