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
November 27, 2023 Sent Via Email & Mail
Gerry Enders
326 N. First Avenue
Arcadia, CA 91006
Subject: Lot Line Adjustment No. LLA 24-01, Minor Use Permit No. MUP
24-05, Major Administrative Modification No. Major AM 24-07,
and Commercial Architectural Design Review No. ADR 24-04
Project Address: 320 and 326 N. First Avenue (APNs 5773-004-024 &
5773-004-023)
Dear Applicant:
The public comment period for Lot Line Adjustment No. LLA 24-01, Minor
Use Permit No. MUP 24-05, Major Administrative Modification No. Major
AM 24-07, and Commercial Architectural Design Review No. ADR 24-04
ended on November 7, 2024. Staff did not receive any comments during the
public comment period. On November 27, 2024, the Development Services
Department conditionally approved the Lot Line Adjustment, Minor Use
Permit, Major Administrative Modification, and Architectural Design Review
applications to allow the operation of a major vehicle repair business at 320
and 326 N. First Avenue.
The proposed major vehicle repair business will be located in the
Commercial Manufacturing (CM) Zone, within two new structures: a 1,405
square foot, two-story office building and a 2,250 square foot one-story auto
repair building. The proposed hours of operation will be from 8:00 a.m. to
5:00 p.m. Monday through Friday.
Lot Line Adjustment
In order to finalize the lot line adjustment process, please file the Certificate
of Compliance with an amended deed of trust reflecting the newly
configured parcels. The property description or descriptions on the
Certificate shall describe the reconfigured parcel or parcels which will be
recognized by the City as legal lots. This approval shall expire within one
year from the date of this approval if the required deeds and documents are
not filed with the City. In the event the Certificate of Compliance or any
deed, or other document required for the finalization of the approved lot line
adjustment is not submitted to the L.A. County Recorder for recordation
within one (1) year following the effective date of the approval, this approval
shall become void and no further action shall be taken.
A Certificate of Compliance application form is attached for your
information.
Minor Use Permit
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.
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).
Major Administrative Modification
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 auto repair business will have a front yard setback (to N. First Avenue) of five (5)
feet, whereas the CM Zone requires a minimum front yard setback of 10 feet. Also, the
setback to the alley is at zero (0) feet for the vehicle repair building, whereas the CM
Zone requires a minimum five (5) foot setback from a side street. The reduced setbacks
are an appropriate improvement of the lot and promote uniformity of development. The
property fronts N. First Avenue and is in close proximity to the Arcadia Metro rail station.
N. First Avenue is intended to offer a pedestrian-friendly, commercially oriented frontage,
encouraging walking and supporting increased foot traffic. The reduced front yard
setback is appropriate as it will bring the active frontage of the use – the office storefront
– closer to the property line, activating the street front and is therefore consistent with
the City Center Design Plan. Furthermore, the existing building at 326 N. First Avenue
has an existing zero (0) foot front setback as do many other commercial buildings in the
vicinity. The reduced setback to the alley is an appropriate improvement of the lot.
Maintaining a zero (0) foot setback to the alley will allow for adequate vehicle backup
space within the property. Also, the existing structure, to be demolished, has a zero (0)
foot setback to the alley. Finally, many other structures in the vicinity have a zero (0) foot
setback to the alley. Therefore, the reduced front and street side yard setbacks are both
an appropriate improvement of the lot and promote uniformity of development.
The parking lot does not comply with the provisions of the Development Code as there
is a lack of wheel stops and tandem parking is used. This is an appropriate improvement
of the lot due to the nature of the proposed use being an auto repair business. The
Applicant has operated the auto repair business nearby for many years and has
operational needs that require flexibility over use of the site’s outdoor areas. The
business operator will utilize space through the site to maneuver vehicles throughout the
day as tasks require, including stacking of vehicles in a tandem layout. Installation of
wheel stops would inhibit movement of vehicles into and out of the new vehicle bay
structure. Given the operational needs of the proposed business, the need for on-site
flexibility, and the inclusion of a condition of approval restricting the storage of vehicles
on the street, the proposed non compliances wi thin the parking lot of the auto repair
business are an appropriate improvement of the lot.
The proposed project qualifies as a Class 32 Categorical Exemption for an infill
development and a Class 5 Categorical Exemption for minor alternations in land use
limitations under Sections 15332 and 15305 of the California Environmental Quality Act
(CEQA) Guidelines.
The Development Services Department has conditionally approved the design
concept plans stamped on November 27, 2024, to merge the existing two lots, and
develop a new auto repair building and associated office, to operate an auto repair
business at 320 and 326 N. First Avenue, subject to the following conditions:
1. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday
through Friday. Any expansion in the hours may require an amendment to this
approval or may be approved by the Deputy Development Services Director or
designee, at his/her discretion.
2. All auto repair work shall be performed within the proposed and existing
building. No work shall be performed outside.
3. Property Owner/Applicant shall ensure all vehicles are stored on the property
at all times.
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 Division.
5. 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.
6. Both new buildings shall be fully fire sprinklered per the City of Arcadia Fire
Department Commercial Sprinkler Standard.
