HomeMy WebLinkAboutDecision 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
April 28, 2025 Via EDGE Portal
Eric Tsang
Eric Tsang Architects
440 E. Huntington Dr. #323
Arcadia, CA 91006
Subject: Major Administrative Modification No. AM Major 24-11
Project Address: 2417 & 2419 S. 2nd Ave
Dear Applicant:
The public comment period for the Notice of Pending Decision for Major
Administrative Modification No. Major AM 24-11 ended and 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 reconfigure and reduce in size the
existing rear (2nd) unit by a net eight (8) square feet at 2419 S. 2nd 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 proposed project will secure an appropriate improvement of the lot by
allowing the modernization and reconfiguration of the existing rear dwelling
unit located at 2419 S. 2nd Avenue while reducing the size of the
nonconforming unit. The project consists of a minor reduction in the overall
size of the unit, decreasing the floor area from 1,022 square feet to 1,014
square feet, and a decrease in total lot coverage from 1,540 square feet to
1,494 square feet. Although the project maintains an existing
nonconforming side yard setback of 6’-4”, it does not propose any new
encroachments or intensification of nonconforming conditions. The
enclosure of a minor 6’-7” alcove along the side wall is contained within the
existing structural envelope and will not create any new adverse impacts on
adjacent properties. The height increase from 13’-10” to 15’-3.25” is modest
and remains compatible with development in the surrounding R -1
neighborhood. Additionally, the expansion of the porch from 125 square feet
to 230 square feet is within the interior of the property and not adjacent to
neighboring properties. Overall, the project represents an appropriate
improvement of the lot that reduces the size of the rear unit and is not
anticipated to negatively impact surrounding residential properties.
The proposed project qualifies for both a Class 1 and Class 5 Categorical Exemption as
an 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(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 Major AM 24-11, subject to the satisfaction of the Deputy Development
Services Director or designee.
2. All exterior finishes and roofing materials of the remodeled and reconfigured
second dwelling unit shall match the primary structure.
3. No exterior lighting shall be installed for the sports court unless approved through
a Minor Use Permit in accordance with the Arcadia Development Code .
4. The Applicant/Property Owner shall ensure the A/C condenser is nothing within 10
feet of the side yard property line, and the tankless water heater is not within 7’-6”
of the side yard property line. The plans submitted for Building Plan check
submittal should show mechanical equipment with compliant setbacks.
5. The Applicant/Property Owner shall plant and maintain screening landscaping
along the rear property line and the side property lines within the rear yard setback
where no existing screening landscaping exists. The landscaping shall consist of
drought-tolerant trees, shrubs, or a combination thereof, capable of reaching a
minimum mature height of six (6) feet within one year of planting. Detail of the
proposed planting shall be provided in the Building Plan check submittal.
6. The Applicant/Property Owner shall ensure the sports court shall be used only by
the occupants of the residential dwellings on the same parcel. This shall not be
construed to prohibit the use of the court by invited guests. However, no sports
court shall be rented nor used as a private club, nor for commercial instruction of
players other than occupants of main residential dwe lling(s) on the same parcel,
nor used in any way for purely commercial purposes.
7. 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.
8. To the maximum extent permitted by law, 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 Major AM
24-11 (“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 Ci ty 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
Thursday, May 8, 2025 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 Major Administrative Modification No. AM Major 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 (May 28, 2025) 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 (May 9, 2026) 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 a pproval. 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)
574-5442 or by email at fgraham@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Fiona Graham
Planning Services Manager
Attachment
c: Kaizen Chen, Owner’s Representative
Marcus Zhen, Owner