No preview available
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 February 12, 2025 SENT VIA MAIL & EMAIL Chris and Thalia Iovine 1510 Highland Oaks Drive Arcadia, CA 91006 Subject: Single-Story Architectural Design Review No. SSADR 25-01 & Major Administrative Modification No. Major AM 24-13 Project Address: 1510 Highland Oaks Drive Dear Applicant: The public comment period for the Notice of Pending Decision for Single- Story Architectural Design Review No. SSADR 25-01 & Major Administrative Modification No. Major AM 24-13 ended on February 11, 2025. Staff did not receive any comments during the comment period. After much consideration, the Development Services Department was able to make at least one of the required findings for the Modification request and has conditionally approved Single-Story Architectural Design Review No. SSADR 25-01 & Major Administrative Modification No. Major AM 24-13 for a 552 square foot, single story addition at 1510 Highland Oaks Drive. 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 side yard setback for the proposed 552 square foot, single story addition at the rear of the existing single-story home for a new bedroom wing will secure an appropriate improvement for the lot and promote uniformity of development. The existing south elevation of the home currently provides a 6’-0” setback between the property line and is legal non-conforming to the required 8’-5” required side yard setback. The Applicant is proposing to continue the non- conforming setback of 6’-0” for the 37’-0” wall length of the addition in order to keep a clean looking roof form and wall form that follows the existing wall layout. In looking at the neighboring homes within the vicinity of the subject property, it is apparent that many of the homes contain rear wings that encroach upon the side yard setbacks, including the properties immediately to the north and south. Therefore, the request would be following an existing building pattern within the neighborhood and would be promoting uniformity of development. The addition of the bedroom wing is also an appropriate improvement to the house. The addition is small in size and, since it is located at the rear of the home, will not be visible from the street. Thus, no impacts to the aesthetics of the property are expected. The proposed project complies with all other development standards for the site including height and floor area ratio. Therefore, the request to continue an existing legal non-conforming setback through the addition of the bedroom wing will promote uniformity of development, secure an appropriate improvement, and is consistent with the City’s Design Guidelines. The proposed project qualifies as both a Class 1 and Class 5 Categorical Exemption as an addition 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(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 SSADR 25-01 and Major AM 24-13, subject to the satisfaction of the Deputy Development Services Director or designee. 2. All exterior finishes and roofing materials of the proposed addition shall match the existing structure. 3. The Property Owner/Applicant shall provide complete plans for submittal to the Building Division. The plans shall include, but not be limited to, an existing and proposed floor plans of the entire home, existing and proposed roof plans for the entire home, height dimensions, setback dimensions, and labeling of the interior rooms. 4. 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 Deputy Development Services Director, 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. 5. 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 SSADR 25-01 and Major AM 24-13 (“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, February 24, 2025 at 5:30 PM. To file an appeal, a completed Appeal Application form must be submitted to the Development Services Department along with a $ 728.00 appeal filing fee. Approval of Single-Story Architectural Design Review No. SSADR 25-01 & Major Administrative Modification No. Major AM 24-13 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 (March 13, 2025) 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 (February 25, 2026) 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 (626) 574- 5423 or planning@arcadiaca.gov.Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Edwin Arreola Senior Planner c: Chris and Thalia Iovine, Property Owner