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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 November 22, 2021 Huan Fang 200 Brannan Street, Apt. 222 San Francisco, CA 94107 Subject: Single-Family Design Review No. SFADR 21-19, Healthy Protected Tree Removal No. TRH 21-09, & Protected Tree Encroachment No. TRE 20-27 Project Address: 463 Las Tunas Drive Dear Mr. Fang: The public comment period for the Notice of Pending Decision ended on November 16, 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 28, 2021, for a new 3,585 square foot, two-story, home with an attached 515 square foot two-car garage, a 57 square foot front porch, and a 530 square foot detached Accessory Dwelling Unit at 463 Las Tunas Drive, 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 21-19, Healthy Protected Tree Removal No. TRH 21-09, & Protected Tree Encroachment No. TRE 20-27, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. A Covenant is required for the detached Accessory Dwelling Unit (ADU), and the required documents shall be updated and 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. 3. The Property Owner/Applicant shall comply with all of the recommended tree protection measures listed in the Arborist Report, dated September 15, 2021. 4. 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. 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 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. 7. 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 21-19, TRH 21-09, and TRE 20-27 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 Thursday, December 2, 2021. You will be notified if an appeal is filed. Approval of SFADR 21-19, TRH 21-09, and TRE 20-27 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 22, 2021, this approval will become null and void. This design approval shall expire in one year (December 3, 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: Dong Jia, Property Owner