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HomeMy WebLinkAboutDecision Letter DEVELOPMENT SERVICES DEPARTMENT ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415 December 12, 2025 Via EDGE, Email & Mail Tigran Vardanyan 1325 Valley View Rd. Glendale, CA 91202 Subject: Minor Use Permit No. MUP 25-11 Project Address: 424 N. First Ave. Dear Applicant: The public comment period for Minor Use Permit No. MUP 25-11 ended on December 1, 2025. Staff received seven (7) letters providing comments on the project during the public comment period. The letters raised safety concerns due to the proposed medical clinic use, the clinic’s operating hours, potential traffic and parking impacts, zoning, and compliance with the California Environmental Quality Act (CEQA). Several letters also included a request for a public hearing. The application for Minor Use Permit No. MUP 25-11 is for a medical clinic to provide both an Intensive Outpatient Program (IOP) and Partial Hospitalization Program (PHP) at the existing commercial building at 424 N. First Avenue. The clinic will provide structured programming for up to 25 patients daily from Monday through Friday from 8:00 a.m. to 7:00 p.m. Patients will be referred to the medical clinic and screened prior to acceptance into the program. Patients will attend the clinic regularly for partial-day or full-day services provided by licensed professionals through individual and group classes. Patients will also be served lunch daily onsite and no services will be provided outside the building. The medical clinic will be subject to applicable licensure and certification requirements administered by the California Department of Health Care Services, and the operator is required to comply with all applicable state regulations governing outpatient behavioral health treatment programs. A Minor Use Permit is not subject to a public hearing but requires public notice prior to determination. While a public hearing may be requested during the public comment period, evidence must be provided indicating that one or more of the required findings for a Minor Use Permit cannot be made. Pursuant to Development Code Section 9107.09.040.B, if the Director determines that the issues raised have been adequately addressed through project Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 2 of 9 design or conditions of approval, the Minor Use Permit may be considered without a public hearing. During the public comment period, no evidence was submitted demonstrating that the required findings for Minor Use Permit No. MUP 25-11 could not be made. Conditions of approval are included to address operating hours, maximum patient numbers, and ongoing compliance monitoring. After review and careful consideration, the Development Services Department conditionally approved Minor Use Permit No. MUP 25-11 for medical clinic use. 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 and 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 use will utilize an existing commercial building without expansion of the building or modifications to the site. The site is fully developed and contains adequate access, parking, and utility connections. There are no negative environmental im pacts identified due to the proposed medical clinic use. As such, 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. Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 3 of 9 Conditions of Approval 1. The use approved by Minor Use Permit No. MUP 25-11 is limited to the operation of a medical clinic offering Intensive Outpatient Program (IOP) and Partial Hospitalization Program (PHP) programming within an existing commercial building at 424 N. First Ave. The use may include individual and group sessions not to exceed a maximum of 25 patients at any one time. 2. The medical clinic shall be operated in a manner that is consistent with the application and plans conditionally approved for Minor Use Permit No. MUP 25 -11. Any proposed changes to the approved operations shall be subject to review by the Deputy Development Services Director, or designee, who may approve minor changes administratively or require a formal amendment to Minor Use Permit No. MUP 25-11, as appropriate, following due notice at his/her discretion. 3. Hours of operation shall be limited to Monday through Friday from 8:00 a.m. to 7:00 p.m. Any changes to the hours of operation may require an amendment to this approval as determined by the Deputy Development Services Director or designee subject to the applicable review process, application, notification, and fee(s). 4. The proposed use shall adhere to City’s Noise Regulations pursuant to Arcadia Municipal Code Article IV, Chapter 6. 5. All signage, including wall and window signs, shall be in conformance with the City of Arcadia Development Code, and shall require review and approval prior to installation. 6. This Minor Use Permit No. MUP 25-11 may be periodically monitored to ensure compliance with City regulations and the conditions of approval, and to verify that the use is operated in a manner that is not detrimental to the public health, safety, or general welfare. Failure to comply with the approved plans, provisions, or conditions of approval shall constitute grounds for enforcement action, including suspension or revocation of this approval, in accordance with applicable City procedures. 7. 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. 8. 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 Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 4 of 9 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 25-11 (“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. 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 $772.00 appeal fee by 5:30 p.m. on December 22, 2025. Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 5 of 9 Approval of Minor Use Permit No. MUP 25-11 shall not be of 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 January 12, 2026, this approval will become null and void. This approval shall expire in one year (December 23, 2026) from the effective date unless a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. An extension may be granted by the Deputy 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 interior tenant improvement. Please contact Building Services at (626) 574-5416 to determine the type of documentation and permits needed. Please contact me at (626) 574-5422 or email gyesayan@ArcadiaCA.gov for questions regarding this approval. