HomeMy WebLinkAboutDecision Letter
June 5, 2025 Via Email
Kerry Maese
701 S. Old Ranch Road
Arcadia, CA 91007
Subject: Major Administrative Modification No. Major AM 24-14
Project Address: 701 S. Old Ranch Road
Dear Ms. Maese:
The public comment period for the Notice of Pending Decision for Major
Administrative Modification No. Major AM 24-14 ended on June 3, 2025.
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 a reconfigured and expanded
attached garage to encroach in the interior side, rear, and street -side yard
setbacks, and for the relocated HVAC compressor to encroach into the
street-side yard setback at 701 S. Old Ranch Road. The new garage will
have an interior side yard setback of five (5) feet, whereas 9’-9” is required.
The rear yard setback will be 10 feet, whereas 15 feet is required. The
required street side yard setback is 25 feet, whereas 12.35’ is proposed. In
addition, the HVAC compressor will be relocated into the street-side yard
with a setback of 20’-5”, whereas 25 feet is required.
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 modification request to allow a reconfigured and expanded attached
garage to encroach into the interior side, rear, and street-side yard setbacks
is warranted to prevent an unreasonable hardship due to the irregular shape
of the lot. The unique configuration of the parcel significantly limits the
developable area and constrains the placement of structures that would
otherwise comply with standard setback requirements. Strict adherence to
the prescribed setbacks—9’-9” for the interior side yard, 15 feet for the rear
yard, and 25 feet for the street-side yard—would render the construction of
a functional garage impractical and would deprive the property of
reasonable use and access. The proposed setbacks of 5 feet (inter ior side),
10 feet (rear), and 12.35 feet (street side) represent the minimum deviation
necessary to accommodate the garage within the constraints imposed by
the lot’s shape while maintaining consistency with the scale and character
of surrounding development.
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
The property’s existing conditions further support the request: the current garage
already encroaches into the street-side yard setback at 16 feet 8 inches and has
a non-conforming rear vehicle backup clearance, which, due to its orientation,
makes it difficult to access and limits its utility. Additionally, the main residence
maintains an existing non-conforming side yard setback of 5 feet, consistent with
the proposed setback for the new garage. The n ew garage will not include any
windows, doors, or other openings along the interior side or rear façades and will
be used exclusively for vehicle storage, not as habitable space. Therefore, it is
not expected to result in noise, light, or privacy impacts to neighboring properties.
The location of the HVAC condenser within the street-side yard setback is
appropriate as the encroachment is minimal (less than five feet), the unit will be
screened by the existing hedge, and the proximity from any neighboring property
is such that noise will not create an issue. Furthermore, this location is preferable
to other, Code compliant options, which would impact use of the relatively small
private courtyard at the home’s side. Lastly, the Santa Anita Village Homeowners
Association Architectural Review Board has reviewed the proposed and approved
the design, subject to the approval of this Major Administrative Modification.
The proposed project qualifies as both a Class 1 and Class 5 Categorical Exemption 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(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 24-14, subject to the
satisfaction of the Deputy Development Services Director or designee.
2. The Applicant/Property Owner shall maintain a privacy hedge of up to six feet in
height on the street-side yard to screen the relocated HVAC condenser. Any
request to remove or substantially modify the hedge contrary to this condition of
approval shall require approval by the Deputy Development Services Director, or
designee and may require screening of the HVAC condenser unit.
3. 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.
4. 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 24-14 (“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
Monday, June 16, 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 24-14 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 (July 5, 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 (June 17, 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