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HomeMy WebLinkAbout5380 v RESOLUTION 5380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE PLANNING COMMISSION'S DECISION GRANTING TENTATIVE MAP 45791 FOR A NINE LOT SUBDIVI SION LOCATED AT 1435-1511 SOUTH EIGHTH AVENUE WITH CONDITIONS AND FINDINGS WHEREAS, on Augnst 18, 1987, an application was filed by Michael J. Barthelemy for a tentative map to create a nine lot subdivision (seven new single- family lots and two existing single-family lots), Planning Department Case No. Tentative Map 45791 on property located at 1435 to 1511 South Eighth Avenue and 717-723 East Camino Real Avenue, more particularly described as follows: portions of Lots 73 and 74, Tract No. 808 in the City of Arcadia, County of Los Angeles, State of California as per Map recorded in Map Book 16, Pages 82 and 83 in the County Recorder's office. WHEREAS, a public hearing was held before the Planning Commission on September 8, 1987; and WHEREAS, after a public hearing the Planning Commission voted 4-0 with one member absent to approve Tentative Map 45791 for a nine lot subdivision; and WHEREAS, on September 18, 1987, Harold Ellis the property owner of 1504 South Eighth Avenue appealed the Planning Commission's approval; and WHEREAS, on October 20, 1987 the City Council heard the appeal of Harold Ellis; and WHEREAS, as part of the record of this hearing the City Council reviewed and considered: a. All staff reports and related attachments and exhibits submitted by the Planning Department to the Planning Commission and City Council. -1- 5380 b. The record of the Planning Commission hearing regarding Tentative Map 45791. c. Written communications submitted by the Appellant. d. All oral presentations and testimony made during the public hearing on October 20, 1987. e. The City's General Plan. WHEREAS, after deliberation the City Council voted 5-0 to approve the proposed tentative map and authorize the Director of Public Works to approve and execute the subdivision agreement and directed preparation of this Resolution to reflect the Council's decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. This Council finds: 1. That the evaluations of the environmental impacts as set forth in the attached initial study are appropriate and that the project will not have a significant effect l:)n the environment and, therefore, move to approve and file the Negative Declaration; and 2. That thE~ proposed subdivision, together with the provisions for its design and improvement, is consistent with the Arcadia General Plan designation of single-family residential 0-6 du/ac. The Economic Summary of the General Plan states ''New developments should be planned to attract the higher end of the present market" and one of the goals of the General Plan is "to preserve and enhance high quality residential areas throughout the city, emphasizing the city's dominant single-family character and quality." The General Plan does not set forth a policy of "enhancement of equestrian areas". The Recreational Element, of the General Plan, however, recommends "that the City encourage the development and -2- 5380 maintenance of private equestrian facilities in conjunction With public facilities, where appropriate." This tract is not adjacent to any equestrian facilities. 3. That With the exception of Lots 4, 5 and 8 for which modifications have ~n approved, all lots comply With the code requirements. Lots 4 and 5 are deficient in lot Width at the setback line, however, this deficiency would not prohibit development of these lots Within the specified code requirements. Lot 8 is an existing lot fronting on Olmino Real which is deficient in lot Width at the property line and setback line, however no changes are proposed to this lot. 4. That in response to the comments of Mr. Ellis in his appeal letter that "the same and equal protection from adjacent subdivision that the city has extended to large segment of the citizens of Arcadia predominantly north of Huntington Drive", it is determined that the City has :;~ven different single-family residential zone classifications. These different classifications provide for five different minimum lot area requirements, different minimum lot dimensions, different building set backs and other requirements. By having different requirements a greater range of housing opportunities and living environments is made available for the present and future residents of the City. In several instances persons living Within some sections of the City have gotten together and representing a majority of residents Within their area have filed zone change requests to increase the minimum lot size requirements and/or establish homeowner associations for their area. Property owners Within any area of the City may file an application for a change of zone for the establishment. of larger lot requirements or the establishment of homeowner associations, however, any such application should clearly represent the majority of property owners Within the area. Tentative Map 45791 creates a subdivision that is a permitted use in the R-l zone. -3- 5380 5. That Mr. Ellis' desire to prohibit the creation of new lots within his neighborhood is !lOt sufficient cause for denial of a Tentative Map application wtlich otherwise i.s consistent with the existing code requirements, and O. That the discharge of sewage from the subdivision