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 7, 2021
Xuemei Sun
XS Fitness LLC
234 Santa Rosa Road
Arcadia, CA 91007
Subject: Minor Use Permit No. MUP 21-04
Project Address: 556 Las Tunas Drive, Unit 105 (dba: XS Fitness)
Dear Mr. Sun:
The public comment period for Minor Use Permit No. MUP 21-04 ended on
June 3, 2021. Staff did not receive any comments during the public
comment period. On June 7, 2021, the Development Services Department
conditionally approved the Minor Use Permit to allow the operation of a
new personal training studio located at 556 Las Tunas Drive (dba: XS
Fitness). The project is subject to the conditions of approval listed below.
The proposed personal training studio will be located within the General
Commercial (C-G) Zone. It will occupy an existing unit located within a multi-
tenant commercial building. The proposed hours of operation are from 7:30
AM to 10:00 PM, daily. A maximum of two instructors and five 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, and
that the use proposed is allowed within the applicable zone and
complies with all other applicable provisions of the Development
Code and Municipal Code.
2. 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.
3. 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.
Sent via e-mail and mail
MUP No. 21-04
556 Las Tunas Drive, Unit 105
4. 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 7:30 AM to 10:00 PM, daily. Any expansion in
the hours may require an amendment to this approval.
2. A maximum of two (2) instructors and five (5) students may be on-site at any given
time.
3. Exercise by customers shall be confined to the interior of the building. No classes,
training or other activities are permitted on the property outside the building.
4. Matting shall be installed in the work out areas to minimize the noise related to
dropping of weights.
5. 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.
6. 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.
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,
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.
8. Noncompliance with the plans, provisions and conditions of approval for MUP 21-04
shall be grounds for immediate suspension or revocation of any approvals.
9. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold
City, any departments, agencies, divisions, boards, and/or commissions of the City,
and its elected officials, officers, contractors serving as City officials, agents,
MUP No. 21-04
556 Las Tunas Drive, Unit 105
employees, and attorneys of the City (“Indemnitees”) harmless from liability for
damages and/or claims, actions, or proceedings for damages for personal injuries,
including death, and claims for property damage, and with respect to all other actions
and liabilities for damages caused or alleged to have been caused by reason of the
Applicant’s activities in connection with MUP 21-04 (“Project”) on the Project site, and
which may arise from the direct or indirect operations of the Applicant or those of the
Applicant’s contractors, agents, tenants, employees or any other persons acting on
Applicant’s behalf, which relate to the development and/or construction of the Project.
This indemnity provision applies to all damages and claims, actions, or proceedings
for damages, as described above, regardless of whether the City prepared, supplied,
or approved the plans, specifications, or other documents for the Project.
In the event of any legal action challenging the validity, applicability, or interpretation
of any provision of this approval, or any other supporting document relating to the
Project, the City will promptly notify the Applicant of the claim, action, or proceedings
and will fully cooperate in the defense of the matter. Once notified, the Applicant must
indemnify, defend and hold harmless the Indemnitees, and each of them, with respect
to all liability, costs and expenses incurred by, and/or awarded against, the City or any
of the Indemnitees in relation to such action. Within 15 days’ notice from the City of
any such action, Applicant shall provide to City a cash deposit to cover legal fees,
costs, and expenses incurred by City in connection with defense of any legal action in
an initial amount to be reasonably determined by the City Attorney. City may draw
funds from the deposit for such fees, costs, and expenses. Within 5 business days of
each and every notice from City that the deposit has fallen below the initial amount,
Applicant shall replenish the deposit each and every time in order for City’s legal team
to continue working on the matter. City shall only refund to Developer any unexpended
funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court
of competent jurisdiction resolving the legal action; or (ii) full and complete settlement
of legal action. The City shall have the right to select legal counsel of its choice that
the Applicant reasonably approves. The parties hereby agree to cooperate in
defending such action. The City will not voluntarily assist in any such third-party
challenge(s) or take any position adverse to the Applicant in connection with such
third-party challenge(s). In consideration for approval of the Project, this condition
shall remain in effect if the entitlement(s) related to this Project is rescinded or
revoked, whether or not at the request of the Applicant.
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 Thursday, June 17, 2021.
Approval of Minor Use Permit No. MUP 21-04 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 July 7, 2021, this approval will become null and void.
This approval shall expire in one year (June 18, 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
MUP No. 21-04
556 Las Tunas Drive, Unit 105
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.
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) 821-
4334 or by email at earreola@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Edwin Arreola
Assistant Planner
Attachment: Minor Use Permit – Findings for Approval
Acceptance Form
c: Grace Sien, Arcadia Center LLC, Property Owner
MUP No. 21-04
556 Las Tunas Drive, Unit 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; and
that a 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 proposed personal training use is consistent with the
Commercial land use designation, which is intended to encourage
a variety of retail and service uses, restaurants, and neighborhood-
serving commercial uses that can also serve citywide markets. The
proposed personal training use is also in compliance with the
General Commercial (C-G) Zone and the Arcadia Development
Code Section 9102.03.020, which allows small fitness facilities in
the C-G Zone subject to approval of a Minor Use Permit. The
personal training studio will provide fitness services that will
complement the residential uses in the surrounding area and
provide services to the general public. Therefore, the proposed use
will be in compliance with all applicable provisions of the
Development and Municipal Code and will not adversely affect the
comprehensive General Plan or any applicable specific plan.
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2. 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 small fitness facility will be located within an existing
unit within a commercial building. 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 surrounding area. Any expansion in the hours
may require an amendment to this approval.
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3. 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
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MUP No. 21-04
556 Las Tunas Drive, Unit 105
accommodate public and emergency vehicle (e.g., fire and medical)
access; public protection, and provisions of utilities.
The existing commercial building is located on Las Tunas 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. The proposed
facility will also be serviced by existing fire and police protection
services, and existing utilities. Therefore, no impacts are
anticipated from the proposed use.
4. 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 small fitness facility is compatible with the other uses
allowed in the C-G Zone and will benefit the neighborhood and
environment. The use will provide a recreational activity for
residents and promote a healthy and active lifestyle. The project
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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