HomeMy WebLinkAboutApproval 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
September 30, 2022 Via Email and Mail
Eric Tsang
Eric Tsang Architects
440 E. Huntington Drive #323
Arcadia, CA 91006
Subject: Single- Family Architectural Design Review No. SFADR 22-12
and Protected Tree Encroachment Permit No. TRE 22-09
Project Address: 239 E Forest Avenue
Dear Mr. Tsang:
The public comment period for the Notice of Pending Decision ended on
September 28, 2022. Staff received one comment during the notification
period requesting the proposed block wall be stuccoed on both sides and
that the foundation not extend over the property line. Staff has added a
condition of approval regarding stuccoing of the block wall and the location
of the block wall foundation. After careful consideration, 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, for a new 2,642 square foot two-story, Modern style
residence with an attached two-car garage, and 45 square foot covered
front porch at 239 E. Forest 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 and materials conditionally approved for Single-Family
Architectural Design Review No. SFADR 22-12 and Protected Tree
Encroachment Permit No. TRE 22-09.
2. The Property Owner/Applicant shall comply with all of the
recommended tree protection measures listed in the Arborist
Report, dated August 18, 2022.
3. The proposed block wall along the property boundary is to be
stuccoed to match the residence. Stucco is to be applied on both
sides of the block wall and have a decorative trim cap. The block
wall foundation is not to encroach into the neighboring property.
4. 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.
5. 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.
6. 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
22-12 and TRE 22-09 (“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 wheth er 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 supportin g 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 $676.00 appeal fee by 5:30 p.m. on Monday, October 10, 2022. You will
be notified if an appeal is filed.
Approval of SFADR 22-12 and TRE 22-09 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 October 30, 2022, this approval will become null
and void.
This design approval shall expire in one year (October 11, 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 d oes 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: Hung Tam, Property Owner
Steve Rogers, Neighboring Resident