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HomeMy WebLinkAbout6460 RESOLUTION NO. 6460 A RESOLUTION OF THE CrTY COUNCIL OF THE CITY OF ARCADIA, CALIFORNrA, APPROVING CONDITIONAL USE PERMIT NO. 04-014 & ADR 03-040 TO CONSTRUCT A 78-UNIT SENrOR CONDOMINIUM PROJECT AT 161 COLORADO PLACE WHEREAS, on September 20, 2004, a conditional use permit application was filed by Michael Sun of JWDA Architects to construct a 78-unit senior condominium project (Development Services Department Case Nos. CUP 04-014 & ADR 03-040) at property commonly known as 161 Colorado Place; and WHEREAS, on November 9, 2004, a public hearing was held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on November 23, 2004, the Planning Commission voted 4 to 0 with one member absent to adopt Planning Commission Resolution 1715 approving CUP 04-014 & ADR 03-040; and WHEREAS, on November 25, 2004, Planning Commission Resolution 1715 was appealed to the City Council; and WHEREAS, a duly noticed public hearing was held before the City Council on January 18, 2005, at which time all interested persons were given fu)) opportunity to be heard and to present evidence; and -1- 6460 WHEREAS, on January 18, 2005, the City Council adopted a Negative Declaration concurrently with the approval of CUP 04-014 & ADR 03-040. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Council finds: I. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the initial sludy did not disclose any substantial adverse effects to the area affected by the proposed project. 2, That senior housing at the location indicated is a proper one for which a Conditional Use Permit is authorized based on specific conditions of approval relating to age restriction to age restriction, landscaping, and design, 3. That the site for the proposed senior housing is adequate in size and shape to accommodate said use based on the layout and site design of the subject project. All yards, spaces, walls, fences, loading, landscaping and other features as specifically conditioned are adequate to accommodate senior housing with the land and uses in the neighborhood. -2- 6460 4, That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use, based on specific conditions of approval regarding circulation and traffic, especially during construction. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the proposed project as conditioned is consistent with the zoning General Plan designation of the project site. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTrON 3. That for the foregoing reasons this Council grants Conditional Use Permit No. CUP 04-014 & ADR 03-040, to construct a 78-unit senior con~ominium project at 161 Colorado Place, upon the following conditions: 1. That a modification is granted for a 20 to 25-foot setback adjacent to Colorado Place in lieu of the 35-foot special setback required (Sec. 9320.11.2). 2. AlI perimeter walls, garden walls and patio separations shall match the buildings and be built of colored decorative block (i,e., split face, slump stone, etc,) or finished with slucco, subject to the approval of the Community Development Administrator. -3- 6460 3. Detailed landscaping and irrigation plans shall be provided subject to the review and approval ofthe Community Development Administrator. 4. That 36" box (or larger) trees shall be installed between the proposed building and the residential properties to the east. Such trees are intended to provide adequate vertical screening between the subject project and the residential properties to the east. The exact number and species of trees to be planted shall be determined by the City's consulting landscape architect as part of the review of the required landscaping and irrigation plans. The consultant shall "tag" the specific trees at a chosen nursery or tree farm to ensure such trees are adequate specimens. 5. The project plans shall be reviewed and approved to the satisfaction of the Police Department to ensure that security fealures are incorporated into the project prior to issuance of building permits. 6. All on site signage shall be m compliance with the City's sign ordinance (AMC Sec. 9262.4 to Sec. 9262.4.20). All proposed signage shall be reviewed and approved by Planning Services and shall require appropriate permits from Building Services. 7. "Guest Parking Only" signs with letters not less than two inches in height shall be properly located to designate guest parking spaces, 8. That a regulatory agreement (covenant) in a form and content approved by the City Attorney, sha)) be recorded with the Los Angeles County Recorder's -4- 6460 office prior to the issuance of building permits. The regulatory agreement ensures that the occupant of each unit shall be no less than 55 years of age and that any other resident shall be either a qualified permanent resident or a permitted health care resident. Qualified permanent residents are listed as a spouse, cohabitant, or other person providing primary physical or economic support to the senior citizen, a person 45 years of age or older, or a disabled person residing with the senior citizen who is a child or grandchild of the senior citizen, as set forth by California Civil Code section 5 I .2 and 5 I .3. 9. That after the issuance of a building permit a Rough Grading Certificate shall be required prior to the placing of any concrete on the site; and a Final Grading Certificate shall be required prior to the final building inspection. Said certificates will certify that all grading operations have been completed in substantial compliance with the final grading plan approved by the City Engineer, and shall be filed with, and approved by, the Community Development Administrator. 10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, -5- 6460 or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. II. Prior to the approval of any demolition, grading, or building construction plans, the applicant shall provide the Development Services Department with a construction access plan to identify the route of trucks entering and exiting the site and shall include the haul route to proposed disposal areas. The plan shall also include proposed traffic control at the access points for safe entrance and exit. Trucks shall use only the approved truck routes established by the Development Services Department and no truck access will be allowed in the surrounding residential neighborhoods. The construction access plan is subject to the review and approval by the Community Development Administrator. 12. Noncompliance with the plans, provisions and conditions of approval for CUP 04-014 & ADR 03-040 shall be grounds for immediate suspension and/or revocation of any approvals. -6- 6460 13, Approval of CUP 04-014 & ADR 03-040 shaH not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Section 4. The City'Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 151 day of February, 2005, +f?, }ith1~~J Mayor of the City of Arcadia ATTEST: c:;z ':0 ;Jf<,~ City Clerk of the City of Arcadia APPROVED AS TO FORM: ~P.~ Stephen Deitsch City Attorney -7- 6460 STATE OF CALIFORNrA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6460 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 1st day of February, 2005 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None ity Clerk of the City of Arcadia 8 6460