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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 September 11, 2017 David Arvizu 1321 Highland Oaks Drive Arcadia, CA 91006 Subject: Major Administrative Modification No. Major AM 17-02 and Protected Tree Encroachment Permit No. TRE 17-25 Project Address: 1321 Highland Oaks Drive Dear Mr. Arvizu: The public comment period for the Notice of Pending Decision ended on Monday, August 28, 2017. Staff did not receive any comments during the notification period. After consideration, the Development Services was able to make the required findings for the Modification request and has conditionally approved the Administrative Modification and Protected Tree Encroachment Permit request to allow a portion of the 470 square foot, single story addition to the rear of the existing residence to maintain the existing 10’-0” setback along the northerly side property line, whereas a 20’-0” side yard setback is required and to allow a 10’-0” encroachment into the rear yard setback whereas a 25’-0” rear yard setback is required at 1321 Highland Oaks Drive. The proposed addition will encroach into the protected area of one Coast Live Oak tree. On December 18, 2016, the Highlands Home Owners Association approved the design. 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 requested modification to allow a portion of the 470 square foot, single story addition, encroach into the required interior side yard setback and rear yard setback will enable a reasonable addition to the home. The subject property is an irregular, triangle shaped lot, with a front lot width that measures 200’-0”, twice the width of the two nearest lots. Per Resolution 6770, the required side yard setback for the Highlands Home Owners Association (HOA) is 10% of the lot frontage, and not less than 6’-0” which results in a 20’-0” side yard setback requirement for this property. Applying the 10% requirement to the side yard results in an unreasonable requirement and limits the buildable area of the subject lot. The proposed addition will align with the existing residence and will not further encroach into the existing side yard setback. Regarding the rear yard setback encroachment, the subject property backs up to the Sierra Madre W ash which is approximately 36’-0” wide so the proposed addition will have minimal impact to the neighboring properties to the rear. In addition, neither of the encroachments will be visible from the street. The proposed addition will secure an appropriate improvement of this lot and prevent an unreasonable hardship because the irregular lot shape limits the buildable area. The proposed addition will be a compatible continuation of the existing wall plane and will have minimum impact to streetscape and surrounding residences. The Highlands Architectural Review Board (ARB) found the architectural design of the building to be consistent with the City’s Single- Family Residential Design Guidelines and with the surrounding neighborhood. The proposed addition will also encroach into the protected zone of one Coast Live Oak tree. Certified Arborist Kevin Neiman prepared a Protected Tree Report dated June 20, 2017. The Arborist found that with protective measures, the proposed addition will not have an adverse impact on the health of the tree. With the protection measures included as a condition of approval, the encroachment will be consistent with the City’s Tree Preservation Regulations 1. Prior to plans being submitted for plan check in Building Services, the Allowable Floor Area Ratio Calculation shall be revised to be 4,920 square feet to include the 3% One- Story Incentive. The Proposed Floor Area Ratio shall be revised to 2,271 square feet to include only the areas required for measuring the floor area ratio per Development Code Section. 9103.01.030. 2. The project shall be developed and maintained by the applicant/property owner in compliance with all of the recommended tree protection measures listed in the Protected Tree Report prepared for this project. 3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 4. Approval of Major Administrative Modification No. Major AM 17-02 and Protected Tree Encroachment Permit No. TRE 17-25 shall not be of effect unless on or before 30 calendar days after approval of this project, the property owner/applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 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 $600.00 appeal fee by 5:30 p.m. on Thursday, September 21, 2017. You will be notified if an appeal is filed. Approval of Major Administrative Modification No. Major AM 17-02 and Protected Tree Encroachment Permit No. TRE 17-25 shall not be of 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 October 11, 2017, this approval will become null and void. This approval shall expire in one year (September 22, 2018) from the effective date unless a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. 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 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. 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) 821-4334 or by email at JChamberlin@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Jordan Chamberlin Associate Planner