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HomeMy WebLinkAbout1880 RESOLUTION NO. 1880 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 13-09, MODIFICATION NO. MC 13-13, MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-06, AND OAK TREE ENCROACHMENT PERMIT NO. 13-39 WITH A CLASS 32 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 31 S. SECOND AVENUE WHEREAS, on March, 2013, an application was filed by Mr. Benjamin Zhu for the design review of a three-unit residential condominium development at 31 S. Second Avenue, Development Services Department Case No. MFADR 13-06; and WHEREAS, on June 20, 2013, applications were filed by Mr. Benjamin Zhu for the encroachment into the street-side yard setback and the encroachment into the protected zone of two oak trees at 31 S. Second Avenue, Development Services Department Case Nos. MC 13-13 and THE 13-39; and WHEREAS, on August 26, 2013, an application was filed by Mr. Benjamin Zhu for the subdivision of a three-unit condominium development at 31 S. Second Avenue, Development Services Department Case No. TPM 13-09 (72489); and WHEREAS, a public hearing was held by the Planning Commission on October 8, 2013 at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated October 8, 2013 are true and correct. SECTION 2. This Commission finds: 1. That the proposed project together with the provisions for its design and improvement is consistent with the City's General Plan, the City's Multiple-Family Residential Architectural Design Guidelines, and the City's Oak Tree Preservation Regulations. 2. That the discharge of waste from the proposed project into the community sewer system will not violate existing requirements prescribed by a California Regional Water Quality Control Board. 3. That this project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission approves TPM 13-09, MC 13-13, MFADR 13-06, and THE 13-39 for a three-unit residential condominium development at 31 S. Second Avenue, subject to the following conditions: 1. All City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees, and shall include, but shall not be limited to the following: a. Provide separate was meter for each unit with a separation of fire service from domestic water service by an approved double-check back flow device, Subject to the approval by the Public Works Service Director, or designee. Provide a separate -2- 1880 water meter for the common area landscape irrigation. The backflow preventer on the common area irrigation shall be a Reduce Pressure Backflow Assembly as approved by the Public Works Services Department. b. Obtain an encroachment permit from the City prior to the commencement of any work in the public rights-of-way. c. Isolate all fire services from domestic water services with approved back flow prevention devices. d. Provide separate water service and metering for landscape irrigation. e. Protect the existing Oak trees in place with the protection measures recommended by the Arborist, which are subject to the approval of the Public Works Arborist. f. Pay the following fees prior to approval of the Parcel Map: A Map Fee of $100.00 and a Final Approval Fee of$25.00 for a total of$125.00. g. Construct, or enter into a subdivision improvement agreement with the City and post security for all the public improvements shown on Tentative Parcel Map No. 13- 09 (72489) prior to approval of the Parcel Map, regarding the following required items: • Install new street trees, which shall be shown on the Grading Plan and located in the City Parkway along S. Second Avenue and/or Alta Street per the City of Arcadia Street Tree Master Plan, all subject to the approval of the Public Works Arborist. • Construct new driveway approaches per City of Arcadia Standard Plans if determined to be necessary by the Public Works Services Director or designee. h. Submit a Standard Urban Stormwater Mitigation Plan, which is subject to approval by the City Engineer, prior to the issuance of a building permit. -3- 1880 i. Choose two Low Impact Development (LID) methods from the LA County LID Manual, which shall be incorporated into the project design, subject to approval by the City Engineer. j. Construct a new sidewalk along the entire frontage of the site if determined to be necessary by the Public Works Services Director or designee. k. Replace the curb and gutter on S. Second Avenue and Alta Street if determined to be necessary by the Public Works Services Director or designee. I. Provide gates with Knox switches, subject to approval by the City Fire Marshal. m. Install an automatic fire-sprinkler system per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard for residential areas. n. Provide a fire hydrant along the frontage of Second Avenue and/or Alta Street. o. Provide 2A:10BC-type fire extinguishers either in the common area or inside each unit so that the maximum travel distance shall not exceed 75 feet, subject to the approval by the City Fire Marshall. p. Comply with the 2010 California Residential Code and the City of Arcadia Multi-Family Construction Standards. 2. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The -4- 1880 City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 3. Approval of TPM 13-09, MC 13-13, MFADR 13-06, and THE 13-39 shall not take effect until the applicant, civil engineer, and property owner have executed and filed an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 8i% day of O 4'ber , 2013. Chairman, Planning Commission ATTEST. /4, i■r Secr; , APPROVED AS TO FORM,: C. 1 Stephen P. Deitsch City Attorney -5- 1880 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1880 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 8th day of October, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Falzone, Parrille and Beranek NOES: None ABSENT: Commissioner Chiao Secr= r' of the Planning Commission