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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 25, 2020 Amanda Gerberich 1283 Oakglen Avenue Arcadia CA 91006 Subject: Major Administrative Modification No. Major AM 20-08 Project Address: 1283 Oakglen Avenue Dear Ms. Gerberich: The public comment period for the Notice of Pending Decision ended on June 19, 2020. During the comment period, staff received two comments regarding privacy issues and fire safety. After much consideration, and by further discussing the project and potential design alternatives with the neighbors, the Developmen t Services Department has conditionally approved a modification for a reduced rear yard setback of 6’-8” in lieu of the 10’-0” required setback and a reduced side yard setback of 5’-6” in lieu of the 7’-3” required setback to legalize a non -permitted 290 square foot trellis in the rear yard of a property located at 1283 Oakglen 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. An accessory structure such as a trellis is a common feature found on many residential properties. The existing house was originally built in 1966 and currently has a legal nonconforming side yard setback of 5’-6”. The closest portion of the trellis to the neighboring property will provide the same side yard setback as the house. Additionally, there appear to be several other properties along Oakglen Avenue with homes and accessory structures that do not meet the current setback requirements. As for the rear yard modification, there will be no impacts since the property abuts the Santa Anita Wash. As such, the proposed trellis would maintain uniformity of development within the immediate neighborhood and with the existing setbacks on this property. Aside from the requested modification, the project will be consistent with the City’s Development Code and Single-Family Residential Design Guidelines, and has been approved by the Chair of the Highlands Homeowner’s Association Architectural Review Board with the condition that the 30-inch eave on the west side of rafters shall be scaled-back, resulting in no eaves. This is to match the eave on the east elevation and create a balanced appearance, and a condition of approval to this effect has been included . Therefore, the requested modification to reduce the required rear yard and side yard setbacks for the non -permitted trellis in the rear yard is an appropriate improvement to the lot. As for the comments received during the notification period, staff determined that there will be no privacy impacts from the trellis as the structure will be used for the property owner’s plants, similar to a greenhouse, and no seating area is proposed under this structure. In terms of fire safety, the Fire Department confirmed that the heavy timber construction of the trellis is sufficient in providing fire ignition resistance to meet the Fire Code requirements. Therefore, with these measures in place, the legalization of the trellis would not result in any significant negative impacts to the adjacent neighbors. 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 30 -inch eave overhang of the decorative rafters along the west elevation shall be scaled-back so that the rafters will be flushed with the posts. 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 Major Administrative Modification No. Major AM 20-08 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 Tuesday, July 7 , 2020. You will be notified if an appeal is filed. Approval of Major Administrative Modification No. Major AM 20-08 and 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 25, 2020, this approval will become null and void. This approval shall expire in one year (July 8, 2021) 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) 574-5447 or by email at csong@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Christine Song Associate Planner Attachment C: Dean Obst and David Arvizu, Highlands Homeowners’ Association ARB Dean Murray and Jeanne Roy, 1287 Oakglen Avenue Brad Balmot, 1279 Oakglen Avenue