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
August 9, 2017
David Lin
510 Los Altos Avenue
Arcadia, CA 91007
SUBJECT: Major Administrative Modification No. Major AM 17-10
PROJECT ADDRESS: 34 East Live Oak Avenue, Unit 34 A
Dear Mr. Lin:
The Development Services Department has conditionally approved a parking
modification to allow 37 parking spaces whereas 39 parking spaces are
required at the multi-tenant commercial center at 34 East Live Oak Avenue,
Unit 34A, subject to the conditions of approval listed below.
The request is to allow a new dental office to operate in a space previously
occupied by a retail sales business that was 1,600 square feet, without
providing additional parking spaces required parking for such use. The
proposed dental office is located in a multi-tenant commercial building served
by 37 parking spaces, whereas the change in use from retail to dental office
for this tenant space would require two additional parking spaces.
According to Arcadia Development Code Section 9107.05.050, it states that
an Administrative Modification may be approved if at least one of the
following findings can be made.
1. Secure an appropriate improvement of a lot;
2. Prevent an unreasonable hardship; or
3. Promote uniformity of development.
Approval of the requested Major Administrative Modification to reduce the
parking requirement for the proposed use by two parking spaces will help to
secure an appropriate improvement to the lot to help activate the center. A
parking analysis was conducted by More Services that showed there will be
adequate parking available on-site during the proposed hours of operation of
the dental office and the parking lot is at 85 percent capacity during the peak
period. Therefore there is adequate parking available on-site to serve the
proposed use. The proposed dental office is compatible with the existing uses
within this center.
The proposed project qualifies as a Class 1 Categorical Exemption for the
use of existing facilities and as a Class 5 Categorical Exemption for a minor
alteration in land use limitations from the requirements of the California
Environmental Quality Act (CEQA) under Section 15301 and 15305 of the
CEQA Guidelines.
Condition of Approval
1. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to any
approval or conditional approval of the City Council, Planning Commission, or City Staff,
which action is brought within the time period provided for in Government Code Section
66499.37 or other provision of law applicable to this project or decision. The City shall
promptly notify the applicant of any claim, action, or proceeding concerning the project
and/or land use decision and the City shall cooperate fully in the defense of the matter.
The City reserves the right, at its own option, to choose its own attorney to represent the
City, its officials, officers, employees, and agents in the defense of the matter
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
$600.00 appeal fee by 5:30 p.m. on Monday, August 21, 2017.
Approval of Major Administrative Modification No. Major AM 17-10 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 September 21, 2017, this approval will become null and
void.
This approval shall expire in one year (August 22, 2018) 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 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 must be obtained prior to any construction activity. Please contact Building
Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the
appropriate permit. This approval letter must be presented to Building Services to initiate the
permitting process.
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 or denial), please contact me at (626)
574-5445 or by email at lflores@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
c: Live Oak Development I, LLC, Property Owner