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HomeMy WebLinkAbout7035RESOLUTION NO. 7035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MODIFICATION NO. MC 13 -26 AND SIGN DESIGN REVIEW NO. SADR 13 -52 WITH A CLASS 11 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR TWO NEW 7' -1" HIGH BY 8' -6" WIDE, DOUBLE - SIDED MONUMENT SIGNS WITH ELECTRONIC MESSAGE BOARDS AT 400 W. DUARTE ROAD WHEREAS, on October 24, 2013, applications were filed by CalWest Lighting Services for the design review and a Modification for two, new, 7' -1" high by 8' -6" wide, double -sided monument signs with electronic message boards at 400 W. Duarte Road, Development Services Department Case Nos. MC 13 -26 and SADR 13 -52; and WHEREAS, on April 8, 2014, a duly- noticed public hearing was held by the Modification Committee at which all interested persons were given full opportunity to be heard and to present evidence, and at which the Modification Committee voted 3 -0 to conditionally approve the project for only one, double -sided monument sign; and WHEREAS, on April 14, 2014, Mr. Wayne Whitehill, the representative for the Church of the Good Shepherd United Methodist, filed a timely appeal of the Modification Committee's action; and WHEREAS, on May 27, 2014, a duly- noticed public hearing was held by the Planning Commission, at which all interested persons were given full opportunity to be heard and to present evidence, and at which the Planning Commission voted 2 -1 to deny the appeal and conditionally approve the project for only, one double -sided monument sign to be located along the Duarte Road frontage; and WHEREAS, on June 30, 2014, Mr. Whitehill, filed a timely appeal of the Planning Commission's action; and WHEREAS, on September 16, 2014, a duly- noticed public hearing was held by the City Council at which all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated September 16, 2014 are true and correct. SECTION 2. This Council finds: 1. That the proposed project as revised, together with the provisions for its design and improvement and the following conditions of approval, is consistent with the City's Sign Regulations and design guidelines, and satisfies the purpose of a Modification by securing an appropriate improvement of the property. 2. That pursuant to the provisions of California Environmental Quality Act (CEQA), the project is Categorically Exempt per Section 15311 (Class 11) of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission approves MC 13- 26 and SADR 13 -52, for two, new, double -sided monument signs with electronic message boards at 400 W. Duarte Road, subject to the following conditions: 1. All existing freestanding signs shall be removed from the Duarte Road and Holly Avenue street frontages, and two, double -sided monument signs with a LED message board on each side shall be permitted; one perpendicular to W. Duarte Road, and one perpendicular to Holly Avenue. The maximum size of the signs shall not -2- exceed 7' -1" in height by 8' -6" in width. The two signs shall be located at least 200 feet apart. 2. The digital displays on the LED message boards cannot change more frequently than once a minute and may only be displayed between the hours of 7:00 AM to 10:00 PM, daily. 3. No videos, flashing or blinking, or moving images shall be permitted within a given message. Simple transitions between messages are acceptable. Examples of acceptable transitions would include, but not be limited to, fading out/in or sliding in from a single direction. Examples of prohibited animations would include, but not be limited to, spinning, bouncing, dissolving, or zooming animations. 4. The signs shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved by the City Council for SADR 13- 52 and MC 13 -26, and shall be subject to periodic inspections, after which the provisions of this approval may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring uses and properties. 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, Modification Committee, or City Staff, which action is brought within the time period provided for in -3- 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 MC 13 -26 and SADR 13 -52 shall not be of effect unless on or before 30 calendar days after approval of this project, the property owner and applicant have 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this ATTEST: City rk APPROVED AS TO FORM: Step enh P. Deitsch City Attorney 16th day of September -4- 2014. MayorXf the City of Arcadia 7035 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7035 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 16th day of September, 2014 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Tay and Beck NOES: None ABSENT: Mayor Wuo ABSTAIN: Council Member Kovacic -5- it erk of a City of Arcadia