PC - Item 5A - Modification 10-1 - Tentative Parcel Map 067472 and Zone Varience 05-337) 3033 Willard AveROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE
ROSEMEAD PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MAY 3, 2010
SUBJECT: MODIFICATION 10-01
(TENTATIVE PARCEL MAP 067472 AND ZONE VARIANCE 05-337)
3033 WILLARD AVENUE
Summary
Ms. Ann Chen is requesting to modify the perimeter block wall material previously
approved under Tentative Parcel Map 067472 and Zone Variance 05-337. Condition of
Approval No. 25 requires that all perimeter walls consist of split face block with
decorative pre-cast concrete caps. Ms. Chen is proposing a precision block wall that is
stuccoed and painted to match the exterior of the buildings. The subject site is located
at 3033 Willard Avenue in the R-2 (Light Multiple Residential) zone.
Environmental Determination:
Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts
projects that consist of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure. Accordingly, Modification 10-01 is classified as a Class 3
Categorical Exemption pursuant to Section 15303 of CEQA and therefore exempt from
further environmental analysis.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Modification 10-01 and
ADOPT Resolution No. 10-15 (Exhibit "A") with findings and subject to nine (9)
conditions outlined in Exhibit "B" attached hereto.
MOD 10-01, PC Staff Report
May 3, 2010
Page 2 of 14
Property History and Description
The subject site is located on the west side of Willard Avenue, between Earle Avenue
and Walnut Grove Avenue. The site totals approximately 21,212± square feet. On
August 6, 2007, the Planning Commission approved Tentative Parcel Map 067472 and
Zone Variance 05-337 for the subdivision of two (2) parcels into four (4) parcels for the
development of four (4) new single-family homes. A zone variance application was
approved to deviate from the minimum required lot size of six thousand (6,000) square
feet for flag lot development of the proposed front lot. The project is currently under
construction, and the Building Division estimates that the project will be completed by
Fall of this year.
East Elevation
Site & Surrounding Land Uses
The site is designated in the General Plan for Multi-Family Density Residential and on
the zoning map it is designated for R-2 (Light Multiple Residential) zone. The site is
surrounded by the following land uses:
North
General Plan: Medium Density Residential (0-12 du/ac)
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
South:
General Plan: Mixed use: Residential/Commercial (30 du/ac; 3 stories)
Zoning: M-1 (Light Manufacturing and Industrial)
MOD 10-01, PC Staff Report
May 3, 2010
Page 3 of 14
Land Use: Motel and Auto Business
East:
General Plan: Medium Density Residential (0-12 du/ac)
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
West:
General Plan:
Medium Density Residential (0-12 du/ac)
Zoning:
R-2 (Light Multiple Residential)
Land Use:
Residential
Administrative Analysis
The applicant is requesting to modify Condition of Approval No. 25 as set forth in the
original project approvals. As approved by the Rosemead Planning Commission on
August 6, 2007, Condition of Approval No. 25 states that A wall/fence plan shall be
submitted to the Planning Department for review and approval prior to installation. All
perimeter walls shall consist of split face block, in a neutral color, with decorative pre-
cast concrete caps." As illustrated on the plans, attached as Exhibit "C," the applicant
is requesting to change the wall material from a split face block to a precision block that
is stuccoed and painted to match the exterior of the new dwelling units. A split face cap
will be added to the top of the wall.
In a letter dated March 2, 2010, which has been attached as Exhibit "D," the applicant
indicated that her request to modify the wall material is due to an economic hardship.
Attached to Ms. Chen's letter is a cost estimate for a split face block wall and a
stuccoed precision block wall (which has also been attached as "Exhibit E"). The cost
estimate indicates that a precision block wall with a stucco finish would cost $45,000
and a split face block wall would cost $77,000. Ms. Chen states that she is unable to
afford the cost of the split face wall.
Staff has carefully reviewed the applicant's request to verify that the proposed block wall
will be compatible with the architectural style of the new homes under construction. The
Single-Family Residential Design Guidelines recommends that all wall material utilize
materials and colors that are compatible with the architectural style of the home and
surrounding neighborhood. For this reason, staff finds that this request to be consistent
with the dwelling units currently under construction.
Municipal Code Requirements
Section 66474 et seq of the Subdivision Map Act describes the grounds for approving a
subdivision map. In addition, Chapter 16.08 of the Rosemead Municipal Code (RMC)
provides subdivision regulations for minor subdivisions (4 or less lots). Chapter 16.08
does not contain standards for the modification of maps, and so City staff has applied
the same standards to Ms. Chen's request for a modification that were applied to the
original map application.
