HomeMy WebLinkAboutApproval 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
June 20, 2024
Mandy Situ
20755 Northampton Street
Walnut, CA 91789
Subject: Major Administrative Modification No. Major AM 24-03
Project Address: 870 San Vicente Drive
Dear Ms. Situ:
The public comment period for the Notice of Pending Decision ended on June 13,
2024. Staff did not receive any comments during the comment period. The
Development Services Department has conditionally approved Major
Administrative Modification No. Major AM 24-03 to allow a single-story, 288 square
foot workshop addition to an existing detached garage to encroach 4’-8” within the
required 10’-0” rear-yard setback. As such, the workshop will be located 5’-4” from
the rear property line and aligned with the existing garage. The workshop addition
and its encroachment was also reviewed and approved by the Architectural
Review Board (ARB) of Rancho Santa Anita Homeowners’ Association.
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 given the existing 5’-4” rear yard setback for the existing detached
garage and storage shed. Additionally, the proposed 5’-4” rear setback for the
workshop addition will not be visible from the street. The design of the workshop
addition will be compatible with the design of the detached garage and storage
shed. The rear yard encroachment will not be an inconvenience or pose a hardship
to any of the surrounding neighbors and is consistent with the City’s Design
Guidelines.
The proposed project qualifies for Class 1 and Class 5 Categorical Exemptions for
improvement to an existing structure, and a minor alteration in land use limitations
from the requirements of the California Environmental Quality Act (CEQA) under
Sections 15301(e)(1) and 15305 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 24-
03, 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 24-03 (“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 July 1, 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. Major AM 24-03 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 August 1, 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 (July 2, 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 this approval, please contact me at (626) 574-5422 or by email
at gyesayan@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Gary Yesayan
Associate Planner
Attachment
c: Vivien Watts, Property Owner