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
May 29, 2019
Gaspar Dela Rosa
16327 Willowmist Ct.
Chino Hills, CA 91709
Subject: Single Story Architectural Design Review No. SSADR 18-11, Major
Administrative Modification No. Major AM 19-09, and Protected Tree
Encroachment Permit No. TRE 19-15
Project Address: 132 W. Forest Avenue
Dear Mr. Dela Rosa:
The Development Services has conditionally approved a modification for a
reduced rear yard setback of 3 foot 8 inches in lieu of the 25’-0” required setback
a one-story 938 square foot single family addition at 132 W. Forest 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 modifications to allow a reduced rear yard setback will allow the
improvement of the lot with a new family room and bedroom addition to an
existing single family residence. The house currently has a legal non-conforming
rear yard setback of 4 feet when the house was built in 1947. The lot is 120’ wide
but only 72’-7” deep. As a result, the lot is only left with 47 feet after deducting
the required 25 foot front yard setback, and 22 feet after deducting the required
25 foot rear yard setback. Requiring the house to be built within an area that is
22 feet in length is an unreasonable hardship. Furthermore, the two adjacent
homes to the east of the property also have a legal non-conforming setback of
12’-10” and 21’ 6”. The proposed addition allows the property owner to secure an
appropriate improvement on the lot and is a development that is uniform other
properties with similar hardships on the same block. Allowing the modifications
would prevent an unreasonable hardship by not requiring the property owner to
completely reconfigure the existing floor plan to accommodate the addition on the
east side of the property. 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.
Conditions of Approval
1. Tree protection fencing shall be installed prior to construction and the tree protection
notes in the arborist report dated February 4, 2019 submitted for TRE 19-15 shall be
adhered to.
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 Single Story Architectural Design Review No. SSADR 18-11, Major
Administrative Modification No. Major AM 18-09, and Protected Tree Encroachment
Permit No. TRE 19-15 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
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 Community Development Division along with a
$600.00 appeal fee by 5:30 p.m. on Monday, June 10, 2019. You will be notified if an appeal is
filed.
Approval of Single Story Architectural Design Review No. SSADR 18-11, Major Administrative
Modification No. Major AM 18-09, and Protected Tree Encroachment Permit No. TRE 19-15
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 June 27, 2019, this
approval will become null and void.
This approval shall expire in one year (June 11, 2020) from the effective date unless a building
permit is issued and the construction is diligently pursued, a certificate of occupancy has been
issued, or the approval is renewed.
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) 574-5444
or by email at psun@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Peter Sun
Associate Planner
Attachment
c: Pooja Lalla, Property Owner