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
March 26, 2024
Changli Inc
16025 Arrow Highway St H
Irwindale CA 91706
Subject: Minor Use Permit No. MUP 24-02
Project Address: 20 E Duarte Road (dba: Changli Dance Studio)
Dear Applicant:
The public comment period for Minor Use Permit No. MUP 24-02 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: Changli Dance Studio) located at 20 E Duarte Road. The project is
subject to the conditions of approval listed below.
The proposed Dance Studio is located within the Commercial- General (C-
G) Zone. The proposed hours of operation are from 10:00 AM to 6:00 PM
Monday through Friday.
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 24-02 is limited to the operation of
a small Health and Fitness Facility (Dance Studio) within an existing 1,200 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
24-02, 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. 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.
3. 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.
4. 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 24-02 shall be grounds for immediate suspension or revocation
of any approvals.
5. 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.
6. 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 24-02 (“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 Monday, April 8, 2024.
Approval of Minor Use Permit No. MUP 24-02 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 May 25, 2024, this approval will become null and
void.
This approval shall expire in one year April 9, 20254 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: D’Aquino Properties, LLC, 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 Dance
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 Dance 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.
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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 Duarte
Road, 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 Dance Studio will be
serviced by existing fire and police protection services, and existing
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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 Dance 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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