into the public sewer system will not violate requirements prescribed by the California Regional Water Quality Control B<lMd for this region. SECTION 2. That for the foregoing reasons this Council denies the appeal filed by Harold Ellis and upholds the Planning Commission's approval of Tentative Map 45791 subject to the following conditions: 1. Conditions as outlined below from the Department of Public Works shall be complied with to the satisfaction of the Dire<:tor of Public Works. a. The preparation and recordation of a tract map in accordance with the requirements of the state Subdivision Map Act The map shall be submitted to the County Engineer for che<:king, and after che<:king, the County Engineer's letter recommending approval and map shall be submitted to the City Engineer for map certification. Concurrent with the map being submitted to the County Engineer for che<:ldng, the applicant shoUld submit a copy of the City's conditional requirements to enable the County Engineer to che<:k for applicable conditions. b. Submit grading and drainage plan prepared by a registered civil engineer subje<:t to the approval of the Dire<:tor of Public Works. c. Removal of buildings, structures, and fences from the property shall be arranged with the Dire<:tor of Public Works to his satisfaction. d. Design and construct 8" main line sewer with 0" house laterals. e. Existing parkway trees in good condition shall remain and sidewalk will be constructed around them to the satisfaction of the Department of Public Works. -4- 5380 f. Driveway shall be located so as not to conflict with mature parkway trees. g. Close existing driveways not to be used and reconstruct curb, gutter and sidewalk to match existing. h. Construct P.C.C. sidewalk, as per City standard. i. Construct 18 inch P.C.C. gutter. j. Construct P.C.C. driveway apron according to Arcadia Standard Drawing No. S-l1. k. Construct P.C.C. ramp for the handicapped per City of Arcadia Standard Drawing Nc.. S-22. 1. Arrange for underground utility service and dedicate easements to utility companies. m. Arrange with Edison Company to install street lights with underground circuits. Locations and number of lights subject to approval of the Director of Public Works. n. Paint house numbers on curb face per City standards. o. SUbmit water and street improvement plans per City standards. p. New centerline ties set as part of this subdivision must be submitted before fitlal acceptance of project. q. Pay tne following fees and deposits: Stop Sign Street Sign Street trees (to @ $40) Final Approval (9 @ $25) Map Foo $125.00 125.00 400.00 225.00 10.00 $885.00 NOTE: All survey monuments, centerline ties and survey reference points shall be protected in place or re-established where disturbed. This work will be the responsibility of the permittee and shall be at the permittee's expense. -5- 5380 2. Water service shall be provided to the satisfaction of the Water Manager. S. Fire safety shall be provided to the satisfaction of the Fire Chief. 4. That the maximum finished grade of each new lot (not including pad area) shall not exceed 1.5' above the finished grade of any existing adjoining lot. 5. That a tree preservation plan identifying by size and type all trees with a diameter in excess of 6" shall be presented to the Planning Department for its review and approval prior to the issuance of a grading permit. 6. That building permits will not be issued for said project until a Rough Grading Certificat& certifying that all grading has been done in substantial compliance with the final grading plan approved by the City Engineer has been received and approved by the City Engineer. 7. That a Final Grading Certificate certifying that all finish grading operations have been completed in substantial compliance with the final grading plan approved by the City Engineer has been received and approved by the City Engineer. 8. That the houses on proposed lots 1 and 7 shall be designed so that the elevations fronting on the new street and Eighth Avenue are treated architecturally consistent and said plans shall be submitted to the Planning Department for its review and approval. 9. That the City Council shall approve the substandard lot width of Lots 4, 5 and 8. 10. That a modification for an 18!,' setback be granted for the existing garage on Proposed Lot 9, in lieu of 25' required. 11. The rear building elevations for the homes on Lots 2, 3, 4 and 5 shall be designed to minimiZe the impact on privacy of the adjacent homes. Plans for the above homes shall be submitted to the Planning Department for review and approval prior to issuance of building permits. -6- 5380 12. That Tentative Map 45791 shall not take effect until the owner and applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. SECTION 3. The City Qerk. shall certify to the adoption of this Resolution. Passed, approved and adopted this 3rd day of November, 1987. ~a;::; Mayor of "'. City of Arcadia AITEsr: ~ City Qerk of the City of Arcadia -7- 5380 STATE OF CALIFORNIA) COUNTY OF WS ANGELES) SS: CITY OF ARCADIA) I, CHRI STINE V AN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5380 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 on the 3rd day of November , 1987 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chandler, Harbicht, Lojeski, Young and Gilb NOES: None ABSENT: None -8- f!j~~ City Clerk of the City of Arcadia 5380