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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 April 1, 2019 Richard Yukawa and Yang Mu 32 W. Foothill Blvd Arcadia, CA 91006 Subject: Major Administrative Modification No. Major AM 18-18 Project Address: 32 W. Foothill Blvd Dear Richard Yukawa and Yang Mu: The public comment period for the Notice of Pending Decision ended on March 12, 2019. Staff did not receive any comments during the notification period. The Development Services has conditionally approved the modification request to allow an existing space within the primary residence to be converted into an Accessory Dwelling Unit (ADU) at 32 W. Foothill Boulevard. The existing space will exceed 50% of the livable area allowed for an attached ADU. The approval would allow a 724 square foot ADU, which exceeds the maximum area of 650 square feet by 74 square feet. 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 an accessory dwelling unit that exceeds 50% of the existing main residence will prevent an unreasonable hardship. In order to comply with the Development Code, it would require that the property owner make alteration to and demolition a small portion of the existing building. The surplus room has existed on the site since 1952. The conversion of the space will not require any physical alteration nor will it require any expansion to the existing residence. The existing floor area ratio and lot coverage will remain the same. The accessory dwelling unit will have a separate entry. The site can accommodate the parking space required for the accessory dwelling unit. Therefore, approval of the modification will prevent an unreasonable hardship and will not impact the surrounding properties. The proposed project qualifies as a Class 1 Categorical Exemption for a modification to an existing structure from the requirements of the California Environmental Quality Act (CEQA) under Sections 15301 of the CEQA Guidelines. Conditions of Approval 1. A covenant shall be recorded with the Los Angeles County Recorder for the accessory dwelling unit prior to a Certificate of Occupancy being issued by the Building Division. 2. 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. 3. 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. 4. Approval of Major Administrative Modification No. Major AM 18-18 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 Planning & 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 Development Services Department along with a $600.00 appeal fee by 5:30 p.m. on April 11, 2019. You will be notified if an appeal is filed. Approval of Major Administrative Modification No. Major AM 18-18 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 May 1, 2019, this approval will become null and void. This approval shall expire in one year (May 2, 2020) from the effective date unless plans are submitted to Building Services for plan-check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed. The final plans must be consistent with the approved plans and any conditions of approval. Any inconsistency from the approved plans may preclude the issuance of a building permit. 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) 574-5422 or by email at VQuiroz@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Vanessa Quiroz Associate Planner CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 4/1/19 APPLICATION NO.: Major Administrative Modification No. Major AM 18-18 SUBJECT PROPERTY: 32 W. Foothill Blvd. 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 (May 1, 2019), this approval will become null and void and all fees will be forfeited.