HomeMy WebLinkAboutItem 8 - CUP-16-04DATE: June 14, 2016
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jordan Chamberlin, Assistant Planner
SUBJECT: RESOLUTION NO. 1965 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 16-04 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,835
SQUARE-FOOT MARTIAL ARTS STUDIO AT 127 S. FIRST AVENUE
Recommendation: Approve and Adopt Resolution No. 1965
SUMMARY
The applicant, Mr. Paul Nguyen, is requesting approval of Conditional Use Permit No.
CUP 16-04 to operate a 1,835 square-foot martial arts studio in an existing 8,900
square-foot commercial building at 127 S. First Avenue. The proposed martial arts
studio will accommodate up to 20 students and one (1) staff member/instructor. The
project has been found to be exempt from review under the California Environmental
Quality Act (CEQA) as a Class 1 Exemption for use of an existing building. It is
recommended that the Planning Commission approve CUP 16-04 and adopt Resolution
No. 1965 (Attachment No. 1) that incorporates the requisite findings for a Categorical
Exemption and approval of a Conditional Use Permit, and the conditions of approval as
listed in this staff report.
BACKGROUND
The subject property is zoned Mixed Use (MU) and is developed with a one-story, 8,900
square-foot commercial building. There are six occupied units in the subject building: a
965 square-foot health supply store a 965 square-foot nail salon, a 965 square-foot day
spa, a 2,900 square foot tanning salon, a 635 square-foot real estate office, and a 635
square-foot florist. The previous tenant of the subject unit was California Airsoft, a
retailer of simulated firearms that closed in March of this year. The subject property is
accessed from S. First Avenue and Bonita Street. There are 13 surface parking spaces
on-site including one handicapped-accessible space – refer to Attachment No. 2 for an
Aerial Photo with Zoning Information and Photos of the Subject Property and
Surrounding Properties.
Resolution No. 1965 – CUP 16-04
127 S. First Avenue
June 14, 2016 – Page 2 of 8
PROPOSAL
The applicant is requesting a Conditional Use Permit to operate a martial arts studio for
children and adults. A Conditional Use Permit (CUP) is required for martial arts studios
in the Mixed Use (MU) zone per Arcadia Municipal Code Section 9268.10.
The proposed business hours are from 7:00 a.m. to 8:00 p.m., Monday through
Saturday with five classes per day – refer to Table 1 below for the class schedule. The
maximum allowed occupancy of the unit is 30 people, which will easily accommodate
the proposed one (1) instructor and twenty (20) students. Small interior changes to the
unit are proposed to create a 799.5 square-foot instructional mat area, an office, a
dressing room, and equipment storage area - refer to Attachment No. 3 for the Site Plan
and Floor Plan.
PROPOSED CLASS SCHEDULE
Time (Mon.-Sat.) Class Type
7:00 a.m. – 8:00 a.m. Executive Class (10-12 students)
11:00 a.m. – 12:00 p.m. Lunch Class (10-15 Students)
3:30 p.m. – 4:20 p.m. Kids Class (20 Students)
5:00 p.m. – 6:00 p.m. Beginners Class (20 Students)
6:30 p.m. – 8:00 p.m. Intermediate/Advanced Class (20 Students)
ANALYSIS
Under current parking standards, a martial arts studio requires one (1) parking space for
every 100 square-feet of instructional floor area. The applicant is proposing a 799.5
square-foot instructional area, which requires eight (8) parking spaces. Based on the
current mix of uses and the proposed martial arts studio, the parking requirement for the
site is 43 spaces, a deficiency of 30 spaces per Code.
PARKING REQUIREMENT
Use Size Parking Requirement
Health Supply Store 965 sf 4.8 spaces
Nail Salon 965 sf 4.8 spaces
Day Spa 965 sf 4.8 spaces
Tanning Salon 2,900 sf 14.5 spaces
Real Estate Office 635 sf 2.5 spaces
Florist 635 sf 3.2 spaces
Martial Arts Studio 1,835 sf w/799.5 sf instructional area 8.0 spaces
TOTAL 8,900 sf 42.6 spaces
The previous use was retail, which required five (5) spaces for every 1,000 square feet
of gross floor area for a requirement of nine (9) parking spaces. Since the proposed use
Table 1. Proposed schedule for the martial arts studio.
