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
February 8, 2023
Josué Lovos
4500 Park Granada, Suite 202
Calabasas, CA 91302
SUBJECT: Temporary Use Permit No. TUP 22-23
“Funbox” Inflatable Play Park at The Shops at Santa Anita
PROJECT ADDRESS: 400 S. Baldwin Avenue
Dear Mr. Lovos:
At its February 7, 2023 regular meeting, the Arcadia City Council voted 4-0
to approve Temporary Use Permit No. TUP 22-23, subject to the conditions
of approval listed below.
1. The approval for the Funbox Park Play event is from:
• March 1, 2023, through May 31, 2023, from 9:00 a.m. to 9:00 p.m.,
Friday through Sundays; and
• March 13, April 3 – 7, and May 29, 2023, from 9:00 a.m. to 9:00
p.m.
2. An outdoor assembly permit and inspection is required from the Fire
Department prior to the commencement of operation.
3. Ensure at least two pedestrian exits are provided at exterior chain link
fence per the California Building Code (“CBC”) 1006.2.1. The exits
shall be man-gates that swing in the direction of travel. If hardware is
provided, it shall be panic or push-bar type.
4. The generator shall be enclosed and protected from public access. A
driven ground rod shall be provided for all portable generators. All
120v general use receptacles shall be GFCI protected. All electrical
cords used shall be free from defects and shall be appropriately
protected. An electrical permit is required for temporary generators
and lighting, which shall comply with the 2022 California Electrical
Code.
5. Emergency lighting shall be provided for the event area up to 50 feet
from the play structure.
6. Any electrical wiring on ground shall be secured in a fashion to
prevent tripping.
7. An emergency operations plan shall be submitted to the Fire Department
for review at least one (1) week prior to the commencement of the event.
8. Facilities must meet California’s accessibility requirements. Ensure a
minimum of 5% of all activities are accessible. This includes parking
spaces, portable toilets, and seating arrangements.
9. Accessible routes to and around the attraction shall be provided in
accordance with Section 11B-206 and shall comply with Division 4
California Building Code (“CBC”) 11B-206.
10. The event and set up shall comply with the latest adopted edition of the
following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
11. There must be at least one recycling bin located next to each trach bin.
12. All future events sponsored by FunBox and within the parking lot area at
The Shops at Santa Anita shall be subject to administrative approval of a
Temporary Use Permit. This future Temporary Use Permit approval is only
valid for three months within a calendar year. No City Council hearing shall
be required for these events unless significant operational modifications
are proposed, or if required by the Development Services Director; in which
case, the application may be referred to the City Council.
13. Noncompliance by the Applicant with any Arcadia Municipal Code
provisions or Conditions of Approval for TUP 22-23 shall be grounds for
immediate suspension or revocation of any approvals, which could result
in the closing and/or cancellation of the event.
14. 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 Temporary Use Permit No.
TUP 22-23 (“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, 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 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.
15. Approval of TUP 22-23 shall not take effect until the Applicant/Property
Owner has executed and filed with the City on or before February 28, 2023,
an Acceptance Form available from the Development Services
Department, to indicate acceptance of the conditions required by this
approval.
Approval of TUP 22-23 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. If the Acceptance form is not received
by February 28, 2023, this approval will become null and void and all fees will be
forfeited.
If you have any questions, 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: Acceptance Form
c: Riderwood USA, Inc, Property Owner