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HomeMy WebLinkAboutConditional Approval Letter DEVELOPMENT SERVICES DEPARTMENT ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415 February 23, 2026 Via EDGE & Email Sandra and Dennis Hom 1332 S. 4th Avenue Arcadia, CA 91006 Subject: Major Administrative Modiflcation No. Major AM 26-02 Project Address: 1332 S. 4th Avenue Dear Applicant: The public comment period for the Notice of Pending Decision ended on February 19, 2026. Staff did not receive any comments during the comment period. After careful review, the Development Services was able to make one of the required flndings for the Modiflcation request and conditionally approved the request to allow the conversion of an existing 187-square-foot sunroom into the habitable part of the primary dwelling located on a single-family zoned lot that includes one additional legal dwelling unit. The existing primary dwelling is 1,486 square feet and will not change in size due to the proposed conversion. According to Arcadia Development Code Section 9107.05.050, it states that an Administrative Modiflcation may be approved if at least one of the following flndings can be made. 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. The Development Code requires an Administrative Modiflcation when changes are proposed to nonconforming structures/uses. The subject property is zoned single-family but includes two dwelling units on site, and as such presents a nonconforming condition. However, the sunroom that is part of the main dwelling is long-standing and permitted. The requested conversion of the sunroom into habitable area would not increase the existing fioor area or impact setbacks, height, or any other development standard. As such, the conversion would remain compliant with the Development Code and would secure an appropriate improvement of the lot. The proposed project qualifles for a Categorical Exemption per Section 15301 from the California Environmental Quality Act (CEQA) for an addition to an existing structure. Page 2 of 3 Conditions of Approval 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the conditionally approved plans for Major Administrative Modiflcation No. Major AM 26-02, subject to the satisfaction of the Interim Development Services Director or designee. 2. The Property Owner/Applicant shall comply with all City requirements regarding building safety, flre 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 Interim Development Services Director. 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 Property Owner/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/Property Owners activities in connection with Major Administrative Modiflcation No. Major AM 26-02 (“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, speciflcations, 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 Property Owner/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 Property Owner/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, the Property Owner/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: Page 3 of 3 (i) a flnal, 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. To flle an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $772.00 appeal fee by 5:30 p.m. on March 5, 2026. Approval of this Major AM 26-02 shall not be of effect unless the Property Owner and Applicant have executed and flled 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 March 25, 2026, this approval will become null and void. This approval shall expire in one year (March 6, 2027) from the effective date unless a building permit is issued and the construction is diligently pursued, a certiflcate of occupancy has been issued, or the approval is renewed. An extension may be granted by the Interim 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 flndings can be made. Please note that acceptance of an extension request does not indicate approval of an extension. A building permit must be obtained prior to any construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the appropriate permit. This Approval Letter must be presented to Building Services to initiate the permitting process. Please contact me at (626) 574-5422 or email gyesayan@ArcadiaCA.gov for questions regarding this approval. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Gary Yesayan Associate Planner Enclosure: Acceptance Form