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HomeMy WebLinkAbout5274 RESOLUTION NO. 5274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING DEVELOPMENT PERMIT R.M. 85-1 FOR A 23 LOT SUBDIVISION IN THE R-M RESIDENTIAL MOUNTAINOUS SINGLE-FAMILY ZONE, NORTH OF THE WHISPERING PINES ESTATES DEVELOPMENT, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, on January 7, 1986, the City Council heard the appeal filed by Nick Pokrajac, H. Randall Stoke and persons representing 15 properties in the area, concerning Development Permit 85-1 for a 23 lot subdivision in the R-M Residential Mountainous Single-Family Zone located north of the Whispering Pines Estates Development, and WHEREAS, on March 2l, 1984, a duly noticed public hearing was conducted by the City Council on the Draft EIR for this proposed project, at which time all interested parties were given full opportunity to be heard, and WHEREAS, on May 1st, 1984, the City Council certified, found and determined that the Final EIR containing all written and verbal comments, recommendations and responses thereto received on the Draft EIR, had been completed in compliance with CEQA and the City of Arcadia regulations implementing CEQA, and WHEREAS, the following criteria were assessed in consideration of R.M. Permit 85-l: l. Extent of grading required for the reasonable use of the property. 2. Visual impact of the proposed project. 3. Relationship of the proposed project to adjoining properties and/or structures. -1- 5274 4. Adequacy of proposed landscaped areas, drainage facilities, erosion control devices and other protective devices. 5. Adequacy of fire equipment access. 6. Extent of preservation of existing ridge in crestlines. 7. Extent of attempt to have roads following existing contours. 8. Developability of sites. WHEREAS, the City Council considered the previous proceedings of the Planning Commission, exhibits and written material presented for the hearing of January 7, 1986 including City staff reports and testimony of witnesses all of which constitute the record of the hearing, and WHEREAS, after deliberation the Gity Council voted 3-2 to deny the appeal and approve R.M. Permit 85-1 and directed preparation of this resolution to formally reflect their decision and findings, and WHEREAS, on January l3, 1986, the City Council voted 4-l to amend the motion previously adopted at the January 7, 1986 meeting by deleting the condition that Lots 8, lO, II and l2 be restricted to single-story homes with a maximum height of 20 feet and WHEREAS, Arcadia Municipal Code Section 9250.5.12 requires a resolution to formalize the decision of the City Council to approve the proposed use set forth in R.M. Permit application 85-l subject to compliance with conditions set forth in this resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section l. Findings regarding R.M. Permit 85-1, modifications, and statement of overriding consideration. -2- 5274 l. The use applied for at the location indicated is properly one for which a Development Permit is authorized. 2. The granting of such Development Permit will not adversely affect the General Plan. 3. The Environmental Impact Report notes that the design of the subdivision does not conform to the requirements of the hillside development ordinance in that the grade and length of the driveway to Lots l2 through l4 exceed that allowed by code. Mitigation Measures: The 20' wide road serving lots 12 through l4 will be required to provide a turn-around area for emergency vehicles and be capable of supporting the imposed loads of fire apparatus without damage. Also all buildings on Lots l2 and 13 will be required to provide additional fire protection, i.e., fire sprinkler and alarm systems due to their location and distance from the termination of street "en. This 20' wide road will have a maximum l5% grade. The Fire Department has noted in their September 30, 1985 memo that the "l5% grade is acceptable and can be negotiated by h' 1 " emergency ve lC es . 4. The Environmental Impact Report identified that the grading and construction of 22 single-family homes on the ridgeline and construction of a water reservoir on Lot l4 will be visible for miles. Mitigation Measures: The applicant has indicated that landscaping will be an integral part of the subdivision and the following conditions have been required to mitigate this impact: (l) that all graded slopes must be planted with fast-maturing species as soon as possible after grading is completed, (2) that all slope -3- 5274 planting must include evergreens to mask the grading year-round, (3) that a minimum 24" box trees be planted around the perimeter of the water tank to screen the tank from view, (4) that the water tank shall be painted in earth-tone colors or camouflaged patterns, (5) that no stem wall construction will be permitted; (6) night-lighting