HomeMy WebLinkAboutConditional Approval Letter
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
March 10, 2026 Via EDGE & Email
Philip Chan
PDS Studio Inc.
711 S. First Avenue
Arcadia, CA 91006
Subject: Single-Family Architectural Design Review No. SFADR 25-17 and
Protected Tree Encroachment Permit No. TRE 26-02
Project Address: 134 W. Lemon Avenue
Dear Applicant:
The public comment period for the Notice of Pending Decision ended on March 5, 2026. Staff
did not receive any comments during the comment period. After careful review and
consideration, the Development Services Department has conditionally approved the
plans for Single-Family Architectural Design Review No. SFADR 25-17 and Protected Tree
Encroachment Permit No. TRE 26-02 for a new 5,799 square-foot, two-story, Modern Farm-
house-style residence with an attached 1,049-square-foot three-car garage. The residence
also includes high-ceiling areas totaling 396 square feet and covered patios. The proposed
project will encroach within the protected zone of one (1) protected Canary Island Pine tree
located on the subject site for which a Tree Encroachment Permit has been approved and
protection measures provided in the Arborist Report dated September 1, 2025.
The proposed project qualifles for a Categorical Exemption per Section 15301 from the
California Environmental Quality Act (CEQA) for an addition to an existing structure and the
project complies with all the Development Standards including setbacks, lot coverage,
height, and fioor area limits. The project also meets City’s Single-Family Residential Design
Guidelines.
The approvals of SFADR 25-17 and TRE 26-02 are 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
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Single-Story Architectural Design Review No. SFADR 25-17 and TRE 26-02, subject to the
satisfaction of the Development Services Director or designee.
2. Prior to demolition of existing structures and during all phases of development activity
all existing protected trees on site shall be fenced and protected in place per the
recommendation provided in the Arborist Report dated September 1, 2025.
3. Prior to flnal inspection/Certiflcate of Occupancy issuance an arborist report must be
submitted to provide evaluation of all protected trees on site.
4. Removal and/or installation of fences and walls along shared property lines shall require
adjacent property owner approval.
5. City Engineer’s approval shall be required if stamped and/or colored concrete will be
proposed within the City’s right-of-way.
6. Prior to occupancy, the Property Owner/Applicant shall perform the following off-site
improvements:
• Remove and replace a new driveway approach per City Standard 801-1.
• Remove and replace curb and gutter with 2-foot slot cut, extending from property
line to property line.
7. Prior to occupancy, the Property Owner/Applicant shall repair any damage caused by
the development to the street frontages from property line to property line including
but not limited to trench cuts and construction traffic, per the direction of the City
Engineer. If the street is under the City’s pavement moratorium list, the repair may
extend from curb to curb, per the direction of the City Engineer.
8. All dry utilities shall be undergrounded and there shall be no private conduits or
structures located in the public alley without the approval of the City Engineer.
9. As part of the new development, existing overhead electrical service must be removed
and replaced with underground electrical services. Electrical transformers, if needed,
are to be installed on private property, outside of any public right-of-way.
10. Removal and replacement of any tree located on the City property shall be subject to
review and approval from the Public Works Services Department.
11. The Property Owner/Applicant shall comply with all City requirements regarding
building safety, flre 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
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System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public
Works Services Director and Development Services Director. 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.
12. To the maximum extent permitted by law, the Property Owner/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 25-17 and TRE 26-02 (“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, speciflcations, 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 Property Owner/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
Property Owner/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, the
Property Owner/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 flnal, 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.
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There is a ten (10) day appeal period for this application. To flle an appeal, a completed
Appeal Application form must be submitted to the Community Development Division along
with a $772.00 appeal fee by 5:30 p.m. on March 23, 2026. You will only be notifled if an
appeal is flled.
Approval of SFADR 25-17 and TRE 26-02 shall not be of effect unless the Property Owner and
Applicant have executed and flled 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 April 9, 2026, this approval will become null and void.
This approval shall expire in one year (March 24, 2027) from the effective date unless a
building permit is issued and the construction is diligently pursued, a certiflcate of occupancy
has been issued, or the approval is renewed.
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 flndings 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.
For questions, please contact me at (626) 574-5422 or by email at gyesayan@arcadiaca.gov
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Gary Yesayan
Associate Planner
Enclosure: Acceptance Form
cc: Kiam Meng Toh and Monica H. Yang, Property Owners