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
June 11, 2021
Hillary Fazekas
557 N. Kings Rd. #4
West Hollywood, CA 90048
Subject: Zoning Clearance – Accessory Dwelling Unit No. ZCL-ADU 21-01
& Healthy Tree Removal Application No. TRH 21-04
Project Address: 905 Magnis Street
Dear Ms. Fazekas:
The Development Services Department has conditionally approved the
Accessory Dwelling Unit project dated May 5, 2021, for a new detached
1,000 square foot detached Accessory Dwelling Unit with an attached 234
square foot one-car garage, and a 210 square foot storage room at 905
Magnis Street, 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
submitted and conditionally approved for Zoning Clearance –
Accessory Dwelling Unit No. ZCL-ADU 21-01 & Healthy Tree
Removal Application No. TRH 21-04, subject to the approval of the
Planning & Community Development Administrator or designee.
2. All materials and finishes, including window trim, shall match the
existing home.
3. Landscaping around the detached Accessory Dwelling Unit (ADU)
must be drought-tolerant or low water-using plants that utilize a
variety of drought tolerant resistant grasses, turf substitutes, or
ground covers that maintain a living, continuous planting area, and
provide screening between the ADU and adjacent parcels. All
landscaping utilized must be taken from the city's approved planting
materials listed in the City's Single-Family Design Guidelines.
4. Windows shall be recessed a minimum of two inches. The plans
submitted for Building plan check shall include a detail.
5. A covenant shall be recorded with the Los Angeles County Recorder
for the accessory dwelling unit prior to a Certificate of Occupancy
being issued by the Building Division.
6. Two 24” box Engelmann Oak trees shall be planted as replacement
trees for the removal of one protected Coast Live oak tree. The
location shall be determined by a Certified Arborist, and shall be
shown on the landscape plan submitted to Building Services for plan
check.
7. 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 officials and
employees.
8. To the maximum extent permitted by law, Applicant must defend, indemnify, and
hold 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 Zoning Clearance – Accessory
Dwelling Unit No. ZCL-ADU 21-01 & Healthy Tree Removal Application No. TRH
21-04 ("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 notified,
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, Applicant shall provide to 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. 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.
City shall only refund to 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 agree 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, whether
or not at the request of the Applicant.
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 $600.00 appeal fee by 5:30 p.m. on Monday, June 28, 2021. You will be notified if
an appeal is filed.
Approval of Zoning Clearance – Accessory Dwelling Unit No. ZCL-ADU 21-01 & Healthy
Tree Removal Application No. TRH 21-04 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 July 16, 2021, this approval will become null and void.
This design approval shall expire in one year (June 29, 2022) 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 ltorrico@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Luis Torrico
Senior Planner
Enclosed
c: Soel Myrrold, Property Owner