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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 May 20, 2021 Robert Tong Sanyao International Inc. 255 E. Santa Clara St. #200 Arcadia, CA 91006 SUBJECT: Single-Family Design Review No. SFADR 21-01, Minor Use Permit No. MUP 21-03, Zoning Clearance No. ZCL-ADU 21-12 and Protected Tree Encroachment No. TRE 21-04 PROJECT ADDRESS: 2236 Holly Avenue Dear Mr. Tong: The public comment period for the Notice of Pending Decision ended on May 18, 2021, and no comments were received. Staff determined that the design of the house is consistent with the City’s Single Family Design Guidelines. Therefore, the Development Services Department has conditionally approved the single-family design review project for a new two-story, 10,492 square foot, Spanish style residence with an attached four-car garage, a detached 1,000 square foot Accessory Dwelling Unit (ADU), and a tennis court at 2236 Holly Avenue. The approval also allows for the new residence to encroach within the dripline of six (6) protected trees. All the applicable findings for the Minor Use Permit for the tennis court have been made (attached). This project is subject to the following conditions of approval: 1. A Covenant is required for the detached Accessory Dwelling Unit (ADU), and the required documents shall be filed to Planning Services when the plans are submitted to Building Services for plan-check. After review and approval by the City, the Covenant shall be recorded at the Los Angeles County Recorder’s Office prior to issuance a Certificate of Occupancy from Building Services. 2. The Property Owner/Applicant shall comply with all of the recommended tree protection measures listed in the Arborist Report, dated March 15, 2021. 3. The hedges/shrubs along the property lines shall be planted at a height of 6’-0” or taller prior to issuance of a Certificate of Occupancy from Building Services. 4. The Sports Court Lighting Agreement for the tennis court must be signed by the Property Owner/Applicant and submitted to Planning Services prior to submitting the plans into Building Services for plan-check. The tennis court lights shall not be turned on between the hours of 11:00 PM to 6:00 AM, Sunday through Thursday, and between 12:00 PM midnight to 6:00 AM on Friday and Saturdays. 5. The project shall comply with the City’s Water Efficient Landscaping Ordinance (WELO). The application shall be submitted with the plans for plan check in Building Services. 6. 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 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. 7. To the maximum extent permitted by law, the Applicant must defend, indemnify, and hold 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 21-01, MUP 21-03, ZCL-ADU 21-12, and TRE 21-04 (“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 promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, 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, Applicant shall provide to 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. 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. City shall only refund to 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 that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with 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, whether or not at the request of the Applicant. 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 Development Services Department along with a $600.00 appeal fee by 5:30 p.m. on Tuesday, June 1, 2021. City Hall is closed on Friday, May 21, 2021, and Monday, May 31, 2021, in observance of Memorial Day. Approval of SFADR 21-01, MUP 21-03, ZCL-ADU 21-12 and TRE 21-04 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 June 21, 2021, this approval will become null and void. This design approval shall expire in one year (June 2, 2022) from the effective date unless plans are submitted to Building Services for plan-check, a building permit is issued and the construction is diligently pursued, a certificate of occupancy has been issued, 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 preclude the issuance of a building permit. 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) 821-4334 or by email at earreola@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Edwin Arreola Assistant Planner Attachment: Minor Use Permit Findings for Tennis Court c: Southland Real Estate, LLC, Property Owner Attachment 1: Required Findings for Approval of a Minor Use Permit Pursuant to Development Code Section 9107.09.050 FINDINGS YES NO 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. The proposed tennis court is consistent with the Very Low Density Residential General Plan land use designation, which permits the use of private tennis courts and similar facilities to allow for recreational activity in accessory to a primary residential use. ☒ ☐ 2. That, subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. The zoning of the site is Very Low Density Residential (R-O) and the Arcadia Development Code Section 9102.01.020 and 9104.02.330 allows sports courts in the R-O Zone subject to approval of a Minor Use Permit. The proposed tennis court will be in compliance with all applicable provisions of the Development and Municipal Code. ☒ ☐ 3. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. The proposed tennis court will be located at the rear of the residential property and will be compatible with surrounding residential properties which also contain similar sports courts in the rear yard areas. In addition, landscape screening will be provided along the property lines and lighting will be contained on site. ☒ ☐ 4. That the site is physically suitable in terms of its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; streets and highways are adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. The existing property is a large residential lot that is physically suitable for accommodating the proposed tennis court as an accessory use to the primary residence. The tennis court will meet the requirements for fencing and lighting and will meet the required rear and side yard setbacks. The residential property will also be able to provide emergency service access to the tennis court. Therefore, no impacts are anticipated from the proposed use. ☒ ☐ 5. That the type, density, and intensity of the use proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the ☒ ☐ improvements, persons, property, or uses in the vicinity and zone in which the property is located. The proposed tennis court will not adversely affect the surrounding properties as lighting for the court is to be contained on site, fencing will be provided around the court, and the property is proposed to have landscaped screening to provide additional privacy to the neighbors. The tennis court will serve as an accessory use to the residential property and will provide a recreational opportunity to its residents. Therefore, the proposed tennis court will not impact the public convenience, health, interest, safety, or general welfare, will not constitute a nuisance, or be materially injurious to the community or the residential property on which it is located.