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
August 26, 2021
Eric Tsang
440 E. Huntington Drive, Suite 356
Arcadia, CA 91006
SUBJECT: Single-Family Design Review No. SFADR 21-12 and Removal
of Healthy Protected Tree No. TRH 21-07
PROJECT ADDRESS: 65 W. Magna Vista Avenue
Dear Mr. Tsang:
The public comment period for the Notice of Pending Decision ended on
August 19, 2021. Staff did not receive any comments during the comment
period. Staff determined that the design of the house is consistent with the
Single-Family Design Guidelines. Therefore, the Development Services
Department has conditionally approved the single-family design review
project for a new 4,000 square-foot, two-story, Prairie-style residence with
an attached two-car garage with the request to remove two (2) protected
Chinese Elms trees at 65 W. Magna Vista Avenue. This project is subject
to the following conditions of approval:
1. Four (4) 36”-box trees shall be required as replacement trees for the
removal of the two protected trees. The Landscape Plan for plan-
check review must identify the trees and the trees must be planted
prior to the issuance of a Certificate of Occupancy.
2. The Property Owner/Applicant shall develop and maintain the site
in compliance with all of the recommended tree protection measures
listed in the Arborist Report, June 15, 2021.
3. The top plate height shall not exceed 9’-6” for the first level and 9’-
0” for the second level. The plans submitted for Build ing Services
plan check shall comply with this condition.
4. 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.
5. 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.
6. 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 d amages 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 Single-
Family Design Review No. SFADR 21-12 and Removal of Healthy Protected Tree
No. TRH 21-07on 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, ap plicability, 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 actio n.
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 incur red 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 $630.00 appeal fee by 5:30 p.m. on Tuesday, September 7, 2021. City Hall
is closed on Friday, August 27, 2021 and Monday, September 6, 2021 in observance of
Labor Day.
Approval of SFARD 21-12 and TRH 21-17 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 Fo rm is due
now and if it is not received by September 27, 2021, this approval will become null and
void.
This design approval shall expire in one year (September 8, 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) yea r 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 cons truction 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)
574-5422 or by email at vquiroz@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Vanessa Quiroz
Associate Planner
Enclosed
c: 65 Magna Vista LLC., Property Owner