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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 21, 2021 SENT VIA EMAIL Joe Margaryan 635 E. Live Oak Ave. Arcadia, CA 91006 Subject: Major Administrative Modification No. Major AM 21-13 Project Address: 635 E. Live Oak Avenue (dba: AJ’s Auto Repair and Smog) Dear Mr. Margaryan: The public comment period for the Notice of Pending Decision ended on October 15, 2021. Staff did not receive any comments during the comment period. After much consideration, the Development Services Department was able to make one of the required findings for the Modification request and has conditionally approved the request to convert a service bay into a spray booth within an existing auto repair shop at 635 E. Live Oak Avenue (dba: AJ’s Auto Repair and Smog). 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 request to convert an existing service bay to an auto paint spray booth will allow the business owner to add a new service to his existing business. The existing business is a legal non-conforming use that has been operating at the subject location since 1963. A request to modify the use is subject to the modification review process. The new spray booth will not intensify the existing legal non-conformity of the site. The business owner will repropose an existing space with a use that is complimentary to the existing auto shop. No additional parking is required for the new service. The auto painting will be done within the enclosed spray booth inside the building. Thus, no impacts to the adjacent uses are expected. Additionally, the new service will not result in an expansion of the building nor will it require changes to the exterior of the building. Therefore, the request to add a new auto paint spray booth to an existing legal non-confirming will allow for an appropriate improvement of the site. The proposed project qualifies as a Class 1 Categorical Exemption per Sections 15301 from the California Environmental Quality Act (CEQA) for the minor alteration of an existing structure. Conditions of Approval 1. The auto paint spray booth shall be located within one of the existing service bays, as shown on the approved plans. No expansion (in square footage) is permitted with this approval. 2. The new auto paint spray booth shall comply with all applicable regulations pertaining to air quality and greenhouse gas emissions (GHG) as required by the South Coast Air Quality Management District (SCAQMD). 3. The auto paint spray booth shall comply with Section 416 of the California Building Code for spray application of flammable finishes. 4. The exhaust ventilation for the auto paint spray booth shall be installed in accordance with Chapter 5 of the California Mechanical Code. 5. The project shall also comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Residential Code c. California Electrical Code d. California Mechanical Code e. California Plumbing Code f. California Energy Code g. California Fire Code 6. The Property Owner/Applicant shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 7. 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, an d 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 Major AM 21-13 (“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, November 1, 2021 at 5:30 PM. Please note that City Hall will be closed on Friday, October 22, 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 Major Administrative Modification No. Major AM 21-13 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 20, 2021) this approval will become null and void. Please contact Building Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the appropriate permit. Once the appeal period has passed, this approval letter and two additional sets of plans must be presented to Building Services to initiate the permitting process. This approval shall expire in one year (November 2, 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) 574-5422 or by email at vquiroz@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Vanessa Quiroz Associate Planner Enclosed