MOD 10-01, PC Staff Report
May 3, 2010
Paoe 4 of 14
On August 6, 2007, the Planning Commission determined that the subdivision met all
the requisite standards of the Subdivision Map Act and Chapter 16.08 of the RMC and
approved Tentative Parcel Map 067472. As stated above, in the absence of specific
standards for modification in the Code, Staff is applying the requirements for the initial
grant of the approval to the applicant's request for a modification. The following are
findings that must be made in order to approve~a Tentative Parcel Map and Staffs
analysis of each:
The map will not be materially detrimental to the public welfare nor injurious to
the property, or improvements in the immediate vicinity.
The parcel map was approved by the Planning Commission on August 6, 2007
and the LA County Department of Public Works has indicated that the parcel
map was recorded on September 2, 2009. The modification of the block wall
material will not affect the map, and therefore will not be detrimental to the public
welfare nor injurious to the property or improvements in the immediate vicinity.
• The proposed division will not be contrary to any official plan, policy or standards
adopted by the City.
The parcel map was approved by the Planning Commission on August 6, 2007
and the LA County Department of Public Works has indicated that the parcel
map was recorded on September 2, 2009. The modification of the block wall
material will not affect the subdivision, therefore will not be contrary to any official
plan adopted by the City Council of the City of Rosemead; or to any official
policies or standards adopted by the City Council and on file in the office of the
City Clerk at or prior to the time of filing of the application hereunder.
• Each proposed parcel conforms in area and dimension to the City codes.
The parcel map was approved by the Planning Commission on August 6, 2007
and the LA County Department of Public Works has indicated that the parcel
map was recorded on September 2, 2009. The modification of the block wall will
not affect each proposed parcel, therefore each proposed parcel continues to
conform in area and dimension to the provisions of zoning and subdivision
requirements of the City of Rosemead.
• All streets, alleys and driveways proposed to serve the property have been
dedicated and that such streets, alleys and driveways are of sufficient design to
provide adequate access and circulation for vehicular and pedestrian traffic.
The parcel map was approved by the Planning Commission on August 6, 2007
and the LA County Department of Public Works has indicated that the parcel
MOD 10-01, PC Staff Report
May 3, 2010
Pape 5 of 14
map was recorded on September 2, 2009. The modification of the block wall will
not affect the adjacent right-of-way and private common driveway, therefore
would not affect the public safety, adequate access, or circulation for vehicular
and pedestrian traffic.
• Easements and covenants required for the' Tentative Map have been executed
and recorded.
The parcel map was approved by the Planning Commission on August 6, 2007
and the LA County Department of Public Works has indicated that the parcel
map was recorded on September 2, 2009. The modification of the block wall will
not affect the execution or recordation of alley easements and covenants
required for the approval of the tentative map or plot plan.
Section 17.108.020 of the Municipal Code sets criteria required for granting a variance.
There being no specific criteria for modification of a variance, Staff has applied these
same criteria to Ms. Chen's application. If any one of the criteria cannot be met, then
the variance may not be granted. As with the map, on August 6, 2007, the Planning
Commission determined that the zone variance met all the requisite standards required
by Section 17.108.020 of the RMC. These criteria require that granting such a variance
will not:
• Constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity;
The zone variance was approved by the Planning Commission on August 6,
2007 for less than required lot area (Lot 1). The modification of the block wall will
not affect the zone variance. Therefore, it will not constitute a grant of special
privilege to the property owner.
• Be materially detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity;
The zone variance was approved by the Planning Commission on August 6,
2007 for less than required lot area (Lot 1). The modification of the block wall will
not be materially detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity. The applicant is proposing
stuccoed block wall which will be compatible with the architectural style of the
new homes under construction.
• Adversely affect the comprehensive general plan; and
MOD 10-01, PC Staff Report
May 3, 2010
Paqe 6 of 14
The zone variance was approved by the Planning Commission on August 6,
2007 for less than required lot area (Lot 1). The modification of the block wall will
not affect the subdivision, therefore will not adversely affect the comprehensive
General Plan.
That because of special circumstances, the strict enforcement of the code would
deprive the subject property of privileges enjoyed by other properties in the
vicinity under identical zone classifications.
