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HomeMy WebLinkAboutItem 1a - Resolution No. 6995 - Appeal 2314 South Santa Anita Avenuev� GI,IFOk.Vl9`y� f
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STAFF REPORT
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Development Services Department
DATE: October 1, 2013
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director
Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: RESOLUTION NO. 6995 UPHOLDING THE APPEAL OF THE PLANNING
COMMISSION DENIAL OF MODIFICATION NO. MP 13 -09 AND SINGLE -
FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 12 -106 WITH
A CLASS 5 CATEGORICAL EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW 7,322 SQUARE -
FOOT, TWO- STORY, SINGLE - FAMILY RESIDENCE AT 2314 S. SANTA
ANITA AVENUE (CONTINUED FROM SEPTEMBER 17, 2013)
Recommended Action: Uphold the appeal, find that the project is
exempt from CEQA, conditionally approve the applications, and adopt
Resolution No. 6995
SUMMARY
At the September 17, 2013, City Council meeting, a public hearing was held on the
appeal of the Planning Commission's denial of Modification Application No. MP 13 -09
and Single - Family Architectural Design Review No. SFADR 12 -106 for a new, 7,322
square -foot, two - story, single - family residence at 2314 S. Santa Anita Avenue — see the
attached staff report from the September 17, 2013, meeting. The requested
Modification is for a 50 -foot front yard setback in lieu of a 97 -foot requirement based on
the average existing front yard setbacks of the two adjacent properties — see the
attached aerial photo, and the proposed plans. The City Council voted 4 -0, with Mayor
Pro Tern John Wuo absent, to continue the public hearing to October 1, 2013.
In response to a question from Council Member Kovacic at the public hearing, the
appellant explained that if he had to comply with the 97 -foot front yard setback
requirement, the proposed house would most likely not be reduced in size, but be
relocated on the site, and the back yard amenities (i.e., a recreation room, pool and spa,
lawn, and rose garden) would be reduced in size, or eliminated.
As a compromise, during the discussion Council Member Amundson suggested a front
yard setback of 77 feet to align with the existing front yard setback of the adjacent
property to the south; the lesser front yard setback of the two adjacent properties. The
MP 13 -09 & SFADR 12 -106 — Continuance
2314 S. Santa Anita Avenue
October 1, 2013 — Page 2 of 2
northerly adjacent lot has an existing front yard setback of 117 feet. However, after the
September 17, 2013, City Council meeting, Single - Family Architectural Design Review
Application No. SFADR 13 -94 was submitted for a new house at 2300 S. Santa Anita
Avenue; the lot adjacent to the north side of the subject property. The new house
proposed under SFADR 13 -94 is an approximately, 11,000 square -foot, two -story
residence, with two, attached, two -car garages in front with a front yard setback of 50
feet. While this new submittal has not yet been reviewed, it is new information that the
City Council may wish to consider as part of the deliberations.
If approved with conditions, applications MP 13 -09 and SFADR 12 -106 will secure an
appropriate improvement to the lot with a design that is consistent with the City's Single -
Family Residential Design Guidelines and Zoning Regulations.
RECOMMENDATION
It is recommended that the City Council uphold the appeal, find that the project is
exempt from the California Environmental Quality Act (CEQA), conditionally approve
applications MP 13 -09 and SFADR 12 -106, and adopt Resolution No. 6995 upholding
the appeal of the Planning Commission denial of Modification No. MP 13 -09 and Single -
Family Architectural Design Review No. SFADR 12 -106.