shall be of low-intensity and directed down and away from adjacent properties; (7) that if the slope height is greater than 20 feet then the setback from the top of the slope shall be not less than 20 feet. Overriding Statements: The EIR indicates that homes further down the hill and across the Santa Anita Wash will have a clear view of the proposed development and conversely will be clearly visible from the subdivision, however, "in this case, distance mitigates the privacy impacts." One of the overriding considerations relating to the visual impact of the project is that the development of this project will result in decreasing the potential for hillside fires and will result in additional revenues to the City both through property taxes and indirect taxes. The Council realizes that the concern regarding visual impact is highly subjective, but based upon the evidence and testimony presented, the Council finds that this project will be consistent with the aesthetic character of the community and that with the landscaping proposed, as evidenced in the adjacent development, this project would be an asset to the community. 5. The Environmental Impact Report notes that there will be removal of native vegetation from 70 percent of the site and the subsequent introduction of non-native species as well as the -4- 5274 destruction of animal habitats and displacement of some animals as a result of grading and construction. Mitigation Measures: As conditions of approval the developer will be required to plant all graded slopes with fast-maturing species as soon as possible after grading is completed; and will be required to plant all slopes with evergreens. 6. The EIR notes that the gra~e of the streets and driveways exceeds the maximum 6 percent set in the hillside development ordinance and that access to the proposed subdivision is limited to a single private street and exceeds the length allowed in the R-M zone. Street "e" has horizontal curves with a centerline radius of less than 200 feet. Mitigation Measures: The site abuts streets adequate in width and pavement type to carry the kind of traffic generated by the proposed development. Although the total length of the cul-de-sac exceeds the maximum length allowed by code, there will be only 46 residential lots within the private development. The Environmental Impact Report (EIR) notes that the subdivision will add 220 additional trips to the existing traffic (23 trips at the peak hour). The EIR states that "none of the streets in the area are expected to exceed design capacity as a result of approval of this Tentative Map". The EIR further states that "the environmental capacity of an access street normally is considered to be l,500 to 2,500 vehicles per day. The increase in average daily traffic on Sycamore Avenue just west of the intersection with Oakglen from 800 trips (no project) to 1,020 trips with the project would mean a post-project flow of 5l percent of -5- 5274 the acceptable environmental capacity as opposed to the current 40 percent. This is not a significant impact." A 20' wide paved access road will be provided for emergency purposes. The streets in the existing development to the south are 10% with transition areas of 15%. The applicant is proposing street grades of 10% for Streets "A", "8" and "C" and the extension of Whispering Pines Drive. The 20 foot wide roadway to serve lots l2 through l4 will have a l5% grade. The 20 foot wide secondary access road will also have a 15% grade. The Fire Department indicated in their memo dated September 30, 1985, that the "l5% grade is acceptable and can be negotiated by emergency vehicles. However, this is the maximum grade that should be permitted. This grade can be compared to the access road to Wilderness Park, which is frequently used by fire pumpers without difficulty". The Fire Chief noted in public testimony that there are no fire regulations governing cul-de-sac street lengths and that the Fire Department does not have any problem with the length of the cul-de-sac although a secondary access is always desirable for emergency purposes. The centerline radius Street "C" is considered acceptable because the street serves eleven lots which generate a minimum amount of traffic. The Fire Department had no concerns regarding this radius. 