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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 December 30, 2024 Milica Jelisavcic 2130 Colby Avenue, No.6 Los Angeles, CA 90025 Subject: Minor Use Permit No. MUP 24-01 Project Address: 1354 Michillinda Avenue Dear Ms. Jelisavcic: The public comment period for Minor Use Permit No. MUP 24-01 ended on December 26, 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 two (2) light posts at a height of 20 feet for a private residential sports court located at 1354 Michillinda Avenue. The sport court has been reviewed and approved by the Rancho Santa Anita Property Owners Association. This approval 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, and that the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and 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 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 as a use within an existing facility from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. In addition, the project is subject to the following conditions. MUP No. 24-01 1354 Michillinda Ave Conditions of Approval 1. 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 MUP 24-01, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The sports court lights shall not be turned on or left on between the hours of 11:00 PM and 6:00 AM Sunday through Thursday, and between 12:00 midnight and 6:00 AM Friday and Saturday. 3. The Applicant/Property Owner shall execute an Exterior Lighting Agreement agreeing to all of the court lighting standards as listed in Section 9104.02.330.C.5 of the Development Code. 4. Noncompliance with the plans, provisions and conditions of approval for MUP 24-01 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, Deputy Development Services Director, 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 24-01 (“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 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 MUP No. 24-01 1354 Michillinda Ave 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 Thursday, January 9, 2025. Approval of Minor Use Permit No. MUP 24-01 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 Wednesday, January 29, 2025, this approval will become null and void. This approval shall expire in one year (January 10, 2026) 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 Deputy 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) 574-5422 or by email at gyesayan@ArcadiaCA.gov Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Gary Yesayan Associate Planner Attachments: Minor Use Permit – Findings for Approval Acceptance Form Sport Court Lighting Agreement c: Sushil Anand, Property Owner Lisa Flores, Deputy Development Services Director Sanjay Kucheria, ARB Chair of the Rancho Santa Anita Property Owners Association Attachment 1: MUP No. 24-01 1354 Michillinda Ave 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; and 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 proposed private residential sports court use is consistent with the General Plan Land Use designation of Residential Estates, which is intended to permit single family residences and related recreational uses. The sports court is for private use on the subject property and will not adversely affect the comprehensive General Plan or any applicable specific plan. The zoning of the site is R-0 (30,000) and the Arcadia Development Code Section 9102.01.020 allows Sport Courts in the R-0 Zone by right. The sports court and lighting posts meet the required setbacks and development standards. The sports court shall be screened by a solid 6-foot block wall and hedging along the perimeter of the site to help minimize any visual impacts. Therefore, the sports court will comply with all applicable provisions of the Development and 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. The proposed sports court will be located at the rear of the subject lot, which is 26,334 square feet in size. The subject lot is adequate in size to accommodate the proposed sport court. Per the Sport Courts Lighting Agreement, the lighting will not illuminate a light intensity greater than one foot-candle at the property lines. Sport courts are a common recreational use found on many residential properties. The sport court will not have a significant impact to the adjacent residential properties as it will not be located directly across any habitable or sensitive structures. Therefore, the proposed sports court 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 and emergency vehicle (e.g., fire and police protection) access; public protection, and provisions of utilities. The site is large and adequate in size to accommodate the proposed use in the rear yard. The site has adequate fencing and landscaping to help screen the sport court from the view of the adjacent residential properties. ☒ ☐ MUP No. 24-01 1354 Michillinda Ave The proposed sports court will be located on a single-family residential property that is serviced by existing fire and police protection services, and existing utilities. Therefore, no impacts are anticipated from the proposed use. 4. 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 sports court and lighting are compatible with other properties in the R-0 zone within the general vicinity as this is a common recreational use found on residential. The sports court lights can only be turned on during limited approved hours (per the conditions of approval). All lighting meets the required performance and developments standards as required by the Development Code. The subject site is adequate in size to accommodate the proposed use and the sport court will be compatible with the surrounding residential properties. In addition, the proposed use 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 a minor addition to an existing property. 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. ☒ ☐