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
November 2, 2021
Eric Tsang
440 E. Huntington Drive, Suite 356
Arcadia, CA 91006
Subject: Single-Family Design Review No. SFADR 21-16
Project Address: 700 E. Norman Avenue
Dear Mr. Tsang:
The public comment period for the Notice of Pending Decision ended on October
29, 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 October 13, 2021, for a new 4,496 square foot, two-story, home with an
attached 650 square foot three-car garage, 392 square foot rear covered patio,
and a 65 square foot front porch at 700 E. Norman 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 Single-Family Design Review No. SFADR 21-16, subject to
the satisfaction of the Planning & Community Development Administrator
or designee.
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 SFADR 21-16 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 4:30 p.m. on Friday, November 12, 2021. You will be notified if an appeal is filed.
Approval of SFADR 21-16 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 December
2, 2021, this approval will become null and void.
This design approval shall expire in one year (November 13, 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
Enclosure
c: David & Lolo Kwong, Property Owners