HomeMy WebLinkAboutMajor AM 21-15 & ADR 21-18 Decision 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
January 31, 2022 SENT VIA EMAIL
Jonathan Soo
609 Beverly Drive
Arcadia, CA 91006
Subject: Major Administrative Modification No. Major AM 21-15 and
Architectural Design Review No. ADR 21-18
Project Address: 1027 S. First Avenue (San Gabriel Valley Alliance
Church)
Dear Mr. Soo:
The public comment period for the Notice of Pending Decision ended on
January 13, 2022. Staff received one comment in support of the request
during the comment period. After much consideration, the Development
Services Department has conditionally approved the request to add 161
square feet for a new kitchen, enclose a 368 square foot hallway, and add
a new 480 square foot cover patio in the courtyard of an existing Church
(San Gabriel Valley Alliance Church) at 1027 S. 1st Avenue
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 add to an existing church will accommodate an appropriate
improvement of the lot. The existing church is a legal non-conforming
structure that does not include any parking on-site. As such, a request to
expand the structure is subject to the modification review process. The
requests will allow for improvements of ancillary uses at church without
intensifying the use. No additional parking is required for the additions. The
expansion to the kitchen will be done underneath the existing roof that will
not visible from the street. Thus, no impacts to the adjacent uses are
expected. Additionally, the enclosure of the hallway will secure an entry
point to the building along the alley to the north. The new patio will
complement the existing church structure. Therefore, the request to add to
an existing legal non-conforming will allow for an appropriate improvement
of the site and is consistent with the City’s Design Guidelines.
The proposed project qualifies as a Class 1 Categorical Exemption per
Sections 15301 from the California Environmental Quality Act (CEQA) for a
minor addition to an existing structure.
Conditions of Approval
1. The project shall be developed and maintained by the applicant/property owner in
a manner that is consistent with the plans submitted and conditionally approved
for Major Administrative Modification No. Major AM 21-15 and Architectural
Design Review No. ADR 21-18.
2. All additions and enclosures to the exiting church building shall match the existing
exterior colors and materials.
3. The project shall also comply with the latest adopted edition of the following codes
as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
4. 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.
5. 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 Major
Administrative Modification No. Major AM 21-15 and Architectural Design Review
No. ADR 21-18 (“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
Thursday, February 10, 2022. 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 21-15 and Architectural
Design Review No. ADR 21-18 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 (March 2, 2022) 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 (February 11, 2023) 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
c: San Gabriel Valley Alliance Church, Property Owner
Grace Kwok, Neighboring Resident - Sent via email