HomeMy WebLinkAbout6991RESOLUTION NO. 6991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL
OF TENTATIVE PARCEL MAP APPLICATION NO. TPM 11 -02 (71182),
AND RESIDENTIAL MOUNTAINOUS DEVELOPMENT PERMIT
APPLICATION NO. RM 11 -01, AND REJECTING THE CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED
SUBDIVISION AND GRADING OF A 90.25 -ACRE UNDEVELOPED
PROPERTY FOR TWO (2) PARCELS TO EACH BE DEVELOPED WITH
A SINGLE - FAMILY RESIDENCE AT 2111 -2125 CANYON ROAD
WHEREAS, on January 24, 2011, Residential Mountainous Development Permit
Application No. RM 11 -01 was submitted by Ms. Wendy Wu to grade approximately four
(4) acres of a 90.25 -acre undeveloped property for two (2) residential building sites and
a tennis court at 2111 -2125 Canyon Road; and
WHEREAS, on April 12, 2011, Tentative Parcel Map Application No. TPM 11 -02
(71182) was filed by Mr. Hank Jong to subdivide a 90.25 -acre undeveloped property for
two (2) parcels to each be developed with a single - family residence at 2111 -2125
Canyon Road; and
WHEREAS, an Initial Study was conducted per the California Environmental
Quality Act (CEQA) that identified potentially significant impacts to the environment; and
WHEREAS, a draft Environmental Impact Report (DEIR) was prepared pursuant
to CEQA Guidelines; and
WHEREAS, the DEIR was filed with the State Clearinghouse for review by
responsible agencies from March 15, 2013 to April 29, 2013; and
WHEREAS, the DEIR was circulated locally for public review for a period of 45
days from March 18, 2013 to May 2, 2013; and
WHEREAS, a public hearing was held by the Planning Commission on June 25,
2013 at which time all interested persons were given full opportunity to be heard and to
present evidence, after which the Planning Commission voted to deny the applications,
and rejected certification of the final Environmental Impact Report (FEIR), and on July 9,
2013, the Planning Commission adopted Resolution No. 1877 to formalize the denial of
the applications and non - certification of the FEIR; and
WHEREAS, on July 10, 2013, within the prescribed five - working -day appeal
period, Mr. Ta -Jen (Jeff) Lee, President of Nevis Capital LLC, submitted an appeal to
the City Council of the Planning Commission denials; and
WHEREAS, on August 20, 2013, a public hearing was held before the City
Council on said appeal of the applications, at which time all interested persons were
given full opportunity to be heard and to present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated August 20, 2013 are true and correct.
SECTION 2. That this City Council finds that the proposed grading and design
of the lots and driveway subject to the Residential Mountainous Development Permit
would:
1. Cause excessive or unnecessary scarring of the natural terrain and
landscape through grading or removal of vegetation, because the proposed project
involves 28,707 cubic yards of cut and an equal amount of fill, the removal of 45 healthy
oak trees, and the modification of the landscaping of a 30 to 100 foot wide buffer zone
around each building pad.
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2. Cause unnecessary alteration of a ridge or crest line, because the proposed
building pads will involve 20 to 30 feet of cut in some areas, and up to 50 feet of fill that
will be deposited in a ravine on the west side of the property to balance the cut.
3. Unnecessarily affect the view from neighboring sites, because the proposed
building pads, at approximately 90 feet and 140 feet above the street level, will be highly
visible from the neighboring properties. The alteration in landform, the removal of
vegetation for the building pads, and the potential development on the new building
pads, will adversely affect the view from neighboring sites.
4. Adversely affect existing development or retard future development in the
R -M Zone, because the proposed development is inconsistent with the established
development pattern along Canyon Road, and will be a disruption of the existing
community.
SECTION 3. That this City Council finds that the proposed Tentative Parcel
Map and the proposed improvements would likely cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, and
injuriously affect the neighborhood because the proposal will result in permanent
landform modifications that will be highly visible offsite, and contribute to an unavoidable
adverse impact on the environment as identified in the DEIR due to significant grading
with 28,707 cubic yards of cut, an equal amount of fill, removal of 45 healthy oak trees,
and removal of all existing vegetation in the graded areas.
SECTION 4. That this City Council finds that there is insufficient evidence to
support the certification of the final Environmental Impact Report (FEIR) in that the
proposed project cannot be altered to adequately mitigate a significant environmental
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effect as required by Section 15091 of the CEQA Guidelines, and that a Statement of
Overriding Consideration could not be made as required by Section 15093 of the CEQA
Guidelines.
SECTION 5. That for the foregoing reasons this City Council denies the
appeal, and upholds the Planning Commission's denial of Tentative Parcel Map
Application No. TPM 11 -02 (71182), and Residential Mountainous Development Permit
Application No. RM 11 -01, and does not certify the FEIR for a proposed subdivision and
grading of a 90.25 -acre undeveloped property in the foothills of Arcadia for two (2)
parcels to each be developed with a single - family residence at 2111 -2125 Canyon
Road.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 20th day of August 2013.
ATTEST:
Ci rk
APPROVED AS TO FORM:
YI
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6991 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 20th day of August, 2013 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Member Amundson, Kovacic, Wuo and Segal
NOES: Council Member Harbicht
ABSENT: None
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City erk of th City of Arcadia
