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Home My WebLink AboutDecision 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, 2024 Kaizen Chen 1281 Meadowbrook Rd. Altadena, CA 91001 Subject: Major Administrative Modification No. AM Major 24-02 and Single- Story Addition Architectural Design Review No. SSADR 24-11 Project Address: 2221 S. Baldwin Avenue Dear Applicant: The public comment period for the Notice of Pending Decision for Major Administrative Modification No. Major AM 24-02 ended on March 27, 2024. 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 new detached 768 square foot three car garage at 2221 S. Baldwin 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 Development Code allows alterations and expansions of nonconforming residential structures subject to approval of a Major Administrative Modification. The requested modification will allow an appropriate improvement and uniformity of development by providing three parking spaces for the existing legal non-conforming property. The property has two existing, legal, non-conforming single-family dwellings and a detached four car garage. The existing garage will have three parking spaces that are proposed to be converted into an Accessory Dwelling Unit (ADU) and thus reduce the number of parking spaces available for the existing dwellings. The conversion of existing detached accessory structures such as detached garages to ADUs is permitted by right per State law but would create a non-conformity for the required parking for the existing dwellings, which requires two (2) enclosed parking spaces per dwelling, a total of four (4) parking spaces for the two existing dwelling units. Allowing the new three car garage would allow the property to stay in compliance with the parking requirements and would reduce the need for off-street parking or parking on the driveway. The proposed three car garage will comply with all the required Development Standards including setbacks and floor area and will be consistent with the Single-Family Residential Design Guidelines. Therefore, the request to allow a new three 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 24-11 and Major AM 24-02, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. All exterior finishes and roofing materials of the proposed garage and accessory dwelling unit shall match the existing structure. 3. The three garage shall be built only in conjunction with the conversion of the three parking spaces in the existing detached four car garage. 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 SSADR 24- 11 and Major AM 24-02 (“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, April 8, 2024 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 24-02- and Single-Story Addition Architectural Design Review No. SSADR 24-11 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 28, 2024) 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 9, 2025) 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: John Wong, Property Owner