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Gary Yesayan Associate Planner Attachment: Acceptance Form c: Louise J. Blanchard, Property Owner Heber Chuang, Neighbor Homeowner (no name provided), Neighbor Paulino DE ASSIS FONG, Neighbor Jeff Chang, Neighbor Jeff and Terrie Stellern, Arcadia Ultimate Automotive, Neighbor Darcy Garcia, Candlewood Court HOA, Neighbor Christy Haines, Neighbor Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 6 of 9 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 complies with all other applicable provisions of the Development Code and the Municipal Code. The proposed use is a medical clinic, as deflned by Development Code Section 9109.01.090, for the provision of Intensive Outpatient Program (IOP) and Partial Hospitalization Program (PHP) services within an existing commercial building located in the General Commercial (C-G) Zone with a General Plan Land Use Designation of Commercial (C), where medical clinics are permitted subject to approval of a Minor Use Permit. The proposed IOP and PHP services consist of structured outpatient medical and therapeutic programming and do not include inpatient treatment, overnight stays, or emergency medical services. The proposed use is consistent with the General Plan Land Use Designation, which is intended to accommodate a wide range of commercial and professional service uses, including medical and healthcare facilities that serve community needs. The Project will utilize an existing commercial site and building that provides parking in compliance with Development Code requirements and does not involve any exterior modiflcations, building expansions, or increases in building area, other than minor interior tenant improvements. No Speciflc Plan applies to the site. Accordingly, the proposed use is consistent with the General Plan, 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. The design, location, size, and operating characteristics of the proposed medical clinic will be compatible with existing and future land uses in the vicinity. The Project is located within an existing commercial building on a commercial site at the corner of E. Colorado Boulevard ☒ ☐ Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 7 of 9 and N. First Avenue, within the General Commercial (C-G) Zone. The property is located at the north end of downtown Arcadia, and within ¼ mile from the Arcadia A Line Metro station. The site is surrounded by a mix of commercial uses, including offices, retail establishments, automotive repair businesses, and service-oriented uses, as well as nearby residential uses such as apartments, townhomes, and condominiums. The proposed clinic will utilize the existing building and site conflguration, which provide sufficient fioor area to accommodate individual and group therapy sessions and includes 16 parking spaces that meet Development Code requirements. No exterior modiflcations or expansion of the building are proposed. The clinic will operate during weekday daytime and early evening hours only, Monday through Friday from 8:00 a.m. to 7:00 p.m., and will be closed on weekends, which is consistent with the operating hours of nearby commercial uses. The proposed medical clinic will have a maximum of 25 patients on site at any one time, and due to the nature of the services provided, is not expected to generate noise, odors, vibration, or have other operational characteristics that would be disruptive to or inconsistent with surrounding uses. Accordingly, the proposed use will be compatible with existing and future uses in the surrounding area. 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 and emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. The site is physically suitable, in terms of its design, location, shape, size, and operating characteristics, to accommodate the proposed medical clinic. The medical clinic is located on a developed commercial site at the corner of E. Colorado Boulevard and N. First Avenue and will utilize an existing commercial building that is adequately sized and conflgured to support the proposed outpatient medical use. The property is accessed directly from E. Colorado Boulevard and provides 16 parking spaces in compliance with Development Code requirements. The proposed operating hours of Monday through Friday from 8:00 a.m. to 7:00 p.m. are appropriate for the site and consistent with its commercial context. The proposed use does not require any off-site improvements, modiflcations to surrounding infrastructure, or ☒ ☐ Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 8 of 9 additional public facility capacity. The existing street network, including the width and pavement of surrounding streets, is adequate to accommodate public and emergency vehicle access. The site is also located within one-quarter mile of a light rail station, providing additional access options. The proposed use will be served by existing police and flre protection services and existing utility infrastructure. The Project has been reviewed by the City’s Fire, Police, and Engineering Departments, and no issues have been identifled. Accordingly, the site is physically suitable to accommodate 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 measure of site suitability demonstrates that the type, density, and intensity of the proposed medical clinic will not adversely affect the public convenience, health, interest, safety, or general welfare; constitute a nuisance; or be materially injurious to persons, property, or uses in the vicinity or the zone in which the property is located. The proposed use will operate entirely within an existing 4,134-square-foot commercial building that is adequate in size and conflguration to accommodate the proposed outpatient medical services, including individual and group therapy sessions, with a maximum of 25 patients on site at any one time. The outpatient nature of the services, the limited number of patients, and the weekday-only operating hours limit the density and intensity of the use and distinguish it from higher- impact medical or institutional facilities. The site provides parking in compliance with Development Code requirements, has direct vehicular access from E. Colorado Boulevard, and is served by existing public streets, utilities, and police and flre protection services. The proposed medical clinic is not anticipated to generate traffic volumes that would adversely affect circulation or access in the surrounding area. Based on a review of trip generation information published by the Institute of Transportation Engineers (ITE) for comparable outpatient medical and clinic uses, the limited size of the facility, the outpatient nature of the services, the maximum of 25 patients on site at any one time, and the weekday-only operating hours, the anticipated vehicle trip generation is low and does not rise to a level that would require a traffic study or additional traffic analysis pursuant ☒ ☐ Minor Use Permit No. MUP 25-11 424 N. First Ave. Page 9 of 9 to City guidelines. The existing street network, including E. Colorado Boulevard and N. First Avenue, is adequate to accommodate the anticipated traffic associated with the proposed use. No exterior construction, expansion, or physical alteration of the site or building is proposed. As the Project involves the continued use of an existing facility with no expansion of use intensity beyond what is permitted in the zone, it qualifles for a Class 1 Categorical Exemption pursuant to Section 15301 of the CEQA Guidelines. Based on these factors, the proposed use will not result in adverse operational conditions, will not create noise, traffic, or other effects that would constitute a nuisance, and will not be materially injurious to improvements, persons, property, or uses in the surrounding area.