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  Agenda Item   12.    
City Council Meeting
Meeting Date: 05/05/2020  
FROM: Bill Gallardo

Subject:
Appeal of Planning Commission’s decision of Certificate of Compatibility No. CC 19-02 for property located at 407 South Maple Avenue.
 
RECOMMENDATION
Open the public hearing, receive any public testimony and close hearing and by motion, adopt Resolution No. 2020-028, a Resolution of the City Council of the City of Brea denying the appeal request and upholding the Planning Commission’s approval of Certificate of Compatibility No. CC 19-02.
BACKGROUND/DISCUSSION
Planning Commission’s Review

On January 27, a duly noticed public hearing was held by the Planning Commission for an appeal of the Community Development Director’s approval of Certificate of Compatibility No. 19-02, a request to build a new single family dwelling unit and an accessory dwelling unit larger than 1,200 square feet.  The item was continued to February 25, 2020 (Attachment 1 – Planning Commission Meeting Minutes).  After Staff presented the item the Commission Chair opened the public hearing where thirteen people spoke. 

Ten spoke in favor of the project citing the following items:
• Improving existing property and increasing value;
• Property owner rights; and
• Neighborhood improvement.
 
Four spoke against the project citing the following items:
• Mansionization and building size;
• Compatibility with the neighborhood;
• View and privacy impacts on surrounding neighbors; and
• Applicable CEQA analysis.

The Commission found the project complies with the requirements of the R-1 Single Family Residential Zone, is in harmony with the elements and objectives of the General Plan, and is compatible with uses and structures in the surrounding area (Attachment 3 – Planning Commission Resolution No. PC 20-06).  The Commission denied the appeal and upheld the Community Development Director’s approval of Certificate of Compatibility No. CC 19-02.  On March 5, 2020, the City Clerk’s office received an application to appeal the Planning Commission’s approval of Certificate of Compatibility No. CC 19-02 to the City Council.  

Effective January 1,2020, State law has changed to provide for the streamline review for accessory dwelling units (ADU’s) however, a review of a Certificate of Compatibility is required for the proposed single family dwelling unit and ADU due to its approval under the required codes as of November 2019.  In approving a Certificate of Compatibility, the Council must find the following:
 
• The proposed single family dwelling unit is properly designed and complies with the requirements of R-1 Single Family Residential Zone;
• The proposed single family dwelling unit, with any conditions imposed, is in harmony with the various elements or objectives of the General Plan and is not economically or aesthetically detrimental to existing or previously approved uses, structures or mobile homes within the surrounding area; and
• The proposed single family dwelling unit is aesthetically compatible with the other uses, structures, and mobile homes in the surrounding area.

ENVIRONMENTAL ASSESSMENT

In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303.a, Class 3, New Construction.    
RESPECTFULLY SUBMITTED:
Tracy Steinkruger, AICP, Community Development Director 
Prepared by: Jennifer A. Lilley, AICP, City Planner
 
Attachments
1. Planning Commission Staff Report 2-25-20
2. Planning Commission Draft Meeting Minutes Dated February 25, 2020
3.Planning Commission Resolution No. PC 20-06
4. Application Appealing Planning Commission Approval
5. City Council Draft Resolution

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