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HomeMy WebLinkAboutDecision Letter- Major AM 17-22 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 February 5, 2018 Huibai Li 2508 Woodruff Way Arcadia, CA 91007 SUBJECT: Major Administrative Modification No. Major AM 17-22 PROJECT ADDRESS: 2508 Woodruff Way Dear Ms. Li: The Development Services Department has conditionally approved a modification to legalize the unpermitted, 312 square foot, detached accessory structure and maintain the existing 4’-6” northerly side yard setback in lieu of the 5’-4” required and maintain the existing rear yard setback of 5’-4” in lieu of the 10’-0” required at 2508 Woodruff Way, subject to the conditions of approval listed below. The existing unpermitted accessory structure is located in the rear yard and is not visible from the street. It is to be utilized as a storage area. The color and materials for the accessory structure are consistent with the primary residence. With the legalization of the 312 square foot accessory structure, the total floor area will be 2,808 square feet whereas 5,589 square feet is allowed. The overall lot coverage will be 29.84% whereas 45% is allowed and the rear yard lot coverage will be 22.36% whereas 25% 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 secure an appropriate improvement of a lot. The neighboring property to the north is also served with detached accessory structure roughly the same size and location. The accessory structure is modest in size and is not visible from street. Staff finds that the accessory structure 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. Prior to submitting plans to Building Services for plan-check, the applicant/property owner shall file a covenant to the Planning Division for the detached accessory structure to ensure it is not used as an accessory dwelling unit. 2. The project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the plans submitted on August 30, 2017, and conditionally approved for Major Administrative Modification No. Major AM 17-16 and Administrative Architectural Design Review No. Admin ADR 17-19. 3. Approval of Major Administrative Modification No. Major AM 17-16 and Administrative Architectural Design Review No. Admin ADR 17-19 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. 4. 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. 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, February 15, 2018. Approval of Major AM 17-22 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 March 7, 2018, this approval will become null and void. This approval shall expire in one year (February 16, 2019) 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