HomeMy WebLinkAboutDecision LetterSent via email and mail
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 2, 2024
Le Mekdara
1365 Lightview St.
Monterey Park, CA 91754
(lemekdara@yahoo.com)
Subject: Minor Use Permit No. MUP 24-09 (dba: Boiling Crab)
Project Address: 52 E. Huntington Drive
Dear Ms. Mekdara:
The public comment period for Minor Use Permit No. MUP 24-09 ended on
August 1, 2024. 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 sale of alcoholic
beverages for on-site consumption (Type 41 ABC License) for a new
restaurant (dba: Boiling Crab) located at 52 E. Huntington Drive. This MUP
24-09 is subject to the conditions of approval listed below.
The full-service restaurant will be located within the Commercial Business
District (CBD) zone. The hours of operation will be Monday through Friday
from 3:00 p.m. to 10:00 p.m. and on weekends from 3:00 p.m. to 12:00 p.m.
No later hours are proposed.
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 re quired 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 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).
Conditions of Approval
1. The use approved by Minor Use Permit No. MUP 24-09 is limited to the sale of beer
and wine for on-site consumption (Type 41 ABC license) within the 6,283 square
foot building for a new restaurant use. 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 24-09,
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. Hours of operation shall be limited to Monday through Friday from 3:00 p.m. to 10:00
p.m. and on weekends from 3:00 p.m. to 12:00 p.m. Any expansion of the hours may
require an amendment to this approval.
3. Any new business signage shall be in conformance with the City of Arcadia
Development Code and shall require review and approval of the Planning Services
subject to Sign Architectural Design Review (SADR) application .
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 24-09 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, 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 Minor Use Permit No. MUP 24-09 (“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 develop ment 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 notify the Applicant of the claim, action, or proceedings and will
cooperate in the defense of the matter. 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, the Applicant shall provide to the 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. The 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. The City shall only refund to the
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. The parties hereby agree to cooperate in defending
such action. The City will not voluntarily assist in any 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 $728.00 appeal fee by 5:30 p.m. on August 12, 2024.
Approval of Minor Use Permit No. MUP 24-09 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 2, 2024, this approval will become null
and void.
This approval shall expire in one year August 13, 2025 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 finding s 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 and/or tenant
improvement 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-
5422 or by email at gyesayan@arcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Gary Yesayan
Associate Planner
Attachments: Minor Use Permit – Findings for Approval
Acceptance Form
c: Thomas and Delia Gonzales, Property Owners
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 sale of alcohol at the proposed restaurant is
consistent with the General Plan “Commercial” 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. 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 Commercial Business District (CBD), and
the Arcadia Development Code Section 9102.05.020 allows
restaurants within this zone. The sale of alcohol for restaurants
located within the CBD zone that are 150 feet of a residential zone
are 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.
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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 on-sale of alcohol will be done at an existing
commercial building for a new restaurant, a use that is permitted by
right in the Commercial Business District (CBD) zone. The sale of
alcohol is not expected to impact the operating characteristics of the
unit. No late hours are proposed. Any expansion in the hours of
operation, including late hours, would require an amendment to this
approval. The general area also includes similar restaurants that
serve alcohol. As such, the sale of alcohol for the proposed new
restaurant 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 and 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 within an existing commercial building for a new
restaurant. The site is within the city’s downtown parking overlay
and provides adequate parking within the vicinity of the subject site
and the property. Interior tenant improvements will be made for the
new restaurant, but no additional modification will be required for
the on-site sale and consumption of alcohol. 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.
☒ ☐
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 th e vicinity and
zone in which the property is located.
The proposed sale of alcohol as part of a new restaurant within an
existing commercial building will be compatible with other uses
allowed in the Central Business District (CBD) 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 attract new business 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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