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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 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