Table 2. The parking required for existing and proposed uses at 127 S. First Avenue
Resolution No. 1965 – CUP 16-04
127 S. First Avenue
June 14, 2016 – Page 3 of 8
requires less parking than the previous use, a Parking Modification is not required for
this CUP application. The parking lot area has one handicapped-accessible space. As a
condition of approval, it is recommended that this space be upgraded to a van-
accessible space. The parking lot area also has designated parking spaces for
individual businesses, which is prohibited under the Zoning Code. The parking space
designation signs are required to be removed, and it is recommended that a condition of
approval be included that this be completed prior to a Certificate of Occupancy and/or
Business License being issued.
The parking area for the subject property is accessed from a one-way driveway off of
Bonita Street. To exit the subject property, vehicles travel through the parking area of
115-119 S. First Avenue, the neighboring property to the north, and exit onto the
alleyway between Santa Anita Avenue and First Avenue. A recorded covenant for this
egress arrangement does not exist between the two properties; however, the property
owner for 127 S. First Avenue states that this has been the vehicular circulation pattern
for the past 40 years.
With the addition of the proposed martial arts studio, staff has concerns that there will
be an increase in vehicular traffic, which will result in more cars using the neighboring
property to exit. In order for the subject property’s parking area to be functional, egress
must be maintained through the adjacent property.
The applicant has provided an agreement that has been signed by both property
owners stating that the neighboring property owner has no objection to the applicant’s
use of their property for egress purposes – refer to Attachment No. 4 – Neighboring
Property Owner Agreement. Staff recommends that a written agreement be recorded
with the Los Angeles County Recorder’s Office that allows the applicant and future
owners of the subject property the right of access, ingress and egress, through the
neighboring property, 115-119 S. First Avenue. Such agreement shall require approval
by the City Attorney prior to recordation. This has been included as a condition of
approval.
The subject plans were reviewed by Engineering Services. Given that there is existing
street parking along S. First Avenue, and the added condition that adequate egress be
maintain between the subject property and the neighboring property to the north, and
that the vehicular circulation has functioned in this manner for a number of years without
any issues, it was determined that there should not be any vehicular circulation issues
as a result of this proposal. The proposed martial arts studio is compatible with the
surrounding uses, and complies with the City’s General Plan and Zoning Code.
The Economic Development Division is also in favor of the proposed martial arts studio.
It is a use that will be complementary to the existing retail and restaurant uses in the
area. The martial arts studio will fill an existing commercial vacancy along First Avenue
in the southerly portion of the Downtown District; an area that is still in the process of
revitalizing. The mid-block location is a good fit as this leaves the prime street corner
locations in the area available for uses such as restaurants and retail stores. For these
reasons, the Economic Development Division is in favor of this proposal.
Resolution No. 1965 – CUP 16-04
127 S. First Avenue
June 14, 2016 – Page 4 of 8
There is not a trash enclosure on the subject property. It is recommended that the
property owner/applicant construct a fully-roofed trash and recyclables enclosure that
complies with City codes and the National Pollutant Discharge Elimination System
(NPDES – stormwater pollution prevention) requirements. Except for signage and the
construction of the trash enclosure, no external changes to the building are anticipated.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such
zone or vicinity.
The proposed use is a martial arts studio for up to 20 students with one (1) staff
member/instructor. With the proposed egress agreement, the traffic that could be
generated will not adversely impact the adjacent businesses and properties, and
this use will not be detrimental to the public health or welfare, or the surrounding
properties. A martial arts studio is consistent with the Mixed Use (MU) Zoning and
General Plan Land Use Designation of the site, and will not conflict with the other
uses on site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
The zoning of the site is MU, Mixed Use, and Arcadia Municipal Code Section
9268.10 allows martial arts studio in the MU zone with an approved Conditional Use
Permit.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping, and other features required to adjust said use with the land and
uses in the neighborhood.
The proposed martial arts studio will occupy 1,835 square-feet of an existing 8,900
square-foot commercial building, and have a 799.5 square-foot instructional mat
area. The interior of the building will be remodeled to accommodate the proposed
use. There is a parking deficiency of 30 spaces on-site; however, the proposed use
requires one less parking space than the previous retail use so a Parking
Modification is not needed. The parking area is accessed by a one-way driveway off
of Bonita Street. To exit the subject property, vehicles travel through the parking
area of 115-119 S. First Avenue, the neighboring property to the north, and exit
onto an alleyway. As a condition of approval, continued egress from the subject
property through 115-119 S. First Avenue must be maintained so long as a martial
arts studio is in operation at the subject location. If adequate egress is not
maintained, the Conditional Use Permit shall be null and void. This will ensure that
adequate vehicular circulation is maintained. In addition, there is street parking
Resolution No. 1965 – CUP 16-04
127 S. First Avenue
June 14, 2016 – Page 5 of 8
along S. First Avenue. The property features, lighting, landscaping, and other
improvements adequate for this commercial proposal.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
The site is located along S. First Avenue and Bonita Street. Access to the parking
lot is from Bonita Street at the south side of the property. Egress is through the
adjacent property to the north to a public alleyway. The streets and alleyway are
adequate in width and pavement type to carry the traffic that will be generated by
the proposed martial arts studio. The proposed use will not impact these rights-of-
way.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Approval of a commercial use, such as the proposed martial arts studio is
consistent with the Commercial Land Use Designation of the site. The proposal will
not adversely affect the comprehensive General Plan.
