HomeMy WebLinkAbout7477RESOLUTION NO. 7477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING APPEAL NO. 22-06 AND THE
REVISED PROJECT FOR A NEW TWO-STORY,
TRADITIONAL SINGLE-FAMILY HOUSE AT 1225 OAKLAWN ROAD
WHEREAS, on January 10, 2022, a Regular Review Application was filed with the
Santa Anita Oaks Architectural Review Board ("ARB") by Philip Chan on behalf of the
property owner, 800 Hampton LLC, for the Project; and
WHEREAS, on July 21, 2022, the Santa Anita Oaks ARB held a duly noticed public
hearing on the Project. Four (4) neighbors attended the meeting, expressing concerns
that the mass, scale and architectural style of the house were inconsistent with the
neighborhood, that the house would create privacy issues for the adjacent property to the
south — 1215 Oaklawn Road, and that the Findings could not be made. The ARB
continued the hearing to allow the architect to make the necessary changes to the project;
and
WHEREAS, on September 13, 2022, the Santa Anita Oaks ARB held a second
hearing and after reviewing the revised plans and the neighbors' concerns, the ARB
conditionally approved the new home with a 3-2 vote on the basis that the proposed
project is consistent with the City's Single Family Residential Design Guidelines and that
the project complies with all the regulations; and
WHEREAS, on September 26, within the 10 -day appeal period, the Project was
appealed by Shirly Chi (owner of 1215 Oaklawn Road), Jill and Steve Hisey (owners of
515 Arbolada Drive), Feizhi Chen and Angela P. Lin (owners of 521 Arbolada Drive), Dr.
Gary and Karen Jacobsen (owners of 1201 Oaklawn Road), Maurice and Beverly Stewart
(owners of 1212 Oaklawn Road), Drs. Hymavathi and Narandranath Reddy (owners of
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1220 Oaklawn Road), and Dr. David and Keppie Sullivan (owners of 1320 Oaklawn Road)
appealing the ARB approval of the Project; and
WHEREAS, on November 9, 2022, Planning Services completed an
environmental assessment for the proposed project in accordance with the California
Environmental Quality Act ("CEQA") and recommended that the Planning Commission
determine that the proposed project qualifies as a Class 3 Categorical Exemption under
CEQA pursuant to Section 15303(a) of the CEQA Guidelines for the construction of a
single-family home; and
WHEREAS, on November 22, 2022, a duly noticed public hearing was held before
the Planning Commission on said appeal, at which time all interested persons were given
full opportunity to be heard and to present evidence; and
WHEREAS, following consideration of all testimony and evidence including staff
reports and attachments, the Planning Commission overturned the Homeowners'
Association approval and approved Homeowners' Association Appeal No. HOA 22-05
with a 3-2 vote on the basis that the Project was not consistent with the Single -Family
Residential Design Guidelines in terms of mass, scale, and overall design and that they
could not make three of the five required findings. The Planning Commission directed
Staff to prepare a Resolution incorporating the Planning Commission's findings for the
Project; and
WHEREAS, on December 13, 2022, the Planning Commission approved Planning
Commission Resolution No. 2111, which incorporated the Planning Commission's
findings for the Project; and
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WHEREAS, on December 22, 2022, within the 10 -day appeal period, the denial of
the Project was appealed by Alex Hou ("Appellant") on behalf of the property owner, 800
Hampton LLC, appealing the Planning Commission's decision; and
WHEREAS, on February 21, 2023, a duly noticed public hearing was held by the
City Council, to consider the appeal, at which time all interested persons were given full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council considered the ARB Findings and Action Report,
Planning Commission staff report, the City Council staff report, attachments, and all
evidence and testimony presented at the public hearing and voted unanimously to
continue the item to April 4, 2023; and
WHEREAS, on April 4, 2024, the City Council continued discussion on the Project
and considered the updated architectural plans and all evidence and testimony
presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The factual data submitted by the Community Development Division
in the staff report dated February 21, 2023 and April 4, 2023, are true and correct.
SECTION 2. The City Council finds, based upon the entire record, pursuant to
Section 9107.19.050 of the Arcadia Development Code, all of the following findings can
be made.
1. The proposed development will be in compliance with all applicable
development standards and regulations in the Development Code.
