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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 October 28, 2024 SENT VIA MAIL & EMAIL Agnieszka Kaleta Lopez 2455 E. Orange Grove Boulevard Pasadena, CA 91104 Subject: Single-Story Architectural Design Review SSADR 24-16 and Major Administrative Modification No. Major AM 24-05 Project Address: 919 N. 1st Avenue Dear Ms. Lopez: The public comment period for the Notice of Pending Decision for Single- Story Architectural Design Review SSADR 24-16 and Major Administrative Modification No. Major AM 24-05 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 the construction of a single-story, 344 square foot addition to the rear of an existing, 1,128 square foot, single-story home in conjunction with a modification to allow the R-2 (Medium Density Residential) zoned property to expand on the existing single-family home on a lot that is less than 6,000 square feet in size. A permitted-by-right junior accessory dwelling unit conversion is also being proposed. According to Arcadia Development Code Section 9107.05.050, 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 the construction of a single-story, 344 square foot addition to the rear of an existing, 1,128 square foot, single- story home will secure an appropriate improvement for the lot. Specifically, the existing residence is a legal nonconforming since it is a single-family dwelling on a property zoned R-2. A Major Administrative Modification is required to allow any expansions to single-family dwellings on lots that are less than 6,000 square feet in size and in the R-2 zone. Specifically, the subject lot is too small to incorporate an additional unit. The one-story addition will consist of a new family room. The addition to the existing structure is subject to the development standards of the Development Code for the underlying zone and will comply with all of the applicable standards. The design of the addition will be compatible with the design of the existing dwelling and match the existing style of the home. The proposed addition will be consistent with the City’s Single-Family Design Guidelines. Therefore, for the reasons outlined above, allowing the addition to the legal non-conforming structure is an appropriate improvement of the lot. The proposed project qualifies as a Class 1 Categorical Exemption (additions to existing facilities) and Class 5 Categorical Exemption (minor alteration in land use limitations) pursuant to the requirements of the California Environmental Quality Act (CEQA) under Sections 15301(e)(1) 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 Single-Story Architectural Design Review No. SSADR 24-16 and Major Administrative Modification No. Major AM 24-05, subject to the satisfaction of the Deputy Development Services Director 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, the Applicant must defend, indemnify, and hold the 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 Single-Story Architectural Design Review SSADR 24-16 and Major Administrative Modification No. Major AM 24-05 (“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 November 7, 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 $728.00 appeal filing fee. Approval of Single-Story Architectural Design Review SSADR 24-16 and Major Administrative Modification No. Major AM 24-05 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 (December 2, 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 (November 8, 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) 821-4334 or by email at earreola@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Edwin Arreola Senior Planner Enclosed c: Gilbert Gazanian, Property Owner