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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 April 16, 2021 Sean Ji SENT VIA EMAIL 1249 S. Diamond Bar Blvd, Unit #35 Diamond Bar, CA 91765 Subject: Major Administrative Modification No. Major AM 21-04 Project Address: 870 Monte Verde Drive Dear Mr. Ji: The public comment period for the Notice of Pending Decision ended on April 12, 2021. During the comment period, staff received one comment in support of the request. 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 cabana with a side yard setback of 5’-0” in lieu of the required 10’-0” rear yard setback for a detached accessory structure at 870 Monte Verde 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. The proposed placement of the new cabana will maintain uniformity of development within the immediate neighborhood. There appear to be several other properties with garages and accessory structures that do not meet the current setback requirements. Additionally, there is an existing pool and fruit tree in the rear yard that take over the majority of the space in the backyard. By allowing the cabana to encroach into the side yard by 5 feet, it will provide more space for a functional area the residents can enjoy. The current property owner is also removing an illegal patio in the rear yard to building a properly permitted cabana. Aside from the requested modification, the cabana 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 Associat ion Architectural Review Board. Therefore, the requested modification to allow a reduced side yard setback for the new cabana is an appropriate improvement to the lot and will promote uniformity of development. The proposed project qualifies as both a Class 1 and Class 5 Categorical Exemption for the construction of an accessory structure and minor alteration 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/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 a pproval 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, April 26, 2021 at 5:30 PM. Please note that City Hall will be closed on Friday, April 23, 2021. 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 21-04 shall not be in 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 (May 16, 2021) 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 (April 27, 2022) 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 approved 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: Youyang Lou, Property Owner Steven Low, Neighboring Resident Ernie Boehr, Rancho Santa Anita Resident’s Association ARB Chairperson