The zone variance was approved by the Planning Commission on August 6,
2007 for less than required lot area (Lot 1). The modification of the block wall will
not deprive the subject property of privileges enjoyed by other properties in the
vicinity. Section 17.20.170 of the RMC sets regulations and allows the
installation of fences, walls and hedges in the R-2 zone.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' radius public hearing notice to fifty (50) property owners, publication in
the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations
and on the subject site.
Prepared by:
-
Lily Trinh
Assistant Planner
,,,Submitted by:
Community
Director
Attachments: A. Resolution 10-15
B. Conditions of Approval
C. Architectural Plans dated April 1, 2010
D. Letter of Request dated March 2, 2010
E. Cost Estimate of Block Wall Material
MOD 10-01, PC Staff Report
May 3, 2010
Page 7 of 14
EXHIBIT "A"
PC RESOLUTION 10-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING A MODIFICATION TO THE PERIMETER BLOCK WALL
MATERIAL PREVIOUSLY APPROVED UNDER TENTATIVE PARCEL
MAP 067472 AND ZONE VARIANCE 05-337 FROM SPLIT FACE
BLOCK WALL TO PRECISION BLOCK WALL THAT IS STUCCOED
AND PAINTED TO MATCH THE EXTERIOR OF THE BUILDINGS. THE
SUBJECT SITE IS LOCATED AT 3033 WILLARD AVENUE, IN THE R-2
(LIGHT MULTIPLE RESIDENTIAL) ZONE (APN: 5288-004-062 TO 065).
WHEREAS, on April 1, 2010, Ann Chen filed an application to modify the
perimeter block wall material previously approved under Tentative Parcel Map 067472
and Zone Variance 05-337, located at 3033 Willard Avenue; and
WHEREAS, this property at 3033 Willard Avenue is located in the R-2 (Light
Multiple Residential) zone; and
WHEREAS, Section 17.16 et seq. of the Rosemead Municipal Code sets
standards for development of properties in the R-2 (Light Multiple Residential) zone;
and
WHEREAS, Sections 66451 et seq of the California Government Code (Map Act)
and Section 16.08.130 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny tentative subdivision maps; and
WHEREAS, Sections 66473.5 and 66474 of the California Government Code
(Map Act) and 16.08 of the Rosemead Municipal Code specify the following criteria by
which a subdivision map may be granted:
The map will not be materially detrimental to the public welfare nor injurious to
the property;
• The proposed subdivision will not be contrary to any official plan;
• Each proposed Tract conforms in area and dimension to the City codes;
• All streets, alleys, and driveways proposed to serve the property have been
dedicated and that such streets, alleys and driveways are of sufficient design
to provide adequate access and circulation for vehicular and pedestrian
traffic;
• Easements and covenants required for the tentative map have been executed
and recorded; and
MOD 10-01, PC Staff Report
May 3, 2010
Page 8 of 14
WHEREAS, Section 17.108.020 sets the following criteria required for granting a
variance which states that the granting of a variance shall not:
• Constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity;
• Be materially detrimental to the public 'health or welfare or injurious to the
property or improvements in such zone or vicinity;
• Adversely affect the comprehensive general plan; and
• That because of special circumstances, the strict enforcement of the code
would deprive the subject property of privileges enjoyed by other properties in
the vicinity under identical zone classifications; and
WHEREAS, the Planning Commission has applied the criteria for a subdivision
map and for a variance to the applicant's request for modification of the conditions of
the subject map and variance; and
WHEREAS, on April 22, 2010, fifty (50) notices were sent to property owners
within a 300-foot radius from the subject property, in addition to notices posted in six (6)
public locations and on-site, specifying the availability of the application, plus the date,
time and location of the public hearing for Modification 10-01, and on April 23, 2010, the
notice was published in the San Gabriel Valley Tribune; and
WHEREAS, on May 3, 2010, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification
10-01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that
Modification 10-01 is Categorically Exempt from environmental review as a Class 3
Exemption pursuant to Section 15303 of the California Environmental Quality Act
(CEQA).
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that the modification of the plan does not in any way alter the findings previously made
by the Planning Commission to approve Tentative Parcel Map 067472 and Zone
Variance 05-337. On August 6, 2007, the Planning Commission determined that the
subdivision and zone variance met all the requisite standards set forth. Staff is only
applying the requirements for the initial grant of the approval to the applicant's request
MOD 10-01, PC Staff Report
May 3, 2010
Page 9 of 14
for a modification. The facts do exist to justify approving Modification 10-01 according
to the criteria of Section 16.08.130 of the Rosemead Municipal Code as follows:
A. The map will not be materially detrimental to the public welfare nor
injurious to the property or improvements in the immediate vicinity.
