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