7. The Environmental Impact Report states that the water supply and pressure is not available for domestic use and fire suppression. Mitigation Measures: The applicant is proposing to construct a reservoir on Lot l4. This reservoir will have a minimum capacity of 3l0,OOO gallons to provide for both fire protection and domestic -6- 5274 requirements. A booster station will be used to pump water from the existing water system to the new reservoir. Private booster pumps will be required on some of the lots to bring water pressure up to acceptable levels for domestic use. 8. The ErR notes that in regards to Fire Protection, the site is located in a fire hazard zone and access to the site is limited to a single private street; that access to Lots l2 and l3 is limited to a narrow driveway with no turn-around and the maximum grade on the driveway to Lots l2 and 13 and the Water Reservoir exceeds the lO percent required by City Codes. Mitigation Measures: The site is currently a fire hazard area because the existing coastal sage scrub is subject to brush fires. A 200 foot green belt will be required around and adjacent to all structures to provide an effective firebreak. The Fire Department's evaluation of this project was not based on the secondary emergency access as proposed because it probably would not be available when needed. The paved roadway does not extend to a public right of way and is not considered acceptable vehicle access. The Department notes, however, that there is value in maintaining the access roadway as proposed in order to allow residents a second way out of the area should an evacuation be necessary. The Fire Department also recommends that an emergency access be provided either at the northeast portion of the subdivision through the property located in Monrovia and/or at the southwest corner of the subdivision through the Flood Control District's property. -7- 5274 The following conditions of approval will be required: (1) driveways in excess of l50 feet in length shall be 20 feet wide with adequate turning radius capable of supporting the imposed loads of fire apparatus without damage. Said driveways shall have l3'-6" vertical clearance and shall be provided with provisions for turning around fire apparatus. A hammer head is an acceptable alternative; (2) development of Pads l2 and l3 will be contingent on meeting the required fire flow and all buildings constructed on Pads l2 and l3 will be required to provide additional fire protection, i.e., fire sprinkler and alarm systems due to their location and distance from the termination of Street DC"~ as designated on the Tentative Map 42936. 9. The Environmental Impact Report notes that the proposed project involves moving 400,000 cubic yards of earth to create 22 building lots and that cut and fill slopes will be highly visible and subject to erosion. Also, the proposed project is located within one- half mile of the Raymond HIll earthquake fault and would be subject to several earth shaking in the event of a major earthquake. Also, cut and fill slopes will be at a ratio of l.5:l rather than the 2:l slopes as recommended in the Uniform Building Code. Mitigation Measures: Appendix 70 of the Uniform Building Code allows cut and fill slopes of 2:1 unless otherwise recommended in the approved soil engineering and/or engineering geology report. Based upon laboratory tests and stability analysis completed by Leighton & Associates and Converse Consultants the l.5:l cut slopes and l.5:l fill slopes up to 200 feet would be acceptable conditioned -8- 5274 upon continuous inspection of cut and fill construction and compaction tests of fill areas. All slopes will be planted with fast-maturing landscaping as soon as possible after grading is completed. A licensed geologist will monitor all grading activity as it occurs to ensure the stability of all cut and fill slopes. All grading will be balanced on the site; there will be no export or import of dirt. Conditions of approval require that grading operations shall be limited to the. dry season and shall comply with the Arcadia Municipal Code. 10. The EIR notes that construction will introduce impermeable surfaces and thereby increase runoff. Mitigation Measures: Conditions of approval require that hydrology calculations that cover the entire area of the proposed development must be submitted with preliminary street and grading plans to the Public Works Department for its approval. The storm- drain system will channel runoff from the site directly into the Santa Anita Wash, requiring approval by the Los Angeles County Flood Control District. ll. The Environmental Impact Report identified short-term noise impact from construction; however, this will be mitigated by the restricted working hours which are 7 a.m. to 5 p.m. Monday through Saturday. 