7. The fire sprinkler system shall be monitored by a UL listed central station.
Notification appliances shall be provided in all common areas.
8. A Knox box shall be provided at an approved location. A Knox switch shall be
provided for any electric vehicular gates.
9. Property Owner/Applicant shall secure a separate permit for spray booths, if
applicable.
10. The Property Owner/Applicant shall perform the following off-site
improvements:
• Protect in place existing driveway approaches for property & alley.
• Remove, replace, and construct new sidewalk from property line to
property line providing adequate path of travel in compliance with
Americans with Disabilities Act (ADA) per City Standards.
• Protect in Place curb and gutter and asphalt pavement from property line
to property line.
11. Prior to occupancy, the Property Owner/Applicant shall repair any damages
caused by the development and construction traffic to the street frontages from
property line to property line including but not limited to trench cuts , curb and
gutter, driveway approaches, per the direction of the City Engineer.
12. First Avenue and the alley south of the subject property are currently under
moratorium. The Property Owner/Applicant will be required to repair an
extended limit if excavation occurs on public alleys and streets listed under
moratorium, per the direction of the City Engineer.
13. The project shall be developed and maintained by the Property
Owner/Applicant in a manner that is consistent with the plans submitted and
conditionally approved for LLA 24-01, MUP 24-05, Major AM 24-07, and ADR
24-04 subject to the satisfaction of the Deputy Development Services Director
or designee.
14. The Property Owner/Applicant shall comply with all City requirements
regarding building safety, fire prevention, detection, suppression, emergency
access, public right-of-way improvements, parking, water supply and water
facilities, sewer facilities, trash reduction and recycling req uirements, and
National Pollutant Discharge Elimination System (NPDES) measures to the
satisfaction of the Building Official, Fire Marshal, Public Works Services
Director, and Planning & Community Development Administrator, or their
respective designees. Compliance with these requirements is to be determined
by having fully detailed construction plans submitted for plan check review and
approval by the foregoing City officials and employees.
15. 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 LLA 24-01, MUP 24-05, Major AM 24-07, and ADR 24-04
(“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.
16. 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 p arties
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 Monday, December 9, 2024. You will be
notified if an appeal is filed.
Approval of LLA 24-01, MUP 24-05, Major AM 24-07, and ADR 24-04 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 December 27, 2023, this
approval will become null and void.
This design approval shall expire in one year (December 10, 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
design concept plans and any conditions of approval. Any inconsistency from the
approved design concept 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 must be obtained prior to any construction activity. Please contact
Building Services at (626) 574-5416 to determine the type of documentation, plans, and
fees for the appropriate permit.
You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this
letter. If you have any questions regarding the above approval, please contact me at (626)
574-5442 or by email at fgraham@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Fiona Graham
Planning Services Manager
Enclosed
C: GS 3475 Peck, 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 granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan.
The proposed operation of a major auto vehicle repair use within a
1,405 square foot, two-story office building and a 2,250 square foot
one-story auto repair building is consistent with the Downtown Mixed
Use land use designation, which is intended to provide opportunities
for complementary service and commercial uses in addition to
residential uses. The proposed business will provide vehicle repair
services that will be available to the general public. The use will also
be consistent with other similar businesses in the surrounding
neighborhood, and 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 Manufacturing (CM) and the
Arcadia Development Code Section 9102.05.020 allows major vehicle
repair businesses in the CM Zone subject to approval of a Minor Use
Permit. Therefore, the proposed use will be in compliance 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 major vehicle repair use will be located within a 1,405
square foot, two-story office building and a 2,250 square foot one-story
auto repair building. The proposed buildings are to be constructed for
this specific use; therefore, the property will be adequate in size to
accommodate the proposed business. The proposed business hours
of 6:00 a.m. to 6:00 p.m., Monday through Friday, will be compatible
with the similar uses in the surrounding neighborhood . Lastly, any
expansion in the hours may require an amendment to this approval.
Therefore, the proposed major vehicle repair use 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 proposed major vehicle repair business will be located within a
proposed commercial building with an associated office building. The
existing structures on 320 N. First Avenue will be demolished to
accommodate the new development. Parking, compliant with the
Development Code, for the proposed use will be provided on the
subject site. In addition, the site is located along N. First Avenue, which
is 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 an ticipated 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 major vehicle repair business will be located within a
proposed commercial building with an associated office building, in the
CM Zone. The proposed hours of operation will be compatible with
other existing vehicle repair businesses in the area. The proposed use
will provide vehicle repair services for the residents in the area and the
general public. The business will be located within a proposed
commercial building designed to accommodate the proposed vehicle
repair use in addition to a new office building for management of the
business; therefore, the building and site are both adequate to
accommodate the proposed use. Conditions of approval, such as
limiting all work to the inside of the building, and allowing for periodic
inspections to ensure the operation of the business is not impacting the
adjacent businesses, have been included as part of the approval. In
addition, the proposed business qualifies as a Class 32 Categorical
Exemption from the requirements of the California Environmental
Quality Act (CEQA) under Section 15332 of the CEQA Guidelines as
an infill development. 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 .
☒ ☐