Loading...
HomeMy WebLinkAboutDecision Letter_11-8-18 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 November 8, 2018 Black Diamond Dance Studio C/O Xiamo Liu 2453 Costa Del Sol La Verne, CA 91750 Subject: Minor Use Permit No. MUP No. 18-04 Project Address: 1149 Huntington Drive Dear Applicant: The public comment period for Minor Use Permit No. MUP 18-04 ended on November 7, 2018. A public hearing was not requested and no public comments were received. The Development Services Department has conditionally approved a Minor Use Permit for a new 1,200 square foot dance and yoga studio (d.b.a. Black Diamond Dance Studio) at 1149 Huntington Drive, 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. 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. 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). MUP 18-04 1149 Huntington Drive 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. In addition, the project is subject to the following conditions. Conditions of Approval 1. There shall be no more than twelve (12) people (i.e. ten (10) students and two (2) staff members/instructors) at the studio at any given time. 2. The hours of operation shall be limited to: a. Monday - Sunday: 9:00 a.m. to 10:00 a.m., 1:00 p.m. to 2:00 p.m., 4:00 p.m. to 5:00 p.m. & 7:00 p.m. to 8:00 p.m. Any expansion in the hours may require an amendment to this approval. 3. The Dance studio requires a total of nine (9) parking spaces. The previous uses required five (5) parking spaces; therefore, the proposed use requires an additional four (4) parking spaces. In light of Staff’s concerns regarding the lack of parking at the subject site, a parking study was requested. The parking study determined that there is sufficient parking for the proposed and existing uses during the proposed hours of operation. Therefore, approval of MUP 18-04 is subject to the findings of the parking study dated October 15, 2018. Should parking issues arise in the future due to a lack of parking caused by the dance studio, an amendment to this approval may be required. 4. All signage, including window signs, shall be in conformance with the City of Arcadia Development Code and shall require review and approval of the Planning Services. 5. The applicant shall be required to implement a minimum 15 minute break in between classes to allow sufficient time in between the end and the commencement of classes. 6. Should traffic related issues arise from parents dropping off and picking up students, the applicant shall be required to work with Staff to provide an adequate drop off/loading area at the rear of the unit. 7. If complaints are received by the City regarding noise impacts associated with the operation of the dance studio, the applicant shall work with Staff to mitigate the noise-related complaints. 8. This Minor Use Permit may be periodically monitored to insure 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. 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 MUP 18-04 1149 Huntington Drive 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 appeal fee, by 5:30 p.m. on Monday, November 19, 2018. Approval of Minor Use Permit No. MUP 18-04 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 Monday, December 10, 2018, or if the project is appealed, this approval will become null and void. This approval shall expire in one year (November 20, 2019) 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 design concept plans and any conditions of approval. Any inconsistency from the approved use may preclude the issuance of a building permit. 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. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter. If you have any questions regarding the above approval, please contact me at (626) 574-5442 or by email at ltorrico@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Luis Torrico Senior Planner Attachment c: New World International, LLC, Property owner Lisa L. Flores, Planning & Community Development Administrator MUP 18-04 1149 Huntington Drive Attachment 1: Required Findings for Approval of a Minor Use Permit Pursuant to Development Code Section 9107.09.050 FINDING YES NO 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. The proposed dance studio use is consistent with the Commercial land use designation of the site, which encourages a wide range of commercial uses which serve both neighborhood and citywide markets, including but not limited to, recreational, entertainment and service uses. In addition, the use will not adversely affect the comprehensive General Plan or any 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. The zoning of the site is General Commercial (CG) and the Arcadia Development Code Section 9102.03.020 allows small health/fitness facilities (i.e. 3,000 square feet or less in area) in the CG Zone with a Minor Use Permit. Therefore, the proposed use will be in compliance all applicable provisions of the Development and Municipal Code. In addition, conditions of approval have been included to ensure compliance. ☒ ☐ 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 dance studio is compatible with the other uses that exist within the commercial center and the surrounding area. The subject site is located within the CG Zone which allows similar commercial and service uses. The classes will be held at non-peak business hours; from 9:00 a.m. to 10:00 a.m., 1:00 p.m. to 2:00 p.m., in the early evening from 4:00 p.m. to 5:00 p.m. and late evening hours from 7:00 p.m. 8:00 p.m. Monday through Sunday. The center houses a variety of existing commercial and services uses that have generate customers throughout the day and don’t peak at any given time. Therefore, the proposed dance studio is not expected to impact the existing businesses in the center. In addition, a parking study was prepared which determined that there is sufficient parking for the proposed and existing uses. ☒ ☐ 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 ☒ ☐ MUP 18-04 1149 Huntington Drive 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 proposed dance studio will be located within a commercial center located on Huntington Drive which is adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use. Parking for the proposed use will be provided on the subject site. Based on a parking study submitted by the applicant, there is adequate parking for the proposed use and existing uses on the subject site. In the event parking becomes an issue in the future, conditions of approval have been included to allow Staff to amend the approval. In addition, the tenant space is adequate in size to accommodate the proposed use and classes will be spaced fifteen minutes apart to provide adequate time between the end and commencement of classes. 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 dance studio is compatible with the other uses allowed in the CG Zone and will benefit the neighborhood and environment. The use will provide additional recreational opportunities for residents in the area and the general public. 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. In addition, conditions of approval have been included as part of the approval to assist in mitigating impacts to the public welfare. ☒ ☐