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
September 9, 2024 Via Email & Mail
Monica Mao Tatum
1446 Las Lunas Street
Pasadena, CA 91106
Subject: Minor Use Permit No. MUP 24-11
Project Address: 204 N. First Avenue
Dear Applicant:
The public comment period for Minor Use Permit No. MUP 24-11 has ended
September 5, 2024. Staff received no comments during the public comment
period. The Development Services Department has conditionally
approved the Minor Use Permit to allow a 1,682 square foot health and
fitness facility (Lagree fitness studio) located at 204 N. 1st Avenue. The
project is subject to the conditions of approval listed below.
The proposed exercise studio is located within the Downtown Mixed Use
(DMU) Zone. The exercise studio will offer 45-minute long Lagree Fitness
classes with each class comprising one (1) trainer and up to four (4)
students. The business hours will be from 6:00 AM to 7:00 PM, Monday to
Thursday, 6:00 AM to 1:00 PM, Friday, and 7:00 AM to 12:00 PM, Saturday
and Sunday.
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 24-11 is limited to the operation of
a health and fitness facility (Lagree fitness studio) within an existing 1,682 square
foot commercial space. The business shall be operated and maintained in a manner
that is consistent with the application submitted and these conditions of approval for
MUP 24-11. 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. The Health and Fitness facility shall offer 45-minute long Lagree Fitness classes with
each class comprising one (1) trainer and up to four (4) students.
3. The proposed business hours shall be from 6:00 AM to 7:00 PM, Monday to
Thursday, 6:00 AM to 1:00 PM, Friday, and 7:00 AM to 12:00 PM, Saturday and
Sunday.
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 24-11 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, agent s,
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 24-11 (“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.
8. Approval of Minor Use Permit No. MUP 24-11 shall not be in effect unless the
Property Owner and Applicant have executed and filed the Acceptance Form with
the City on or before 30 calendar days after the approval date. The executed
Acceptance Form submitted to the Development Services Department is to indicate
awareness and acceptance of the conditions of approval.
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 $728.00 appeal fee by 5:30 p.m. on September 19, 2024. The appeal may
be filed in person or online at www.ArcadiaCA.gov/Edge.
Approval of Minor Use Permit No. MUP 24-11 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 9, 2024, this approval will become null and
void.
This approval shall expire in one year September 20, 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 finding s 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 the above approval, please contact me at
(626) 574-5442 or by email at fgraham@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Fiona Graham
Planning Services Manger
Enclosed
c: Mills Family Trust, 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 1,682 square foot Health and Fitness
facility. 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 Downtown Mixed
Use, which allows for a mix of commercial activities. The site is
zoned DMU. A Health and Fitness Facility in the DMU 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 1,682 square foot Health and 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, the proposed hours of operation, and limitations on the
number of instructors and class sizes as conditioned, 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 the
northwest corner of N. 1st Avenue and Santa Clara Street. Both
streets are adequate in width and pavement type to carry
emergency vehicles and traffic generated by the proposed use. The
mixed-use building where the use is to be located has a surface
level parking lot with 17 spaces allocated for the commercial uses
at the property. The property is within the Downtown Parking
Overlay and therefore no additional parking is required pursuant to
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the Development Code. The property is also in close proximity to
the Metro A Line Station and there is adequate street parking on
Santa Clara and First Avenue. Furthermore, Staff inspected the site
on various occasions and note there is always sufficient parking
available onsite to accommodate the health and fitness facility. For
this reason, the use is not anticipated to generate any parking
impacts. In addition, the proposed Health and Fitness facility 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 Health and Fitness facility is consistent with other
uses in the DMU 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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