Approved
Dominic Lazzareitd
City Manager
Attachments: September 17, 2013 Staff Report
Aerial Photo
Proposed Plans
Photos
Appeal Letter
Preliminary Exemption Assessment
100 -foot Radius Map
Resolution No. 6995
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c9�'uait, nE�v�y~ STAFF REPORT
Development Services Department
DATE: September 17, 2013
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director
Jim Kasama, Community Development Administrator
By- Thomas Li, Associate Planner
SUBJECT: APPEAL OF THE PLANNING COMMISSION DENIAL OF MODIFICATION
APPLICATION NO. MP 13 -09 AND SINGLE - FAMILY ARCHITECTURAL
DESIGN REVIEW NO. SFADR 12 -106 FOR A NEW 7,322 SQUARE -
FOOT, TWO- STORY, SINGLE - FAMILY RESIDENCE AT 2314 S. SANTA
ANITA AVENUE
Recommendation: Uphold the appeal, find that the project is exempt
from CEQA, and conditionally approve the applications
SUMMARY
The applicant is requesting approval of Modification Application No. MP 13 -09 and
Single - Family Architectural Design Review No. SFADR 12 -106 to construct a new 7,322
square -foot, two -story, single - family residence at 2314 S. Santa Anita Avenue with a
front yard setback of 50 feet in lieu of the 97 -foot requirement — see the attached aerial
photo, proposed plans and materials, and photos. The subject applications, if approved
with conditions, will secure an appropriate improvement to the lot with a design that is
consistent with the City's Single - Family Residential Design Guidelines. It is
recommended that the City Council overturn the Planning Commission's denial and
approve these applications, subject to the conditions of approval listed in this staff
report.
BACKGROUND
The site is currently developed with an 840 square -foot, one -story, single - family
residence that was constructed in 1948, and a detached 730 square -foot garage and
rumpus room. The Zoning of the property is R -1, Second One - Family, and the General
Plan Land Use Designation is Low Density Residential for four to six dwelling units per
acre.
Appeal - 2314 S. Santa Anita Avenue
September 17, 2013
Page 2 of 6
Single - Family Architectural Design Review No. SFADR 12 -106 for a new residence was
submitted on December 7, 2012. Before receiving comments from staff, the applicant
indicated that he would be revising the plans, and submitted new plans on February 5,
2013. Comments on these plans were given to the applicant on March 7, 2013, and
revisions were submitted on April 25, 2013. Final comments from staff were sent on
May 14, 2013, along with a Modification application form for the proposed 50 -foot front
yard setback. On June 29, 2013, the applicant submitted the attached plans with
Modification Application No. MP 13 -09. Because the front yard setback Modification
request is for a new house, the Arcadia Municipal Code requires that it be considered
by the Planning Commission.
At its regular meeting on July 23, 2013, the Planning Commission considered the
following Modification requests and Architectural Design Review:
A. A 50' -0" front yard setback in lieu of the 97' -0" average of the adjacent
properties; and
B. To retain a non - conforming 6' -0" high chain -link fence in the front yard area
in lieu of a maximum 3' -0" high, non - chain -link fence.
The Planning Commission voted 3 -2 to deny the subject applications, citing that the
Modification requests would not achieve any of the following purposes for which
Modifications may be approved: to secure an appropriate improvement of a lot, to
prevent unreasonable hardship, or to promote uniformity of development. The property
owner, Mr. Steve Wu, filed the attached appeal on July 30, 2013. In appealing the
Planning Commission decision, the applicant opted to eliminate Modification Request B.
DISCUSSION
The applicant is proposing to demolish the existing structures on the site to build a new
7,322 square -foot, two - story, single - family residence with two, 450 square -foot,
attached, two -car garages at the front of the residence — see the attached plans. The
proposed new residence will have six bedrooms, six and one -half bathrooms, a living
room, dining room, kitchen with breakfast nook, family room, home theater, library, and
covered balconies at the front and rear. The proposal also includes a 630 square -foot,
detached recreation room and a swimming pool and spa in the backyard.
Modification Request
• A 50' -0" front yard setback in lieu of the 97' -0" average of the adjacent
properties.
Appeal - 2314 S. Santa Anita Avenue
September 17, 2013
Page 3 of 6
The front yard setback requirement for the R -1 zones is as follows:
There shall be a front yard setback of not less than twenty -five (25) feet;
provided that, where lots comprising sixty percent (60 %) or more of the
frontage in a city block are developed with larger front yard setbacks, the front
yard setback for a lot proposed for development shall be the greater of (a)
twenty -five (25) feet and (b) the average of the two (2) nearest developed lots
at the time a building permit is issued
The subject property is located on a block developed with seven single - family lots
fronting on Santa Anita Avenue. Therefore, six lots figure into the determination of the
front yard setback requirement for the subject property — see the attached aerial photo.
