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