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HomeMy WebLinkAbout5062 I . j,xf, , '.: ,/ RESOLUTION NO. 5062 A RESOLUTION OF THE CITY COUNCIL UPHOLDING THE DECISION OF THE PLANNING COMMISSION ON APPEAL AND APPROVING TENTA- TIVE PARCEL ~~P 82-3 REVERTING NINE PARCELS INTO ONE LOT AND MAKING FINDINGS OF FACT AND ADOPTING A NEGATIVE DECLARATION AND CATEGORICAL EX~IPTION liHEREAS, on July 13, 1982, the Planning Commission held a duly noticed public hearing at which time all persons were given full opportunity to be heard and to present evidence on Tentative Parcel Map 82-3 (hereinafter referred to as TPM 82-3) and a proposed negative declaration therefor; and WHEREAS, after said hearing was closed, the Planning Commission made specific findings of fact and approved TPM 82-3 by a 5 to 0 vote with two members absent; WHEREAS, the decision of the Planning Commission regarding TPM 82-3 was appealed to the City Council by Arcadia Townhomes West, a California corporation, and on August 17, 1982 a duly noticed public hearing was held on said appeal by the City Council at which time all interested persons were given full opportunity to be heard and to present evidence. NOI~, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. That we hereby make the following findings of fact: A. That the applicant is Arcadia Parking, Inc., a California corporation. B. Applicant has applied for a tentative parcel map, TPM 82-3 to revert to acreage nine (9) assessor's tax parcels for the purpose of consolidating into one (1) parcel, approximately 197,364 square feet (4.53 acres) (hereinafter referred to as "Parcel"). TPM 82-3 does not subdivide any parcel. C. Parcel is shown between the dashed lines on the land use and zoning map attached hereto as Exhibit "A" and by this reference incorporated herein. D. The Parcel is located in the City of Arcadia, California, and is bounded on the north by Duarte Road and on the south by Naomi Avenue and is approximately 575' measured on Naomi. Avenue westerly from the northwesterly corner of Baldwin Avenue and Naomi Avenue and is approximately 847' measured on Duarte Road from the south- westerly corner of Baldwin Avenue and Duarte Road. The Parcel has a frontage of 370.77' on Naomi Avenue. E. The applicant owns all of the real property between Duarte Road and Naomi Avenue and lying between the easterly boundary of the Parcel and South Baldwin Avenue, and hence owned all of the bui.ldings fronting on the west side of Baldwin Avenue. F. That the General Plan designates commercial usage for applicant's nine , assessor's tax parcels to be reverted to acreage for the purpose of consolidation into one parcel, and Parcel will have a commercial General Plan land use designation. G. That existing nine assessor's tax parcels are zoned C-2, General Commercial Zone, and have been zoned C-2 since February 18, 1966. That after said nine assessor's tax parcels are reverted to acreage for the purpose of consolidation into one parcel, the zoning will remain C-2. H. That the zoning surrounding Parcel iS,to the north across Duarte Road, C-2D and R-3, to the east is C-2 and C-2H, to the south across Naomi Avenue is R-3 and C-2, and to the west is C-2. I. It is the intent of applicant to lease Parcel to Vons Grocery Co. under which lease Applicant will construct a supermarket for the use of Vons Grocery Co. with a ground floor area of 50,000 square feet and a mezzanine of 3,000 square feet. J. That supermarket market usage is an allowed use under the City of Arcadia's C-2 zone. K. Applicant has indicated said supermarket will strictly conform to and all of the applicable provisions of the zoning ordinances and building codes of City of Arcadia including the necessary parking. with the -1- 5062 L. That applicant Arcadia Townhomes West's condominium development waS constructed and sold at a time when subject nine assessor's tax parcels were already zone C-2. M. Applicant now has the legal right under the zoning ordinances to erect upon the Parcel Map property nine separate commercial type buildings which can be leased to many different tenants. Such improvements would have approximately the same amount of square footage as the proposed supermarket and would have