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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 June 14, 2019 Katy Tu 448 Catalpa Road Arcadia 91007 SUBJECT: Major Administrative Modification No. Major AM 19-03 PROJECT ADDRESS: 448 Catalpa Road Dear Mrs. Tu: The public comment period for the Notice of Pending Decision ended on May 20, 2019. Staff did not receive any comments during the notification period. T he Development Services Department has conditionally approved the request to maintain an existing 506 square foot, detached, two-car garage with a substandard rear yard setback that ranges from three (3) feet to nine (9) feet in lieu of the required 10 foot rear yard setback for an accessory structure. The request to keep the existing detached two-car garage that has a substandard setback for a new single-story residence. The two-car garage will meet the required parking for the house. The existing detached garage that was built in 1948 is located at the rear of the property, and although it complies with the side yard setback of 10’-0”, it currently does not meet the minimum rear yard setback of 10’-0”’. As a result, the request to maintain the existing non- conforming rear yard setback is subject to a modification process. The Rancho Santa Anita Resident’s Association Architectural Review Board reviewed and approved the new single-family residence. The detached garage will match the exterior finishes, materials, and colors of the new primary residence. 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 request to allow an existing detached two-car garage to remain in the same is an appropriate improvement to the property and does not create an unreasonable hardship since it will be in the same location as it has been for the last 70 years. Also, there are other homes nearby that also have a detached garage that do not comply with the minimum rear yard setback so this would not change the development pattern if the garage stayed in the same location. Therefore, the impact to the adjacent properties is minimal and will not have a visual impact to the public street view. The proposed project qualifies as both a Class 3 and Class 5 Categorical Exemption for an accessory structure and a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15303 and 15305 of the CEQA Guidelines. Conditions of Approval 1. 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. 2. Approval of Major Administrative Modification No. Major AM 19-03 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. The appeal period ends on Monday, June 24, 2019 at 5:30 PM. Please note that City Hall will be closed on Friday, June 21, 2019. To file an appeal, a completed Appeal Application form must be submitted to the Development Services Department along with a $600.00 appeal filing fee. Approval of Major Administrative Modification No. Major AM 19-03 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 (July 14, 2019) this approval will become null and void. Please contact Building Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the appropriate permit. Once the appeal period has passed, this approval letter and two additional sets of plans must be presented to Building Services to initiate the permitting process. This approval shall expire in one year (June 25, 2020) from the effective date unless a permit from Building Services is issued for plan-check, and construction is diligently pursued, 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 prohibit the issuance of a building permit. 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 Enclosed c: Ernie Boehr, Rancho Santa Anita Resident’s Association ARB Chairperson