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HomeMy WebLinkAboutConditional Approval Letter DEVELOPMENT SERVICES DEPARTMENT ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415 May 7, 2026 Via EDGE and Email Christine Ango 355 S. Lemon Avenue, Unit E Walnut, CA 91789 Subject: Minor Use Permit No. MUP 25-15 Project Address: 1025 S. Baldwin Avenue Dear Applicant: The public comment period for Minor Use Permit No. MUP 25-15 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 sale of alcoholic beverages for on-site consumption for a restaurant located at 1025 S. Baldwin Avenue. This 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, site improvements, loading and parking; 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. 2 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 materi ally 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 25-15 is limited to the sale of alcohol for on-site consumption within the proposed restaurant. 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 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 no later than midnight. Any expansion of the hours may require a Conditional Use Permit. 3. 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 25-15 shall be grounds for immediate suspension or revocation of any approvals. 4. 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. 5. 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, 3 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 25-15 (“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 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 $772.00 appeal fee by 5:30 p.m. on May 18, 2026. This approval shall expire in one year May 19, 2027 from the effective date unless a business license is acquired, 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. 4 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) 821-4334 or by email at earreola@arcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Edwin Arreola Senior Planner C: Stanley Sonnega, Property Owner 5 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 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. The zoning of the site is General Commercial (C-G), and the Arcadia Development Code Section 9102.05.020 allows restaurants within this zone. The sale of alcohol for restaurants located within the C-G 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 ☒ ☐ 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 on-sale of alcohol will be done at an existing commercial building for a restaurant, a use that is permitted by right in the General Commercial (C-G) 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. ☒ ☐ 6 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. The site is physically suitable for the proposed sale of alcohol because it will be within an existing commercial building for a restaurant. The site is provides adequate parking within the vicinity of the subject site and the property. Interior tenant improvements may be made for the 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. ☒ ☐ 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 as part of a restaurant within an existing commercial building will be compatible with other uses allowed in the General Commercial (C-G) 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 ☒ ☐ 7 a nuisance or be materially injurious to the community, and will not be out of character with uses in the general area.