HomeMy WebLinkAboutDecision LetterSent via e-mail
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
August 22, 2024
Rixiang Huang
905 S. 1st Avenue
Arcadia, CA 91006
Subject: Minor Use Permit No. MUP 24-08
Project Address: 905 S. 1st Avenue (dba: Empire Music Arcadia)
Dear Mr. Huang,
The public comment period for Minor Use Permit No. MUP 24-08 ended
on August 20, 2024. Staff did not receive any comments during the public
comment period. After review of the proposed use, location, and its
operating hours, the Development Services Department conditionally
approved the Minor Use Permit to allow a retail piano shop (dba Empire
Music Arcadia) to have one-on-one piano instruction by appointment only.
The project is subject to the conditions of approval listed below.
The proposed one-on-one piano instruction will be located within the
General Commercial (C-G) Zone. The room in which the one-on-one
piano instruction will take place is 365 square feet – the total area of the
tenant space is 798 square feet). The proposed hours of operation are
from 2:00 PM to 5:00 PM, on Tuesday, Thursday, and Saturday.
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, 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.
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 (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. The use approved by Minor Use Permit No. MUP 24-08 shall be limited to a retail
piano shop (dba Empire Music Arcadia) with one-on-one piano instruction by
appointment only. The room in which the one -on-one piano instruction will take
place is 365 square feet – the total area of the tenant space is 798 square feet).
The business shall be operated and maintained in a manner that is consistent with
the application submitted and conditionally approved for MUP 24-08, after which
the provisions of this MUP may be adjusted by the Deputy Development Services
Director, or designee, after due notice to address any adverse impacts to
neighboring businesses and properties.
2. Hours of operation related to the one-on-one piano instruction shall be limited to
2:00 PM to 5:00 PM, on Tuesday, Thursday, and Saturday. Any modification of the
hours may require an amendment to this approval as determined by the Deputy
Development Services Director or designee.
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 24-08 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,
Deputy Development Services Director, 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
24-08 (“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 Planning Division along with a
$728.00 appeal fee by 5:30 p.m. on Tuesday, September 3, 2024. The appeal may be
filed in person or online at www.ArcadiaCA.gov/Edge. City Hall is closed on August 23,
2024 and September 2, 2024 in observance of Labor Day.
Approval of Minor Use Permit No. MUP 24-08 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 October 7, 2024, this approval will become
null and void.
This approval shall expire in one year (September 4, 2025) 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. Should you have any questions regarding these comments, please contact
me at (626) 574-5444 or by email at mlee@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Mel Lee, AICP
Contract Planner
Attachment: Minor Use Permit – Findings for Approval
Acceptance Form
c: Serena Cheng, 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 one-on-one piano instruction in conjunction
with an existing retail piano shop (dba Empire Music Academy).
The instruction will take place within a 365 square foot room within
an existing 798 square foot commercial building. No additions or
expansion to the existing structure are proposed. The General
Plan Land Use Designation for the Site is Commercial, which
allows for a broad array of commercial enterprises. The site is
zoned General Commercial (C-G). One-on-one piano instruction 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 one-on-one piano instruction will be in an existing
commercial space within an existing building. The commercial unit
is of a sufficient size to accommodate the proposed use. The
instruction will take place within a 365 square foot room within an
existing 798 square foot commercial building. The proposed hours
of operation are from 2:00 PM to 5:00 PM, on Tuesday, Thursday,
and Saturday. The proposed one-on-one piano instruction will not
negatively interfere with any of the existing uses. The C-G Zone is
intended to provide for office, retail, service, and similar compatible
uses. The operating characteristics of the business, the site
conditions, existing parking, and location will be compatible with
the existing and future land uses in the vicinity.
.
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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
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pavement type to accommodate public an emergency vehicle
(e.g., fire and medical) access; public protection, and provisions of
utilities.
The site is physically suitable for the proposed one-on-one piano
instruction. The building and site do not require any additional
improvements or alterations to accommodate the proposed use.
The property includes on-site parking spaces for the use. The site
with the proposed use 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 one-on-one piano instruction is consistent with other
uses in the C-G Zone and will benefit the neighborhood by serving
the businesses 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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