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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
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