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
October 17, 2023
ASA Yoga Pilates
5546 Rosemead Blvd., Ste 208
Temple City, CA 91780
Subject: Minor Use Permit No. MUP 23-06
Project Address: 20 E Foothill Blvd, Suite 118 (dba: ASA Yoga and
Pilates Studio)
Dear Applicant:
The public comment period for Minor Use Permit No. MUP 23-06 has
ended. Staff did not receive any comments during the public comment
period. The Development Services Department has conditionally
approved the Minor Use Permit to allow a small Health and Fitness Facility
(dba: ASA Yoga and Pilates Studio) located at 20 E Foothill Blvd, Suite 118.
The project is subject to the conditions of approval listed below.
The proposed Yoga and Pilates Studio is located within the Commercial-
General (C-G) Zone. The proposed hours of operation are from 9:00 AM to
8:00 PM Monday through Friday and 9:00 AM to 3:00 PM on Saturdays and
Sundays.
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 proposed use is consistent with the General Plan and any
applicable specific plan; and is allowed within the applicable zone,
subject to the granting of a Minor Use Permit, and comply with all
other applicable provisions of the Development Code and the
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, site improvements, loading and
parking; 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.
4. That the measure of site suitability shall be required to ensure that the type,
density, and intensity of use being 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.
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. The use approved by Minor Use Permit No. MUP 23-06 is limited to the operation of
a small Health and Fitness Facility (Yoga and Pilates Studio) within an existing 1,000
square foot commercial space. The business shall be operated and maintained in a
manner that is consistent with the application submitted and conditionally approved
for MUP 23-06, after which the provisions of this MUP may be adjusted by the
Planning & Community Development Administrator, or designee, after due notice to
address any adverse impacts to neighboring businesses and properties.
2. Hours of operation shall be limited to from 9:00 AM to 8:00 PM, Monday through
Friday and 9:00 AM to 3:00 PM on Saturdays and Sundays. Any expansion of the
hours may require an amendment to this approval.
3. If complaints are received by the City regarding noise impacts associated with the
operation, the Applicant shall work with the Deputy Development Services Director,
or designee, to mitigate the noise, and/or adjust the start time for the classes,
number of classes allowed per week, or the number of students.
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. Noncompliance with the plans, provisions and conditions
of approval for MUP 23-06 shall be grounds for immediate suspension or revocation
of any approvals.
6. 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.
7. To the maximum extent permitted by law, the Applicant must defend, indemnify, and
hold the City, any departments, agencies, divisions, boards, and/or commissions of
the City, and its elected officials, officers, contractors serving as City officials, agents,
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 23-06 (“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, at the request of the Applicant or not.
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 $713.00 appeal fee by 4:30 p.m. on Friday, October 27, 2023.
Approval of Minor Use Permit No. MUP 23-06 shall not be in 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 November 18, 2023, this approval will become null
and void.
This approval shall expire in one year October 28, 2024 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.
A building permit and inspection may be required for any 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 amaccarley@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Alison MacCarley
Assistant Planner
Enclosure: Acceptance Form
c: Tiffany Sakurada, (J.A.C. Windows Inc), Property Owner
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 proposed use is consistent with the General Plan and
any applicable specific plan; and is allowed within the applicable
zone, subject to the granting of a Minor Use Permit, and comply with
all other applicable provisions of the Development Code and the
Municipal Code.
The proposed use is for a small Health and Fitness facility – a Yoga
and Pilates Studio and Fitness Center. The facility will operate
within an existing commercial space and no floor area additions are
required to the structure. The General Plan Land Use Designation
for the Site is Commercial, which allows for a mix of commercial
activities. The site is zoned Commercial General. A small Health
and Fitness Facility in the C-G Zone is subject to a Minor Use
Permit. The proposed use is therefore compliant with the General
Plan and Development Code.
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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 Yoga and Pilates Studio 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
accommodate public an emergency vehicle (e.g., fire and medical)
access; public protection, and provisions of utilities.
The existing multi-tenant commercial building is located on La Porte
Street, which is adequate in width and pavement type to carry
emergency vehicles and traffic generated by the proposed use.
There is adequate parking for the proposed use that will be provided
on the subject site. In addition, the proposed Yoga and Pilates
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Studio will be serviced by existing fire and police protection
services, and existing utilities. Therefore, no impacts are anticipated
from the proposed use. .
4. That the measure of site suitability shall be required to ensure
that the type, density, and intensity of use being 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 Yoga and Pilates Studio is consistent with other uses
in the C-G Zone and will benefit the neighborhood 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 proposed use will serve the
Arcadia community and is in accordance with the City’s policies to
enhance the economic base. It will not result in an adverse impact
on the neighboring businesses or properties; nor will it create a
public nuisance. 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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