HomeMy WebLinkAboutDecision Letter
DEVELOPMENT SERVICES DEPARTMENT
August 26, 2025
Jinlu Ma
56 E Duarte Rd Apt. 319
Arcadia, CA. 91006
Subject: Minor Use Permit No. MUP 25-04
Project Address: 204 S First Ave
Dear Applicant:
The public comment period for Minor Use Permit No. MUP 25-04 has ended August 25, 2025.
Staff received one comment letter during the public comment period, regarding whether this
is safe and appropriate use for the existing neighborhood. The Development Se rvices
Department has conditionally approved the Minor Use Permit to allow a 1,200 square foot
arcade (claw machine arcade) 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 Mixed Use (MU) Zone. The arcade will
have a maximum of twenty (20) claw machines. The business hours will be from 12:00 PM to
8:00 PM, seven days a week.
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
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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 materi ally
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 2 5-04 is limited to the operation of an
arcade (claw machine arcade) 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 these conditions of approval for MUP 25-04. 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 arcade shall have a maximum of twenty (20) claw machines.
3. The proposed business hours shall be from 12:00 PM to 8:00 PM, seven days a week.
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
25-04 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
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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 25-04 (“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 notify the Applicant of the claim, action, or proceedings and will cooperate in
the defense of the matter. 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, the Applicant shall provide to the
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. The 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. The City shall only refund
to the 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. The parties hereby agree to cooperate in defending such
action. The City will not voluntarily assist in any 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.
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
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 4, 2025. The appeal may be filed in person or online at
www.ArcadiaCA.gov/Edge.
Approval of Minor Use Permit No. MUP 25-04 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 September 26, 2025, this approval will become null and void.
This approval shall expire in one year September 4, 2026 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 the above approval, please contact me at (626) 574-5447 or by email at
mchipres@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Melissa Chipres
Senior Planner
Cc: JWLL LLC , Property Owner