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
January 9, 2024 SENT VIA EMAIL AND MAIL
Susan Mollasalehi
1812 W. Burbank Boulevard, Unit 1032
Burbank, CA 91506
Subject: Single Family Architectural Design Review No. SFADR 23-14
and Major Administrative Modification No. MAJOR AM 23-06
Project Address: 2224 Hollis Lane (500 E. Longden Avenue, Apt. C)
Dear Ms. Mollasalehi:
The public comment period for the Notice of Pending Decision ended on
January 5, 2024. Staff did not receive any official comments on the proposal
during the comment period. The Development Services Department was
able to make two of the required findings for the Modification request and
has conditionally approved Single Family Architectural Design Review
No. SFADR 23-14 and Major Administrative Modification No. MAJOR AM
23-06 for a 769 square foot addition to an existing two-story home, a
modification to maintain a rear yard setback of 17’-3” in lieu of the required
25’-0” for the first story, and a 22’-0” rear yard setback in lieu of the required
35’-0” for the second story at 2224 Hollis Lane, subject to the conditions of
approval listed below.
According to Arcadia Development Code Section 9107.05.050, 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 two-story addition and remodel of the existing home with a
reduced rear yard setback for the first and second story will allow an
appropriate improvement of the lot and promote uniformity of development.
The existing home has an unconventional layout with a garage and storage
room on the first floor and all of the living space on the second floor
accessed via an exterior staircase. The existing home also has a legal non-
conforming 17’-3” rear yard setback on both stories. The home is consistent
with the other homes on Hollis Lane, a private street, all of which have rear
yard setbacks that encroach into the required rear yard. The changes to the
residence will consist of a ground floor remodel and addition, including
converting the storage room on the first floor into living space, and attaching
the existing living space on the second floor to the new first floor living space
via an interior staircase. The existing two-car garage will remain. A portion
of the addition to the first floor will follow the same 17’-3” rear yard setback
as the existing home. Additionally, the new interior staircase that allows access to the
existing second floor living space will also be within the rear yard setback area with a rear
setback of 22’-0”. The new addition and remodel will give the home a more traditional
look with living space on the first and second floor instead of a disjointed second floor
living area. Also, allowing the rear yard setback encroachments will allow there to be
interior access to the two levels of the home and give a reasonably sized living room and
kitchen area to the home as this lot has limited space for constructing due to setback
limitations. A large portion of all the lots on Hollis Lane are taken up by the private street
that provides access to the residences. This explains why all of the homes are
encroaching into the rear yard. Therefore, the proposed rear yard setback would allow
the property owner to secure an appropriate improvement on the lot and promote
uniformity of development. Aside from the proposed modification, the overall 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 for
an addition to an existing 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.
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 Single Family Architectural Design Review No. SFADR 23-14 and
Major Administrative Modification No. MAJOR AM 23-06, 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
Development Services Director. 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 Property Owner/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 SFADR 23-14 and Major AM 23-06 (“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. To file an appeal, a completed
Appeal Application form must be submitted to the Community Development Division
along with a $676.00 appeal fee by 5:30 p.m. on Monday, January 15, 2024. You will be
notified if an appeal is filed.
Approval of SFADR 23-14 and Major AM 23-06 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 February 8, 2024, this approval will become null and void.
This approval shall expire in one year (January 16, 2025) 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) 821-4334 or by email at earreola@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Edwin Arreola
Associate Planner
Enclosure
c: Lavinia Hardyanto, Property Owner