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
May 25, 2022
Attn: Robert Tong
Sanyao International, Inc.
255 E. Santa Clara Street, Suite #200
Arcadia, CA 91006
SUBJECT: Single-Family Architectural Design Review No. SFADR 22-06
PROJECT ADDRESS: 1547 Rodeo Road
Dear Mr. Tong:
The public comment period for the Notice of Pending Decision ended on
May 10, 2022. Staff did not receive any public comments. It was determined
that the request to change the architectural style of the house to a
Mediterranean style, add 75 square feet to the second floor, and slightly
increase the size and shape of the existing second floor rear balcony is
consistent with the Single-Family Design Guidelines. Therefore, the
Development Services Department has conditionally approved the
subject proposal at 1547 Rodeo Road. 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 plans
submitted and conditionally approved for Single-Family Architectural
Design Review No. SFADR 22-06.
2. 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.
3. 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 22-06 on 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 Property Owner /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 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 Property Owner/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 $630.00 appeal fee by 5:30 p.m. on Monday, June 6, 2022. City Hall is
closed on Monday, May 30, 2022 in observance of Memorial Day and Friday, June 3,
2022.
Approval of SFARD 22-06 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 June 24, 2022, this approval will become null and void.
This design approval shall expire in one year (June 7, 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: Thomas Chang, Trustee pf the Rodeo 1547 Trust, Property Owner