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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 August 4, 2020 Chi P Benny Chan 1225 Holly Avenue Arcadia, CA 91007 Subject: Major Administrative Modification No. Major AM 20-09 & Zoning Clearance – Accessory Dwelling Unit No. ZCL-ADU 20-03 Project Address: 1225 Holly Avenue Dear Mr.Chan: The public comment period for the Notice of Pending Decision ended on Monday July 27, 2019. Staff did not receive any comments during the notification period. The Development Services Department has conditionally approved a modification from the required Accessory Dwelling Unit Objective Design Standards to provide the required 8-inch indentation/projection on one (1) exterior wall of a proposed 840 square foot Accessory Dwelling Unit, instead of providing it on two (2) required exterior walls at 1225 Holly 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 modification to allow an accessory dwelling unit to provide the required 8-inch indentation/projection on one (1) exterior wall of a proposed 840 square foot Accessory Dwelling Unit, instead of providing it on two (2) required exterior walls will prevent an unreasonable hardship and promote infirmity development. The proposed ADU project consist of the conversion of an existing garage, and the permitting of an unpermitted addition to the garage. The C ode requires that new detached ADU’s provide a minimum 8-inch indentation/projection on two exterior walls. Since the proposed ADU is already constructed, it would be difficult for the Applicant to comply with the Code. As proposed, one exterior wall will comply; however, an indentation or projection on any of other wall planes would requires significant modifications; therefore, approval of the modification will prevent an unreasonable hardship. Furthermore, the proposed ADU will allow the unpermitted portion of the structure to be in-line with the existing garage, thus promoting uniformity of development. 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 project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the plans submitted and conditionally approved for of Major Administrative Modification No. Major AM 20-09 & Zoning Clearance – Accessory Dwelling Unit No. ZCL-ADU 20-03, subject to the approval of the Planning & Community Development Administrator or designee. 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 20-09 & Zoning Clearance – Accessory Dwelling Unit No. ZCL-ADU 20-03 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, August 17, 2020. You will be notified if an appeal is filed. Approval of Approval of Major Administrative Modification No. Major AM 20-09 & Zoning Clearance – Accessory Dwelling Unit No. ZCL-ADU 20-03 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 September 4, 2020, this approval will become null and void. This approval shall expire in one year (August 18, 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