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
July 28, 2017
Bing Nee
521 Colonia De Los Cedros, Building 63
Los Angeles, CA 90022
SUBJECT: Minor Use Permit No. MUP 17-03
PROJECT ADDRESS: 815 South First Street
Dear Bing Nee:
The public comment period for Minor Use Permit No. MUP 17-03 ended on
July 3, 2017, with no comments from the affected residents or a request for a
public hearing. The Development Services Department has conditionally
approved a Minor Use Permit to operate a small music studio at 815 South
Frist Street, subject to the conditions of approval listed below.
The proposed music studio would operate in an existing 836 square-foot
tenant space located within an existing 3,686 square-foot multi-tenant
commercial building. The proposed business would operate from 2:00PM -
7:00PM Monday through Friday and 11:00AM-7:00PM Saturday and Sunday,
with a maximum of three students and two instructors at any one time.
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 and
emergency vehicle (e.g., fire and medical) access; public protection,
and provisions of utilities.
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 the vicinity and zone in
which the property is located.
MUP 17-03
815 S. First Street
Based on the information available, the proposed project, as conditioned, satisfies all the
required findings necessary to grant a Minor use Permit (See Attachment 1).
The proposed project qualifies as a Class 5 Categorical Exemption for minor alterations in land
use limitations from the requirements of the California Environmental Quality Act (CEQA) under
Section 15305 of the CEQA Guidelines.
Conditions of Approval
1. No noise generated by the proposed use shall be audible outside of the tenant space.
2. The approved use is limited to a small music studio with a maximum of two instructors.
3. The interior floor plan of the music studio shall substantially comply with the application
materials submitted for this permit.
4. 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.
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
$600.00 appeal fee by 5:30 p.m. on Monday August 7, 2017.
Approval of Minor Use Permit No. MUP 17-03 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 August 31, 2017, this approval will become null and void.
This approval shall expire in one year (August 8, 2018) from the effective date unless a building
permit is issued and the construction is diligently pursued, a certificate of occupancy has been
issued, or the approval is renewed.
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. This approval letter must be presented to Building Services to initiate the
permitting process.
MUP 17-03
815 S. First Street
You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter.
If you have any questions regarding the above conditional approval please contact Lisa Flores
at (626) 574-5445 or by email at lflores@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Amanda Landry, AICP
Senior Planner
c: Joseph Koeper, Property Manager
MUP 17-03
815 S. First Street
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.
☒
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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.
☒ ☐
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 music studio would serve up to three students with two
instructors at any time. The proposed music studio is compatible with
the other office uses that exist in the multi-tenant office space as the
business would operate primarily in the afternoon and evening hours and
on weekends. These hours are complementary to the peak hours that
are typical of the other office and retail uses at the subject property. A
condition of approval has been added to ensure that any noise
generated by the proposed business will not disturb other tenants.
☒ ☐
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 existing multi-tenant commercial building and surface parking lot are
in good condition and physically suited to accommodate the proposed
music studio. The property has 15 available parking spaces. The
proposed requires 3 parking spaces, while the remaining office uses
require 9 parking spaces; therefore there will not be any impact on
parking or traffic.
☒ ☐
MUP 17-03
815 S. First Street
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 the vicinity and zone in which the property
is located
The proposed music studio use is compatible with the other uses
allowed in the Mixed Use zone and, as conditioned, would not adversely
affect to surrounding environment.
☒ ☐