12. The City Council of the City of Arcadia finds and declares that approval of R.M. Permit 85-l with the mitigating factors and conditions set forth in this Resolution is consistent with the health, safety and general welfare of the City as related to the hillside and -9- 5274 valley areas of the City of Arcadia. It is further determined that the application for R.M. Permit 85-l should not be denied in terms of the purpose of R.M. Zone requirements and specific grounds for denial set forth in Section 9250.5.9(b) of the Arcadia Municipal Code. Section 2. Findings regarding project alternatives: l. "No project" would result in: (l) the preservation of the area's rural character which is enhanced by the project site's open space; (2) the retention of the site's undisturbed ridges and canyon for consideration for other development plans or for a non-residential use, i.e., park area; and (3) retention of the site's flora and fauna and the concommitant impacts of preservation of these resources. The disadvantages of the "no project" alternative are: (l) the area would remain a high fire risk; the proposed project will provide landscaped areas that can, to a limited extent, provide fire-retardant plant materials in an area susceptible to hillside brush fires; (2) continuation of existing storm drainage patterns with associated mudflow and landslide hazards for homes in the first phase of Whispering Pines. The proposed project would channel this runoff directly into the Santa Anita Wash and Flood Control Channel; (3) the city will not realize additional property tax revenues; and (4) the property owner will not realize a reasonable use of the property. 2. The "Higher Density Single-Family Cluster Development" alternative could result in: (l) less grading with associated nuisances than the proposed plan; (2) more property tax revenue for the City; and (3) more affordable housing on a prime hillside site. The possible disadvantages to this alternative are: (l) higher -10- 5274 density development in an area of estate lots; (2) increased traffic on Whispering Pines Drive, Oakhaven Road and Sycamore Avenue; (3) increase consumption of water and generation of sewage in the area; and (4) increased construction resulting in increased noise, air pollution and traffic nuisance. 3. The "Fewer Estate Lots" (l9 lots) alternative could result in: (l) less grading with associated problems than the current plan necessitates; (2) elimination of the steep, narrow, four-hundred foot long private drive as access to the two northernmost parcels; (3) reduced demand for services of all types because of the reduced number of dwelling units. The disadvantages of this alternative are: (l) more of the site would remain as open space subject to brush fire hazards; (2) reduced property tax revenues to the City; (3) it would not resolve the problem of providing secondary, emergency access; and (4) combining some of the lots as noted as part of this alternative would not significantly change the design of the subdivision. Nineteen lots would not make a significant difference in terms of vehicle-trips per day (l90 as compared to 220); water use (20,000 as compared to 23,300) and sewage (4,135 as compared to 4,785 gallons per day). Section 3. Conditions to R.M. Permit 85-l 1. That the applicant shall submit a landscape and irrigation plan to be reviewed and approved by the City. a. That all graded slopes must be planted with fast-maturing species as soon as possible after grading is completed. -ll- 5274 b. All slope planting must include evergreens to mask the grading year-round. c. Pinus canariensis or equivalent shall be planted around the perimeter of the water tank. 2. That slope easements be provided for all earth work proposed on property not contained within the proposed tentative tract map. Said slope easement will be subject to the review and approval of the City Attorney. 3. That a field geologic exploration program shall be performed in conjunction with a soil engineering field exploration program as recommended in Converse Consultant's preliminary geologic report. That, if based upon the field geologic exploration program, the 1.5:1 slopes are appropriate for this area, a modification is granted for the l.5:l cut and fill slopes. 4. That if an agreement is worked out between the applicant and the adjacent easterly property owner, that the easterly slope shall be gradually graded or day lighted subject to the written approval of the Public Works Department and Planning Department. 5. That if an agreement is worked out with the adjacent property owner to relocate the reservoir in the City of Monrovia, that all necessary easements are obtained per the requirements of the Water Manager and that said site is deeded to the City of Arcadia. Said location of the reservoir shall also be subject to the written approval of the City of Monrovia. 6. All lots shall comply with the minimum lot area requirement of l5,OOO square feet. -l2- 5274 7. That the water tank shall be painted in earth-tone colors or camouflaged patterns. 8. That no stem wall construction shall be permitted. 9. That night-lighting shall be of low-intensity and directed down and away from adjacent properties. 