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
June 16, 2021
EZ Plans
C/O Pilar A. Mutuc
20720 Ventura Blvd. #220
Woodland Hills, CA 91364
SUBJECT: Single-Family Design Review No. SFADR 20-19, Protected Tree
Encroachment Permit No. TRE 21-06, and Zoning Clearance-
Accessory Dwelling Unit No. ZCL-ADU 20-29
PROJECT ADDRESS: 370 W. Longden Avenue
Dear Ms. Pilar:
The public comment period for the Notice of Pending Decision ended on June
10, 2021. Staff received one comment during the notification period with
concerns with the home’s Spanish architectural style and details, and the
construction of a two-story home. There are other Spanish architectural style
homes and two-story homes in the neighborhood; therefore, Staff has
determined that the design of the new single-family residence is consistent with
the Single Family Design Guidelines and the homes in the neighborhood.
Therefore, the Development Services Department has conditionally approved
the single-family design review project dated May 20, 2021, for a new two-story
6,468 square foot home with an attached 742 square foot three-car garage, an
attached 468 square foot covered patio at the rear, and a 1,000 square foot
detached Accessory Dwelling Unit an attached subject to the following
conditions:
1. The front entry door shall include an ornamental tile surround, as
indicated on the plans approved on June 16, 2021. The tile design and
color shall be reviewed and approved by the Planning Services Division
prior to submittal of plans to Building Services for plan check.
2. 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.
3. The applicant/property owner 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 and employees.
4. To the maximum extent permitted by law, 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 SADR 20-19, TRE 21-06 & ZCL-ADU 20-29
(“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 Community Development Division along with a
$600.00 appeal fee by 5:30 p.m. on Monday, June 28, 2021. You will be notified if an appeal is
filed.
Approval of SADR 20-19, TRE 21-06 & ZCL-ADU 20-29 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 July 16, 2021, this approval will become null and void.
This design approval shall expire in one year (June 29, 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) 574-5442
or by email at ltorrico@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Luis Torrico
Senior Planner
Enclosure
c: Kevin & Stacey Lee, Property Owner
Brett Mitulski, Resident