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
October 5, 2022
Attn: Nick Fink
Donco & Sons Inc.
2871 E. Blue Star Street
Anaheim, CA 92806
Subject: Minor Use Permit No. MUP 22-04 and
Sign Architectural Design Review No. SADR 22-22
Project Address: 4 W. Foothill Boulevard
Dear Mr. Fink:
The public comment period for Minor Use Permit No. MUP 22-04 & SADR
22-22 ended on September 28, 2022. Staff received one comment on the
proposal expressing concerns about a Variance at the property, however the
project does not include or require a Variance. On October 5, 2022, the
Development Services Department conditionally approved the Minor Use
Permit and Sign Architectural Design Review to allow the installation of one
(1) double-sided electronic changeable copy monument sign and one (1)
double-sided price sign fronting Foothill Boulevard, to be retrofitted into the
existing monument signs at 4 W. Foothill Boulevard (dba: 76 gas station).
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.
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.
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.
MUP No. 22-04
SADR No. 22-22
4 W. Foothill Blvd.
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).
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 plans submitted to Building Services for permit issuance shall include the
following notes:
a. The proposed monument sign shall have a photometric sensor that will
adjust the intensity of the sign for daytime and nighttime viewing. The
nighttime intensity shall be limited to 0.3-foot candles (over ambient levels)
as measured at a height of five feet above the ground and a distance of
between 150 and 350 feet from the sign under consideration, depending on
the size of the sign, and aimed at the sign.
b. The images shall change instantaneously, with no special effects or video.
c. Any form of moving, animated, scrolling, oscillating, or rotating images, or
any other design intended to attract attention through movement or the
semblance of movement on the whole or any part of the sign, or any other
method or device that suggests movement, is prohibited.
2. The unpermitted price sign on the N. Santa Anita Avenue frontage shall be removed
in its entirety.
3. 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.
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
MUP No. 22-04
SADR No. 22-22
4 W. Foothill Blvd.
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 change s 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. Noncompliance with the plans, provisions and conditions of approval for MUP 22-04
& SADR 22-22 shall be grounds for immediate suspension or revocation of any
approvals.
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 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
of legal action. The City shall have the right to select legal counsel of i ts 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.
MUP No. 22-04
SADR No. 22-22
4 W. Foothill Blvd.
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 Monday, October 17, 2022.
Approval of Minor Use Permit No. MUP 22-04 & SADR 22-22 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 November 5, 2022, this approval will become
null and void.
This approval shall expire in one year (October 18, 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 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
Attachment: Minor Use Permit – Findings for Approval
Approved Plans
Acceptance Form
c: Vladimir Vardanian, Property Owner
Lisa Flores, Planning & Community Development Administrator
John Nahas, Business Owner
MUP No. 22-04
SADR No. 22-22
4 W. Foothill Blvd.
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 installation of one (1) double-sided electronic
changeable copy monument sign and one (1) double-sided price
sign, which consists of retrofitting an existing monument sign
located at the intersection of N. Santa Anita Avenue and W. Foothill
Boulevard and retrofitting an existing price sign on W. Foothill
Boulevard will be compatible with the Commercial land use
designation of the subject site. The existing signs’ dimensions are
not changing; therefore, no impact is expected from the installation
of the electronic changeable portion of the sign. The proposed
scope will provide an improvement to the site. In addition, the
existing use will not change nor 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 (C-G) and the Arcadia
Development Code Section 9103.11.070 allows electronic
changeable monument signs subject to approval of a Minor Use
Permit. Therefore, the proposed use will be in compliance with 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 electronic changeable copy sign will be installed at
an existing gas station site. The existing monument and price signs
will be retrofitted with a new electronic changeable copy sign. The
proposed improvements are designed to be in compliance with the
development standards of the subject zone and will be compatible
with other signs in the vicinity.
☒ ☐
MUP No. 22-04
SADR No. 22-22
4 W. Foothill Blvd.
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 electronic changeable copy sign will utilize the
existing monument and price signs, which are located in a manner
that will be adequate for the subject site. The subject site is located
on the corner of N. Santa Anita Avenue and W. Foothill Boulevard,
which are adequate in width and pavement type to carry emergency
vehicles and traffic serving the subject site. In addition, the site will
be serviced by existing fire and police protection services, and
existing utilities. The installation of new signage for the existing
business will not impact existing services; therefore, no impacts are
anticipated.
☒ ☐
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 electronic changeable copy signs are compatible with
the other gas stations located in the vicinity and throughout the City.
The scope of work will provide updated signage for an existing use
that serves the residents in the area and the general public. The
overall dimensions of both signs are not changing thus no impacts
will be created by installing the electronic changeable copy into the
existing signs. 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, the proposed electronic changeable copy sign 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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