Because the six lots all have front yard setbacks greater than 25 feet (more than 60% of
the frontage of this block) the average of the two adjacent lots determines the front yard
setback requirement for the subject property. These two lots have the deepest front
yard setbacks on this block at 77 feet and 117 feet. The other four residences have
front yard setbacks of approximately 48 feet to 62 feet. Requiring that a new
development have a front yard setback that is the average of the two adjacent
neighbors promotes a consistent streetscape; at least to the extent that no one
development will be significantly closer to the street than the majority of the other
developed lots. The proposed front yard setback of 50 feet will provide for a consistent
streetscape when the entire block is considered, and will secure an appropriate
improvement of the lot. Given the entire block, the two lots adjacent to the subject
property tend to be the divergent ones in the neighborhood; requiring the subject
property to adhere to the average of these two somewhat unique properties would tend
to be an unfair hardship on the subject property owner.
Architectural Design Review
Concurrent with the Modification application, the City Council is asked to approve,
conditionally approve, or deny the architectural design of this proposal. The appellant
describes the proposed design as a "French Colonial" style. This is based on the
architectural features, which include a gray concrete tile roof, smooth stucco, travertine
stone veneer on a concrete base, and decorative wrought -iron panels. The proposed
materials and finishes are of high quality; however, the proposed travertine tile as an
accent feature is not in keeping with French Colonial architecture and is not compatible
with the neighboring developments — see the attached photos. The lack of window
details is not consistent with the City's Single - Family Residential Design Guidelines, and
the proposed chimney heights exceed the 30 -foot maximum height limit of the R -1
Zoning.
Appeal - 2314 S. Santa Anita Avenue
September 17, 2013
Page 4 of 6
It is recommended that the design be revised to replace the travertine stone tile veneer
with smooth stucco to be compatible with the neighborhood; that muntins or grids be
added to all of the windows that are larger than two feet wide by two feet high as called
for by the City's Single - Family Residential Design Guidelines; and that the chimney
heights be lowered to a maximum of 30 feet to comply with the R -1 Zoning regulations.
With the following recommended conditions of approval, the subject applications will
secure an appropriate improvement to the lot, and the design will be consistent with the
City's Single - Family Residential Design Guidelines:
1. The travertine stone tile veneer shall be replaced with a smooth stucco
finish to be consistent with the rest of the building, subject to the approval
of the Community Development Administrator.
2. The chimneys shall be lowered to not exceed a maximum height of 30' -0"
from the average existing grade.
3. Windows over 2' -0" in width and height shall have muntins or grids finished
in a color to match the building, subject to the approval of the Community
Development Administrator.
4. All City requirements regarding building safety, fire 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
System (NPDES) measures shall be complied with 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.
5. The applicant shall defend, indemnify, and hold harmless the City of
Arcadia and its officials, officers, employees, and agents from and against
any claim, action, or proceeding against the City of Arcadia, its officials,
officers, employees or agents to attack, set aside, void, or annul any
approval or conditional approval of the City of Arcadia concerning this
project and /or land use decision, including but not limited to any approval
or conditional approval of the City Council, Planning Commission, 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 officials, officers, employees, and agents in the
defense of the matter.
Appeal - 2314 S. Santa Anita Avenue
September 17, 2013
Page 5 of 6
6. Approval of application nos. MP 13 -09 and SFADR 12 -106 shall not take
effect until the applicant, designer, contractor, and property owner have
executed and filed an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of the
conditions of approval.
