HomeMy WebLinkAboutApproval LetterSent via e-mail and mail
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
February 12, 2024
Kamen Lai
Elite Design & Development, Inc.
8748 East Valley Boulevard, Suite K
Rosemead, CA 91770
Subject: Single-Family Architectural Design Review No. SFADR 23-11
Protected Tree Encroachment No. TRE 23-13
Removal of Protected Healthy Tree No. TRH 23-15
Zoning Clearance – Accessory Dwelling Unit No. ZCL-ADU 23-16
Project Address: 1618 S. 10th Avenue
Dear Mr. Lai:
The public comment period for the Notice of Pending Decision ended on February
8, 2024. Staff did not receive any comments during the notification period. After
careful consideration, staff has determined that the proposed single-family
residence along with the proposed Accessory Dwelling Unit (ADU) is consistent
with the Single-Family Residential Design Guidelines and the Development Code.
Therefore, the Development Services Department has conditionally approved
the single-family design review project located at 1618 S. 10th 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 23-11, Protected Tree Encroachment No. TRE 23-13, Removal of
Protected Healthy Tree No. TRH 23-15, and Zoning Clearance – Accessory
Dwelling Unit No. ZCL-ADU 23-16.
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 detailed construction plans
submitted for plan check review and approval by the foregoing City and
employees.
3. The project shall comply with the City’s Water Efficient Landscaping
Ordinance (WELO). A Water Efficient Landscape Plan shall be prepared
and submitted as part of the plan check with Building Services.
4. 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, dated October 22, 2023.
5. Each protected tree that is removed subject to this approval, shall be
replaced with two (2) new 24-inch box trees. The location and type of the
replacement trees shall be determined by a Certified Arborist. A follow-up
report by a Certified Arborist shall be submitted to the City verifying
installation of said replacement trees. The Director may modify the tree replacement
requirement subject to a letter provided by a certified arborist explaining the reason for
any such request.
6. The architectural character including materials and colors of the ADU shall match the main
residence.
7. Any exterior lighting must be limited to downlights to prevent glare on to adjacent
homes.
8. 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 23-10 (“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 $676.00
appeal fee by 5:30 p.m. on Monday, June 26, 2023. You will be notified if an appeal is filed.
Approval of SFADR 23-10 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 July 17, 2023,
this approval will become null and void.
This design approval shall expire in one year (June 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.
If you have any questions regarding this approval, please contact me at (626) 574-5422 or by
email at gyesayan@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Gary Yesayan
Associate Planner
Attachment
c: Mark Tuan, Property Owner