HomeMy WebLinkAboutMajor AM 23-07 and SSADR 23-12 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
September 20, 2023
Maureen Cunningham
1232 Monte Vista Avenue #14
Upland, CA 91786
Subject: Major Administrative Modification No. AM Major 23-07- and Single-
Story Addition Architectural Design Review No. SSADR 23-12
Project Address: 1647 N. Santa Anita Avenue.
Dear Applicant:
The public comment period for the Notice of Pending Decision for Major
Administrative Modification No. Major AM 23-07 ended on September 20,
2023. 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 for a reduced side yard setback of 1’-
6” to legalize a 166 square foot addition to the existing detached garage
and reframe and redesign the roof of the garage at 1647 N. Santa Anita
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 requested modification to allow a reduced side yard setback to legalize
a 166 square foot addition to the rear of an existing garage which will
promote uniformity of development. The garage is a legal non-conforming
structure that is currently within the required side yard setback. The garage
and addition have an existing side yard setback of 1’-6” along the northerly
wall plane. As such, a request to legalize the addition 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 addition is small
in size and will not be visible from the street. Thus, no impacts to the
adjacent properties are expected. Therefore, the request to legalize the
existing garage addition at the rear and continue an existing legal non-
conforming setback will promote uniformity of development and is
consistent with the City’s Design Guidelines.
The redesign and reframe of the garage roof will secure an appropriate
improvement for the lot and promote uniformity of development. The
existing roof does not match the existing primary dwelling roof, in material
or slope. The reframe and redesign of the roof would allow the roof to have a matching
roof slope and material of barrel tile with the primary dwelling. The existing roof is falling
apart and is not safe. The new roof will not cause any impacts to adjacent properties and
will allow the property to have uniform roofing as is required for all accessory structures
in the City. Therefore, the request to redesign and reframe the roof of the garage will be
an appropriate improvement and promote uniformity of development 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 SSADR 23-12 and Major AM 23-07, 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 SSADR 23-
12 and Major AM 23-07 (“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 notify the Applicant of the claim, action, or
proceedings and will cooperate in the defense of the matter. 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, the Applicant shall provide to the 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. The 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. The City shall only refund to the 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.
The parties hereby agree to cooperate in defending such action. The City will not
voluntarily assist in any 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, at the request of the Applicant or not.
There is a ten (10) day appeal period for this application. The appeal period ends on
Monday, October 2, 2023 at 5:30 PM. To file an appeal, a completed Appeal Application
form must be submitted to the Development Services Department along with a $ 713.00
appeal filing fee.
Approval of Major Administrative Modification No. AM Major 23-07- and Single-Story
Addition Architectural Design Review No. SSADR 23-12 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 (October 20, 2023) 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 (October 3, 2024) 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)
574-5447 or by email at amaccarley@arcadiaca.gov.Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Alison MacCarley
Assistant Planner
c: Steve and Jean Flammia, Property Owners