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HomeMy WebLinkAbout4869 v RESOLUTION NO. 4869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADiA UPHOLDING THE DECISION OF THE PLANNING COMMISSION ON APPEAL AND DENYING C,U.P, 79-15 AND MODIFICATION TO CONSTRUCT A 47-UNIT CONDO- MINIUM AT 509-523 WEST DUARTE ROAD, WHEREAS, on September 18, 1979 an application was filed by Sam J, Falzone, owner in escrow, pursuant to the cooperative multiple dwelling interim moratorium Ordinance No. 1685, to construct a 47-unit condominium, Planning Department Case No. C,U,P, 79-15, on the property commonly known as 509, 515"and 523 West Duarte Road, more particularly described in attached Exhibit "A", and hereinafter referred to as "subject property"; WHEREAS, on October 9, 1979 the Planning Commission, after a duly noticed public hearing at which all interested persons were allowed to be heard and present evidence, denied C,U.P. 79-15 and the requested modifications, and on October 23, 1979 adopted Resolution No. 1117 finding that under the Cooperative Multiple Dwelling Moratorium Ordinance No. 1685, that there is a likelihood that the proposed condominium will conflict with the proposed land use regulations which are being studied during the interim mora- torium, and that the proposed condominium is too intense for the subject site; WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council at which time applicant amended his application pursuant to his letter dated October 11, 1979, attached hereto as Exhibit I'B"; WHEREAS, the City Council referred aforesaid amended application to the Planning Commission for a recommendation and by a 6 to 0 vote the Planning Commission recommended denial of the amended application noting that although the revised plans deleted two of the 45 units, that the parking ratio and private parking space had not been - 1 - 4869 increased, that the driveway width remained inadequate, that vehicular access to units lb and 29b would be difficult, that there were no amenities offered in the common open spaces, and that the private open space was insufficient; . WHEREAS, on November 20, 1979, after receipt of the recom- mendation of denial of the amended application by the Planning Commission, the City Council held a duly noticed public hearing at which time all interested persons were allowed to be heard and present evidence; NOW, THEREFORE, the City Council of the City of Arcadia does hereby resolve, find and determine as follows: SECTION 1. That we hereby find that the facts contained in that portion of the October 9, 1979 Staff Report attached hereto as Exhibit "C" are true and correct, and by this reference Exhibit "c" is hereby incorporated herein. SECTION 2. We hereby find that the facts contained in the November 13, 1979 Staff Report attached hereto as Exhibit "D" are true and correct, and by this reference Exhibit "D" is hereby in- corporated herein. SECTION 3. We hereby make the following additional findings of fact based on those contained in Sections 1 and 2 hereof as follows: a. Pursuant to the cooperative multiple dwellin~ interim mora- torium Ordinance No, 1685, we hereby find: (1) the establishment and maintenance of the cooperative multiple dwelling proposed to be constructed as applied for does not conform with the comprehensive planning and land use regulations being studied and will conflict with those plans or regulations; (2) the proposed cooperative multiple dwelling proposed to be constructed will be detrimental to standards, population density and distribution which the Planning Department has under study or intends to study within a reasonable time; - 2 - 4869 (3) adequate access roads and other necessary facilities will not be provided; (4) the proposed cooperative multiple dwelling proposed to be constructed will therefore be detrimental or injurious to property