approximately the same number of parking spaces. N. Reversion of said nine parcels to acreage for the purpose of consolidating them into one parcel will result in a more orderly and harmonius commercial develop- ment in the neighborhood in which it is located and will benefit the implementation of the Arcadia General Plan. O. That there are no dedications or offers of dedication to be vacated Or abandoned by the reversion to acreage accomplished by the consolidation of nine assessor's tax parcels into one tax parcel by TPM 82-3. P. That the evaluations of the environmental impacts as set forth in the initial study for TPM 82-3 are appropriate and that TPM 82-3 will not have a signi- ficant negative effect on the environment and, therefore, we hereby ratify the prior approval of the Negative Declaration. Q. That we hereby ratify our August 17, 1982 finding that TPM 82-3 is categori- cally exempt from the requirements of the California Environmental Quality Act as a reversion to acreage pursuant to Section 15105 'of the State EIR Guidelines. R. That TPM 82-3 together with the prov~s~on for its design and improvement is consistent with the Arcadia General Plan and that the discharge of sewage from Parcel into the public sewer system will not violate r"quirements prescribed by the California Regional Water Quality Control Board for this region. SECTION 2. That the appeal of Arcadia Townhomes west, is denied and the decision of the Planning Commission is sustained and we hereby approve TPM 82-3 subject to the following conditions: A. executed tance of That TPM 82-3 shall not take effect until the owner and applicant have a form available at the Planning Department indicating awareness and accep- the conditions of approval. B. The preparation and recordation of a parcel map in accordance with the re- quirements of the State Subdivision Map Act. The map shall be submitted to the County Engineer for checking, and after checking, the County Engineer's letter re- commending approval and map shall be submitted to the City Engineer for map certification. C. Dedicate five feet at the south side of subject property to provide for a thirty foot right of way from centerline of Naomi Avenue. D. Construct full parkway width sidewalk, close existing driveways not be to used, and plant parkway trees on Naomi Avenue and on Duarte Road in accordance with Plans to be approved by the Director of Public Works. Note: tion of the required. If the above improvements have not been completed prior to the recorda- parcel map, a Faithful Performance Bond acceptable to the City shall be E. Arrange for utility services and dedicate necessary easements to utility companies. F. Fees required: Final Approval Fee Map F..e $50.00 $10.00 $60.00 G. The items B through F above are to be complied with to the satisfaction of the Director of Public I,orks in accordance with the applicable provisions of the Arcadia Municipal Code. -2- 5062 " 81 ,'- , · 'Y-rf!J >0' \ A 1'\ \I\ t::. ... (T6 0) - r i\, :-- ~ pup' __ --i!f _ l A 1'\ \ PL J-\I'\\ \ "'i'~ c: /~ \"\ r \'0\ \"\ G _ I~( -r ' "8Ja1 .:::.>rrU ~/ ! -rr~ r --'.3 "'\,,\0 \ TO-,8 \ \r\ , M ' 8, \-r;}-\ ~~ -r r~ ~ C " t pp.~\Z\ i,K1 4 \ @ \: ,~~ \ j~ \ f_ " \:,_1/. e--- \ \ '>5\L---' \ \~ ,L-----"U, I \ ~\5~~~~_-:J II '\ 'lll; '" ... ....... _ '" OJ I r -< ",0 ,J-~-; JM*::; ....., <<> ~L I, 11 '...> ---r-~\-- \:' '. \'""( I I II ~'!~ 0__....., \ \ I ~V: -~,,' \ ~-S~ \ \ '( C/~'~ ,(J::') J: , , \ \ '-0, (Y, r: ~~ 0' , \7 '..\..>- ''', .:Z ./ \ 't--, 0...... 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LAND USE & ZON ING EXHIBIT "A" I 3,'3 ki'.A.A. ,s-o,,; po- 5EC7:0:: 1. ::-..H cCte Clerk of t!',e Council shall cercif\' to t~e. adoption of this resolution. r HEREBY CERTr~' teat the foregoinc resolution was adopted atan adjourned regular meeting of the City Council of the City of Arcadia held on the 24th day of August, 1982 b\' the affiIT.\.1tive vote of at least three Councilmen, to wit: AYES: Councilmen Haltom, Hannah, Lojeski & Pellegrino NOES: None ABS ENT: None ABSTAIN: Councilman Dring ~~~J~ City Clerk of the City of Arcadia SIGNED /~~ /~PROVED this 24th day of August, 1982. Q0~~~O Hayor of the Hy of" adia ~~~ City Clerk ....:.. , . -3- 5062