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
August 1, 2024 SENT VIA EMAIL AND MAIL
Philip Chan
PDS Studio Inc.
711 S. 1st Avenue
Arcadia, CA 91006
Subject: Single Family Architectural Design Review No. SFADR 24-09 and
Protected Tree Encroachment Permit No. TRE 24-08
Project Address: 1605 Hyland Avenue
Dear Mr. Chan:
The public comment period for the Notice of Pending Decision on the subject
project has ended. Staff received one comment during the notification period
from a neighbor with concerns about the existing property line fence and three
protected oak trees on the site. A condition of approval for a new block wall
along the property line has been added to address the issue with the fence and
the trees, being protected, cannot be removed. 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 6,138 square foot, Contemporary style, single family
home located at 1605 Hyland 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 24-09 and in accordance with the
recommendations in the arborist report submitted for Protected Tree
Encroachment Permit No. TRE 24-08.
2. No protected trees shall be removed under this approval.
3. All existing property line fences and existing walls in need of repair shall
be replaced with a new stuccoed block wall on the property line with the
adjacent property owner’s consent.
4. No structures (including a wall) or trees shall be constructed or planted
within the existing easements without written permission from the
easement holder and approval from the City.
5. The project shall comply with the City’s Water Efficient Landscaping
Ordinance (WELO). The WELO application shall be submitted with the
plans for plan check to Building Services.
6. 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 Deputy Development
Services 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 and employees.
7. 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 24-09 and TRE 24-08 (“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 $728.00 appeal fee by 5:30 p.m. on Monday, August 12, 2024. You will be notified if
an appeal is filed.
Approval of SFADR 24-09 and TRE 24-08 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 September 3, 2024, this approval will become null and void.
This design approval shall expire in one year (August 13, 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)
821-4334 or by email at earreola@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Edwin Arreola
Acting Senior Planner
Enclosure
C:Xiao Feng Chen, Property Owner