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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 October 28, 2022 Ben Zhuang 310 S. 1st Avenue Arcadia, CA 91006 Subject: Minor Use Permit No. MUP 22-06 Project Address: 24 W. Saint Joseph Street (dba: SCHOOL Brazilian Jiu-Jitsu) Dear Mr. Zhuang: The public comment period for Minor Use Permit No. MUP 22-06 has ended. Staff did not receive any comments during the public comment period. The Development Services Department has conditionally approved the Minor Use Permit to allow a small Health and Fitness Facility (dba: SCHOOL Brazilian Jiu-Jitsu) located at 24 W. Saint Joseph Street. The project is subject to the conditions of approval listed below. The proposed Jiu-Jitsu school is located within the Downtown Mixed Use (DMU) Zone. The proposed hours of operation are from 10:00 AM to 7:00 PM, Monday through Friday and 8:00 AM to 1:00 PM on Saturdays. 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 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. The use approved by Minor Use Permit No. MUP 22-06 is limited to the operation of a small Health and Fitness Facility (Jiu-Jitsu school) within an existing 2,900 square foot commercial space. The business shall be operated and maintained in a manner that is consistent with the application submitted and conditionally approved for MUP 22-06, 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. 2. Hours of operation shall be limited to 10:00 AM to 7:00 PM, Monday through Friday and Saturday from 8:00 AM to 1:00 PM. 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 the 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 22-06 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, the 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 Applicant’s activities in connection with MUP 22-06 (“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 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 $676.00 appeal fee by 5:30 p.m. on Monday, November 7, 2022. Approval of Minor Use Permit No. MUP 22-06 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 27, 2022, this approval will become null and void. This approval shall expire in one year November 8, 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 Community Development Division / Planning Services Fiona Graham Planning Services Manager Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Ron Mills, 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 use is for a small Health and Fitness facility – a Brazilian Jiu-Jitsu school. The facility will operate within an existing commercial space and no floor area additions are required to the structure. The Jiu-Jitsu school will relocate from its existing location on First Avenue to the new location on West Saint Joseph Street, allowing for the growth of the business. The General Plan Land Use Designation for the Site is Downtown Mixed Use, which allows for a mix of commercial activities. The site is zoned Downtown Mixed Use (DMU). A small Health and Fitness Facility in the DMU Zone is subject to a Minor Use Permit. The proposed use is therefore compliant with the General Plan and Development 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 jiu-jitsu school will be housed in an existing commercial space within an existing building. The building is of a sufficient size to accommodate the proposed use. In addition to the proposed Jiu-Jitsu school, there is an existing yoga studio which has operated at the site since 2014. The Jiu-Jitsu school will have a set schedule of classes with a maximum number 18 persons on the site at any time. The majority of classes will be for children who are dropped at the site and picked up after the class ends. The hours of operation will be similar to those uses in the existing area. In addition to the yoga studio, there’s an existing rock-climbing gym in the immediate vicinity. The existing uses are similar to the proposed Jiu-Jitsu school. Furthermore, the DMU Zone allows for a mix of commercial retail and service uses. The operating characteristics of the business, the site conditions, existing parking, and location 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 for the proposed Jiu-Jitsu school. The building and site do not require any additional improvements or alterations to accommodate the proposed use. The required parking for the proposed use, and existing uses, can be accommodated on the subject site. The applicant prepared a parking study which showed there is sufficient parking across all attached sites to accommodate the existing and anticipated parking volume. The site forms part of a larger commercial center which includes 79 parking spaces serving multiple businesses. The parcels are not tied and do not have a shared parking agreement. Although there is sufficient parking on the subject site to accommodate the existing and proposed uses per the requirements of the Development Code , customers will most likely utilize parking in the larger commercial center. The parking analysis shows that maximum weekday occupancy of the combined parking lots is 81%. Parking demand on the weekend is less with a maximum of 49%. As such, there is sufficient parking across the wider site to accommodate the proposed use. The Jiu-Jitsu school will provide a mix of group classes and one-on-one training. The majority of operating hours will be for one-on-one training. The existing LA Metro light rail station is situated approximately 500 feet to the east of the site. In addition, the site has easy access to Santa Anita Avenue from West Saint Joseph Street, which both 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 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 Jiu-Jitsu School is consistent with other uses in the DMU Zone and will benefit the neighborhood by providing serv ices to local residents and visitors. The proposed hours of operation will be compatible with existing service and retail businesses in the immediate area. The proposed use will serve the Arcadia community and is in accordance with the City’s policies to enhance the economic base. It will not result in an adverse impact on the ☒ ☐ neighboring businesses or properties; nor will it create a public nuisance. 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.