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
December 14, 2023
Eric Tsang
440 E. Huntington Drive, Suite 323
Arcadia, CA 91006
Subject: Single-Family Design Review No. SFADR 23-15, Zoning Clearance
Permit ZCLR– ADU No. 23-25, and Tree Encroachment Permit TRE
No. 23-08
Project Address: 1113 Mayflower Avenue
Dear Applicant:
The public comment period for the Notice of Pending Decision ended on December
13, 2023. Staff received no comments during the notification period. 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 first story addition of 1,245 square feet, and a new
second story of 2,016 square feet. The new proposed home will also encroach into
the dripline of a protected oak tree and have a new 1,000 square foot detached
Accessory Dwelling Unit located at 1113 Mayflower 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 23-15, Zoning Clearance Permit ZCLR– ADU No. 23-25, and Tree
Encroachment Permit TRE No. 23-08.
2. Where a side property line contains a fence within the subject property, or
on the property line, a block wall is to be constructed in place of the fence
by the Applicant/Property Owner prior to the issuance of a Certificate of
Occupancy. The block wall is to be constructed within the property,
adjacent to the side property boundary and in compliance with the
provisions of the Development Code. The block wall shall be stucco-ed to
match the residence on both sides and have a decorative trim cap. The
block wall foundation is not to encroach into the neighboring property.
3. The Property Owner/Applicant shall develop and maintain the site in
compliance with all of the recommended tree protection measures listed in
the Arborist Report, July 28, 2023.
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 the 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 23-15, Zoning
Clearance Permit ZCLR– ADU No. 23-25, and Tree Encroachment Permit
TRE No. 23-08 (“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 notify the Applicant of the claim, action, or proceedings and will cooperate in
the defense of the matter. 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, the Applicant shall provide to the
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. The 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. The City shall only refund
to the 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. The parties hereby agree to cooperate in defending such action. The
City will not voluntarily assist in any 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, at the request of the Applicant or not.
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 $713.00
appeal fee by 5:30 p.m. on Tuesday, December 26, 2023. You will be notified if an appeal is
filed.
Approval of SFADR 23-15, Zoning Clearance Permit ZCLR– ADU No. 23-25, and Tree
Encroachment Permit TRE No. 23-08 shall not be in 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 January 14, 2024, this approval will become null and void.
This design approval shall expire in one year (December 27, 2024) 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) 574-5447 or
by email at amaccarley@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Alison MacCarley
Assistant Planner
Enclosure
c: Daniel Wu, Property Owner