PLANNING COMMISSION DECISION AND APPEAL
At its regular meeting on July 23, 2013, the Planning Commission denied the subject
applications by a vote of 3 -2. The denial of the subject applications was based on the
Commission's finding that the proposed project does not satisfy the purposes for
approval of a Modification and that the design is not consistent with the City's Single
Family Residential Design Guidelines. The Commission stated that new houses should
comply with the setback requirements, and that a reduced front yard setback would not
promote uniformity of development. As for the proposed architectural design, the
Planning Commission agreed with staff that the use of travertine tile would be
inappropriate.
ENVIRONMENTAL ANALYSIS
Modification requests qualify as a Class 5 Categorical Exemption (Minor Alterations in
Land Use Limitations) from the requirements of the California Environmental Quality Act
(CEQA) per Section 15305 of the CEQA Guidelines. A Preliminary Exemption
Assessment is attached to this staff report.
PUBLIC NOTICE
Public hearing notices of the appeal of the Planning Commission denial of application
nos. MP 13 -09 and SFADR 12 -106 were mailed on September 5, 2013, to the property
owners and tenants of those properties that are located within 100 feet of the subject
property — see the attached radius map.
FISCAL IMPACT
The proposed project will have no significant fiscal impact on the City.
Appeal - 2314 S. Santa Anita Avenue
September 17, 2013
Page 6 of 6
RECOMMENDATION
It is recommended that the City Council overturn the Planning Commission decision;
find that the project is exempt from the California Environmental Quality Act (CEQA);
and approve application Nos. MP 13 -09 and SFADR 12 -106 for a 50 -foot front yard
setback, subject to the conditions of approval listed in this staff report based on a
determination that the Modification will secure an appropriate improvement of the lot
and that the design will be consistent with the City's Single Family Residential Design
Guidelines.
D� rrr rn �C La��a
City Manager
Attachments: Aerial Photo
Proposed Plans
Photos
Appeal Letter
Preliminary Exemption Assessment
100 -foot Radius Map
MP 13 -09 and SFADR 12 -106 - 2314 S. Santa Anita Ave.
1314 S SANT^ ANITA
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Letter of Intent
July 30, 2013
Development services Dept.
City of Arcadia
Subject: Modification No. MP 13 -09
Project Address: 2314 S. Santa Anita Avenue
Dear Sir:
I previously requested (A) for a 50' -0" front yard setback in lieu of the 97' -0" average of the adjacent
properties, and (B) to maintain existing fence in the front yard area. Now 1 am only appealing for (A) and
dropping request (B).
I appreciate your time and consideration.
Sincerely,
Applicant ST�Il� WGL
JUL 3 0 2013
pi: Ak
0
? n�4hlly ns l��s
CITY OF A.t+i CADIA
340 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project:
MP 13 -O9 and SFADR 12 -106
2, Project Location -- Identify street
2314 S. Santa Anita Avenue
address and cross streets or
attach a map showing project
site (preferably a USGS 15' or 7
112' topographical map identified
by quadrangle name):
3. Entity or person undertaking
project:
A.
B. Other
(Private)
(I) Name Mr. Steve Wu
(3) Address 51 E. Longden Avenue
a. Staff Determination:
i
The Lead Agency's Staff, having undeiiaken and completed a preliminary review of this project
in accordance with the Lead Agency's "Local Guidelines for Implementing the California
Environmental Quality Act (CEQA)" has concluded that this project does not require further
environmental assessment because:
a. ❑
The proposed action does not constitute a project under CEQA.
b. ❑
The project is a Ministerial Project.
C. ❑
The project is an Emergency Project.
d. ❑
The project constitutes a feasibility or planning study.
e. ©
The project is categorically exempt.
Applicable Exemption Class: j 05 — Minor Alterations
e ❑
The project is statutorily exempt.
