HomeMy WebLinkAboutDecision Letter - SSADR 21-32 & Major AM 21-14
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
April 4, 2022 VIA EMAIL & MAIL
Cindy Cheng
2975 Huntington Drive, #205
San Marino, CA 91108
Subject: Single-Story Architectural Design Review No. SSADR 21-32
& Major Administrative Modification No. Major AM 21-14
Project Address: 2031 S. 8th Avenue
Dear Ms. Cheng:
The Development Services Department has conditionally approved the
single-story design review and Major Administrative Modification project
submitted on November 22, 2021 comprising three single-story additions
totaling 610 square feet and a reduced rear yard setback at 2031 S. 8th
Avenue, subject to the following conditions:
1. The project shall be developed and maintained by the
applicant/property owner in a manner that is consistent with the plans
submitted February 25, 2022 and conditionally approved for Single
Story Architectural Design Review No. SSADR 21-32 and Major
Administrative Modification No. Major AM 21 -14 for a reduced rear
yard setback, subject to the approval of the Planning & Community
Development Administrator or designee.
2. 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
Development Services Director. 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.
3. 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 SSADR 21-33 (“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 Thursday, April 14, 2022. You will be
notified if an appeal is filed.
Approval of SSADR 21-32 and Major AM 21-14 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 May 4, 2022, this approval will become null and void.
This approval shall expire in one year (April 15, 2023) from the effective date unless a
building permit is issued and the construction is diligently pursued, a certificate of
occupancy has been issued, or the approval is renewed.
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) 574-5442 or by email at fgraham@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Fiona Graham
Planning Services Manager
Enclosure
c. David Wang, Property Owner