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HomeMy WebLinkAboutDecision Letter_11-28-18 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 November 28, 2018 Pedro Gonzalez 9900 Lakewood Blvd. Downey, CA 90240 Subject: Single Story Architectural Design Review No. SSADR 18-21 and Major Administrative Modification No. Major AM 18-14 Project Address: 223 E. Magna Vista Avenue Dear Mr. Gonzalez: The Development Services has conditionally approved a modification to a reduced rear yard setback of 20 feet in lieu of the 25’-0” required setback and a reduced westerly side yard setback of five feet in lieu of the 7’-5” required setback for a one-story 397 square foot single family addition at 223 E. Magna Vista Avenue. 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 modifications to allow a reduced rear yard and westerly side yard setbacks will allow the improvement of the lot with a master bedroom addition to an existing single family residence. The reduced side yard of five feet in lieu of the required 7’-5” will allow the addition to be placed at the existing building line. Therefore, an existing non-conforming setback will be continued for a length of 12 feet. Given that the existing five-foot side yard setback currently exists, at a length of 45 feet, thus not increasing the existing encroachment. The reduced rear yard setback of 20 feet will also be required to allow the master bedroom addition to move forward. Given the existing layout of the house, the addition would not be possible on the east side of the house. In addition, requiring the 25-foot rear yard setback would result in a smaller master bedroom addition, making the project unfeasible. Lastly, the applicant worked with Staff to revise the layout to reduce the rear yard setback encroachment. As originally proposed, the request was for a reduced 15-foot rear yard setback; however, the applicant worked with Staff to increase the rear yard setback to 20 feet. Allowing the modifications would prevent an unreasonable hardship by not requiring the property owner to completely reconfigure the existing floor plan to accommodate the addition on the east side of the property. Aside from the proposed modifications, the project will be consistent with the City’s Development Code and Single-Family Residential Design Guidelines. 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. The applicant/property owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 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 Single Story Architectural Design Review No. SSADR 18-21 and Major Administrative Modification No. Major AM 18-14 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, December 10, 2018. You will be notified if an appeal is filed. Approval of Single Story Architectural Design Review No. SSADR 18-21 and Major Administrative Modification No. Major AM 18-14 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 December 28, 2018, this approval will become null and void. This approval shall expire in one year (December 29, 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) 574-5442 or by email at ltorrico@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Luis Torrico Senior Planner Attachment c: Beau Nellar, Property Owners CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 11/28/18 APPLICATION NO.: Single Story Architectural Design Review No. 18-21 & Major Administrative Modification No. Major AM 18-14 SUBJECT PROPERTY: 223 E. Magna Vista Ave. I 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 DATE PRINT NAME 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 Friday, December 28, 2018, this approval will become null and void and all fees will be forfeited.