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 12, 2025
Eric Tsang
Eric Tsang Architects Inc.
440 E. Huntington Drive, Suite 323
Arcadia, CA 91006
Subject: Single-Family Architectural Design Review No. SFADR 24-13,
Zoning Clearance – Accessory Dwelling Unit No. ZCLR-ADU 25-
02, Minor Use Permit No. MUP 25-01, and Lot Line Adjustment No.
LLA 25-01
Project Address: 1131 S. 10th Avenue (APN: 5780-020-051 & 5780-020-050)
Dear Mr. Tsang:
The public comment period for the Notice of Pending Decision for the subject
project ended on June 5, 2025. Staff received one comment from a neighbor during
the notification period regarding concerns with the lighting and noise from the
proposed sports court for the proposed project. Conditions of approval have been
added to address those concerns. After careful review, staff has determined that
the design of the new single-family residence is consistent with the Single-Family
Design Guidelines and in compliance with the development standards of the
Development Code. Therefore, the Development Services Department has
conditionally approved Single-Family Architectural Design Review No. SFADR
24-13, Zoning Clearance – Accessory Dwelling Unit No. ZCLR-ADU 25-02, Minor
Use Permit No. MUP 25-01, and Lot Line Adjustment No. LLA 25-01 for a new
4,879 square-foot, two-story, Contemporary-style home with an attached 650
square foot three-car garage, a detached 1,234 square-foot pool house, a
permitted by-right detached 1,000 square foot ADU, a sports court with lighting,
and a lot line adjustment to merge the two existing lots that make up the project
location into one lot (APN: 5780-020-051 & 5780-020-050) at 1131 S. 10th Avenue,
subject to the conditions of approval listed below.
Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may be
approved if all of the following findings can be made:
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan, and that the
use proposed is allowed within the applicable zone and complies with all
other applicable provisions of the Development Code and Municipal Code.
2. That the design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land uses
in the vicinity.
3. That the site is physically suitable in terms of its design, location, shape,
size, and operating characteristics of the proposed use in order to
accommodate the use, and all fences, landscaping, loading, parking
spaces, walls, yards, and other features required to adjust the use with the
land and uses in the neighborhood; streets and highways are adequate in
width and pavement type to accommodate public an emergency vehicle
(e.g., fire and medical) access; public protection, and provisions of utilities.
4. That the type, density, and intensity of use proposed will not adversely affect the public
convenience, health, interest, safety, or general welfare, constitute a nuisance, or be
materially injurious to the improvements, persons, property, or uses in the v icinity and
zone in which the property is located.
Based on the information available, the approved project, as conditioned, satisfies all the required
findings necessary to grant a Minor Use Permit (refer to Attachment 1).
The proposed project qualifies as a Class 3 Categorical Exemption as a new construction of a
single-family dwelling and accessory dwelling unit from the requirements of the California
Environmental Quality Act (CEQA) under Section 15303 of the CEQA Guidelines.
It was also determined that the proposed Lot Line Adjustment complies with all of the required
findings per Development Code Section 9105.07.030.C.
Conditions of Approval
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 Single-
Family Architectural Design Review No. SFADR 24-13, Zoning Clearance – Accessory
Dwelling Unit No. ZCLR-ADU 25-02, Minor Use Permit No. MUP 25-01, and Lot Line
Adjustment No. LLA 25-01, subject to the satisfaction of the Deputy Development Services
Director or designee.
2. The sports court lights shall not be turned on or left on between the hours of 11:00 PM
and 6:00 AM, Sunday through Thursday, and between 12:00 AM and 6:00 AM, Friday and
Saturday.
3. The Property Owner/Applicant shall execute an Exterior Lighting Agreement agreeing to
all of the court lighting standards as listed in Section 9104.02.330.C.5 of the Development
Code including but not limited to ensuring light poles do not exceed 20 feet in height,
having lights be horizontally mounted and not reflect light onto any adjacent property, and
not create a lighting intensity of more than one foot-candle above the ambient
neighborhood lighting.
4. The use of the sports court shall be limited to a half basketball court, as indicated on the
plans. Any permanent change to this sports court, such as any conversion to a tennis or
pickleball court will be required to be resubmitted and reviewed by the Deputy
Development Services Director or designee.
