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HomeMy WebLinkAbout1909 RESOLUTION NO. 1909 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING ZONE VARIANCE NO. ZV 14-01 AND SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 13-135 WITH A CLASS 5 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW A THREE-CAR GARAGE (24 LINEAR FEET OF GARAGE OPENING) TO FACE THE STREET AT 303 W. WISTARIA AVENUE WHEREAS, on December 6, 2013, an application was filed by Mr. David Lin for the design review of single-family residence at 303 W. Wistaria Avenue, Development Services Department Case No. SFADR 13-135; and WHEREAS, on May 9, 2014, an application was filed by Mr. David Lin for a zone variance to allow a three-car garage (24 linear feet of garage opening) to face the street on a 99.98-foot wide lot in lieu of the minimum 100-foot lot width requirement for a three-car garage to face the street at 303 W. Wistaria Avenue, Development Services Department Case No. ZV 14-01; and WHEREAS, a public hearing was held by the Planning Commission on July 8, 2014 at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated July 8, 2014 are true and correct. SECTION 2. This Commission finds: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. The subject property is within a neighborhood where a majority of the homes have three-car garages facing the street, and almost all of the lots are within a fraction of an inch of meeting the 100-foot minimum lot width requirement for a three-car garage to face the street. 2. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. The proposal promotes uniformity in development as most homes within the block have three-car garages facing the street, and the proposed design is consistent with the City's Single-Family Residential Design Guidelines. 3. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. The proposal enables the applicant to develop the subject property in the same manner as the neighboring properties; which is, with a three-car garage facing the street on a lot that is a fraction of an inch less than the 100-foot width requirement for such a layout. 4. That the granting of such variance will not adversely affect the comprehensive general plan. The proposal is consistent with the provisions of the City's General Plan. SECTION 3. That for the foregoing reasons this Commission approves ZV 14- 01 and SFADR 13-135 to allow a three-car garage (24 linear feet of garage opening) to face the street on a 99.98-foot wide lot in lieu of the minimum 100-foot lot width requirement for a three-car garage to face the street at 303 W. Wistaria Avenue, and the architectural design for a 4,332 square-foot, two-story rebuild of the house at 303 W. Wistaria Ave., subject to the following conditions: 1. The applicant/property owner shall reduce the sizes of some of the second- floor windows on the sides of the house, and plant additional new trees in the side and rear yards to enhance the privacy of the adjacent neighbors, subject to review and approval by the Community Development Administrator, or designee. -2- 1909 2. The applicant/property owner shall comply with 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 to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 3. 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. 4. Approval of ZV 14-01 and SFADR 13-135 shall not take effect unless on or before 30 calendar days following approval of these applications by the Planning Commission, the applicant/property owner has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. -3- 1909 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8th day of July, 2014. Chairman, Planning Commission ATTEST: Secs'ary APPROVED AS TO FORM: 6eAt-Ge Stephen P. Deitsch City Attorney -4- 1909 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1909 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 22nd day of July, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, Chiao, and Falzone ABSENT: Commissioner Parrille Secf ry of the Planning Commission