FINDING: The parcel map was approved by the Planning Commission on
August 6, 2007 and the LA County Department of Public Works has indicated that the
parcel map was recorded on September 2, 2009. The modification of the block wall
material will not affect the map, and therefore will not be detrimental to the public
welfare nor injurious to the property or improvements in the immediate vicinity.
B. The proposed division will not be contrary to any official plan adopted by the
City Council of the City of Rosemead; or to any official policies or standards adopted by
the City Council and on file in the office of the City Clerk at or prior to the time of filing of
the application hereunder.
FINDING: The parcel map was approved by the Planning Commission on
August 6, 2007 and the LA County Department of Public Works has indicated that the
parcel map was recorded on September 2, 2009. The modification of the block wall
material will not affect the subdivision, therefore will not be contrary to any official plan
adopted by the City Council of the City of Rosemead; or to any official policies or
standards adopted by the City Council and on file in the office of the City Clerk at or
prior to the time of filing of the application hereunder.
C. Each proposed parcel conforms in area and dimension to the provisions
of zoning and subdivision requirements of the City of Rosemead.
FINDING: The parcel map was approved by the Planning Commission on
August 6, 2007 and the LA County Department of Public Works has indicated that the
parcel map was recorded on September 2, 2009. The modification of the block wall will
not affect each proposed parcel, therefore each proposed parcel continues to conform
in area and dimension to the provisions of zoning and subdivision requirements of the
City of Rosemead.
D. All streets, alleys and driveways proposed to serve the property have been
dedicated or such dedication is not required for the protection of public safety, health
and welfare and that such streets, alleys and driveways are of sufficient width, design
and construction to preserve the public safety and to provide adequate access and
circulation for vehicular and pedestrian traffic.
FINDING: The parcel map was approved by the Planning Commission on
August 6, 2007 and the LA County Department of Public Works has indicated that the
parcel map was recorded on September 2, 2009. The modification of the block wall will
MOD 10-01, PC Staff Report
May 3, 2010
Page 10 of 14
not the adjacent right-of-way and private common driveway, therefore would not affect
the public safety, adequate access, or circulation for vehicular and pedestrian traffic.
E. Alley easements and covenants required for the approval of the tentative map
or plot plan have been duly executed and recorded.
FINDING: The parcel map was approved by the Planning Commission on
August 6, 2007 and the LA County Department of Public Works has indicated that the
parcel map was recorded on September 2, 2009. The modification of the block wall will
not affect the execution or recordation of alley easements and covenants required for
the approval of the tentative map or plot plan.
Zone Variance
Section 17.108.020 sets criteria required for granting such a variance. If one of
these criteria cannot be met, then the variance may not be granted. On August 6, 2007,
the Planning Commission determined that the zone variance met all the requisite
standards required by Section 17.108.020 of the RMC. Staff is only applying the
requirements for the initial grant of the approval to the applicant's request for a
modification. These criteria require that granting such a variance will not:
A. Constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity.
FINDING: The zone variance was approved by the Planning Commission on
August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall
will not affect the zone variance. Therefore, it will not constitute a grant of special
privilege to the property owner.
B. The project will not be materially detrimental to the public health or welfare or
injurious to the property or improvements in such zone or vicinity.
FINDING: The zone variance was approved by the Planning Commission on
August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall
will not be materially detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity. The applicant is proposing stuccoed
block wall which will be compatible with the architectural style of the new homes under
construction.
C. The project will not adversely affect the comprehensive General Plan.
FINDING: The zone variance was approved by the Planning Commission on
August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall
MOD 10-01, PC Staff Report
May 3, 2010
Paoe 11 of 14
will not affect the subdivision project, therefore will not adversely affect the
comprehensive General Plan.
D. That because of special circumstances, the strict enforcement of the code
would deprive the subject property of privileges enjoyed by other properties in the
vicinity under identical zone classification.
FINDING: The zone variance was approved by the Planning Commission on
August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall
will not deprive the subject property of privileges enjoyed by other properties in the
vicinity. Section 17.20.170 of the RMC sets regulations and allows the installation of
fences, walls and hedges in the R-2 zone.
