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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 June 26, 2019 Oleh Astakhov 3360 E. Foothill Blvd. Pasadena, CA 91107 SUBJECT: Minor Use Permit No. MUP 19-07 PROJECT ADDRESS: 56 E. Duarte Road #105 (dba: Arcadia Ballroom Dance Studio) Dear Mr. Astakhov: The public comment period for Minor Use Permit No. MUP 19-07 ended on June 17, 2019. Staff received one comment with concerns regarding the frequency of group instruction and noise generated by the proposed use. After much consideration, on June 26 2019, the Development Services Department conditionally approved the Minor Use Permit to allow the operation of a ballroom dance studio located at 56 E. Duarte Road, #105 (dba: Arcadia Ballroom Dance Studio), subject to the conditions of approval listed below. The proposed ballroom dance studio will be located within the Mixed Use (MU) Zone. It will occupy an existing unit located within a recently constructed mixed-use development. The proposed hours of operation are from 9:00 pm to 9:00 pm Monday through Sunday. Instruction will consist primarily of one-on-one instruction with up to six people (3 instructors/3 students) at any given time. In addition, group instruction with up to 20 students will be limited to once a week. 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 futu re land uses in the vicinity. MUP No. 19-07 56 E. Duarte Road, #105 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 an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. 5. 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. 6. 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 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. Hours of operation shall be limited to 9:00 am to 9:00 pm Monday through Sunday. Any expansion in the hours may require an amendment to this approval. 2. A maximum of three (3) instructors and three (3) students may be on-site at any given time. In addition, group instruction will be offered once a week with up to 20 students. 3. The operation of the dance studio shall not exceed the following residential zone noise limits, as established by the City’s Municipal Code: a. 7:00 A.M. to 10:00 P.M. : 55 dBA b. 10:00 P.M. to 7:00 A.M. : 50 dBA 4. The exterior door of the units shall remain closed at all times during instruction. 5. 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. 6. 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. MUP No. 19-07 56 E. Duarte Road, #105 7. 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. 8. 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 p lans submitted for plan check review and approval by the aforementioned City officials. 9. Noncompliance with the plans, provisions and conditions of approval for MUP 19-07 shall be grounds for immediate suspension or revocation of any approvals. 10. 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, July 8, 2019. Approval of Minor Use Permit No. MUP 19-07 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 i s due now and if it is not received by July 26, 2019, this approval will become null and void. This approval shall expire in one year (July 9, 2020) 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 plans and any conditions of approval. Any inconsistency from the approved plan s 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 MUP No. 19-07 56 E. Duarte Road, #105 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 and inspection may be required for construction 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) 574-5442 or by email at ltorrico@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Luis Torrico Senior Planner Attachment: Minor Use Permit – Findings for Approval Acceptance Form c: Jason Mak, Property Owner Lisa Flores, Planning & Community Development Administrator Jane Hu, Neighbor MUP No. 19-07 56 E. Duarte Road, #105 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. The proposed ballroom dance studio is consistent with the Mixed Use land use designation, which is intended to permit a wide range of complementary service and retail commercial uses. The dance studio will complement the adjacent uses in the general area and will provide additional services that will be available to the residents in the neighborhood, including the mixed-use development, and the general public. In addition, the use will not adversely affect the comprehensive General Plan or 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. The zoning of the site is Mixed Use (MU) and the Arcadia Development Code Section 9102.05.020 allows dance studios in the MU Zone subject to approval of a Minor Use Permit. Therefore, the proposed use will be in compliance all applicable provisions of the Development 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 dance studio will be located within an existing unit within a newly constructed mixed-use development. The unit is adequate in size to accommodate the proposed use. In addition, the use, and the proposed hours of operation, will be compatible with existing businesses in the area. Furthermore, any expansion in the hours may require an amendment to this approval. ☒ ☐ 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, ☒ ☐ MUP No. 19-07 56 E. Duarte Road, #105 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 p rotection, and provisions of utilities. The existing mixed-use development is located at the southwest corner of Duarte Road and 1st Avenue. Duarte Road 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. In addition, the proposed dance studio will be serviced by existing fire and police protection services, and existing utilities. Therefore, no impacts are anticipated from the proposed use. 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 MU Zone and will benefit the neighborhood and environment. The use will provide additional recreational services 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. Therefore, the proposed use will not impact the public convenience, health, interest, safety of general welfare, will not constitute a nuisance or be materially injurious to the community, and will not be out of character with uses in the general area ☒ ☐ CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 6/26/19 APPLICATION NO.: Minor Use Permit No. MUP 19-07 SUBJECT PROPERTY: 56 E. Duarte Road, #105 I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this 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 (July 26, 2019), this approval will become null and void and all fees will be forfeited.