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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 October 7, 2021 Christopher Loh CL Design 1704 E. Cortez Street West Covina, CA 91791 Subject: Architectural Design Review No. ADR 21-01 and Major Administrative Modification No. Major AM 21-11 Project Address: 809 W. Huntington Drive Dear Mr. Loh: The public comment period for the Notice of Pending Decision ended on October 1, 2021. During the comment period, staff received two comments. The first comment was regarding potential security, noise, and sanitation issues with the proposed attached cover patio. The second comment was in opposition of the proposed remodel and attached cover patio. After much consideration, the Development Services Department was able to make one of the required findings for the Modification request and has conditionally approved a remodel of the exterior façade of the existing 3,712 square foot, one-story, commercial building that will include a new 400 square foot attached covered patio at the rear of the existing building. The administrative modification is to allow the attached covered patio to encroach 10’-0” into the required rear yard setback in lieu of the 20’-0” required at 809 W. Huntington Drive. 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. The requested Modification to allow a reduced rear yard setback for a new attached covered patio will secure an appropriate improvement of the lot as the covered patio will be used as a break area for employees. The existing commercial building on site will be remodeled and the rear area is currently underutilized. The proposed covered patio would provide shade, privacy, and a space for employees during their break time, especially during the pandemic (Covid-19). The proposed covered patio will only take up 25% of the existing rear yard area and a condition of approval has been included that will allow the area to only be used by employees only. Therefore, the location of the covered patio is not expected to create any substantial impacts to the surrounding properties. Aside from the requested Modification, the proposed project will be consistent with the City’s Development Code and Design Guidelines. The proposed project qualifies as both a Class 1 and Class 5 Categorical Exemption as an improvement to an existing structure and a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15301(e)(1) and 15305 of the CEQA Guidelines. Conditions of Approval 1. The project shall be developed and maintained by the Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for Architectural Design Review No. ADR 21-01 and Major Administrative Modification No. 21-11, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. The outdoor area and attached covered patio at the rear of the property shall be used by employees only. 3. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold 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 Architectural Design Review No. ADR 21-01 and Major Administrative Modification No. Major AM 21-11 (“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. The appeal period ends on Monday, October 18, 2021 at 5:30 PM. Please note that City Hall will be closed on Friday, October 8, 2021. To file an appeal, a completed Appeal Application form must be submitted to the Development Services Department along with a $630.00 appeal filing fee. Approval of Architectural Design Review No. 21-01 and Major Administrative Modification No. Major AM 21-07 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 (November 8, 2021) this approval will become null and void. This approval shall expire in one year (October 19, 2022) from the effective date unless a permit from Building Services is issued for plan-check, and construction is diligently pursued, or the approval is renewed. The final plans must be consistent with the approved design concept plans and any conditions of approval. Any inconsistency from the approved design concept plans may prohibit the issuance of a building permit. 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) 821-4334 or by email at earreola@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Edwin Arreola Assistant Planner Enclosed c: Linda Lee Huynh, Property Owner Patricia Denise Lopez, Neighboring Resident Francis Yu, Neighboring Property Owner CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 10/7/21 APPLICATION NO.: Architectural Design Review No. ADR 21-01 & Major Administrative Modification No. Major AM 21-11 SUBJECT PROPERTY: 809 W. Huntington Drive I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this 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 November 8, 2021, this approval will become null and void and all fees will be forfeited.