Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item 1a - Resolution No. 6995 - Appeal 2314 S. Santa Anita Avenue
G e,yt A, 5, 1903 co STAFF REPORT 0 alunity of Development Services Department DATE: October 15, 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, AND OCTOBER 1, 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. Attached is the October 1, 2013, staff report. However, before considering this item at the October 1, 2013, meeting, the City Council voted 5 -0 to continue the public hearing to October 15, 2013. This continuance was at the request of the City Manager to give Mayor Pro Tern MP 13 -09 & SFADR 12 -106 — Continuance 2314 S. Santa Anita Avenue October 15, 2013 — Page 2 of 3 John Wuo additional time to review the video of the September 17, 2013, City Council meeting, and the other materials for this matter. In response to a question from Council Member Kovacic at the September 17, 2013, 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 September 17, 2013, public hearing 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 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. The following is a list of the front yard setbacks of the seven properties on this block: 2210 S. Santa Anita Ave 2216 S. Santa Anita Ave 2222 S. Santa Anita Ave 2230 S. Santa Anita Ave 2300 S. Santa Anita Ave 2314 S. Santa Anita Av( 2320 S. Santa Anita Ave 48' -0" 50' -0" 62' -0" 50' -0" New design review — Existing 117' -0" — Proposed 50' -0" Subject Property — Existing 100' -0" — Proposed 50' -0" 77' -0" 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. MP 13 -09 & SFADR 12 -106 — Continuance 2314 S. Santa Anita Avenue October 15, 2013 — Page 3 of 3 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 Lazza City Manager Attachments: October 1, 2013 Staff Report September 17, 2013 Staff Report Aerial Photo Proposed Plans Photos Appeal Letter Preliminary Exemption Assessment 100 -foot Radius Map Resolution No. 6995 I"r Por led Au _usi 3. 1903 c9�'uait, nE�v�y~ STAFF REPORT 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, Dornlrrio La��are�t� 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 I"r Por led Au _usi 3. 1903 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 I Tf Product %o: 4979 i imc: Gray Range Color Family: Grays AL SMooTH Pt tts" STUCCO Coe5L . PMVWA� PAVER SLATE STONE PAVER >. I j ' I � �rrr � EE � '} �( f i � i j � N � yya� ir. 1, .e dd t t�bA 3 k i '7 a � � Ea' 9 � Y 'LL R `'�: � I 3i3w 'e+Wiutuhan4'3r..w�'e�3'z*34'z. "4+ Nks�ni�.'Ne.evsz�,t almn'1� . w, m, �?a. dz�.* diF3ttuca' m2, nv. A' aa��, snm'u335MAC,:+vc&'s.�:�,'zc>•ar ^. wru.. 3f._ xuuno+ s' msA�" L+3a�6AArewe.rss3nP'.ant'�.�+ke, i sz�a i I� i5" � r �" � In 13 I �� j � � E � ��� �i�:m %�.� �.v�.' S%auf�a�.w, a+&r.%'a�^a`rats�ra:� a a F.r�cEV� Qm` mum t KIV 1 i li AI ISAYt g 4)Oi66 tlQVJNM W-V0'I—DIA, uLVanb tl3 d � .'S i,[�Z 'e�td N3a'JNO'1II15 aOM:�ICEIS3d <I iiThV.I R lJ:dZIS JDaLL.IIIDNV `ALA HAHMS I f III K Y q I a� c I L y5 ai a to � -uJ o yea i 11 lie¢ � n�R d h WW C N� i�0 WM. 2Tj rA IV ' t 4h Vj r •_' • t o luaaa.rrr�. i '\ i' 1 • ray `"'- �,q .. � .,�. moo, t !• .�� �rf /-�,. c. ",� �• .;1 •�• ! ;�r1 w '1 '� f 14,• ~=•f 1ti4 i Ma3 �'� �`� _� � 1 4 � � ¢ �� �• .f .WM �, pt ' -�r � �, �� ,� }1'.� 1 �.y �, 'r' I a,' ' 11 _{-S�R k .f ,� ( �. . `9 1 11 �\ ,r �' a ��i'v�t, i l � w� -- 4 t .r �r' '�'�'' w fyy -�� fp..t �� � - ii • � y � � i ^V•� � �� 1 \ � Y r� � ` _... _._. I� 111111 .s -�-- �� .r '� �'`,�' ..rw .� ..., r , �' �, �� �.ti Y u'��� s '� f, -r .'V .1 � t �� '� .ti "} ._., ... ..��- . 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 -106 100' Radius Map 2305 I D.kR 7 4 2329 22 1 0 U) 2405 15 U) 2409 D 2219 z D D 17 2221 Z i D 2231 U)� < z4 16 FL � 2305 I D.kR 7 4 2329 22 1 0 2401 2405 15 25 2409 U) D z, z D C rn: U) U U) U D � Z< < D Z 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