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HomeMy WebLinkAboutItem 4 4 of Reg G~ c?` �9 .dr 7 ir A:'2 4 11405 4:40,tY cis.'" STAFF REPORT Development Services Department DATE: October 22, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: RESOLUTION NO. 1882 — TENTATIVE PARCEL MAP NO. TPM 13-08 (72493), MODIFICATION NO. MP 13-05, AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 12-07 WITH A CLASS 32 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 20 ALTA STREET. Recommended Action: Find that this project qualifies as a Class 32 Categorical Exemption from CEQA; Conditionally Approve Tentative Parcel Map No. TPM 13-08, Modification No. MP 13-05, and Multiple- Family Architectural Design Review No. MFADR 12-07; and adopt Resolution No. 1882 SUMMARY Tentative Parcel Map No. TPM 13-08, Modification No. MP 13-05, and Multiple-Family Architectural Design Review No. MFADR 12-07 were submitted by Mr. Twen Ma for a three-unit, residential condominium development at 20 Alta Street. An aerial photo with zoning information, the Tentative Parcel Map, and the proposed architectural plans are attached. The Modification request will allow mechanical equipment (air conditioning units) to be set back 7'-0" and 8'-0" from the westerly side property line in lieu of the 10'-0" requirement. Other than this Zoning Modification, the proposed development and subdivision will be consistent with the City's General Plan, Zoning Regulations, and Subdivision Code; and as an infill development this project qualifies as a Class 32 Categorical Exemption from the California Environmental Quality Act (CEQA). It is recommended that the Planning Commission approve application nos. TPM 13-08, MP 13-05, and MFADR 12-07 with the CEQA exemption, subject to the conditions listed in this staff report, and adopt Resolution No. 1882. BACKGROUND APPLICANT: Mr. Twen Ma, Architect LOCATION: 20 Alta Street REQUESTS: Approval of a Tentative Parcel Map, Multiple-Family Architectural Design Review, and a Zoning Modification for mechanical equipment setbacks for a three-unit, residential condominium development. SITE AREA: 8,000 square feet (0.18 acre) FRONTAGES: 50 feet along Alta Street and 50 feet along a rear access alley EXISTING LAND USE & ZONING: The site is improved with a single-family residence constructed in 1927, and is zoned R-3, High Density Multiple-Family Residential. The maximum density limit for the site is one unit per 1,450 square feet of lot area for a maximum of five units, and the minimum density for the site is one unit per 2,200 square feet of lot area for a minimum of three units. SURROUNDING LAND USES & ZONING: North: Two-story, 8-unit, multiple-family residential development, zoned R-3 South: Two-story, 8-unit, multiple-family residential development, zoned R-3 East: Two-story, 2-unit, multiple-family residential development, zoned R-3 West: Two-story, 4-unit, multiple-family residential development, zoned R-3 GENERAL PLAN DESIGNATION: High Density Residential — This designation accommodates higher-density attached housing types for both renter and owner households within a neighborhood context. Such housing types generally are located near transit stops, along arterials and transit corridors, and within easy walking distance of shops and services. Appropriate transition to adjacent lower-density neighborhoods is required through use of yards, other open areas, and building heights. This designation accommodates 12-30 dwelling units per acre. DISCUSSION The applicant is requesting approval of a Tentative Parcel Map, Architectural Design Review, and a side yard setback Modification for mechanical equipment (air conditioning units) for a proposed three-unit residential condominium development. The site is zoned R-3, High Density Multiple-Family Residential, and has a total land area of approximately 8,000 square feet. The R-3 zone has a minimum dwelling unit density of one unit per 2,200 square feet of lot area and a maximum dwelling unit density limit of one unit per 1,450 square feet of lot area, which calculates to a minimum of three units and a maximum of five units for the subject site. The proposed development will consist of three, two-story units that will range in size from 1,698 square feet to 1,825 square feet. Each unit will have an attached two-car garage, and two on-site guest parking spaces will be provided. The proposed development is consistent with the General Plan Land Use Designation and the density limits. TPM 13-08, MP 13-05, MFADR 12-07 20 Alta Street October 22, 2013— Page 2 of 8 Tentative Parcel Map The proposal for three residential condominium units requires that they be subdivided through the Tentative Parcel Map process — see the attached Tentative Parcel Map. The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map Act, and will not violate any requirements of a California Regional Water Quality Control Board. The following two findings are required for approval of a Tentative Parcel Map: A.1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan. Facts