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FACT: The subject site is zoned R-0, Very -Low Density Residential Zone, which
allows for the development of a single-family residence. The new two-story house will not
change the use or density allowed in this zone and meets all of the development
standards and regulations required, including but not limited to setbacks, height, and floor
area ratio. Therefore, the new development will be in compliance with all the applicable
standards and regulations in the Development Code.
2. The proposed development will be consistent with the objectives and
standards of the applicable Design Guidelines.
FACT: The proposed two-story house will be consistent with the objectives and
standards of the City's Single -Family Residential Design Guidelines, as the overall mass
and scale will be compatible with the other homes in neighborhood, which is comprised
of one and two-story homes, and the Traditional style residence will blend with the
immediate homes that consists of Ranch style homes. The placement of the second floor
was re -designed to be placed further back from the front of the house to help mitigate the
mass, and the three very large existing oak trees in the front yard will help screen and
soften the mass of the house from the street. Therefore, the proposed development meets
the intent of this finding.
3. The proposed development will be compatible in terms of scale and
aesthetic design with surrounding properties and developments.
FACT: The new two-story house would be compatible with the character of the
neighborhood in terms of the architectural design since the subject site is in a residential
neighborhood that is comprised of Ranch and various other architectural styles including
French, Traditional/Colonial, and Tudor. The Traditional -style house is consistent with the
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City's Design Guidelines in terms of form, roof, articulation, and design features and
details. The architectural design, overall articulation, extensive front yard landscaping
including retention of three large, existing oak trees, and large second story setbacks help
minimize the scale, soften the appearance of the home, and allow for consistency with
the neighborhood. Therefore, the proposed project meets the intent of this finding.
4. The proposed development will have an adequate and efficient site layout
in terms of access, vehicular circulation, parking and landscaping.
FACT: The circular driveway will provide adequate access to the four -car garage
along the northern side of the home. Parking will be easily accessible from the new
driveway and vehicles will be able to maneuver adequately. The proposed landscaping
will not impede into the visibility area when exiting the driveway since the hedges can be
maintained at a height of three feet or less.
5. The proposed development will be in compliance with all of the applicable
criteria identified in Subparagraph 9107.19.040.C.5 for a Site Plan and Design Review
application.
FACT: The proposed project would be in compliance with all the applicable criteria
set forth in Subparagraph 9107.19.040.C.5, including all other applicable sections of the
Development Code, and the City's Single -Family Residential Design Guidelines as the
proposed home will have an appropriate mass, scale, and design that fits in with the other
homes in the immediate vicinity. The site layout and design are harmonious with the
neighborhood as the proposed home meets or exceeds all required setbacks. The visual
mass of the home is softened by pushing the second story back 29'-8" from the ground
floor. Large second story setbacks on the southern fagade and use of clerestory windows
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will limit any overlooking or privacy issues with the adjacent property to the south.
Extensive new landscaping throughout will complement the home and provide additional
screening along both side and rear property lines. The driveway for the site is designed to
provide efficient and safe access to the residents and neighbors. No major impacts on- or
off-site are expected from this project. Therefore, the proposed house meets the intent of
this finding.
SECTION 3. Pursuant to the provisions of the California Environmental Quality
Act ("CEQA"), this Project is a Class 3 Categorical Exemption for the construction of a new
single-family home per Section 15303(a) of the CEQA Guidelines.
SECTION 4. For the foregoing reasons, the City Council determines that the
Project is Categorically Exempt under the California Environmental Quality Act ("CEQA")
Section 15303(a), Class 3, and approves the appeal, and the revised project for a new,
two-story, traditional style residence at 1225 Oaklawn Road, subject to the conditions of
approval attached hereto.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
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Passed, approved and adopted this 4th day of April, 2023.
Mayor of the Cit of Arcadia
ATTEST:
APPROVED AS TO FORM:
L11 1 //,z
Michael J. Maurer
City Attorney
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. 7477 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 4th day of April, 2023 and that said Resolution was adopted by the
following vote, to wit:
AYES: Cao, Kwan, Wang, and Cheng
NOES: Verlato
ABSENT: None
&I
Xy Clerl ity of Arcadia
RESOLUTION NO. 7477
Conditions of Approval
1. The project shall be developed and maintained by the Property Owner/Applicant
in a manner that is consistent with the plans submitted for a new, two-story single-
family residence at 1225 Oaklawn Road, subject to the satisfaction of the Deputy
Development Services Director or designee.
