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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
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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.
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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.
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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
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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,
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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.
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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
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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
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