to Support the Finding: The proposed project will remove the existing single-family residence and replace it with a residential development that is consistent in character with the High Density Multiple-Family Residential designation as described in the City's General Plan. A.2. That the discharge of waste from the proposed subdivision into the community sewer system will comply with existing requirements prescribed by a California Regional Water Quality Control Board. Facts to Support the Finding: The Arcadia Public Works Services Department confirmed that the proposed development will be adequately served by the existing sewer infrastructure and the requirements of the California Regional Water Quality Control Board will be satisfied. The proposed subdivision should not be approved if the Planning Commission finds that any of the findings for denial listed at the end of this staff report are applicable. Architectural Design Review Concurrent with the subdivision application, the Planning Commission is to approve, conditionally approve, or deny the architectural design of the proposed project. The architectural style of the development is described as Mediterranean — see the attached plans. The Mediterranean design features the following architectural elements: S-tile roof; off-white colored stucco walls; beige pre-cast trim, and dark brown shutters, corbels, and chimney caps. The massing and scale of the building is in character with other multiple-family buildings in the vicinity (photos of the site and neighborhood are attached). Staff is recommending the following two conditions of approval for the architecture of the project: • The entrances to the units shall be revised to be recessed a minimum of 2'-0" from the outside building walls. This increased depth will provide some shelter and will enhance the appearance of the entries. Light fixtures for the entrances shall be installed within the recessed area. TPM 13-08, MP 13-05, MFADR 12-07 20 Alta Street October 22, 2013 — Page 3 of 8 • All of the windows shall be recessed a minimum of 2-inches from the exterior walls of the building to enhance the articulation of the walls. This is a standard architectural design guideline for new developments. With these conditions of approval, the architecture and landscaping of the proposed development will be compatible with the surrounding neighborhood and consistent with the City's Multiple-Family Residential Design Guidelines. Modification • A 7'-0" and 8'-0" westerly side yard setback in lieu of the 10'-0" requirement for the air conditioning units of the three condominium units. The subject site is a 50-foot wide lot; however, the Zoning Code requires a 10'-0" setback for mechanical equipment regardless of the lot width. In contrast, the Zoning Code for other residentially-zoned properties (such as R-1) establishes setbacks based on a percentage of the lot width and allows mechanical equipment to be set back a lesser distance on narrow lots (e.g., 10-percent of the lot width, or 5'-0" for a 50-foot wide lot). Two of the air conditioning units are proposed to be set back 8'-0" from the westerly side yard property line, and the third air conditioning unit is proposed to be set back 7'-0" so that it can be placed sideways to avoid blocking a window. All three air conditioning units will be screened from view from the adjacent property by a 6'-0" tall block wall along the westerly property line. The developer has chosen narrow, low- profile units with reduced noise output to minimize any impacts due to the reduced setbacks, and this shall be verified during building plan check. . With approval of the requested Modification, which will secure an appropriate improvement of the lot, the proposed development will be consistent with the City's Zoning Regulations, as well as with the City's General Plan, Subdivision Code, and Multiple-Family Residential Design Guidelines. In addition, all City requirements shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. The proposed plans have been reviewed by the various City departments and some special conditions of approval are deemed necessary. These are listed as recommended Condition of Approval No. 1 in this staff report. ENVIRONMENTAL ANALYSIS This project, as an infill development project, is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines. The proposed three-unit residential project will be consistent with the General Plan and Zoning Code, is surrounded by urban uses, and will not have any significant impacts on the environment. A Preliminary Exemption Assessment is attached to this staff report. It is recommended that the Planning Commission find that this project is exempt from CEQA. TPM 13-08, MP 13-05, MFADR 12-07 20 Alta Street October 22, 2013— Page 4 of 8 PUBLIC NOTICE/COMMENTS Public hearing notices for TPM 13-08, MP 13-05, and MFADR 12-07 were published in the local newspaper on October 10, 2013 and mailed to the property owners and tenants of those properties that are within 300 feet of the subject property on