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 1, 2022
Julien Tellez Sent via e-mail and mail
821 Lime Avenue
Long Beach, CA 90813
Subject: Single Family Architectural Design Review No. SFADR 2 2-09
Project Address: 717 Estrella Avenue
Dear Mr. Tellez:
The public comment period for the Notice of Pending Decision ended on
October 28, 2022. Staff did not receive any comments during the notification
period. Staff has determined that the design of the additions to the existing
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 first
story addition of 300 square feet, an d a new second story of 800 square
feet at 717 Estrella Avenue, 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 22-09 subject to the satisfaction 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 Planning
& Community Development Administrator, or their respective
designees. Compliance with these requirements is to be determined
by having fully de tailed con struction plans submitted for plan check
review and approval by the foregoing City 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 SFADR 22-09 on the Project site, and
w hich 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 defen se 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 bel ow 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, November 14, 2022. You will
be notified if an appeal is filed.
Approval of SFADR 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 no w and if it is
not received by December 1, 2022, this approval will become null and void.
This design approval shall expire in one year (November 15, 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 ind icate 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: Leonard Chen, Property Owner