HomeMy WebLinkAboutDecision LetterDelivered via e-mail and Arcadia EDGE
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
November 6, 2024
Susan Hull
77 W. Las Tunas Dr. Unit 202
Arcadia, CA 91007
Subject: Architectural Design Review No. ADR 24-15 and
Major Administrative Modification No. Major AM 24-06
Project Address: 77 Las Tunas Drive
Dear Applicant,
The public comment period for Architectural Design Review No. ADR 24-
15 and Major Administrative Modification No. Major AM 24 -06 ended on
October 25, 2024. Staff did not receive any comments during the public
comment period. On November 6, 2024, the Development Services
Department conditionally approved the Architectural Design Review for
the proposed enclosure and conversion of an existing 610 square feet of
open parking area into usable office space, and conversion of an existing
333 square feet of open parking area into enclosed parking and storage
space, and the Major Administrative Modification for the proposed
reduction of six (6) parking spaces as part of the project located at 77 Las
Tunas Drive.
The subject site includes an existing commercial office building located
within the City’s Professional Office (C-O) Zone which allows office uses
by-right. The site provides parking spaces around the lot’s perimeter and
behind the building below the second -floor level. The proposed project
includes enclosure and conversion of four (4) open parking spaces below
the second floor into 610 square feet of office area, and enclosure of two
open parking spaces below the second floor into a covered garage area.
As such, the site will provide 41 parking spaces, which is 6 less than the
minimum requirement. However, a parking study was conducted over
multiple days which revealed that during the site’s peak period a total of
25 parking spaces were occupied. As such, the 41 parking spaces would
adequately accommodate the site’s parking demand. The project is
subject to the conditions of approval listed below.
According to Arcadia Development Code Section 9107.05.050,
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.
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Pursuant to the City’s Development Code, office uses require a minimum of one (1)
parking space per 250 square feet of building area. The total floor area of the building
after the proposed addition will be 11,703 square feet , and as such at least 47 spaces
would be required. However, the site will provide 41 spaces and per the provided
parking study during peak hours a maximum of 25 parking spaces were observed to be
used. Therefore, the approval of the parking modification to allow for the reduction of six
(6) parking spaces would secure an appropriate improvement of the site by allowing
expansion of the office space while still providing adequate parking for the site.
The proposed project qualifies for both Class 1 and Class 5 Categorical Exemptions as
a minor addition 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 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
Architectural Design Review No. ADR 24-15 and Major Administrative Modification
No. Major AM 24-06 subject to the satisfaction of the Deputy Development
Services Director or designee.
2. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with by the
property owner/applicant to the satisfaction of the Building Official, City Engineer,
Planning & Community Development Administrator, Fire Marshal, and Public
Works Services Director, or their respective designees. The changes to the
existing facility are subject to building permits after having fully detailed plans
submitted for plan check review and approval by the aforementioned City officials.
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 ADR
24-15 and Major AM 24-06 (“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,
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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. To file an appeal, a
completed Appeal Application form must be submitted to the Community Development
Division along with a $728.00 appeal fee by 5:30 P.M. on Monday, November 18,
2024.
The approval of Architectural Design Review No. ADR 24-15 and Major Administrative
Modification No. Major AM 24-06 shall not be of effect unless the Property Owner and
the 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 Friday, December 6, 2024, this approval will
become null and void.
This approval shall expire in one year December 9, 2025, from the effective date
unless plans are submitted to Building Services for plan -check, a building permit is
issued and the construction is diligently pursued, a certificate of occupancy has been
issued, or the approval is renewed. The final plans must be consistent with the
approved plans and any conditions of approval. Any inconsistency from the approved
plans may preclude the issuance of a building permit.
An extension may be granted by the Development Services Director or designee, or
the Review Authority that approved the project for a maximum period of one (1) year
from the initial expiration date. An extension can only be granted if the required findings
can be made. Please note that acceptance of an extension request does not indicate
approval of an extension.
A building permit and inspection may be required for any construction activity. Please
contact Building Services at (626) 574-5416 to determine the type of documentation
and permits needed.
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You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view
this letter. Should you have any questions regarding these comments, please contact
me at (626) 574-5422 or by email at gyesayan@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Gary Yesayan
Associate Planner
Attachments:
Acceptance Form
Conditionally Approved Plans