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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 1 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 2 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. 3 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 4 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 k, 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. [SIGNATURES ON NEXT PAGE] 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 w 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. 10