HomeMy WebLinkAbout6995RESOLUTION 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, October 1, 2013, and October 15, 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, October 1, 2013, and
October 15, 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.
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SECTION 3. That for the foregoing reasons this City Council upholds the
appeal, and hereby approves Modification 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, 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
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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 15th day of October, 2013.
APPROVED AS TO FORM:
9--QW44, 1:
Steph ne Deitsch
City Attorney
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1144
Mayor of g1ty of Ycadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
1, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6995 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 15th day of October, 2013 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Wuo and Segal
NOES: Council Member Kovacic
ABSENT: None
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Clerk of th'd City of Arcadia