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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. -2- 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 -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 15th day of October, 2013. APPROVED AS TO FORM: 9--QW44, 1: Steph ne Deitsch City Attorney -4- 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 5 Clerk of th'd City of Arcadia