HomeMy WebLinkAboutMajor AM 17-18_Conditional Approval
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
March 1, 2018
Marvin Fong
1111 ½ Highland Oaks Drive
Arcadia, CA 91006
Subject: Major Administrative Modification No. Major AM 17-18
Project Address: 1741 Oakwood Avenue
Dear Mr. Fong:
The public comment period for the Notice of Pending Decision ended on Monday,
February 20, 2018. Staff received one comment from a neighbor who opposed
the rear yard setback modification due to potential impacts to their property and
was concerned about a possible encroachment into an existing easement. After
much consideration, the Development Services was able to make the required
findings for the Modification request and has conditionally approved the
Administrative Modification request to allow a portion of the new addition to
maintain the existing 6’-0” side yard setback along the northerly side property
line, in lieu of the 7’-6” required and to allow 5’-0” rear yard setback in lieu of the
10’-0” that is required for a new 427 square foot, detached two-car garage. On
January 29, 2018, the Highlands Home Owners Association approved the
proposed design.
The proposal includes an 811 square foot single story addition and the
conversion of a portion the existing attached garage into livable space and the
construction of a new detached, two car garage. A portion of the existing garage
will be demolished to accommodate the new garage location. 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 811 square foot, single story
addition, encroach into the required interior side yard setback will enable a
reasonable addition to the home. 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”. The proposed addition will align with the
existing residence and will not further encroach into the existing side yard
setback. It will also comply with the minimum 6’-0” side yard setback required by
Resolution 6770. Regarding the rear yard setback encroachment, property owner
provided a copy of the recorded easement which confirmed that the easement is
only 5’-0” wide. The location of the new garage will not impact the existing
easement. The proposed garage is 13’-1” in height. There is a slight grade
difference between the subject property and the neighboring property to the rear
as well as an 8’-6” high block wall along the rear property line. Since the
proposed garage is only 13’-1” in height, there will be minimal impact to
neighboring property to the rear.
The proposed additions will secure an appropriate improvement of this lot. The proposed
addition along the northerly side property line will be a compatible continuation of the existing
wall plane and the location new garage will have minimum impact to streetscape and
surrounding residences. In addition, neither of the encroachments will be visible from the street.
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 project qualifies as both a Class 1 and Class 5 Categorical Exemption for an
addition to an existing facility and minor alterations in land use limitations from the requirements
of the California Environmental Quality Act (CEQA) under Sections 15301 and 15305 of the
CEQA Guidelines.
Conditions of Approval
1. Prior to submitting plans for plan check in Building Services, the site plan shall be
revised to identify the existing 5’-0” wide easement located along the rear property line.
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 17-18 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 Monday, March 12, 2018. You will be notified if an appeal is
filed.
Approval of Major Administrative Modification No. Major AM 17-18 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 April 2, 2018, this approval will become null and void.
This approval shall expire in one year (March 13, 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
Attachment
c: Mark Cheng, Property Owner
Tom Nguyen, Neighbor