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.
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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.
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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
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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