HomeMy WebLinkAbout8536RESOLUTION NO. 8536
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
UPHOLDING THE APPEAL AND APPROVING MINOR
CERTIFICATE OF APPROPRIATENESS NO. 665.
WHEREAS, Beverly Winchester, applicant and property owner, submitted an application
for Certificate of Appropriateness No. 665 to legalize and approve an existing 6-foot-high vinyl
fence and rolling slide gate with galvanized steel frame for the property located at 232 West Olive
Avenue (APN: 0171-244-40-0000) within the Smiley Park Neighborhood Historic and Scenic
District (Historic District No. 8); and
WHEREAS, the Historic & Scenic Preservation Commission held public hearings on
March 2, 2023, April 6, 2023, May 4, 2023, and July 6, 2023, at which time the Commission
considered the staff report, oral report, the testimony and the written evidence submitted by and
on behalf of the applicant and by members of the public; and
WHEREAS, following the public hearing on July 6, 2023, the Historic & Scenic
Preservation Commission denied the application for Certificate of Appropriateness No. 665 based
on the facts and findings contained in Resolution No. 2023-15 adopted by the Commission on July
6, 2023; and
WHEREAS, Beverly Winchester ("Appellant"), filed a timely Appeal application on July
13, 2023, requesting to overturn the Historic and Scenic Preservation Commission's decision to
deny Certificate of Appropriateness Permit No. 665; and
WHEREAS, in accordance with Government Code section 65090, on or about September
8, 2023, the City Clerk gave notice by publication in a newspaper of general circulation of the
holding of a public hearing at which the Appeal and Certificate of Appropriateness Permit No. 665
would be considered by City Council; and
WHEREAS, on September 19, 2023, the City Council held a duly noticed public hearing
to consider the Appeal of the Historic & Scenic Preservation Commission's decision to deny
Certificate of Appropriateness No. 665, and considered the findings and the verbal and written
testimony of City Staff, the appellant, and public comments from members of the public, and was
continued to an unspecified date; and
WHEREAS, in accordance with Government Code section 65090, on or about December
7, 2023, the City Clerk gave notice by publication in a newspaper of general circulation of the
holding of a public hearing at which the Appeal and Certificate of Appropriateness Permit No. 665
would be considered by City Council; and
WHEREAS, on December 19, 2023, the City Council held a duly noticed public hearing
to consider the Appeal of the Historic & Scenic Preservation Commission's decision to deny
Certificate of Appropriateness No. 665, and considered the findings and the verbal and written
testimony of City Staff, the appellant, and public comments from members of the public; and
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WHEREAS, the applicant has agreed to make changes to the proposed project that will
mitigate the environmental impacts on historic resources, and the proposed project therefore
qualifies for exemption from environmental review in accordance with Section 15303 (New
Construction of Small Structures) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS:
Section 1. California Environmental Quality Act. The approval of Certificate of
Appropriateness No. 665 is exempt from environmental review in accordance with Section 15303
(New Construction of Small Structures) of the CEQA Guidelines, subject to the applicant
complying with the conditions of approval.
Section 2. Findings for Upholding the Appeal. The City Council approves the Appeal and
overturns the decision of the Historic & Scenic Preservation Commission that denied Certificate
of Appropriateness No. 665, based upon the following findings:
a) The applicant/appellant has agreed to implement exterior treatments consistent with the
Historic & Scenic Preservation Commission's previous suggestions (e.g., changing the
appearance of the exterior side of the fence and gate to not resemble vinyl, and install
wooden trellises that will cover the whole fence panels and provide opaque landscape
screening). Therefore, the proposal with the Conditions of Approval, (included as
Exhibit A attached to this resolution) would be consistent with the city's Historic &
Scenic Preservation Manual and the applicable Secretary of Interior's Standards.
