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
March 18, 2024
Robert Tong
Sanyao International Inc.
255 E. Santa Clara St. #200
Arcadia, CA 91006
SUBJECT: Single-Family Design Review No. SFADR 23-18, Minor Use Permit
No. MUP 23-12, and Protected Tree Encroachment No. TRE 24-02
PROJECT ADDRESS: 225 W. Longden Avenue
Dear Mr. Tong:
The public comment period for the Notice of Pending Decision ended on March
12, 2024, and no comments were received. Staff determined that the design of the
house is consistent with the City’s Single Family Design Guidelines. Therefore, the
Development Services Department has conditionally approved the single-family
design review project for a new two-story, 8,425 square foot, contemporary style
residence with an attached two-car garage, a detached two-car garage, and a
tennis court with lighting at 225 W. Longden Avenue. The approval also allows for
the new residence to encroach within the dripline of two (2) protected trees. All the
applicable findings for the Minor Use Permit for the tennis court have been made
(attached). This project is subject to the following conditions of approval:
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 23-18, Minor Use
Permit No. MUP 23-12, and Protected Tree Encroachment No. TRE 24-02,
subject to the satisfaction of the Deputy Development Services Director or
designee.
2. The Property Owner/Applicant shall comply with all of the recommended
tree protection measures listed in the Arborist Report, dated January 20,
2024.
3. Two (2) 48” box California Sycamore trees are to be planted and
maintained in the front yard as shown on the approved landscape plan.
4. The Sports Court Lighting Agreement for the tennis court must be signed
by the Property Owner/Applicant and submitted to Planning Services prior
to submitting the plans into Building Services for plan-check. The tennis
court lights shall not be turned on between the hours of 11:00 PM to 6:00
AM, Sunday through Thursday, and between 12:00 PM midnight to 6:00
AM on Friday and Saturdays.
5. 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.
6. 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 Deputy Development Serviced Director, 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.
7. To the maximum extent permitted by law, Applicant/Property Owner 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 23-18, MUP 23-12, and TRE 24-02
(“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 Applicant/Property Owner 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 Development Services Department along with a
$713.00 appeal fee by 5:30 p.m. on Thursday, March 28, 2024. City Hall is closed on Friday,
March 22, 2024.
Approval of SFADR 23-18, MUP 23-12, and TRE 24-02 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 April 18, 2024, this approval will become null and void.
This design approval shall expire in one year (March 29, 2025) 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) 574-5442 or
by email at fgraham@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Fiona Graham
Planning Services Manager
Attachment: Minor Use Permit Findings for Tennis Court
c: Bang Xiao Chen, Property Owner
Attachment 1:
Required Findings for Approval of a Minor Use Permit Pursuant to
Development Code Section 9107.09.050
FINDINGS YES NO
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan.
The proposed tennis court is consistent with the Very Low Density
Residential General Plan land use designation, which permits the use of
private tennis courts and similar facilities to allow for recreational activity
in accessory to a primary residential use.
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2. That, subject to the granting of a Minor Use Permit, the use proposed
is allowed within the applicable zone and complies with all other applicable
provisions of the Development Code and Municipal Code.
The zoning of the site is Very Low Density Residential (R-O) and the
Arcadia Development Code Section 9102.01.020 and 9104.02.330 allows
sports courts with lighting in the R-O Zone subject to approval of a Minor
Use Permit. The proposed tennis court will be in compliance with all
applicable provisions of the Development and Municipal Code.
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3. That the design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land uses
in the vicinity.
The proposed tennis court will be located at the rear of the residential
property and will be compatible with surrounding residential properties
which also contain similar sports courts in the rear yard areas. In addition,
landscape screening will be provided along the property lines and lighting
will be contained on site. The Property Owner/Applicant will be required
to sign a Sports Court Lighting Agreement pursuant to the provisions of
the Development Code, which will outline the appropriate operations of
the Sports Court and its associated lighting.
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4. That the site is physically suitable in terms of its design, location, shape,
size, and operating characteristics of the proposed use in order to
accommodate the use, and all fences, landscaping, loading, parking
spaces, walls, yards, and other features required to adjust the use with
the land and uses in the neighborhood; streets and highways are
adequate in width and pavement type to accommodate public and
emergency vehicle (e.g., fire and medical) access; public protection, and
provisions of utilities.
The existing property is a large residential lot that is physically suitable for
accommodating the proposed tennis court as an accessory use to the
primary residence. The tennis court will meet the requirements for fencing
and lighting and will meet the required rear and side yard setbacks. The
residential property will also be able to provide emergency service access
to the tennis court. Therefore, no impacts are anticipated from the
proposed use.
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5. That the type, density, and intensity of the use proposed will not
adversely affect the public convenience, health, interest, safety, or general
welfare, constitute a nuisance, or be materially injurious to the
improvements, persons, property, or uses in the vicinity and zone in which
the property is located.
The proposed tennis court will not adversely affect the surrounding
properties as lighting for the court is to be contained on site, fencing will
be provided around the court, and the property is proposed to have
landscaped screening to provide additional privacy to the neighbors. The
tennis court will serve as an accessory use to the residential property and
will provide a recreational opportunity to its residents. Therefore, the
proposed tennis court will not impact the public convenience, health,
interest, safety, or general welfare, will not constitute a nuisance, or be
materially injurious to the community or the residential property on which
it is located.
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