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
May 6, 2021
Creative World Art Center
Attn: Renee J. Yang
524 S. First Avenue
Arcadia CA 91006
Subject: Minor Use Permit No. MUP 21-02
Project Address 201 S. First Avenue (dba: Creative World Art Center)
Dear Ms. Yang:
The public comment period for Minor Use Permit No. MUP 21-02 ended
on May 4, 2021. Staff did not receive any comments during the public
comment period. On May 6, 2021, the Development Services Department
conditionally approved the Minor Use Permit to allow the operation of a
new art studio and gallery with art classes and workshops located at 201
S. First Avenue (dba: Creative World Art Center). The project is subject to
the conditions of approval listed below.
The proposed art studio and gallery will be located within the Mixed Use
(MU) Zone. It will occupy an existing one-story commercial building
located within the Arcadia Downtown. The proposed hours of operation
are from 10:00 AM to 7:00 PM, daily. A maximum of five staff members
and 16 students will be on-site at any given 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.
Sent via e-mail and mail
MUP No. 21-02
201 S. First Avenue
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 10:00 AM to 7:00 PM, daily. Any expansion in
the hours may require an amendment to this approval.
2. A maximum of five (5) staff members and 16 students may be on-site at any given
time.
3. Classes and workshops shall be confined to the interior of the building. No classes
or other activities are permitted on the property outside of the building.
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. 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.
6. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
MUP No. 21-02
201 S. First Avenue
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.
7. Noncompliance with the plans, provisions and conditions of approval for MUP 21-02
shall be grounds for immediate suspension or revocation of any approvals.
8. 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 Tuesday, May 18, 2021.
Approval of Minor Use Permit No. MUP 21-02 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 June 7, 2021, this approval will become null and
void.
This approval shall expire in one year (May 19, 2022) 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 plans 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.
MUP No. 21-02
201 S. First Avenue
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)
574-5447 or by email at CSong@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Christine Song
Associate Planner
Attachment: Minor Use Permit – Findings for Approval
Acceptance Form
c: Martin Huang, Property Owner
Lisa Flores, Planning & Community Development Administrator
MUP No. 21-02
201 S. First Avenue
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 art studio and gallery use is consistent with the
Mixed Use General Plan land use designation, which is intended
to encourage a strong pedestrian-oriented environment that
provides a variety of retail and service uses, restaurants, and
neighborhood-serving commercial uses in the Downtown. The art
studio and gallery will provide additional activity services that will
be available to the residents in the Downtown and the general
public. In addition, the use will not adversely affect the
comprehensive General Plan or 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.
The zoning of the site is Mixed Use (MU) and the Arcadia
Development Code Section 9102.05.020 allows art studio and
galleries 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.
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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 art studio and gallery will be located within an
existing commercial building on S. First Avenue. The building is
adequate in size to accommodate the proposed use. In addition,
the use, and the proposed hours of operation, will be compatible
with similar commercial uses in the downtown area. Lastly, any
expansion in the hours may require an amendment to this
approval. Therefore, the proposed art studio and gallery will be
compatible with the existing and future land uses in the vicinity.
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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,
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MUP No. 21-02
201 S. First Avenue
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 proposed art studio and gallery will be located within an
existing one-story commercial building on S. First Avenue. The
building and site are adequate in size to accommodate the
proposed use. Parking for the proposed use will be provided on
the subject site and through available public street parking, as the
subject site is located within the Downtown Parking Overlay area.
No exterior improvements are required to accommodate the use.
In addition, the site is located at the intersection of Bonita Street
and First Avenue, which are adequate in width and pavement type
to carry emergency vehicles and traffic generated by the proposed
use. Lastly, the proposed art studio and gallery 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 art studio and gallery is compatible with other uses
allowed in the MU Zone and will benefit the neighborhood and
environment 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 subject
building and site are adequate in size to accommodate the
proposed use. 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 a nuisance or
be materially injurious to the community, and will not be out of
character with uses in the general area.
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