SECTION 3. The Planning Commission HEREBY APPROVES Modification 10-
01 to modify the perimeter block wall material previously approved under Tentative
Parcel Map 067472 and Zone Variance 05-337 from split face block wall to precision
block wall that is stuccoed and painted to match the exterior of the buildings, located at
3033 Willard Avenue, subject to the conditions listed in Exhibit "B" attached hereto and
incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on May 3, 2010, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 6. The secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED, this 3rd day of May, 2010.
Diana Herrerra, Chairwoman
MOD 10-01, PC Staff Report
May 3, 2010
Page 12 of 14
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on this 3'd day of May,
2010, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
EXHIBIT "B"
MODIFICATION 10-01
(TENTATIVE PARCEL MAP 067472 ANDZONE VARIANCE 05-337)
3033 WILLARD AVENUE
CONDITIONS OF APPROVAL
May 3, 2010
MOD 10-01, PC Staff Report
May 3, 2010
Pape 13 of 14
1. Modification 10-01 shall be in compliance and remain in compliance with all
Conditions of Approval for Tentative Parcel Map 067472 and Zone Variance 05-
337, except Condition of Approval No. 25, in addition to the Conditions of
Approval for Modification 10-01.
2. Modification 10-01 is approved for the modification of the perimeter block wall
material from split face block wall to precision block wall that is stuccoed and
painted to match the exterior of the buildings.
3. Approval of Modification 10-01 shall not take effect for any purpose until the
applicant has filed with the City of Rosemead a notarized affidavit stating that
he/she is aware of and accepts all of the conditions of approval as set forth in the
letter of approval and this list of conditions, within ten (10) days from the Planning
Commission approval date.
4. Modification 10-01 is approved for a period of six (6) months.. The applicant shall
commence the proposed use or request an extension within 30-calendar days
prior to expiration. The six (6) months initial approval period shall be effective
from the Planning Commission approval date. For the purpose of this petition,
project commencement shall be defined as beginning the permitting process with
the Planning and Building Divisions, so long as the project is not abandoned. If
the Modification 10-01 has been unused, abandoned or discontinued for a period
of six (6) months it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
6. Modification 10-01 is granted or approved with the City and its Planning
Commission and City Council retaining and reserving the right and jurisdiction to
review and to modify the permit--including the conditions of approval--based on
changed circumstances. Changed circumstances include, but are not limited to,
the modification of the use, a change in scope, emphasis, size, or nature of the
use, or the expansion, alteration, reconfiguration, or change of use. This
reservation of right to review is in addition to, and not in lieu of, the right of the
city, its Planning Commission, and City Council to review and revoke or modify
any permit granted or approved under the Rosemead Municipal Code for any
violations of the conditions imposed on Modification 10-01.
7. The applicant shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead or its agents, officers, or employees to attack, set
side, void, or annul, an approval of the Planning Commission and/or City Council
concerning the project, which action is brought within the time period provided by
law.
MOD 10-01, PC Staff Report
May 3, 2010
Page 14 of 14
8. The onsite public hearing notice posting shall be removed within 30 days from
the end of the 10-day appeal period of Conditional Use Permit 05-1015
(Modification).
9. Violation of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
3-2-2010
To : Rosemead City Planning Department
Ref.: 3033 Willard Ave. Rosemead. Block Wall
My name is Ann Chen, the property owner of the 3033 Willard Ave. Rosemead. The
purpose of this letter is in regards to the block wall of these properties. As you may
know, the cost of a regular block wall is $45,000.00 while the cost of a split face
block wall is $77,000.00, a difference of $32,000.00. Since the construction of these
four houses turned out to be well over one million dollars, and the bad US economic
effecting the real estate market, the split face block wall comes as an unexpected
burden, pushing us over our budget. We are now unable to afford the cost of a split
face block wall and so we ask that the city planning department allow us to build a
regular block wall with stucco finish to match the house, they will look even better
because the color match the house and texture in softer. Your consideration of this
matter is greatly appreciated.
Best regards,
Ann Chen
EXHIBIT D
ADDI/T'IONAL 'WORK AUTHORIZATION
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We hereby submit the following specifically described additional work:
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Additional charge for above described work is: $ Dollars
with payments to be made as follows:
Additional work to be performed under same conditions as specified in original contract unless otherwise stipulated.
We propose hereby to furnish material and labor - complete in accordance with these specifications at above stated price.
Respectfully submitted
ACCEPTANCE OF ADDITIONAL WORK
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payments will be made as outlined above.
Date of Acceptance - Signature
&.NCSaza ADDITIONAL WORK AUTHORIZATION EXHIBIT E