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Home My WebLink AboutSFADR 21-05_ Decision 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 January 24, 2022 SENT VIA EMAIL Attn: Philip Chan PDS Studio Inc. 711 S. 1st Ave. Arcadia, CA 91006 SUBJECT: Single-Family Design Review No. SFADR 21-05 PROJECT ADDRESS: 424 W. Le Roy Avenue Dear Mr. Chan: The public comment period for the Notice of Pending Decision ended on January 12, 2022. 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 7,180 square-foot, two-story, Spanish-style residence with an attached four-car garage, and a 2,776 square foot basement at 424 W. Le Roy Avenue. This project is subject to the following conditions of approval: 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the Single-Family Design Review No. SFADR 21-05 plans submitted and conditionally approved for, subject to the approval of the Planning & Community Development Administrator or designee. 2. The top plate height shall not exceed 10’-0” for the first level and 9’-0” for the second level. The plans submitted for Building Services plan - check review must comply with this condition. 3. Prior to submitting the plans to the Building Division for plan-check review, the Property Owner/ Applicant shall revise the basement to comply with the Development Code. The basement shall no extend beyond the external walls of the building. The light well shall not be design in a manner that accommodates an outdoor area but only to meet the Building and Fire Code. 4. Prior to submitting the plans to the Building Division for plan-check review, the box sizes of the Dodonaea Viscosa, Prunus Caroliniana, and Cupressus Sempervirens shall be increased from 15-gallon to 24”-box. The hedges shall be planted prior to the issuance of a Certificate of Occupancy. 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 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. 7. To the maximum extent permitted by law, Property Owner/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 Property Owner/Applicant’s activities in connection with Single-Family Design Review No. SFADR 21-05, the Project site, and which may arise from the direct or indirect operations of the Property Owner/Applicant or those of the Property Owner/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 Property Owner/Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Property Owner/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, Property Owner/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, Property Owner/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 Property Owner/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 Property Owner/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 $636.00 appeal fee by 5:30 p.m. on Thursday, February 3, 2022. City Hall is closed on Friday, January 28, 2022. Approval of SFARD 21-05 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 February 23, 2022, this approval will become null and void. This design approval shall expire in one year (February 4, 2023) 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) 574-5422 or by email at vquiroz@ArcadiaCA.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Vanessa Quiroz Associate Planner Enclosed c: Sukuman Aueyong, Property Owner