Loading...
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 November 16, 2023 Melvin Dang SENT VIA EMAIL 468 N. Old Ranch Road Arcadia, CA 91007 Subject: Major Administrative Modification No. Major AM 23-09 Project Address: 468 N. Old Ranch Road Dear Mr. Dang: The public comment period for the Notice of Pending Decision for Major Administrative Modification No. Major AM 23-09 has ended. Staff did not receive any comments during the comment period. 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 request to allow a 1,329 square foot addition to an existing garage to have a rear yard setback ranging from 14’-1” to 16’- 0” in lieu of the required 35’-0” rear yard setback, as it would be attached to the main house via a proposed covered breezeway, at 468 N. Old Ranch Road. 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 rear yard setback for a 1,329 square foot addition to the rear of an existing garage will secure an appropriate improvement for the lot. The existing garage is a legal non- conforming structure that is currently within the required side yard setback. Previously, Major Administrative Modification No. Major AM 22-01 was conditionally approved to allow the proposed addition to the existing garage to continue encroaching into the required side yard setback along the northerly wall plane. The Property Owner is now proposing to construct a covered breezeway between the primary dwelling and the garage. As such, attaching the garage to the primary dwelling via the covered breezeway makes the garage subject to the development standards of the primary dwelling, including the 35’-0” required rear yard setback. Thus, the encroachment of the garage into the rear yard setback is subject to the modification review process. The extension of the garage will not be visible from the street. The new garage area will allow for additional parking spaces for the resident’s vehicles, which otherwise would be parked on the driveway. Additionally, the design of the addition to the garage will be compatible with the design of the primary dwelling. The subject property immediately abuts the Arcadia Wash to the rear. Beyond that is the Los Angeles County Arboretum which is a nonresidential use. Thus, the rear yard encroachment will not be an inconvenience or pose a hardship to any of the surrounding neighbors and since the garage would be allowed at its proposed setback if it were to be detached from the primary dwelling. The covered breezeway is being proposed to provide sheltered access to the garage from the primary dwelling. Additionally, the Rancho Santa Anita Residents’ Association Architectural Review Board has reviewed and approved the design of the addition to the garage and the covered breezeway. Therefore, the rear yard setback encroachment resulting from the request to extend the existing garage at the rear and attach the garage to the main home via a covered breezeway will allow for an appropriate improvement of the site and is consistent with the City’s Design Guidelines. The proposed project qualifies as both a Class 3 and Class 5 Categorical Exemption as new construction of an accessory structure and a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15303(e) and 15305(a) of the CEQA Guidelines. Conditions of Approval 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for Major Administrative Modification No. Major AM 23-09, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The Property Owner/Applicant 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, the Applicant must defend, indemnify, and hold the 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 AM 23-09 (“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 notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. 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, the Applicant shall provide to the 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. The 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. The City shall only refund to the 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. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any 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, at the request of the Applicant or not. There is a ten (10) day appeal period for this application. The appeal period ends on Monday, November 27, 2023 at 5:30 PM. To file an appeal, a completed Appeal Application form must be submitted to the Development Services Department along with a $676.00 appeal filing fee. Approval of Major Administrative Modification No. Major AM 23-09 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 (December 18, 2023) 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. Present this approval letter and two additional sets of plans to Building Services to initiate the permitting process. This approval shall expire in one year (November 28, 2024) 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 Associate Planner Enclosed c: Melvin Dang, Property Owner