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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 21, 2024 Helen Ly 472 W. Woodruff Avenue Arcadia, CA 91007 Subject: Major Administrative Modification No. Major AM 24-05 Project Address: 472 W. Woodruff Avenue Dear Ms. Ly: The public comment period for the Notice of Pending Decision ended on August 20, 2024. A total of two comments in opposition to the project were received during the comment period from adjacent neighbors. The comments received assert that the required setback of 6’-2” should be complied with. After reviewing the neighbors’ concerns, and given the history of this site, the Development Services was able to make one of the required findings for the Modification request and has conditionally approved the request to demolish a portion of the non-permitted addition that is on the easterly side of the house, resulting in a greater setback of 3’-0” rather than the long-standing 10-inch setback (but less than the minimum required setback of 6’-2”). The non-permitted addition was built by the previous property owner with a 10-inch setback that was there for 50+ years. The Applicant is trying to legalize 91 square feet of that area, provide a greater side yard setback, and provide articulation on this side of the house to help improve the appearance. 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; or 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. The approved modification will secure an appropriate improvement to this lot as it will increase the long-standing setback of 10-inches to 3’-0” and the addition will help provide articulation and alleviate the elongated wall plane on this side of the house; otherwise, without this addition it would be a continuous straight wall plane that is approximately 53’-0” long with no breaks in the wall. The City’s Design Guidelines for Single-Family Residential says, “Large expanses of wall plane should be avoided. Techniques for varying wall planes include integration of vertical or horizontal recesses and projections (Section 10).” There is no privacy issue since there are no windows that faces the adjacent property. There are other homes or buildings on this block where the side yard setback is less than the minimum requirement, therefore this approval would not set a precedent. The setback modification will help enhance the overall appearance of the house by providing a projection to the long unbroken wall plane, provide a greater setback than what existed for the last 50+ years, make the house more aesthetically pleasing, and meet the intent of the City’s Design Guidelines. Administrative Modification Major AM 24-05 472 W. Woodruff Avenue Page 2 of 4 The proposed project qualifies for Class 1 and Class 5 Categorical Exemptions for improvement to an existing structure, and a minor alteration in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15301(e)(1) and 15305 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 24-05, subject to the satisfaction of the Deputy Development Services Director or designee. 2. There shall be no windows allowed on the wall that directly faces the adjacent property. 3. 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, all to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy 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. 4. To the maximum extent permitted by law, 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 Administrative Modification No. Major AM 24-05 (“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 the City that the deposit has fallen below the initial amount, Applicant/Property Owner 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 Administrative Modification Major AM 24-05 472 W. Woodruff Avenue Page 3 of 4 Applicant/Property Owner 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. 5. Approval of Administrative Modification Major AM No. 24-05 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. There is a ten (10) day appeal period for this application. The appeal period ends on September 3, 2024 at 5:30 PM. To file an appeal, a completed Appeal Application form must be submitted to the Planning Division along with a $728.00 appeal filing fee. The appeal may be filed in person or online at www.ArcadiaCA.gov/Edge. City Hall is closed on August 23, 2024 and September 2, 2024 in observance of Labor Day. Approval of Major Administrative Modification No. Major AM 24-05 shall not be in effect unless the Property Owner/Applicant has 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 October 4, 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 (September 4, 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 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 this approval, please contact me at (626) 574-5445 or by email at lflores@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Lisa Flores Deputy Development Services Director Administrative Modification Major AM 24-05 472 W. Woodruff Avenue Page 4 of 4 Attachment c: Mark and Alberta Thompson, Neighbor Kelly Richardson, Richardson-Ober At Law Chuek Kee and Betty Chan, Neighbor