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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 25 2019 Vincent Yan 5401 Baldwin Ave Temple City, CA 91780 SUBJECT: Single-Family Architectural Design Review No. SFADR 18- 34, Major Administrative Modification No. Major AM 19-01, Healthy Tree Removal No. TRH 19-01, Diseased Tree Removal No. TRD 19-05 & Protected Tree Encroachment No. TRE 19-08 PROJECT ADDRESS: 603 W. Camino Real Avenue Dear Mr. Yan: The public comment period for the Notice of Pending Decision ended on April 22, 2019. Staff did not receive any comments during the notification period. Staff has determined that the design of the addition is consistent with the Single Family Design Guidelines. Therefore, the Development Services Department has conditionally approved the single-family design review project dated March 5, 2019, for a new 4,356 square foot two-story single family residence, with an attached 645 square foot three- car garage, which requires a Major Administrative Modification to reduce the front yard setback to 25 feet in-lieu of the required 52 foot setback, removal of two (2) healthy protected trees located at the front and rear of the property, removal of one (1) diseased protected tree located at the front of the property, and encroachment (with the construction of the driveway) of one protected tree located in the public right-of-way of the adjacent site north of the subject site at 603 W. Camino Real 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 modification will allow a reduced a front yard setback to allow the improvement of the lot with a new two-story single-family residence. The Development Code requires that the front yard setback be the greater of 25 feet or the average of the two nearest developed lots. The nearest developed lots have an average front yard setback of 52 feet; however, both lots have much longer depths. The subject site has a lot depth of 113, while the nearest lots, that the average is based on, have depths of 188 and 346 feet. Applying the 52-foot average, based on deeper lots, to the smaller site would be unreasonable. It would result, after applying the 25-foot required rear yard and the 52-foot front yard setbacks, in a 36-foot deep buildable area. Approving the reduced front yard setback of 25 feet would allow an appropriate improvement of the lot and will not apply an unreasonable d evelopment standard. 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 the construction of one single-family residence and minor alterations in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15303 and 15305 of the CEQA Guidelines. The project shall be subject to the following conditions: 1. The front yard setback shall measure a minimum of 25 feet per Major AM 19-01. 2. The site plan submitted to Building Services shall include the following note, “Gutters, curbs and sidewalks shall be replaced per City standards.” 3. The landscaping plan shall include six 36–inch box replacement trees per TRH 19-01. A minimum of four replacement trees shall be planted on the subject site. The remaining two may be planted in the parkway or subject site. All six replacement trees shall be identified as such on the landscaping plan. 4. The project shall comply with all the conditions and requirements per TRE 19 -08, set forth in the arborist report for the encroachment of the protected Carob tree located in the public right-of-way of the adjacent site to the north of the subject site. 5. The trees planted in the public right-of-way shall consist of Crape Myrtles Arapaho. The Public Works inspector shall determine the location and number of trees in the public right-of-way. Trees planted in the public right-of-way along Lovell Avenue shall be located a minimum of 50 feet from the stop sign at the intersection of W. Camino Real Avenue and Lovell Avenue. 6. 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. 7. 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. 8. 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. 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 May 6, 2019. You will be notified if an appeal is filed. Approval of SFADR 18-34, Major AM 19-01, TRH 19-01, TRD 19-05, and TRE 19-08 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 25, 2019, this approval will become null and void. This design approval shall expire in one year (May 7, 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: Wai Hon Lai, Property Owner CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 4/24/19 APPLICATION NO.: Single-Family Architectural Design Review No. SFADR 18-34, Major Administrative Modification No. Major AM 19-01, Healthy Tree Removal No. TRH 19-01, Diseased Tree Removal No. TRD 19-05 & Protected Tree Encroachment No. TRE 19-08 SUBJECT PROPERTY: 603 W. Camino Real Avenue 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 25, 2019), this approval will become null and void and all fees will be forfeited.