HomeMy WebLinkAboutDecision 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
December 4, 2024
Eric Tsang
440 East Huntington Drive, Suite 323
Arcadia, CA 91006
Subject: Single-Family Architectural Design Review No. SFADR 23-20
Project Address: 535 Workman Avenue
Dear Mr. Tsang:
The public comment period for the Notice of Pending Decision ended on
November 21, 2024. Staff did not receive any comments during the
notification period. After careful consideration, staff has determined that the
proposed project that includes a new two-story, single-family residence, 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 for a new
5,135 square foot, two-story, Prairie style residence, 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 23-20.
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. 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, e mployees, 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 23-20 (“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, Ap plicant 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 appeal fee by 5:30 p.m. on December 16, 2024. You will be notified
if an appeal is filed.
Approval of SFADR 23-20 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 Friday, January 3, 2025, this approval will become null and void.
This design approval shall expire in one year (December 17, 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.
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
c: Kim Tu, Property Owner