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Home My WebLink AboutDecision Letter - 1109 Mayflower Avenue Major AM 17-19 and ZCL ADU 17-03O' = December 28, 2017 �e Raz Grinbaun 5632 Van Nuys Blvd., #176 °om oar' Van Nuys, CA 91401 @unity orQ SUBJECT: Major Administrative Modification No. Major AM 17-19 and Zoning City of Clearance — Accessory Dwelling Unit No. ZCL-ADU 17-03 PROJECT ADDRESS: 1109 Mayflower Avenue Arcadia Dear Ms. Grinbaun: The public comment period for the Notice of Pending Decision ended on December 26, 2017. Staff received one comment in support of the project during the public notification period. After careful consideration, the Development Services was able to make one of Development the required findings for the Modification requests and has conditionally approved the Services Major Administrative Modification and Zoning Clearance — Accessory Dwelling Unit applications to allow the conversion of the existing accessory structure into an Accessory Department Dwelling Unit (ADU) and allow a portion of the 341 square foot addition to the ADU and a new air conditioning unit encroach into the required rear yard setback by 8'-3". The Applicant proposes to convert the existing accessory structure into an ADU and add 341 square feet for a combined floor area of 701 square feet. With the addition of 341 Jason Kruckeberg square feet to the ADU, the property will have a total floor area of 2,103, square feet, Assistant City Manager/ whereas 6,208 square feet is allowed. The lot coverage for the entire property will be Development Services 19%, whereas 45% is allowed. The rear yard lot coverage will be 13%, whereas 25% is Director 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. The Modification requests will secure an appropriate improvement of the lot. The Development Code requires that an ADU comply with the same setbacks required for the primary residence and mechanical equipment must comply with the same setbacks required for the structure it serves. The subject property has a lot depth of 232.92 feet. Per Development Code Section 9102.01.030, an additional rear yard setback of one foot is required for every 10 feet above 150 feet of lot depth. Based on the lot depth, the required rear yard setback is 33'-3". Only a portion of the new addition and the new air conditioning unit will encroach into the required rear yard setback by 8'-3". There is limited space around the existing accessory structure, which leaves the rear of the building as the ideal area to expand. The ADU is modest in size. The proposed rear yard setback of 25'-0" from the property line is sizable, and still provides ample space between the building and the property line. It is not expected that the ADU will have an impact to the adjacent properties. Additionally, the ADU is not visible from street. The new air conditioning unit will also be placed 25'-0" from the rear property and is not expected to impact the adjacent properties. The new portion of the ADU will match the exterior materials and finishes of the existing building. Staff finds that the project is an appropriate improvement of this lot and is consistent with the City's Single -Family Residential Design Guidelines. 240 West Huntington Drive Post office Box 60021 The proposed project qualifies as both a Class 1 and Class 5 Categorical Exemption for Arcadia, CA 91066-6021 an addition to an existing structure and a minor alteration in land use limitations from the (626)574-5415 (626)447-3309 Fax www.ArcadiaCA.gov requirements of the California Environmental Quality Act (CEQA) under Sections 15301 and 15305 of the CEQA Guidelines. Conditions of Approval 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. 2. Approval of Major Administrative Modification No. Major AM 17-19 and Zoning Clearance — Accessory Dwelling Unit No. ZCL-ADU 17-03 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 Monday, January 8, 2018 at 5:30 PM. Please note that City Hall will be closed on Monday, January 1, 2018 in observance of New Year's Day and Friday, January, 5, 2017. 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 17-19 and Zoning Clearance — Accessory Dwelling Unit No. ZCL-ADU 17-03 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 January 27, 2018 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 Van= uiroz a/ Lisa L. Flores Assistant Planner Planning & Community Development Administrator Enclosed c: Leonard & Velly Apontti, Property Owner John Lang, Neighboring Resident CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division -Planning Services 240 West Huntington Drive Arcadia, CA 91007 Major Administrative Modification No. Major AM 17-19 and Zoning APPLICATION NO.: Clearance—Accessory Dwelling Unit No. ZCL-ADU 17-03 SUBJECT PROPERTY: 1109 Mavflower Avenue am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this 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 (January 27, 2018), this approval will become null and void and all fees will be forfeited. Issued 12/28/17