and improvements in the neighborhood; and b. That the site for the proposed use is not adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, and other features required to adjust said use with the land uses in the neighborhood; and c. That the proposed project does not confo~m to the require- ments of the City of Arcadia Zoning Ordinance. d. That the modifications requested will not secure an appro- priate improvement for subject property, nor prevent unreasonable hardship, nor promote uniformity of development. SECTION 4. That we hereby uphold the decision of the Planning Commission on appeal and deny the application and amended application for C.D.P. 79-15 and the modifications requested. SECTION 5. That the Clerk of the Council shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 4th day 'of Dec'einbe'r', 1979 ,by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen' Gi1b, Parry, Pellegrino 'and Marget't NOES: Non'e ABSENT: Courici1man Sa~l~d tk City Clerk of the City of Arcadia SIGNED AND APPROVED this 4th day of November, 1979. City Clerk 4869 - 3 - @ 0 1'.$.1' r.. , 0 '" ypc,ANT " '" p.-'J ~, 0 ~ ~ (::.. ~ (S3") '12.(,0 ,.."." I~S.J' (5",") ,"S.I&' 'l'~. ,.. 1$1.04 ,. (5) "fit.,. ~~ ';ll,l.(, ,;,q " .. o , C r.; 1 ",..01 0 ~ ~ = '- Z 1":'0'-: 'Ii. ":~ W 0 ";'~ CI 0 ~ = . .. '-- . ~ ,,7.51 <t ,", @ 8-'3 U ~ -< @ - .' 8,-3 .-1 .' , 50:1) ..:.' , ;"~I <35 ~ ~(;.." ,. 'c'l ) , -- ( :"') :531 ) ~,~' I RD ). ,.. ..,7 oUAR1[. l,e&' \1 , .&8) , 111.03 -;"",.3() :'51') ,,,,,/" (;~,,) , @ ~/ (.50, \<. '3 '~/ C -0 O-lU(<C rl eD CHI1/Si/f;l.)p.t. VIlli '" '" EPUCf<1'IO,LJ III V a'LJ I /.. D 1/oJ Ii < :l - ~ < - u... .. .., .; , Illy" C . ~ go 0 . < " , '" " CUP79f5 LAND USE ~ ZONING 1"= 100' .6 SCALE NORTH EXHIBIT "A" R=:CS!\/t::D ~ I'~ J ,] i/ AJ' " ' , , jd e, ~ ,0U+: t?,~ (Lt a..f ralzone development OCT 1! 1979 CITY OF ARCJ..::.IlA C:~'i"';" c:. ~.~~ 351 ~Asr rOOH,.II..L BOUU:VAR':) ARCAOIA CALIr-ORNI.... 91006 2:3 3!' -l,e October 11, 1979 Clty Council City of ,h.rcadia 240 West Huntington Drive ~~cadia, California 91006 ~entleme:1: In a meeting of the Planning Commission on October 9, 1979 a ~equest for a 47 unit condomini~~ at 509-523 West Duarte Road was denied, The subject condominium meets al'l of the requirements of the present R-3 Code and we believe it would be a definite improvement for the area in which it is to be built. It 1S respectfully requested that the City Council at its' meeting of October 16, 1979, set a date for hearing an . appeal of the denial, If it is at all possible at the time or the hearing of denial, it would be appreciated if we could receive an approval of the project with conditions, even if it required the deletion of 1, 2, or 3 of the units i:1 order to create the additional open space requested by the Planning Commission. Since time is of the essence, we would request that the hearing date be set as soon as possible. It is our understanding, after discussions with the Planning Department, our project at present would meet the requirements of the change,S being propoi>ed for the R- 3 Code, Very truly yours, Sam J. Falzone' President SJF: It - 1 - [,. l'f\:.... "B" 'Xi'i:Dll :$ I " :, I ft ~ I, ) H , i :'1 1'1 II. I ~I \1 -~ r. r " . ,t, . ~ .~ ~~~., - 2 - .' ~~.~..;~ ~:.:':"~\. ":~,~,,,".,,::' '} .. .",';'-", ". .l.:.,o6"........ - ',,"I>' '.A,' "< ',r' ~,' ,,:-,~;, ;, ~",:( , ;, , \ j .. . . . J OCTOBER 9, ,979 TO ARCADIA CITY PLANNING COMMISSION FROM ARCADIA CITY PLANNING DEPART~ENT CASE NO C l,P 79-15 PREP ~RED BY DO!\~ A L BUTLE R ASSOCIATE PLANNER GE.NERAL INFORMATION APPLIfANT SAM J, FALZONE ADDRESS 509-523 WEST DUARTE ROAD Rh./l EST CO~DITrONAL liSE PERMIT AND \,IODIFICATIONS TO rO"<STRliCT A 47 UNIT CONDmll'\Il'~,l, EXISTING LAND THL SITE CONSISTS OF TWO LOTS, ONE DEVELOPED WITH USE &: ZONING A 28 UNIT APART~iE?