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 9, 2019
Michael Silva, AIA Architect
P.O. Box 260192
Encino, CA 91426
SUBJECT: Single-Family Architectural Design Review No. SFADR 18-27
& Major Administrative Modification No. Major AM 18-17
PROJECT ADDRESS: 2532 El Capitan Avenue
Dear Mr. Silva:
The public comment period for the Notice of Pending Decision ended on
April 4, 2019. During the public comment period, staff received two
comments from neighbors who had concerns about the proposed block
wall along the south-side property line, the north side yard encroachment
and privacy concerns. After much consideration and a revision to the
proposed balcony at the rear of the second story, the Development
Services Department has conditionally approved the single-family
design review project dated March 18, 2019, for a 615 square foot single-
story addition and a new 1,168 square foot two-story addition to an
existing 1,507 square foot single-story single family dwelling, which
requires a modification to allow a side yard setback of seven feet in lieu of
the required 8’-4” along the northerly side property line at 2532 El Capitan
Avenue.
According to Arcadia Development Code Section 9107.05.050, it s tates
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 will allow a reduced northerly side yard
setback to allow the improvement of the lot with an addition to an existing
single-family residence. The reduced side yard of seven feet in lieu of the
required 8’-4” setback will allow the addition to be placed at the existing
building line. The existing non-conforming side yard setback will only be
extended 4’-1” towards the front, and will not reduce the existing non-
conforming setback. Requiring to step the addition 16 inches for a length
of approximately four feet would be an unreasonable hardship. 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.
The project shall be subject to the following conditions:
1. The balcony shall include a minimum five-foot tall wall on the north side to
provide privacy for the neighbor to the north. The wall exterior shall be finished in
the same material approved per the plans dated March 18, 2019.
2. The landscaping plans submitted to Building Services shall include yew pines or
similar trees along the north- and south-side property lines to provide screening.
3. The approved colors shall consist of the following or equal to:
o Main body: Timber Bark
o Accent: Cobble Stone
o Trim: Countrylane Red
4. The project shall comply with the City’s Water Efficient Landscaping Ordinance
(WELO). The application shall be submitted with the plans for plan check in
Building Services.
5. 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.
6. 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/o r 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 matt er.
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 4:30 p.m. on April 19, 2019. You will be notified if an
appeal is filed.
Approval of SFADR 18-27 and Major AM 18-17 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 9, 2019, this approval will become null and void.
This design approval shall expire in one year (April 20, 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 design concept plans and any conditions of approval. Any inconsistency from
the approved design concept 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) 574-5442 or by email at ltorrico@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Luis Torrico
Senior Planner
Attachment
c: DSK Housing Solutions, LLP, Property Owner
Jimmy Yao, Neighbor
Hai Lin, Neighbor