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.