\T AND THE SECOND DEVELOPED IOTE A, SINGLE FAMILY DWELLING ZONED R-3 AREA FRONTAGE 98.793 270 96 207 90 sq ft (2,27 Acres) feet on Duarte Road feet on Arcadia Avenue SURROUNDING LAND USE &: ZONING NORTH DEVELOPED WITH MIXED RESIDENTIAL USES' ZONED R-3 DEVELOPED WITH A CHURCH AND CHRISTIAN EDUCATIONAL BUILDING, ZONED R-3 DEVELOPED WITH MIXED RESIDENTIAL USES, ZONED R-3 DEVELOPED WITH A 44 UNIT CONOOMINIU~!. ZONED R- 3 sorTH EAST WEST GENERAL AREA IS DESIGKATED FOR MULTIPLE-FA~lILY RESIDENTIAL PLAN 7+ duiac MODIFICATIONS REQUESTED THE FOLLOWING MODIFICATIOl\S ARE REQUESTED: 1, Approximately 35 foot high buildings in lieu of 30 feet allowed by Code, 2 4 foot high walls located in the special set- back along Duarte Road EXHiBIT "e" , ')' .L " , HISTORY The 28 unit apartment complex at 515-523 West Duarte Road was constructed in 1966. On March 6 1979, the City Council approved Tract 35228 for the 'nnversion of the 28 aoartments to condominlums and the construction "f six new condominium' units on the property ,at 509 West Duarte Rd, ,a total of 34 units) A condition of approval was that "the prnJect complies with all current building codes and zoning regula~ lions.' . Upon investigation by the applicant of the conversi6n, it was determined that the building could not comply with the Buildin~ (ode requirements SPECIAL INFORMATION The applicant is proposing to construct a 47 unit condominium with Ihp following characteristics BUlldlng The applicant is requesting a modification to allow thirty-five fOnt hlgh buildings, measured from the garage level The units will have a building height of thirty feet measured at grade, The modifica- tlnn is required because the firsi floor exceeds two feet above the hlghest ,curb elevation The building will be stucco with wood trim and a medium shake pitched roof, There will ~e twenty-eight two-bedroom units ranging in size from 1,496 square feet to 1,565 square feet, and nineteen three bedroom units with 1,629 square feet, Parking Each unit has an attached two car garage, Eleven guest parking spaces are provided on the site (2,23 per unit), The four guest parking spaces located parallel to the easterly drive should be paved in a different type of material to better delineate the spaces. Access to the parking will be from two driveways nue There will be no access from Duarte Road, break up the length of the driveway, sections of be paved with stamped concrete or brick. The driveway will ramp dOlm from Arcadia Avenue. This ramp 99mp!~~~ with the new driveway standards which have been aporoved by the ' City Council, However, a variance to the existing driveway ramp requirements will be required, off of Arcadia Ave- In order to visually the driveway should Open Space Each unit will have a minimum of 200 square feet of private outdoor space, with a minimum depth of ten feet, These patios will be en- closed with a six foot high wood fence, In Vnits AI, B, and D, the entrance is incorporated into this 200 square feet of privatf space. 'I On Unit A there is a 72 square foot deck off the dining room. There is no common recreational area. Additional Information A six foot ,high wood fence will be located along the easterly and westerly property lines, A four foot high slumpstone wall will be located in the setback along Duarte Road to screen the driveways from Duarte Road. Walkways to each of the buildings will extend from Duarte Road through to A~cadia Avenue The trash areas are located between Buildings land 2 and between Buildings 5 and 6, These areas are located adjacent to open park- ing spaces, Access to these bins would be difficult, If not impossible. if cars are parked in these spaces, The trash areas should be'more cnnven1- ently located, to the units in Buildings 3, 4 and 8, The Be'st Dis- posal Company' has advised that although four trash bins may be satisfactory. five bins would be more appropriate for a 47 unit complex. ' -3-