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 July 23, 2024 SENT VIA MAIL & EMAIL Walt Patroske 2132 S. Grove Avenue, #F Ontario, CA 91761 Subject: Single-Story Architectural Design Review SSADR 24-13 and Major Administrative Modification No. Major AM 24-04 Project Address: 201 E. Colorado Boulevard Dear Mr. Patroske: The public comment period for the Notice of Pending Decision for Single- Story Architectural Design Review SSADR 24-13 and Major Administrative Modification No. Major AM 24-04 has ended. Staff did receive one (1) letter from two (2) residents expressing opposition to the proposed project during the comment period. However, after much consideration, the Development Services Department was able to make two of the required findings for the Modification request and has conditionally approved the request to allow the construction of a single-story, 1,448 square foot addition to an existing 960 square foot single-story home with an attached 368 square foot garage in conjunction with a modification to allow the addition to have a 15 -foot street side setback (20 feet required). 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 requested modification to allow a reduced street side setback for a proposed 1,448 square foot addition to an existing 960 square foot single- story home with an attached garage will secure an appropriate improvement for the lot and promote uniformity of development. Specifically, the existing residence is a legal nonconforming structure that has a 15-foot street side setback (a 20-foot street side setback would be required under the Development Code). The Property Owner is proposing to construct a 1,448 square foot, one-story addition consisting of two new bedrooms, a family room, a den, and a dining room. The addition to the existing structure is subject to the required 20-foot street side setback requirement pursuant to the Development Code. The design of the addition will be compatible with the design of the existing dwelling, maintaining the existing setback, albeit with a 10’-6” long, 2’ deep indent for articulation. Maintaining the existing setback provides consistency with the existing, traditional architectural style which has simple roof forms and building massing. The proposed addition is also consistent with the City’s Single-Family Design Guidelines for additions. Specifically, the addition will incorporate façade articulation along the street frontage visible from the street side, as well as windows, roofing materials, and building materials and colors consistent with the existing residence. Maintaining the existing setback ensures the addition does not appear as an afterthought, but is consistent with the design of the original house and garage. Lastly, the proposed addition maintains the home as a single story, which is consistent with the architectural style of the home, and which reduces the overall massing of the home within the neighborhood. The existing home has a front yard setback of 35 feet, which is consistent with neighboring properties on Colorado Boulevard. Furthermore, the addition provides a compliant interior yard setback of 8’-0”. Due to the large front yard setback, and the fact that the property is a corner lot, the area within which an addition could be constructed is restricted. Therefore, for all the reasons outlined above, maintaining the legal, nonconforming street side yard setback of 15’-0” for the addition is an appropriate improvement of the lot and promotes uniformity of development. The proposed project qualifies as a Class 1 Categorical Exemption (additions to existing facilities) and Class 5 Categorical Exemption (minor alteration in land use limitations) pursuant to the requirements of the California Environmental Quality Act (CEQA) under Sections 15301(e)(1) 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 Single-Story Architectural Design Review No. SSADR 24-13 and Major Administrative Modification No. Major AM 24-04, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The Property Owner/Applicant shall prepare a landscape plan for the street side and front yards and provide it to the Planning Division for approval in advance of submittal of building plans to the Building Division. The landscape plan shall provide updated landscaping in the street side yard setback, including some mature planting, to the satisfaction of the Deputy Development Services Director or designee. If the aggregate area of proposed landscaping exceeds 2,500 square feet, the landscape plan will be subject to the City’s Water Efficient Landscaping Ordinance (WELO). 3. The Property Owner/Applicant shall update the location of the tankless water heater out of the streetside yard setback to a location not visible from any right of way on plans submitted to the Building Division for building plan check. 4. The Property Owner/Applicant shall ensure the relocated electrical panel is recessed, and painted to match the home’s exterior. 5. The Property Owner/Applicant shall comply with the Conditions of Approval for Diseased Protected Tree Permit No. TRD 22-27 prior to the issuance of a Certificate of Occupancy. 6. The Property Owner/Applicant shall replace and expand the gable wood siding (color Benjamin Moore Coffeehouse Chocolate) on the west-facing gable to match the home’s east facing gable. Building plans submitted to the Building Division for plan check shall show the wood siding. 7. 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. 8. 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 Single-Story Architectural Design Review SSADR 24-13 and Major Administrative Modification No. Major AM 24-04 (“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 August 2, 2024 at 4:30 PM. To file an appeal, a completed Appeal Application form must be submitted to the Development Services Department along with a $713.00 appeal filing fee. Approval of Single-Story Architectural Design Review SSADR 24-13 and Major Administrative Modification No. Major AM 24-04 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 (August 23, 2024) 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 (July 24, 2025) 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 a pproval. 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) 574-5442 or by email at fgraham@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Fiona Graham Planning Services Manger Enclosed c: Sophia Yuefang Chen, Property Owner Rachel Kuo, Commentor Xuejun Karl Liu and Jing Lin, Commentor