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. A Certificate of Compliance will need to be filed with the City with an amended deed of
trust reflecting the newly configured parcels to finalize the Lot Line Adjustment. The
property description or descriptions on the Certificate shall describe the reconfigured
parcel or parcels which will be recognized by the City as legal lots. This approval shall
expire within one year from the date of this approval if the required deeds and documents
are not filed with the City. In the event the Certificate of Compliance or any deed, or other
document required for the finalization of the approved lot line adjustment is not submitted
to the L.A. County Recorder for recordation within one (1) year following the effective date
of the approval, this approval shall become void and no further action shall be taken.
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 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.
8. 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 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 24-13, ZCLR-ADU 25-02, MUP 25-01, and LLA 25-01 (“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, June 23, 2025. You will be notified if an appeal is filed.
Approval of SFADR 24-13, ZCLR-ADU 25-02, MUP 25-01, and LLA 25-01 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 14, 2025, this approval will become null and void.
This approval shall expire in one year (June 24, 2026) from the effective date unless a Certificate
of Compliance is recorded with the Los Angeles County Recorder, 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 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
Senior Planner
Attachments:
Minor Use Permit – Findings for Approval
Acceptance Form
Sport Court Lighting Agreement
Attachment 1:
Required Findings for Approval of a Minor Use Permit Pursuant to Development
Code Section 9107.09.050
FINDINGS YES NO
1. That the granting of such Minor Use Permit is consistent with the
comprehensive General Plan and any applicable specific plan; and that
subject to the granting of a Minor Use Permit, the use proposed is allowed
within the applicable zone and complies with all other applicable
provisions of the Development Code and Municipal Code
The proposed sports court is consistent with the Low Density Residential
General Plan land use designation, which permits the use of private sports
courts and similar facilities to allow for recreational activity in accessory to
a primary residential use. The sports court will not adversely affect the
comprehensive General Plan or any applicable specific plan. The zoning
of the site is Low Density Residential (R-1) and the Arcadia Development
Code Section 9102.01.020 and 9104.02.330 allows sports courts with
lighting in the R-1 Zone subject to approval of a Minor Use Permit. The
proposed sports court will be in compliance with all applicable provisions
of the Development and Municipal Code.
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2. That the design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land uses
in the vicinity.
The proposed sports court will be located at the rear of the residential
property and will be compatible with surrounding residential properties
which also contain similar sports courts in the rear yard areas. In addition,
landscape screening will be provided along the property lines and lighting
will be contained on site. The Property Owner/Applicant will be required
to sign a Sports Court Lighting Agreement pursuant to the provisions of
the Development Code, which will outline the appropriate operations of
the Sports Court and its associated lighting.
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3. That the site is physically suitable in terms of its design, location, shape,
size, and operating characteristics of the proposed use in order to
accommodate the use, and all fences, landscaping, loading, parking
spaces, walls, yards, and other features required to adjust the use with
the land and uses in the neighborhood; streets and highways are
adequate in width and pavement type to accommodate public and
emergency vehicle (e.g., fire and police protection) access; public
protection, and provisions of utilities.
The existing property is a large residential lot that is physically suitable for
accommodating the proposed sports court as an accessory use to the
primary residence. The sports court will meet the requirements for fencing
and lighting and will meet the required rear and side yard setbacks. The
residential property will also be able to provide emergency service access
to the sports court. Therefore, no impacts are anticipated from the
proposed use.
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4. That the type, density, and intensity of use proposed will not adversely
affect the public convenience, health, interest, safety, or general welfare,
constitute a nuisance, or be materially injurious to the improvements,
persons, property, or uses in the vicinity and zone in which the property is
located.
The proposed sports court will not adversely affect the surrounding
properties as lighting for the court is to be contained on site and the
property is proposed to have landscaped screening to provide additional
privacy to the neighbors. The sports court will serve as an accessory use
to the residential property and will provide a recreational opportunity to its
residents. Therefore, the proposed sports court will not impact the public
convenience, health, interest, safety, or general welfare, will not constitute
a nuisance, or be materially injurious to the community or the residential
property on which it is located.
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