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 12, 2023
Yamato Miura & Steve Tien SENT VIA EMAIL & MAIL
1108 S. Baldwin Avenue #B6
Arcadia, CA 91007
Subject: Minor Use Permit No. MUP 23-08
Project Address: 1108 S. Baldwin Avenue #B6 & B7 (dba: Sushi Kisen)
Dear Applicants:
The public comment period for Minor Use Permit No. MUP 23-08 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 the existing full-service restaurant
(dba: Sushi Kisen) to expand into the adjacent unit with the sale of alcoholic
beverages for on-site consumption at 1108 S. Baldwin Avenue #B6 & B7.
The project is subject to the conditions of approval listed below.
The full-service restaurant is located within the General Commercial (C-G)
Zone. 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 23-08 is limited to the sale of beer,
wine, and distilled spirits for on-site consumption within a full-service restaurant
located at 1108 S. Baldwin Avenue #B6 & B7. No off-site consumption is permitted
with this approval. The business shall be operated and maintained in a manner that
is consistent with the application submitted and conditionally approved for MUP 23-
08, after which the provisions of this MUP may be adjusted by the Deputy
Development Services Director, or designee, after due notice to address any
adverse impacts to neighboring businesses and properties.
2. Any expansion of the hours for the full-service restaurant between 12:00 a.m. and
6:00 a.m. will require the submittal of a Conditional Use Permit application for review.
3. All signage, including window signs, shall be in conformance with the City of Arcadia
Development Code and shall require review and approval by 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 23-08 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 23-08 (“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, at the request of the Applicant or not.
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 23, 2023.
Approval of Minor Use Permit No. MUP 23-08 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 13, 2023, this approval will become null
and void.
This approval shall expire in one year October 24, 2024 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) 821-
4334 or by email at earreola@arcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Edwin Arreola
Associate Planner
Attachment: Minor Use Permit – Findings for Approval
Acceptance Form
c: Mike Soo, Soo Properties, LLC, 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 sale of alcohol at the expanded restaurant is
consistent with the Commercial General Plan land use designation,
which is intended to permit a wide range of commercial uses which
serve both neighborhood and citywide markets. The sale of alcohol
at the full-service restaurant will provide an additional service to the
general public typically or often found in many eating
establishments and commercial zoned properties. The zoning of the
site is General Commercial (C-G) and the Arcadia Development
Code Section 9102.03.020 allows the sale of alcohol at full or limited
service restaurants in the C-G Zone subject to approval of a Minor
Use Permit. The proposed sale of alcohol will be in compliance with
all applicable provisions of the Development and Municipal Code.
In addition, the use will not adversely affect the comprehensive
General Plan or any applicable specific plan.
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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 sale of alcohol will be done at an existing restaurant
which will be expanded into an additional commercial unit within an
existing one-story commercial building. The existing restaurant is
suitably being operated within the existing commercial space and
the sale of alcohol is not expected to impact the operating
characteristics of the unit. In addition, the use and the proposed
hours of operation will be compatible with similar commercial uses
within the property and others adjacent to the property. Lastly, any
expansion in the hours of operation between midnight and 6:00 a.m.
will require approval of a Conditional Use Permit. Therefore, the
proposed sale of alcohol will be compatible with the existing and
future land uses in the vicinity.
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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,
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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 sale of alcohol
because it will be done in conjunction with an existing restaurant
that will be expanded into an additional existing commercial unit.
The building and site will only require minor additional
improvements to accommodate the proposed use. The required
parking for the proposed use is currently being met and is provided
on the subject site. In addition, the site fronts Baldwin Avenue and
has access to Duarte Road from the rear, 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 sale of alcohol is compatible with other uses allowed
in the CG Zone and will benefit the neighborhood by providing
services 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 a
“public convenience and necessity” 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 Applicant will be required to comply
with the California Department of Alcoholic Beverage Control
regulations. 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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