10. On Lots 5, 9, 19, and 23 the front of the lots shall be deemed to be that side of the lot which is at street grade. ll. If the slope height is greater than 20 feet then the setback from the top of the slope shall be not less than 20'. l2. The preparation and recordation of a tract map shall be in accordance with the requirements 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 recommending approval and the map shall be submitted to the City Engineer for map certification. l3. Submit a grading and drainage plan prepared by a registered civil engineer subject to the approval of the Director of Public Works. This work shall include plans and procedures for drainage and erosion control during the course of construction. 14. Provide all necessary easements and install all utilities underground. l5. Install all standard street improvements including City standard concrete sidewalk adjacent to curb and ramps for the handicapped in accordance with plans to be approved by the City Engineer. l6. P.C.C. driveway aprons shall be constructed concurrently with curb and gutter construction. Driveways to each pad shall be provided -l3- 5274 and paved with asphalt from the back of driveway apron to the pad for erosion control. l7. The minimum street centerline radius shall be based upon a 25 mph vehicular speed. Street driveway grades shall not exceed l5%. l8. Remove all trees and structures within the street right-of- way and all buildings within the tract boundary. 19. Arrange with Edison Company to install street lights with underground circuits. Location and number of lights will be subject to the approval of the City Engineer. 20. Hydrology calculations that cover the entire area of the , proposed development (and tributary areas) shall be submitted with preliminary street and grading plans. These calculations should show existing street capacities, proposed street capacities, catch basins and connector pipes where required, total Q from areas, how they are split by proposed development and all based on L.A. County Flood Control data. All storm waters developed within the proposed development shall be intercepted and conveyed to the Santa Anita Wash by properly designed storm drain system. Since the proposed storm drain for the project flows onto L.A. County Flood Control District property, the design of the drain must be approved by the District. 21. The developer will be required to submit verifications to the City of his rights to grade outside the limit of the proposed subdivision. 22. Grading operations shall be limited to the dry season and shall comply with the Arcadia Municipal Code including but not limited to the following: -l4- 5274 a. Prior to approval of grading plans, soil recommendations, engineering, and testing shall be made by a soil engineering firm agreeable to both the City and the developer; a geologist report will also be required. b. Drainage benches, erosion control, slope planting and an irrigation system shall be required. Locations of benches and slope planting to be determined after review of soils investigation report. c. All cuts and fills adjacent to developed properties shall be subject to review. Excessive cuts and fills that may be detrimental to said properties will not be allowed. d. Continuous inspection of cut and fill construction shall be required and compaction tests of fill areas will be made on a continuing basis by a firm acceptable to the City at the expense of the developer. All unforeseen conditions shall be resolved to the satisfaction of the soils engineer and the City. 23. In addition, the following items need to be resolved to the satisfaction of the Public Works Department. a. Location of any structure or tree with a 6" diameter or larger. b. Pad elevation of Lot 20. c. Drainage of the water on Lot l3. d. Letter granting the use of LACFCD land for the access road. e. Width, slope, horizontal radius and where the access road leads, -l5- 5274 24. The developer shall pay the following fees and deposits: Street sign installation (2 @ Street trees (92 @ $40) Final Approval Fee (23 @ $25) Map Fee $l25) $ 250.00 3,680.00 575.00 10.00 $4,5l5.00 25. The developer shall post a bond for the required improvements in an amount and form satisfactory to the City prior to the issuance of a grading permit. 26. That the City Council authorizes the Director of Public Works to approve and execute the subdivision agreement for this tract. 27. The reservoir shall have a minimum capacity of 3l0,OOO gallons to provide for both fire protection and domestic requirements. Based on a pad elevation of 940 feet, the reservoir shall be 40' in diameter by 36' high, with a design water level of not less than 970 feet elevation. 28. Provision must be made to the satisfaction of the Water Manager to take the reservoir out of service for cleaning and repair either by having two separate smaller reservoirs or by a dividing wall separating one reservoir into two parts. 