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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 9, 2021 Yuli Huang 227 S. Hamilton Drive #111 Beverly Hills, CA 90211 SENT VIA EMAIL Subject: Major Administrative Modification No. Major AM 21-07 Project Address: 1100 S. 4th Avenue Dear Mr. Huang: The public comment period for the Notice of Pending Decision ended on August 6, 2021. During the comment period, staff received one comment regarding reducing the noise impact of the AC units. 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 9’-2” interior side yard setback in lieu of the 12’-0” required for three (3) new AC units and an 11’- 9” rear yard setback in lieu of the 25’-0” required for two (2) new AC units at 1100 S. 4th 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 a reduced side and rear yard setback for five (5) new AC units will secure an appropriate improvement of the lot due to the limited amount of viable locations for mechanical equipment outside of the required setback areas. The subject site is located on a corner lot, which further limits locations for the AC units as mechanical equipment is discouraged from being located along unscreened street facing areas. With the exception of the street facing area, there are no other locations on the subject site that would allow the AC units to comply with the interior side or rear yard setbacks. The rear of the home is built up to the minimum required rear yard setback and majority of the north side of the home is built to up to the required interior side yard setback, with the remaining portions already occupied by additional mechanical equipment. The proposed location for the AC units along the side yard are adjacent to a wall with no bedroom windows for the neighboring home to the north and the AC units proposed at the rear yard are adjacent to the garage of the neighboring property to the east. Therefore, the proposed locations are the most adequate locations. Additionally, the AC units are subject to the City’s noise regulations in the Municipal Code and a condition of approval has been included that will require installation of a noise reducing mechanism to meet those regulations. Therefore, the location of the AC units are not expected to create any substantial impacts. Aside from the requested modification, the AC units will be consistent with the City’s Development Code and Single-Family Residential Design Guidelines. The proposed project qualifies as a Class 5 Categorical Exemption as a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under 15305 of the CEQA Guidelines. Conditions of Approval 1. Prior to Planning Service’s final sign off for SFADR 17-41, the Applicant/Property Owner shall install noise mufflers or condenser blankets on the AC units to ensure the AC unit's noise levels are under the maximum residential zone noise limits allowed by the Arcadia Municipal Code. Planning Services shall perform a site visit to verify the noise level readings. 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. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Major Administrative Modification No. Major AM 21-07 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. There is a ten (10) day appeal period for this application. The appeal period ends on Thursday, August 19, 2021 at 5:30 PM. Please note that City Hall will be closed on Friday, August 13, 2021. To file an appeal, a completed Appeal Application form must be submitted to the Development Services Department along with a $630.00 appeal filing fee. Approval of Major Administrative Modification No. Major AM 21-07 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 (September 8, 2021) this approval will become null and void. This approval shall expire in one year (August 20, 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) 821-4334 or by email at earreola@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Edwin Arreola Assistant Planner Enclosed c: Henan D.R. Construction Group (USC) Inc., Property Owner Steve Wang, Neighboring Resident