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
December 15, 2020
Prestige Design, Planning, and Development, Inc.
Attn: Tom Li
PO Box 660866
Arcadia CA 91066
Subject: Major Administrative Modification No. Major AM 20-16
Project Address: 1144 Encanto Drive
Dear Mr. Li:
The public comment period for the Notice of Pending Decision ended on December
8, 2020. During the comment period, staff received one comment about the visual
impact of the structure. After much consideration, the Development Services
Department was able to make one of the required findings for the Modification
request and has conditionally approved the modification to allow a new garage
with a rear yard setback of 5’-0” in lieu of the required 10’-0” rear yard setback for
a detached accessory structure as part of a new single -family project at 1144
Encanto Drive.
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 garage can be commonly found at the rear of a
residential property. Within the immediate neighborhood of this site, there appear
to be several other properties with garages and accessory structures that do not
meet the current setback requirements. As such, the proposed placement of the
new garage would maintain uniformity of development within the immediate
neighborhood. Unlike other accessory structures, a garage is not livable space nor
is it active space, but is only used to store vehicles. Existing mature landscaping
is to remain and new lush landscaping is proposed along the perimeter of the site
that will screen the structure and minimize any visual impacts. As conditionally
required, all hedges along the rear of the site must be installed at a minimum he ight
of 8 feet. 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 Rancho Santa Anita Resident’s Association
Architectural Review Board. Therefore, the requested modification to allow a
reduced rear yard setback for the new garage is an appropriate improvement to
the lot.
The proposed project qualifies as both a Class 3 and Class 5 Categorical
Exemption as part of the construction of a new single-family dwelling and minor
alterations in land use limitations from the requirements of the California
Environmental Quality Act (CEQA) under Sections 15303 and 15305 of the CEQA
Guidelines.
Conditions of Approval
1. All 24”-box Fern Podocarpus along the rear property line shall be planted at a minimum
height of 8 feet.
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 appro val by the
foregoing City officials and employees.
3. The Applicant/Property Owner 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.
There is a ten (10) day appeal period for this application. The appeal period ends on Monday,
December 28, 2020 at 5:30 PM. Please note that City Hall will be closed on Friday, December
18, 2020 and in observance of the Christmas holiday, City Hall will close at 12:30 PM on Thursday,
December 24, 2020 and will be closed on Friday, December 25, 2020. To file an appeal, a
completed Appeal Application form must be submitted to the Development Services Department
along with a $600.00 appeal filing fee.
Approval of Major Administrative Modification No. Major AM 20-16 shall not be in effect unless
the property owner and applicant have executed and filed the enclosed Ac ceptance Form to
indicate awareness and acceptance of these conditions of approval. The Acceptance Form is due
now and if it is not received by (January 14, 2020) this approval will become null and void.
Please contact Building Services at (626) 574-5416 to determine the type of documentation,
plans, and fees for the appropriate permit. Once the appeal period has passed, this approval letter
and two additional sets of plans must be presented to Building Services to initiate the permitting
process.
This approval shall expire in one year (December 29, 2021) from the effective date unless a permit
from Building Services is issued for plan -check, and construction is diligently pursued, or the
approval is renewed. The final plans must be consistent with the app roved design concept plans
and any conditions of approval. Any inconsistency from the approved design concept plans may
prohibit the issuance of a building permit.
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) 574-5422 or
by email at vquiroz@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Vanessa Quiroz
Associate Planner
Enclosed
c: Ernie Boehr, Rancho Santa Anita Resident’s Association ARB Chairperson
Zhixiong Qiu, Property Owner
Micheal Chen, Neighboring Resident