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HomeMy WebLinkAboutConditional Approval DEVELOPMENT SERVICES DEPARTMENT ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415 February 4, 2026 Via Email & EDGE Portal David Huang 405 E. Santa Clara Street Arcadia, CA 91006 Subject: Minor Use Permit No. MUP 25-10 Project Address: 405 E. Santa Clara Street Dear Applicant: The public comment period for Minor Use Permit No. MUP 25-10 ended on February 2, 2026. Staff received no comments on the project during the public comment period. The application is for an Art/Music Studio to operate a video and audio production company exclusively producing content for online publication, and which is to operate at the existing commercial building at 405 E. Santa Clara Street. The business will operate from Monday through Friday from 9:00 a.m. to 6:00 p.m. and Saturdays and Sundays from 10:00 a.m. to 5:00 p.m. All activities will occur within the existing building. After review and careful consideration, the Development Services Department conditionally approved Minor Use Permit No. MUP 25-10 for an Art/Music Studio. 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 Page 2 of 6 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 audio/video production 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. Conditions of Approval 1. The use approved by Minor Use Permit No. MUP 25-10 is limited to the operation of an Art/Music Studio to operate a video and audio production company exclusively producing content for online publication at 405 E. Santa Clara Street. 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 25-10, as appropriate, following due notice at his/her discretion. 2. Hours of operation shall be limited to Monday through Friday from 9:00 a.m. to 6:00 p.m. and Saturdays and Sundays from 10:00 a.m. to 5:00 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). 3. The proposed use shall adhere to City’s Noise Regulations pursuant to Arcadia Municipal Code Article IV, Chapter 6. 4. 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. 5. This Minor Use Permit No. MUP 25-10 may be periodically monitored to ensure compliance with City regulations and the conditions of approval, and to verify that the Page 3 of 6 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. 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, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. 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, 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 25-10 (“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 Page 4 of 6 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 February 16, 2026. Approval of Minor Use Permit No. MUP 25-10 shall not be of effect unless the Property Owner and Applicant has 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 March 4, 2026, this approval will become null and void. This approval shall expire in one year (February 17, 2027) 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) 574-5442 or email fgraham@ArcadiaCA.gov for questions regarding this approval. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Fiona Graham Planning Services Manager Attachment: Acceptance Form Page 5 of 6 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 Art/Music Studio is consistent with the goals and policies of the General Plan and any applicable specific plan. The project involves the operation of a commercial business within an existing commercial building and does not include any expansion of the building or modification of the site. The use is allowed within the applicable zoning district, subject to the approval of a Minor Use Permit, and complies with all applicable provisions of the City’s Development Code and Municipal Code. Accordingly, the proposed use is consistent with the City’s land use regulations and planning framework. ☒ ☐ 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 Art/Music Studio use are compatible with existing and future land uses in the vicinity. The use will operate entirely within an existing commercial building, with no exterior expansion or site modifications, and all activities will occur indoors. The proposed hours of operation are consistent with typical commercial uses, and the project will not generate excessive noise, traffic, or other operational impacts beyond those normally associated with commercial activities in the area. As conditioned, the proposed use will be compatible with surrounding land uses and will not adversely affect the character of 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, ☒ ☐ Page 6 of 6 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 project site is physically suitable in terms of its design, location, shape, size, and existing improvements to accommodate the proposed Art/Music Studio. The use will occupy an existing commercial building with no expansion or exterior site modifications. The site is fully developed and provides adequate access, parking, and utility connections to serve the proposed use. All required site features, including parking, loading, and circulation, are consistent with the surrounding commercial development pattern. Adjacent streets are adequate in width and pavement type to accommodate public and emergency vehicle access, and public services and utilities are available to serve the site. 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 proposed Art/Music Studio, as conditioned, is of a type, density, and intensity that will not adversely affect the public convenience, health, interest, safety, or general welfare, nor constitute a nuisance or be materially injurious to persons, property, improvements, or uses in the vicinity. The project site is located within the Downtown area and is surrounded by established commercial uses, with the I-210 Freeway located nearby. The proposed use will operate entirely within an existing commercial building, with no exterior expansion or site modifications, and will comply with all applicable City regulations, including noise standards and conditions governing hours of operation. Given the site’s commercial context and the operational limitations imposed by the conditions of approval, the proposed use will not result in adverse impacts to the surrounding area. ☒ ☐