Section 3. Approval of Appeal. The City Council hereby upholds the Appeal and approves
Minor Certificate of Appropriateness No. 665, subject to the attached conditions of approval.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED, AND APPROVED this 19th day of December, 2023.
Eddie Tejeda, Mayor
ATTEST:
Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day
of December, 2023, by the following vote:
AYES:
NOES: None
ABSENT: None
ABSTAINED: None
Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda
e Donaldson, City Clerk
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EXHIBIT A
DEVELOPMENT SERVICES DEPARTMENT
CONDITIONS OF APPROVAL
CERTIFICATE OF APPROPRIATENESS NO. 665
1. This approval is to legalize and approve an existing 6-foot-high vinyl fence and rolling
slide gate with galvanized steel frame for the property located at 232 West Olive Avenue
(APN: 0171-244-40-0000) within the Smiley Park Neighborhood Historic and Scenic
District (Historic District No. 8).
2. Unless construction has commenced pursuant to a building permit, this permit/approval
shall expire in eighteen (18) months from the approval date. This permit/approval can be
extended by staff per RMC Section 2.62.200(K) for a period not to exceed thirty-six (36)
months.
3. The applicant or property owner shall paint the exterior side of the fence and gate with a
non -reflective flat white color (or similar color with a non -reflective and non -glossy finish)
to mitigate the appearance of the fence/gate and not appear to be vinyl material. The
painting shall be completed no later than March 12, 2024.
4. The exterior sides of the fence on the south (Olive Ave.) and west (Grant St.) sides shall
include lattice (approximately five to six feet high) installed across the width of the fence
panel to provide surfaces for climbing vines or shrubs on the exterior of the fence for
landscape screening purposes. Landscape screening is required in addition to the applicant
painting the exterior sides of the fence panels a flat white color.
5. The property owner(s) shall be responsible for maintaining the painting and landscape
screening on the trellises installed on the exterior sides of the fence. This permit/approval
is conditional upon the full screening of the vinyl fence material in order to be consistent
with the City's Historic Design Manual.
a) If the paint on the fence and the gate, trellises on the exterior sides of the fence panels,
and landscape screening is removed or the landscaping substantially reduced in the
future, then the property owner at that time shall be responsible for replacing the vinyl
fence with a wood fence to achieve consistency with the City's Historic Design Manual
and the Secretary of Interior Standards, and may be subject to additional subsequent
review by the Historic & Scenic Preservation Commission. The property owner shall
install the replacement wood fence within sixty (60) days of notification of the
Commission's decision or the Development Services Director's determination,
whichever is applicable.
6. The applicant shall not make any modifications or changes during construction that are in
conflict or contrary to the project's approved site design or building elevations without first
consulting the Development Services Director or designee.
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7. The applicant for this permit, and its successors and assigns, shall defend, indemnify and
hold harmless the City of Redlands, and its elected officials, officers, agents, and
employees, from and against any and all claims, actions, and proceedings to attack, set
aside, void or annul the approval of this permit by the City, or brought against the City due
to acts or omissions in any way connected to the applicant's project that is the subject of
this permit. This indemnification shall include, but not be limited to, damages, fees, costs,
liabilities, and expenses incurred in such actions or proceedings, including damages for the
injury to property or persons, including death of a person, and any award of attorneys' fees.
In the event any such action is commenced to attack, set aside, void, or annul all, or any,
provisions of this permit, or is commenced for any other reason against the City for acts or
omissions relating to the applicant's project, within fourteen (14) City business days of the
same, the applicant shall file with the City a performance bond or irrevocable letter of credit
(together, the "Security") in a form and in an amount satisfactory to the City, to ensure
applicant's performance of its defense and indemnity obligations under this condition. The
failure of the applicant to provide the Security shall be deemed an express acknowledgment
and agreement by the applicant that the City shall have the authority and right, without
objection by the applicant, to revoke all entitlements granted for the project pursuant to this
permit. The City shall have no liability to the applicant for the exercise of City's right to
revoke this permit.
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