29. The reservoir lot (Lot l4) shall be deeded to the City. 30. The developer shall provide underground power and telephone service so that the reservoir and booster station can be integrated into the City central telemetry system for remote control. Also the developer shall make the necessary modifications and additions to the central telemetry system to operate the reservoir and booster station by remote control. -l6- 5274 3l. The developer shall provide a booster station, located at approximately the south tract boundary to pump water from the existing water system to the new reservoir. The booster station shall have one 200 GPM, 10 horsepower and one 100 GPM, 5 horsepower pump. The station shall be designed to blend with the surrounding properties and not be objectionable as far as noise and appearance. 32. The developer shall provide the booster station with underground power and telephone service which shall be integrated into the City central telemetry system for remote control. 33. Developer shall provide an easement for the booster station if necessary. 34. The developer shall install private booster pumps to provide the minimum design pressure of 40 PSI to all the proposed lots. These private, individual booster pumps (hydro-pneumatic systems) will be required for lots lO, ll, l2, l3, l5, l6, and 17. 35. Individual booster pumps shall be installed by the developer. The ongoing power and maintenance costs of these booster pumps shall be at the property owner's expense. 36. The necessary pipelines, valves, fire hydrants, service lines, meters and appurtenances shall be installed at the developer's expense. Easements for these facilities shall be provided where necessary. 37. Pipelines shall be sized to provide a minimum fire flow of 2,000 GPM AT '20 PSI residual pressure as required by the Fire Department. -l7- 5274 38. Fire'hydrants shall be spaced so that no structure is more than 300 feet from the nearest fire hydrant. 39. The reservoir, booster station, domestic water system and telemetry controls shall be installed in accordance with plans and specifications approved by the City Water Manager and at the developer's expense. 40. The subdivision will require approximately eight fire hydrants installed and wet prior to any framing construction. 41. Hydrant spacing shall be approximately 300 feet, but in no case greater than 500 feet apart. In addition, the furthest point to any structure must be within 300 feet of a fire hydrant. 42. The minimum fire flow shall be 2,000 G.P.M. at 20 P.S.l. with a two (2) hour duration available 24 hours per day. 43. Driveways in excess of l50 feet in length shall be 20 feet wide with adequate turning radius capable of supporting the imposed loads of fire apparatus without damage. Typical weight of apparatus is approximately 30,000 Ibs. Said driveways shall have l3 feet 6 inch vertical clearance and shall be provided with approved provisions for turning around fire apparatus. A hammer head is an acceptable alternative. 44. All security gates shall be a minimum of l2 feet wide with a l3'6" vertical clearance and shall have an approved key over-ride to allow Fire Department access. 45. The emergency access road being proposed south of lot land terminating in the flood control basin shall be constructed of all- weather driving surface with an unobstructed width of not less than 20 -18- 5274 feet, with a minimum 32 foot turning radius capable of supporting the imposed loads of fire apparatus and with a minimum of l3 feet 6 inch vertical clearance. 46. Access to this tract from the northeast property line shall not be precluded and the proposed roadway north of the water reservoir shall be provided for possible future use. 47. Development of Pads l2 and l3 will be contingent on meeting the required fire flow and all buildings constructed on Pads l2 and l3 will be required to provide additional fire protection, i.e., fire sprinkler and alarm systems due to their location and distance from the termination of street "C". Said Fire protection shall be subject to the review and approval of the Fire Department. 48. A 200 foot green belt shall be provided and maintained around and adjacent to all structures to provide an effective firebreak. This will require the removal of flammable vegetation or other combustible growth. 49. This application shall not take effect until the owner and the applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval Section 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of January 1986 M.J2~ -l9- 5274 ATTEST: ~ 5Ya4 City Clerk of the City of Arcadia STATE of CALIFORNIA) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA) I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5274 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 21st day of January ,l986 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmen Gilb, Hannah, Lojeski and Pellegrino NOES: Councilwoman Young None ~ ~ ABSENT: City Clerk of the City of Arcadia -20- 5274