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 April 9, 2025 SENT VIA EMAIL AND MAIL Constantine Louie 924 Arcadia Avenue Unit 112 Arcadia CA, 91007 Subject: Single-Family Design Review No. SFADR 24-05 & Major Administrative Modification No. Major AM 24-12 Project Address: 940 Mayflower Avenue The public comment period for the Notice of Pending Decision ended on March 5, 2025. Staff did not receive any 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 24-05 and Major Administrative Modification No. Major AM 24-12 for a 1,576 square foot first-story addition and a 823 square foot second story addition to an existing two-story home, an architectural change to Prairie, and inclusion of a modification to maintain a nonconforming 4’-4” side yard setback in lieu of the required 6’-0” for the first story addition at 940 Mayflower Avenue, 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 includes the continuation of an existing, non-conforming side yard setback for a first- story addition. The total length of the non-conforming side yard setback will be 32 feet, 10 inches—comprised of a 15-foot front addition and a 17-foot, 10-inch rear addition. The front addition represents an appropriate improvement to the lot and promotes uniformity of development. The addition will shift the front of the home forward, establishing a front yard setback that is consistent with those of neighboring properties. Continuing the existing 4-foot, 4-inch side yard setback along the front addition will help maintain a well-proportioned front façade, taking into account the existing dimensions and layout of the home. This approach ensures that the first- story portion of the home presents a cohesive and consistent appearance in terms of both massing and architectural character. Furthermore, extending the existing side yard setback allows the new addition to blend seamlessly with the existing structure, supporting a harmonious overall design. The proposed first-story addition at the rear of the home also continues the existing, non- conforming side yard setback which is an appropriate improvement to the property. The lot and existing home have several constraints that limit feasible expansion options. These include an existing second-story addition that is offset toward the southern side of the property, the lot’s relatively narrow width of 60 feet, and the presence of a detached garage located at the rear of the home. These factors limit the feasible buildable area and reduce flexibility in designing an addition that is compatible in massing and articulation with the existing structure. The portion of the proposed rear addition that encroaches into the side yard setback will contain only a bathroom, which includes a single window. To preserve privacy for the neighboring property, this window will be constructed with obscured glass, as a condition of approval. Given this mitigation, the reduced setback is unlikely to result in any adverse privacy impacts. Continuing the existing non-conforming setback at the rear of the home also provides a design benefit. It allows for greater articulation between the first and second stories, with the second story stepping back further from the property line. This creates a more visually appealing transition between levels and helps reduce the overall perceived mass of the home. With the exception of the proposed modification, the project as a whole complies 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 24-05 and Major Administrative Modification No. Major AM 24-12, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The Property Owner/Applicant shall provide an updated front yard landscaping plan (L2) for review and approval by the Planning Division prior to the issuance of a building permit from the Building Division. If the area of landscaping proposed to be upgraded is greater than or equal to 2,500 square feet, the landscape plan will need to comply with the City’s Water Efficient Landscaping Ordinance (WELO). Please refer to the City’s website for further information. 3. The Property Owner/Applicant shall ensure the new master bathroom window on the first-story southern façade uses obscured glass. This shall be identified on the Building Plans submitted to the Building Division. 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 requ irements, 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. 5. 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 24-05 and Major AM 24-12 (“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 developm ent 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 $728.00 appeal fee by 5:30 p.m. on Monday, April 21, 2025. You will be notified if an appeal is filed. Approval of SFADR 24-05 and Major AM 24-12 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 May 9, 2025, this approval will become null and void. This approval shall expire in one year (April 22, 2026) 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) 574-5442 or by email at fgraham@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Fiona Graham Planning Services Manager Enclosure