HomeMy WebLinkAboutDecision Letter
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
September 29, 2025 Delivered via email and EDGE
Eric Tsang
440 E. Huntington Dr.
Arcadia, CA. 91006
Subject: Single-Family Design Review No. SFADR 25-05 and Accessory Dwelling Unit Permit
No. ADU 25-18
Project Address: 309 E Lemon Ave.
Dear Applicant:
The public comment period of the Notice of Pending Decision ended on September 26,
2025. Staff received no comments during the notification period. The Development Services
Department has reviewed your application and has confirmed compliance with City Zoning
standards and design guidelines to build a new two-story 3,898 square foot primary
dwelling with a 95 square foot porch, a 461 square foot garage and an attached 640-square
foot Accessory Dwelling Unit (ADU). Therefore, the Development Services Department has
conditionally approved the single-family design review project, at 309 E Lemon Ave,
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 25-05 and ADU Permit No. 25-18.
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 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.
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
3. All work located in the public right-of-way and outside of the property lines shall be
subject to review and applicable permits by the Engineering and/or Public Works Services
Departments.
4. 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 25-05 and ADU Permit No. 25-18 (“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. 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 Thursday, October 9, 2025. You will be notified if an appeal
is filed.
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
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
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 t he
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 Thursday, October 9, 2025. You will be
notified if an appeal is filed.
Approval of SFADR 25-05 and ADU No. 25-18 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 October 29, 2025, this approval will become null and void.
This design approval shall expire in one year (October 9, 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 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 -5447
or by email at mchipres@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
Melissa Chipres
Senior Planner
Cc: SHUSTER,INGEBORG TR INGEBORG A SHUSTER TRUST, Property Owner