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
October 1, 2021
PDS Studio Inc Sent via e-mail and mail
711 S. First Ave.
Arcadia, CA 91006
Subject: Single-Family Design Review No. SFADR 21-07
Project Address: 1537 Hyland Avenue
Dear Applicant:
The public comment period for the Notice of Pending Decision ended on
September 30, 2021. Staff did not receive any comments during the notification
period. Staff has determined that the design of the new single family residence is
consistent with the Single Family Design Guidelines. Therefore, the Development
Services Department has conditionally approved the single-family design
review project dated June 2, 2021, for a new 4,420 square foot two-story, Italian-
style residence with a 1,660 square foot basement, and an attached 449 square
foot two-car garage at 1537 Hyland Avenue, subject to the following conditions:
1. The project shall be developed and maintained by the Owner/Applicant in
a manner that is consistent with the plans submitted and conditionally
approved for SFADR 21-07, subject to the satisfaction of the Planning &
Community Development Administrator or designee.
2. All windows shall be recessed a minimum of two inches. The plans
submitted for Building plan check shall include a detail.
3. 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.
4. 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.
5. 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 SFADR
21-07 (“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
$630.00 appeal fee by 5:30 p.m. on Monday, October 11, 2021. You will be notified if an appeal
is filed.
Approval of SFADR 21-07 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
November 1, 2021, this approval will become null and void.
This design approval shall expire in one year (October 12, 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) 574-5447
or by email at CSong@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Christine Song
Associate Planner
Enclosure
c: Icy Ho, Property Owner