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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 August 28, 2017 Leo Chuang 912 Summit Place Monterey Park, CA 91754 SUBJECT: Major Administrative Modification No. Major AM 17-11 PROJECT ADDRESS: 952 Hugo Reid Drive Dear Mr. Chuang: The public comment period for the Notice of Pending Decision ended on August 17, 2017. Staff did not receive any comments during the notification period. The Development Services was able to make one of the required findings for the Modification request and has conditionally approved the request to legalize a non-permitted, 303 square foot accessory structure and maintain the existing side yard setback of 5’-11”, whereas 7’-0” is required. The structure will also maintain the existing rear yard setback of 3’-10” whereas, 10’-0” is required. The existing non-permitted accessory structure is located in the rear yard and is not visible from the street. The accessory structure was approved by the Santa Anita Village Homeowners Association Architectural Review Board. The accessory structure matches the roof material and finishes of the primary residence. With the legalization of the 303 square foot accessory structure, the total floor area will be 2,354 square feet whereas 3,781 square feet is allowed. The lot coverage will be 31% whereas 45% is allowed. 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. This Modification request will promote uniformity of development. The neighboring properties are also served with detached accessory structures roughly the same size and location. The accessory structure is modest in size and is not visually from street. Staff finds that the residence is compatible with the surrounding neighborhood. The proposed project qualifies as both a Class 3 and Class 5 Categorical Exemption for an accessory structure and a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15303 and 15305 of the CEQA Guidelines. Conditions of Approval 1. The entire southerly rear wall and all window and door openings shall be fire rated. 2. 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. 3. Approval of Major Administrative Modification No. Major AM 17-11 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. The appeal period ends on Wednesday, September 6, 2017 at 5:30 PM. Please note that City Hall will be closed on Friday, August 31, 2017 and Monday September 4, 2017 in observance of Labor Day. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $600.00 appeal filing fee. Approval of Major Administrative Modification No. Major AM 17-11 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 (September 27, 2017) this approval will become null and void. 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. 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) 574-5422 or by email at VQuiroz@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Vanessa Quiroz Assistant Planner Enclosed c: Jacob Korula, Property Owner