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HomeMy WebLinkAboutDecision Letter DEVELOPMENT SERVICES DEPARTMENT ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415 July 29, 2025 Via Email & EDGE Portal Alan Gao 135 S. State College Boulevard Brea, CA 92821 Subject: Single Story Architectural Design Review No. SSADR 25-07 and Major Administrative Modification No. Major AM 25-06 Project Address: 139 Laurel Avenue Dear Mr. Gao, The public comment period for the Notice of Pending Decision has ended. Staff did not receive any comments during the comment period. The Development Services Department has conditionally approved Single Story Architectural Design Review No. SSADR 25-07 and Major Administrative Modification No. Major AM 25-06 for a 908 square foot rear addition to the home and to rebuild the existing roof throughout the existing structure, and a modification to increase the height of a portion of an existing wall that is located 3’-10” from the side property line, which is less than the required setback of five (5) feet, at the property located at 139 Laurel Avenue. 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 an increase in the height of a legal nonconforming side yard wall will secure an appropriate improvement of the lot and promote uniformity of development by facilitating a remodel that enhances the functionality and arch itectural consistency of the existing home. The subject property has an existing nonconforming side yard setback of 3’-10”, where the minimum required side yard setback is 5’-0”. The modification would allow the height of the existing nonconforming wall to be increased by 2’-0” to accommodate a uniform 8’-6” plate height throughout the house and support a new 2 hip roof design, replacing the existing gable roof. The proposed remodel will eliminate the existing plate height discrepancy and provide a consistent ceiling height throughout the residence. The introduction of a hip roof will reduce the perceived massing of the building along the side yard and create a more visually cohesive design that is compatible with surrounding development. The modification does not propose to expand the existing building footprint, and no new windows or openings are proposed on the modified wall, thus maintaining privacy for adjacent neighbors. Rebuilding the existing wall at a higher but still modest height allows for necessary upgrades while avoiding inefficient or impractical alternatives, such as stepping back the wall or constructing an awkward internal ceiling transition. The requested modi fication enhances the architectural character of the property, and is not expected to result in any negative impacts to surrounding properties and therefore promotes uniformity of development and is an appropriate improvement of the lot. Aside from the proposed modification, the overall project will be consistent 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 facility and minor alterations in land use limitations from the requirements of the California Environmental Quality Act (CEQA) under Sections 15301 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 Single Story Architectural Design Review No. SSADR 25 -07 and Major Administrative Modification No. Major AM 25-06, subject to the satisfaction of the Deputy Development Services Director or designee. 2. Prior to building plan check submittal, the Property Owner/Applicant shall submit an updated landscape plan to the City’s Planning Division for review. The landscape plan shall include additional mature planting along the street side yard setback to promote privacy and screen the rear addition, and updated front yard landscaping to complement the home’s updated architectural style. The landscape plan shall comply with the provisions of the Development Code and must be prepared by a landscape architect if the aggregate area of proposed landscaping exceeds 2,500 square feet, subject to the City’s Water Efficient Landscaping Ordinance (WELO). 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 to the satisfaction of the Building Official, Fire Marshal, 3 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. 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 SSADR 25-07 and Major AM 25-06 (“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 Indem nitees 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. 4 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 $772.00 appeal fee by 5:30 p.m. on Monday, August 11, 2025. You will be notified if an appeal is filed. Approval of SSADR 25-07 and Major AM 25-06 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 August 29, 2025, this approval will become null and void. This approval shall expire in one year (August 12, 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 Buildin g 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 Attachment c: Xin Wen Zhang, Property Owner