2. The front yard pilasters shall not have lights incorporated on or within them. The
Applicant/Property Owner shall provide a detail of the pilasters which has been
approved by the ARB as part of the building plan check submission.
3. Any pool on the subject property will not include a spillway or any water feature.
Pool equipment is to be setback no less than 13 feet from the rear property line.
4. No landscaping in the vehicle visibility area shall exceed 3 feet in height.
5. The project shall comply with the City's Water Efficient Landscaping Ordinance
("WELO"). The Property Owner/Applicant shall submit landscaping plans and all
WELO documentation with the building plans for plan check in Building Services.
6. Prior to issuance of a Certificate of Occupancy, the Property Owner/Applicant shall
plant tall, mature hedges along the perimeter of the property along the north and
south side yard areas. The species and box size shall be indicated on the
landscape plan submitted for building plan check and shall be to the satisfaction
of the Deputy Development Services Director or designee. The hedges shall be at
least 8 feet tall prior to the issuance of a Certificate of Occupancy.
7. The Property Owner/Applicant shall file a Protected Tree Permit application with
the City within 45 days of this approval and the Property Owner/Applicant shall
comply with all the recommended measures and conditions of approval imposed
by the Certified Arborist that prepared the report and the City to ensure no portion
of the proposed development will harm the healthy protected trees. If any of the
protected trees do not survive as a result of this development, the City has the
ability to require a large mature oak tree or trees to replace any failed existing tree
prior to issuance of a Certificate of Occupancy. The size and location shall be
determined by the Deputy Development Services Director, or designee, and the
City's Certified Arborist.
8. To the maximum extent permitted by law, the Applicant must defend, indemnify,
and hold the City, any departments, agencies, divisions, boards, and/or
commissions of the City, and its elected officials, officers, contractors serving as
City officials, agents, employees, and attorneys of the City ("Indemnitees")
harmless from liability for damages and/or claims, actions, or proceedings for
damages for personal injuries, including death, and claims for property damage,
and with respect to all other actions and liabilities for damages caused or alleged
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to have been caused by reason of the Applicant's activities in connection with the
new Cape Cod house ("Project") on the Project site, and which may arise from the
direct or indirect operations of the Applicant or those of the Applicant's contractors,
agents, tenants, employees or any other persons acting on Applicant's behalf,
which relate to the development and/or construction of the project. This indemnity
provision applies to all damages and claims, actions, or proceedings for damages,
as described above, regardless of whether the City prepared, supplied, or
approved the plans, specifications, or other documents for the project.
In the event of any legal action challenging the validity, applicability, or
interpretation of any provision of this approval, or any other supporting document
relating to the project, the City will promptly notify the Applicant of the claim, action,
or proceedings and will fully cooperate in the defense of the matter. Once notified,
the Applicant must indemnify, defend and hold harmless the Indemnitees, and
each of them, with respect to all liability, costs and expenses incurred by, and/or
awarded against, the City or any of the Indemnitees in relation to such action.
Within 15 days' notice from the City of any such action, Applicant shall provide to
City a cash deposit to cover legal fees, costs, and expenses incurred by City in
connection with defense of any legal action in an initial amount to be reasonably
determined by the City Attorney. The City may draw funds from the deposit for
such fees, costs, and expenses. Within 5 business days of each and every notice
from the City that the deposit has fallen below the initial amount, Applicant shall
replenish the deposit each and every time in order for the City's legal team to
continue working on the matter. The City shall only refund to the Developer any
unexpended funds from the deposit within 30 days of: (i) a final, non -appealable
decision by a court of competent jurisdiction resolving the legal action; or (ii) full
and complete settlement of legal action. The City shall have the right to select legal
counsel of its choice that the Applicant reasonably approves. The parties hereby
agree to cooperate in defending such action. The City will not voluntarily assist in
any such third -party challenge(s) or take any position adverse to the Applicant in
connection with such third -party challenge(s). In consideration for approval of the
project, this condition shall remain in effect if the entitlement(s) related to this
project is rescinded or revoked whether at the request of the Applicant, or not.
9. Approval of the house shall not be of effect unless the Property Owner/Applicant
has executed and filed the Acceptance Form with the City on or before 30 calendar
days after the Planning Commission has denied the appeal. The Acceptance Form
is to indicate awareness and acceptance of the conditions of approval.
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