The proposed project, with the recommended conditions of approval will satisfy each
prerequisite condition, and 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, 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.
ENVIRONMENTAL ASSESSMENT
If it is determined that no significant physical
alterations to the site are necessary, then this
project, as a use of an existing facility, qualifies as a
Class 1 Categorical Exemption per the provisions of
the California Environmental Quality Act (CEQA)
pursuant to Section 15301(a) of the CEQA
Guidelines. Refer to Attachment No. 5 for the
Preliminary Exemption Assessment.
PUBLIC NOTICE
Public hearing notices for this item were mailed to
the property owners and tenants of those properties
that are located within 300 feet of the subject
property on June 3, 2016. As of June 9, 2016, staff
has not received any public comments on this project.
Figure 1. Radius Map
Resolution No. 1965 – CUP 16-04
127 S. First Avenue
June 14, 2016 – Page 6 of 8
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
exempt it per CEQA Section 15301(a), by adopting the attached Resolution No. 1965,
which includes the following conditions of approval:
1. The use approved by CUP 16-04 is limited to a martial arts studio, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 16-04, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be
adjusted after due notice to address any adverse impacts to the adjacent streets,
rights-of-way, and/or the neighboring businesses and properties.
2. A maximum of one (1) staff member/instructor and twenty (20) students shall be
permitted per class, with classes to take place Monday through Saturday, 7:00 a.m.
to 8:00 p.m. consistent with the following schedule:
Time (Mon.-Sat.) Class Type
7:00 a.m. – 8:00 a.m. Executive Class (10-12 students)
11:00 a.m. – 12:00 p.m. Lunch Class (10-15 Students)
3:30 p.m. – 4:20 p.m. Kids Class (20 Students)
5:00 p.m. – 6:00 p.m. Beginners Class (20 Students)
6:30 p.m. – 8:00 p.m. Intermediate/Advanced Class (20 Students)
3. Prior to the issuance of a Certificate of Occupancy and/or a Business License, the
applicant shall provide for the execution and recordation with the Los Angeles
County Recorder’s Office of a written agreement between the owner of the subject
property and the adjacent property owner of 115-119 S. First Avenue pursuant to
which the applicant and successive owners/operators of the subject martial arts
studio shall have the right of access, ingress and egress, through such adjacent
property. Such agreement shall require approval of the form and content thereof by
the City Attorney prior to recordation. For this purpose, the applicant shall submit to
the City an advance deposit in the amount of $1,500.00; provided that in the event
that there are excess funds following the City Attorney review and approval, they
shall be promptly refunded to the applicant by the City; and further provided that in
the event the deposit proves insufficient, the applicant shall promptly submit
additional deposits with City.
4. One (1) van-accessible handicapped parking space shall be provided in the parking
lot area of the subject property prior a Certificate of Occupancy and/or a Business
License being issued.
5. The designated parking space signs located in the rear parking lot area shall be
removed prior to a Certificate of Occupancy and/or a Business License being
issued.
6. The property owner/applicant shall construct a fully-roofed trash and recyclable
enclosure to comply with City codes and the NPDES requirements prior to a
Certificate of Occupancy being issued.
Resolution No. 1965 – CUP 16-04
127 S. First Avenue
June 14, 2016 – Page 7 of 8
7. 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,
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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 16-04
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the martial arts studio.
9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional approval of the City Council, Planning Commission, or
City Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and/or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officials, officers,
employees, and agents in the defense of the matter.
