HomeMy WebLinkAboutDecision Letter & Approved Plans
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
October 4, 2019
Georgie Kajer
1730 Bonita Vista Dr.
La Canada, CA 91011
Subject: Major Administrative Modification No. Major AM 19-13
Project Address: 85 E. Grandview Avenue
Dear Ms. Kajer:
The public comment period for the Notice of Pending Decision ended on
September 24, 2019. During the public comment period, staff received one
comment from a neighbor who had concerns about the encroachment into the rear
yard setback and how it would impact their rear yard open space. After much
consideration, and further discussing the project and potential design alternatives
with the concerned neighbor, the Development Services Department has
conditionally approved a modification for a reduced rear yard setback of 15’-4”
and 19’-0” in lieu of the 25’-0” required setback for a one-story 317 square foot
single family addition at 85 E. Grandview Avenue. The project also includes the
conversion of a 453 square foot attached garage into habitable space and
construction of a new 441 square foot detached two-car garage; however, this
approval is only for the modification.
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 to allow a reduced rear yard will allow the improvement
of the lot with a master bedroom and bath addition to an existing single family
residence. The rear property line is angled, therefore the rear yard reduction will
range from 15’-4” to 19’-0”. The original construction of the house created a unique
situation in which the site’s open space is located at the center of the property with
the house wrapped around it. The addition will continue the same format and
preserve the subject site’s open space. The approved design was achieved by
working with the applicant to minimize impacts to adjacent neighbors. The addition
was designed to comply with the side yard setback and incorporated a lower roof
pitch than the rest of the house to lower the overall height. Allowing the modification
would prevent an unreasonable hardship by not requiring the property owner to
completely reconfigure the site layout to preserve the open space. Aside from the
proposed modification, 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. 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.
2. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and ag ainst 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.
3. Approval of Major Administrative Modification No. Major AM 19-13 shall not be of effect
unless the Property Owner and Applicant have executed and filed the Acceptance Form
with the City on or before 30 calendar days after approval of this project. The Acceptance
Form to the Development Services Department is to indicate awareness and acceptance
of the 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, October 14, 2019. You will be notified if an appeal is filed.
Approval of Major Administrative Modification No. Major AM 19-13 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 November 4, 2019, this approval will become null and void.
This approval shall expire in one year (October 15, 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) 574-5442 or
by email at ltorrico@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Luis Torrico
Senior Planner
Attachment
c: David & Angie Gren, Property Owners
Paul & Sue Sivas, Neighbor
CITY OF ARCADIA
ACCEPTANCE FORM
Development Services Department
Community Development Division-Planning Services
240 West Huntington Drive
Arcadia, CA 91007
Issued 10/4/19
APPLICATION NO.: Major Administrative Modification No. Major AM 19-13
SUBJECT PROPERTY: 85 E. Grandview Ave.
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 revoca tion 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 Monday, November 4, 2019, this approval will
become null and void and all fees will be forfeited.
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Conditionally Approved October 4, 2019
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Conditionally Approved October 4, 2019