HomeMy WebLinkAboutApproval Letter
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
March 19, 2026 Delivered via EDGE and email
Xiaoyu Song
118 E. Live Oak Ave.
Arcadia, CA 91007
Subject: Minor Use Permit No. MUP 25-14
Project Address: 118 E. Live Oak Avenue
Dear Applicant:
The public comment period for Minor Use Permit No. MUP 25-14 ended on March 18, 2026.
Staff did not receive any comments during the public comment period. On March 19, 2026,
the Development Services Department conditionally approved a Minor Use Permit to allow
the operation of a yoga and Pilates studio within an approximately 2,900-square-foot tenant
space located at 118 E. Live Oak Avenue in an existing commercial building.
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.
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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
required findings necessary to grant a Minor Use Permit (refer to Attachment 1).
The proposed project qualifies as a Class 1 Categorical Exemption from the requirements of
the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA
Guidelines for the use of an existing facility.
Conditions of Approval
1. The use approved by Minor Use Permit No. MUP 25-14 is limited to the operation of a
yoga and Pilates studio within an existing approximately 2,900-square-foot tenant space
at 118 E. Live Oak Avenue. The use shall be limited to small group classes (maximum of
six (6) participants), private sessions, and associated wellness activities.
2. The business shall be operated in a manner consistent with the application submitted
and approved for MUP 25-14. The Deputy Development Services Director, or designee,
may impose additional operational modifications, after due notice, to address any
adverse impact on surrounding properties.
3. Hours of operation shall be limited to Monday through Saturday from 9:00 a.m. to 1:00
p.m. and 4:00 p.m. to 8:00 p.m., and Sunday from 10:00 a.m. to 1:00 p.m. and 4:00 p.m.
to 8:00 p.m. Any modification to the hours of operation may require an amendment to
this approval.
4. The proposed use shall comply with the City’s Noise Regulations pursuant to Arcadia
Municipal Code Article IV, Chapter 6.
5. All activities shall be limited to wellness, fitness, and instructional uses. No events, parties,
or activities that would alter the nature of the approved use shall be permitted unless
otherwise approved by the City.
6. All signage shall comply with the City of Arcadia Development Code and shall require
separate review and approval.
7. This Minor Use Permit may be periodically monitored to ensure that it is 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 public health, safety or welfare.
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Noncompliance with the plans, provisions and conditions of approval for MUP 25-14 shall
be grounds for immediate suspension or revocation of any approvals.
8. 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.
9. 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 25-14 (“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.
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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 March 30, 2026.
Approval of Minor Use Permit No. MUP 25-14 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 April 19, 2026, this approval will become null and void.
This approval shall expire in one year (March 30, 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 construction activity or interior
tenant improvements. Please contact Building Services at (626) 574-5416 to determine the
type of documentation and permits needed.
Please contact me at (626) 574-5447 or email mchipres@ArcadiaCA.gov for questions
regarding this approval. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Melissa Chipres
Senior Planner
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Enclosure: Acceptance Form
cc: Dee Chou, 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 a yoga and Pilates studio operating within an existing
approximately 2,900-square-foot tenant space in a multi-tenant commercial
building. No expansion of the building or fioor area is proposed. The General
Plan Land Use designation for the site is Mixed Use, which supports a range of
commercial and service-oriented uses that serve the community. The site is
zoned Mixed Use (MU), where a health and fltness facility is permitted subject
to approval of a Minor Use Permit. The proposed use is consistent with the intent
of the General Plan and complies with the applicable provisions of the
Development Code and Municipal 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 yoga and Pilates studio will operate within an existing commercial
tenant space and does not involve exterior modiflcations that would alter the
character of the building or surrounding area. The subject site is located within
a commercial corridor that includes a post office immediately adjacent, as well
as nearby retail, office, and food service uses, including a grocery store and
cafes. The scale and intensity of the proposed use, which consists of small group
classes and private sessions, are consistent with the surrounding commercial
and service-oriented uses. The operating characteristics of the business are
compatible with the existing and anticipated future 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,
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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 site is physically suitable to accommodate the proposed yoga and Pilates
studio within the existing tenant space. No structural changes or site
modiflcations are required to support the use. Parking is provided on-site and
is adequate to serve the proposed use in conjunction with existing uses on the
property. The site has direct access from E. Live Oak Avenue, which is adequate
in width and designed to accommodate vehicular traffic and emergency access.
The project site is served by existing utilities, and public services including flre
and police protection are readily available. Therefore, the site is capable of
supporting the proposed use without adverse impacts.
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 use is a low-intensity wellness and fltness use that will operate
within an enclosed commercial space and is not expected to generate noise,
traffic, or other impacts beyond those typical of permitted commercial uses in
the area. The small class sizes and limited staffing further reduce the potential
for operational impacts. The use is consistent with surrounding commercial
uses and will provide a service to the local community. The project qualifles as
a Class 1 Categorical Exemption under Section 15301 of the California
Environmental Quality Act (CEQA) Guidelines for the use of an existing facility.
As proposed and conditioned, the use will not adversely affect the public
convenience, health, safety, or general welfare, nor will it constitute a nuisance
or be materially injurious to nearby properties.
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