10. Approval of CUP 16-04 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
applicant have executed and filed with the Community Development Administrator
or designee an Acceptance Form available from the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve Conditional Use Permit No. CUP 16-04, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 1965
that incorporates the requisite environmental and Conditional Use Permit findings and
the conditions of approval as presented in this staff report, or as modified by the
Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny Conditional Use Permit Application No. CUP 16-04, state the
finding(s) that the proposal does not satisfy with reasons based on the record, and
Resolution No. 1965 – CUP 16-04
127 S. First Avenue
June 14, 2016 – Page 8 of 8
direct staff to prepare a resolution for adoption at the next meeting that incorporates the
Commission’s decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the June 14, 2016 hearing, please contact Assistant
Planner, Jordan Chamberlin at (626) 821-4334, or JChamberlin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1965
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 3: Site Plan and Floor Plan
Attachment No. 4: Neighboring Property Owner Agreement
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 1965
RESOLUTION NO. 1965
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 16-04 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 1,835
SQUARE-FOOT MARTIAL ARTS STUDIO AT 127 S. FIRST AVENUE
WHEREAS, in March 2016, an application was filed by Mr. Paul Nguyen, for a
Conditional Use Permit to operate a 1,835 square-foot martial arts studio in an existing
8,900 square-foot commercial building at 127 S. First Avenue (the “Project”); and
WHEREAS, on May 31, 2016, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
(CEQA), and recommended that the Planning Commission determine that the Project is
exempt under CEQA per Section 15301 of the CEQA Guidelines because the Project is
converting the use of an existing building, does not involve the use of a significant
amount of any hazardous materials, and does not exceed 10,000 square feet of floor
area within an urbanized setting; and
WHEREAS, on June 14, 2016, a duly noticed public hearing was held before the
Planning Commission on the Project, at which time all interested persons were given full
opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Community Development
Division in the report dated June 14, 2016, are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
2 1965
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare or injurious to the property or improvements in such zone or
vicinity.
FACT: The proposed use is a martial arts studio for up to 20 students with one
(1) staff member/instructor. With the proposed egress agreement, the traffic that could
be generated will not adversely impact the adjacent businesses and properties, and this
use will not be detrimental to the public health or welfare, or the surrounding properties.
A martial arts studio is consistent with the Mixed Use (MU) Zoning and General Plan
Land Use Designation of the site, and will not conflict with the other uses on site, or in
the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: The zoning of the site is MU, Mixed Use, and Arcadia Municipal Code
Section 9268.10 allows martial arts studio in the MU zone with an approved Conditional
Use Permit.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping, and other features required to adjust said use with the land and uses in the
neighborhood.
3 1965
FACT: The proposed martial arts studio will occupy 1,835 square-feet of an
existing 8,900 square-foot commercial building, and have a 799.5 square-foot
instructional mat area. The interior of the building will be remodeled to accommodate
the proposed use. There is a parking deficiency of 30 spaces on-site; however, the
proposed use requires one less parking space than the previous retail use so a Parking
Modification is not needed. The parking area is accessed by a one-way driveway off of
Bonita Street. To exit the subject property, vehicles travel through the parking area of
115-119 S. First Avenue, the neighboring property to the north, and exit onto an
alleyway. As a condition of approval, continued egress from the subject property
through 115-119 S. First Avenue must be maintained so long as a martial arts studio is
in operation at the subject location. If adequate egress is not maintained, the
Conditional Use Permit shall be null and void. This will ensure that adequate vehicular
circulation is maintained. In addition, there is street parking along S. First Avenue. The
property features, lighting, landscaping, and other improvements adequate for this
commercial proposal.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
FACT: The site is located along S. First Avenue and Bonita Street. Access to the
parking lot is from Bonita Street at the south side of the property. Egress is through the
adjacent property to the north to a public alleyway. The streets and alleyway are
adequate in width and pavement type to carry the traffic that will be generated by the
proposed martial arts studio. The proposed use will not impact these rights-of-way.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
4 1965
FACT: Approval of a commercial use, such as the proposed martial arts studio is
consistent with the Commercial Land Use Designation of the site. The proposal will not
adversely affect the comprehensive General Plan.
6. That the Project is Categorically Exempt from the California Environmental
Quality Act (CEQA) per Section 15301 of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons the Planning Commission
determines that the Project is Categorically Exempt per Section 15301 of the CEQA
Guidelines, and approves Conditional Use Permit No. CUP 16-04 for a martial arts
studio at 127 S. First Avenue, subject to the conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this _____ day of _____________, 2016.
___________________________
Chairman, Planning Commission
ATTEST:
______________________
Secretary
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
5 1965
RESOLUTION NO. 1965
Conditions of Approval
1. The use approved by CUP 16-04 is limited to a martial arts studio, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 16-04, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be
adjusted after due notice to address any adverse impacts to the adjacent streets,
rights-of-way, and/or the neighboring businesses and properties.
