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 91116-6021
(626) 574-5415
(626) 447-3309 Fax
www.ArcadiaCA.gov
April 7, 2025 Via Email & Mail
Allan Gumarang
500 Santa Rosa Road
Arcadia, CA 91007
Subject: Zoning Clearance - Accessory Dwelling Unit No. ZCL-ADU 25-05
and Healthy Protected Tree Permit No. TRH 25-02
Project Address: 500 Santa Rosa Rd
Dear Applicant:
The Development Services Department has conditionally approved your
Zoning Clearance – Accessory Dwelling Unit (ADU) application for a new
detached 1,000 square foot ADU at 500 Santa Rosa Road, and the removal
of a healthy protected Coastal Live Oak tree from the rear yard to
accommodate construction of the ADU, subject to the following conditions:
1. The project shall be developed and maintained by the Property
Owner/Applicant in a manner that is consistent with the plans
submitted and conditionally approved for Zoning Clearance –
Accessory Dwelling Unit No. ZCL-ADU 25-05 and Healthy Protected
Tree Permit No. TRH 25-02, subject to the satisfaction of the Deputy
Development Services Director or designee.
2. All materials and finishes shall match the approved primary dwelling.
3. Any exterior lighting must be limited to downlights to prevent glare
on to adjacent streets or properties.
4. Each protected tree that is removed subject to this approval shall be
replaced with two (2) new 24-inch box trees in accordance with the
City’s Protected Tree Ordinance. One (1) replacement tree shall be
a Coastal Live Oak while the other replacement tree shall be a
species not on the City’s unprotected tree list. The locations and
species of the second replacement tree will be determined by a
Certified Arborist. A follow-up report by a Certified Arborist shall be
submitted to the City’s Planning Division verifying installation of said
replacement trees prior to certificate of occupancy.
5. 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 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 officials and
employees.
6. To the maximum extent permitted by law, the 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 prop erty 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 ZCL -
ADU 25-05 and TRH 25-02 (“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 promptly notify the Applicant of the claim, action,
or proceedings and will fully cooperate in the defense of the matter. Once notifie d,
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 that the Applicant reasonably approves. The parties hereby a gree to
cooperate in defending such action. The City will not voluntarily assist in any such
third-party challenge(s) or take any position adverse to the Applicant in connection
with 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 Develo pment Division
along with a $728.00 appeal fee by 5:30 p.m. on April 17, 2025. You will be notified if an
appeal is filed.
Approval of ZCL-ADU 25-05 and TRH 25-02 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 May 7, 2025, this approval will become null and void.
This design approval shall expire in one year (April 18, 2026) 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 Deputy 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 the above approval, please contact me at
(626) 574-5442 or at fgraham@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Fiona Graham
Planning Services Manager
Enclosure