HomeMy WebLinkAboutMajor AM 22-01 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
March 28, 2022
Marvin Fong and Associates Inc.
1111 ½ Highland Oaks Drive
Arcadia, CA 91006
Subject: Major Administrative Modification No. Major AM 22-01
Project Address: 468 N. Old Ranch Road
Dear Mr. Fong:
The public comment period for the Notice of Pending Decision for Major
Administrative Modification No. Major AM 22-01 has ended. 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 allow a 1,329 square foot addition
to an existing garage to have a side yard setback ranging from 5’-11” to 8’-
8” in lieu of the required 15’-3” side yard setback along the northerly side
yard at 468 N. Old Ranch Road.
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 side yard setback for a 1,329
square foot addition to the rear of an existing garage will secure an
appropriate improvement for the lot. The existing garage is a legal non-
conforming structure that is currently within the required side yard setback.
The garage was constructed at an angle from the property line and has an
existing side yard setback ranging from 3’-10” to 5’-11” along the northerly
wall plane. As such, a request to expand the structure at the rear and
continue the existing northerly wall plane of the garage within the side yard
setback is subject to the modification review process. The extension of the
garage will not be visible from the street. The new garage area will allow for
additional parking spaces for the resident’s vehicles, which otherwise would
be parked on the driveway, and storage area. Additionally, the Rancho
Santa Anita Residents’ Association Architectural Review Board has
reviewed and approved the design of the addition to the garage. Thus, no
impacts to the adjacent properties are expected. Therefore, the request to
extend the existing garage at the rear and continue an existing legal non-
conforming setback will allow for an appropriate improvement of the site and
is consistent with the City’s Design Guidelines.
The proposed project qualifies as both a Class 3 and Class 5 Categorical Exemption as
new construction of an accessory structure and a minor alteration in land use limitations
from the requirements of the California Environmental Quality Act (CEQA) under Sections
15303(e) and 15305(a) of the CEQA Guidelines.
Conditions of Approval
1. The project shall be developed and maintained by the Property Owner/Applicant
in a manner that is consistent with the plans submitted and conditionally approved
for Major Administrative Modification No. Major AM 22-01, subject to the
satisfaction of the Planning & Community Development Administrator or designee.
2. 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.
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 Major AM
22-01 (“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, April 7, 2022 at 5:30 PM. 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 22-01 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 (April 27, 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. Present this approval letter
and two additional sets of plans to Building Services to initiate the permitting process.
This approval shall expire in one year (April 8, 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)
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: Mel Dang, Property Owner