2. A maximum of one (1) staff member/instructor and twenty (20) students shall be
permitted per class, with classes to take place Monday through Saturday, 7:00 a.m.
to 8:00 p.m. consistent with the following schedule:
Time (Mon.-Sat.) Class Type
7:00 a.m. – 8:00 a.m. Executive Class (10-12 students)
11:00 a.m. – 12:00 p.m. Lunch Class (10-15 Students)
3:30 p.m. – 4:20 p.m. Kids Class (20 Students)
5:00 p.m. – 6:00 p.m. Beginners Class (20 Students)
6:30 p.m. – 8:00 p.m. Intermediate/Advanced Class (20 Students)
3. Execution and recordation with the Los Angeles County Recorder’s Office of a
written agreement with the adjacent property owner of 115-119 S First Avenue
pursuant to which the applicant and future owners of the subject property shall have
the right of access, ingress and egress, through such adjacent property. Such
agreement shall require approval of the form and content thereof by the City
Attorney prior to recordation. For this purpose, the applicant shall submit to the City
an advance deposit in the amount of $1,500.00; provided that in the event that
there are excess funds following the City Attorney review and approval, they shall
be promptly refunded to the applicant by the City; and further provided that in the
event the deposit proves insufficient the applicant shall submit additional advanced
deposits with City promptly.
4. One (1) van-accessible handicapped parking space shall be provided in the parking
lot area prior a Certificate of Occupancy being issued.
5. The designated parking space signs located in the rear parking lot area shall be
removed prior to a Certificate of Occupancy and/or a Business License being
issued.
6. The property owner/applicant shall construct a fully-roofed trash and recyclable
enclosure to comply with City codes and the NPDES requirements prior to a
Certificate of Occupancy being issued.
7. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
6 1965
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,
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.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 16-04
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the martial arts studio.
9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional approval of the City Council, Planning Commission, or
City Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and/or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officials, officers,
employees, and agents in the defense of the matter.
10. Approval of CUP 16-04 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
applicant have executed and filed with the Community Development Administrator
or designee an Acceptance Form available from the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Property and
Surrounding Properties
Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
MU
Number of Units:
MU
Zoning:
Property Characteristics
1951
8,900
1
SHEU FAMILY LIMITED PARTNERSHIP
Site Address:
125 S 1ST AVE
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated03-Jun-2016
Page 1 of 1
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SubjectAApropertyA121-129AS.AFirstA venue,AlookingAnorthwestAalongABonitaA venue
RearAparkingAareaAforAtheAsubjectApropertyA121-129AS.AFirstA venue
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NeighboringApropertyAtoAtheAsoutheast,A200AS.AFirstA venue
NeighboringApropertyAtoAtheAsouthA201AS.AFirstA venue
NeighboringApropertyAtoAtheAsouthwest,A52ABonitaAStreet
NeighboringApropertyAtoAtheAwestA53ABonitaAStreet
Attachment No. 3
Attachment No. 3
Site Plan and Floor Plan
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PROPOSED
MARTIAL ARTS STUDIO(1,835 SQ.FT.)
127 S. 1ST AVE
OWNER:
6+(8)$0,/</,0,7('3$571(56+,3OWNER ADDRESS:
(/$6781$6'56$1*$%5,(/&$
SITE ADDRESS:
667$9($5&$',$&$
APPLICANT:
3$8/1*8<(1
APN:
LEGAL DESCRIPTION:
$3$572)$5&$',$6$17$
$1,7$75$&7(;2)/276 /27%/.LOT SIZE :
;
LOT AREA:
64)7BUILDING AREA:
64)7
67$9( 64)767$9( 64)767$9( 64)7SUBJECT UNIT 127 1ST AVE = 1,835 SQ.FT. 67$9( 64)7%21,7$$9( 64)7 %21,7$$9( 64)7PARKING:
67$//6 $&&(66,%/( 9,&,1,7<0$3
6&$/( 176
127(6PROJECT INFORMATION
68%-(&76,7(
EXISTING SITE PLAN
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EXISTING 1ST AVE (FRONT) ELEVATION
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Attachment No. 4
Attachment No. 4
Neighboring Property Owner Agreement
Attachment No. 5
Attachment No. 5
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit No. Cup 16-04 for a 1,835 square-foot
martial arts studio at 127 S. First Avenue
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
127 S. First Avenue between Alta Street and Bonita Street
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Paul Nguyen
(2) Address 2333 E. Dudley Street
Pasadena, CA 91104
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Class 1 Section 15301(a) - Use Of An Existing Facility
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt
on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: May 31, 2016 Staff: Jordan Chamberlin, Assistant Planner