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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 February 17, 2021 Johnny Yu 2585 S. 10th Avenue Arcadia, CA 91006 Subject: Single Story Addition No. SSADR 20-20 & Major Administrative Modification No. Major AM 20-18 Project Address: 1205 S. 4th Avenue Dear Mr. Yu The public comment period for the Notice of Pending Decision ended on February 5, 2021. Staff did not receive any comments during the notification period. The Development Services Department has conditionally approved a modification to allow the expansion of a nonconforming residential property with a 420 square foot one-story addition to the existing 1,896 square foot one-story main residential unit, and a 162 square foot one-story addition to the existing 838 square foot one-story second unit located at 1205 S. 4th Avenue. The property is zoned R-1 Low Density Residential zone; therefore the two units makes the property nonconforming to the R-1 zone. 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 Development Code allows alterations and expansions of nonconforming residential structures subject to approval of a Major Administrative Modification. The requested modification will allow the improvement of the lot by allowing the expansion of a nonconforming residential property with a 420 square foot one- story addition to the existing one-story main residential unit, and a 162 square foot one-story addition to the existing one-story second unit. The subject site is located in the R-1 Low Density Residential zone, which only allows one residential unit. Therefore, the two units makes the property nonconforming. The proposed additions are small in floor area and would increase the existing main unit by only 420 square feet (22%) and the second unit by only 162 square feet (19%). Therefore, the proposed additions will not significantly expand the nonconformity, nor will they create negative impacts to the neighbors or surrounding neighborhood. Furthermore, the second unit will be expanded to 1,000 square feet in floor area, which would be no more than the maximum 1,000 square feet allowed for an Accessory Dwelling Unit (ADU). The proposed addition to the second unit would not be more impactful than an ADU, which is allowed by right in all residential zones, including the R-1 zone. Therefore, the modification is warranted and will not impact the residential neighborhood. 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 improvement to an existing structure and a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15301(e)(1) 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 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. 3. Approval of and Single Story Architectural Design Review No. SSADR 20-20 & Major Administrative Modification No. Major AM 20-18 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, March 1, 2021. You will be notified if an appeal is filed. Approval of Single Story Architectural Design Review No. SSADR 20-20 & Major Administrative Modification No. Major AM 20-18 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 March 17, 2021, this approval will become null and void. This approval shall expire in one year (March 2, 2022) 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: Rafay Khalil, Property Owner CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 2/16/21 APPLICATION NO.: Single Story Architectural Design Review No. SSADR 20-20 & Major Administrative Modification No. Major AM 20-18 SUBJECT PROPERTY: 1205 S. 4th 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 revocation o f 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 March 17, 2021, this approval will become null and void and all fees will be forfeited.