Applicable Exemption:
g. ❑
The project is otherwise
exempt on the following
basis:
h. ❑
The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: dune 27, 2013
Staff:
10 1 6
20 1 2215
19
MP 13 -09 and SFADR 12 -106
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MP 13 -09 and SFADR 12 -106
100' Radius Map
RESOLUTION NO. 6995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, UPHOLDING THE APPEAL OF THE PLANNING
COMMISSION DENIAL OF MODIFICATION NO. MP 13 -09 AND
SINGLE- FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 12-
106 WITH A CLASS 5 CATEGORICAL EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW
7,322 SQUARE -FOOT, TWO- STORY, SINGLE - FAMILY RESIDENCE AT
2314 S. SANTA ANITA AVENUE
WHEREAS, on December 7, 2012, Single - Family Architectural Design Review
Application No. SFADR 12 -106 was filed by Mr. Steve Wu for a new, two -story
residence at 2314 S. Santa Anita Avenue, and on June 29, 2013, Mr. Wu submitted
Modification Application No. MP 13 -09 to request a 50 -foot front yard setback and the
retention of a chain -link fence for the proposed new house; and
WHEREAS, a public hearing was held by the Planning Commission on July 23,
2013 at which time all interested persons were given full opportunity to be heard and to
present evidence, and after which the Planning Commission voted to deny the
applications based on findings that the requested Modifications would not promote
uniformity of development, and that the architectural design is not consistent with the
City's Single - Family Residential Design Guidelines; and
WHEREAS, on July 30, 2013, within the prescribed five - working -day appeal
period, Mr. Steve Wu, submitted an appeal to the City Council of the Planning
Commission denial, but withdrawing the Modification request to retain a chain -link
fence; and
WHEREAS, on September 17, 2013, and October 1, 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 reports dated September 17, 2013, and October 1, 2013, are
true and correct.
SECTION 2. That this City Council finds:
1. That conditional approval of Modification No. MP 13 -09 for a 50 -foot front
yard setback will secure an appropriate improvement to the lot. Four of the six other
residences on this block have front yard setbacks of approximately 48 feet to 62 feet.
The requested front yard setback of 50 feet will provide for a consistent streetscape
when the entire block is considered. And, it would be an unfair hardship to require the
proposed new residence to adhere to the average front yard setback of the two adjacent
properties that have somewhat uniquely deep front yard setbacks.
2. That conditional approval of Single- Family Architectural Design Review No.
SFADR 12 -106 will result in a design that is consistent with the City's Single- Family
Residential Design Guidelines. Replacement of the proposed travertine stone tile
veneer with smooth stucco will be compatible with the neighborhood. Adding muntins
or grids to all windows larger than two feet wide by two feet tall will be consistent with
the City's Single - Family Residential Design Guidelines. And, reducing the heights of
the chimneys to a maximum of 30 feet as measured from adjacent grade will bring the
design into compliance with the City's zoning regulations.
3. That this project is exempt under the California Environmental Quality Act (CEQA)
because it involves only a minor alteration in a land use limitation and qualifies as a Class 5
Categorical Exemption pursuant to Section 15305 of the CEQA Guidelines.
-2-
SECTION 3. That for the foregoing reasons this City Council upholds the
appeal, approves Modification No. MP 13 -09 and Single - Family Architectural Design
Review No. SFADR 12 -100 for a new, 7,322 square -foot, two -story, single - family
residence at 2314 S. Santa Anita Avenue, subject to the following conditions:
1. The travertine stone tile veneer shall be replaced with a smooth stucco finish
to be consistent with the rest of the building, subject to the approval of the Community
Development Administrator.
2. The chimneys shall be lowered to not exceed a maximum height of 30' -0"
from the average existing grade.
3. Windows over 2' -0" in width and height shall have muntins or grids finished in
a color to match the building, subject to the approval of the Community Development
Administrator.
4. All City requirements regarding building safety, fire 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 System (NPDES) measures shall be
complied with 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
to the Development Services Department for plan check review and approval.
5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
-3-
Arcadia concerning this project and/or land use decision, including but not limited to any
approval or conditional approval of the City Council, Planning Commission, 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 officials, officers, employees, and agents in the defense of the matter.
6. Approval of application nos. MP 13 -09 and SFADR 12 -106 shall not take
effect until the applicant, designer, contractor, and property owner have executed and
filed an Acceptance Form available from the Development Services Department to
indicate awareness and acceptance of the conditions of approval.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of 2013.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
-4-
Mayor of City of Arcadia