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
May 1, 2025 Via EDGE Portal
Sarina Truong
Mango Design
9413 ½ Las Tunas Drive
Temple City, CA 91780
Subject: Major Administrative Modification No. Major AM 25-01
Project Address: 184 W. Le Roy Ave.
Dear Ms. Truong:
The public comment period for the Notice of Pending Decision for Major
Administrative Modification No. Major AM 25-01 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 increase the length of an
existing non-conforming wall by 4’-9” and with a side-yard setback of 4’-7”
whereas a setback of 6’-6” is required. Furthermore, the plate height of the
existing house is to be increased by one (1) foot from 8’-0” to 9’-0” at the
existing house a 184 W. Le Roy 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 a modest extension and height adjustment to an existing,
nonconforming wall as part of a comprehensive remodel and rear addition
to the residence. The eastern wall of the existing dwelling currently
observes a legal nonconforming side yard setback of 4 feet, 7 inches,
whereas a minimum side yard setback of 6 feet, 6 inches is required in the
R-1 zoning district. The proposed modification includes extending the length
of the nonconforming wall by 4 feet, 9 inches and increasing the plate height
from 8 feet to 9 feet. These changes are being made in conjunction with an
overall improvement to the property, including a 242-square-foot rear
addition and interior and exterior upgrades to the home. The extension of
the existing nonconforming wall does not introduce any new encroachments
or create an intensification of use. The one-foot increase in plate height
remains compatible with the scale and character of surrounding residential
development and does not result in adverse impacts to adjacent properties.
The subject site is a corner lot, which has limited design flexibility due to
frontage on two streets and a required 25’-0” street side setback, which limits the
developable area of the property. The proposed improvement makes efficient use
of the buildable area while maintaining appropriate separation from adjacent
properties. Allowing the limited expansion of the existing nonconforming wall
enables a functional and well-integrated floor plan without compromising
neighborhood compatibility. Therefore, the requested modification supports a
reasonable improvement of the lot and is consistent with the intent of Arcadia
Development Code Section 9107.05.050.
The proposed project qualifies as both a Class 1 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 Major Administrative Modification No. Major AM 25-01, 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
Major AM 25-01 (“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 sel ect 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, May 12, 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. Major AM 25-01 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 (June 1, 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 13, 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
Enclosed
c: Monica & Robert Hsu, Property Owner