October 11, 2013 — see the attached radius map. As of October 17, 2013, no comments have been received regarding this project. RECOMMENDATION It is recommended that the Planning Commission approve Tentative Parcel Map No. TPM 13-08, Modification No. MP 13-05, and Multiple-Family Architectural Design Review No. MFADR 12-07, 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. A separate water meter shall be provided for each unit per Arcadia Standards with separation of the fire service from domestic water service by an approved double-check back flow device, subject to approval by the Public Works Services Director, or designee. A separate water meter shall be provided for the common area landscape irrigation with 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 back flow prevention devices approved by the Public Works Services Director, or designee. d. 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. e. Construct and/or enter into a subdivision improvement agreement with the City, and post security for all the public improvements shown on the Tentative Parcel Map prior to approval of the Parcel Map, including the following items: • Construction of a new driveway approach per City of Arcadia Standard Plans. • Construction of a new sidewalk along the entire frontage of the site. TPM 13-08, MP 13-05, MFADR 12-07 20 Alta Street October 22, 2013—Page 5 of 8 f. Select two Low Impact Development (LID) methods from the LA County LID Manual and incorporate them into the project design, subject to approval by the City Engineer. g. Replace the curb and gutter on Alta Street. h. Provide gates with Knox switches, subject to approval by the City Fire Marshal. i. Install an automatic fire-sprinkler system per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard for residential areas. j. Provide 2A:10BC-type fire extinguishers either in the common areas or inside each unit so that the maximum travel distance to an extinguisher shall not exceed 75 feet, subject to approval by the City Fire Marshal. 2. The front entrances to the units shall be recessed a minimum of 2-feet from the outside building walls, and the light fixtures for the entrances shall be installed within the recessed area. 3. All of the windows shall be recessed a minimum of 2-inches from the exterior walls of the building. 4. The project shall be developed and maintained in a manner that is consistent with the plans submitted and approved by TPM 13-08, MP 13-05, and MFADR 12-07, and the air conditioning units shall be narrow, low-profile units with reduced noise output, subject to approval by the Community Development Administrator, or designee. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 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 officials, officers, employees, and agents in the defense of the matter. 6. Approval of TPM 13-08, MP 13-05, and MFADR 12-07 shall not take effect until the applicant, civil engineer, and property owner(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions of approval. TPM 13-08, MP 13-05, MFADR 12-07 20 Alta Street October 22, 2013— Page 6 of 8 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Tentative Parcel Map No. TPM 13-08, Modification No. MP 13-05, and Multiple-Family Architectural Design Review No. MFADR 12-07, and adopt the attached Resolution No. 1882 that incorporates the conditions of approval, or as may be modified by the Commission, and which incorporates the following findings and action: A.1. That the proposed project together with the provisions for its design and improvement is consistent with the City's General Plan, and the City's Multiple- Family Residential Design Guidelines. A.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; A.3. That this project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines; A.4. Authorize and direct the Development Services Director or designee to approve and execute, if necessary, a subdivision agreement for this project. Denial If the Planning Commission is to take action to deny this project, the Commission should make specific findings based on the evidence presented with specific reasons for denial, and move to deny Tentative Parcel Map No. TPM 13-08, Modification No. MP 13-05, and/or Multiple-Family Architectural Design Review No. MFADR 12-07, and direct staff to prepare a resolution for adoption at the next meeting. The Planning Commission may wish to consider the following findings, which must be expanded upon with specific reasons for denial: D.1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 66451 of the Subdivision Map Act. D.2. That the design or improvement of the proposed project is not consistent with applicable general and specific plans, and/or the City's Multiple-Family Residential Design Guidelines. D.3. That the site is not physically suitable for the type of development. D.4. That the site is not physically suitable for the density of development. D.5. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. TPM 13-08, MP 13-05, MFADR 12-07 20 Alta Street October 22, 2013—Page 7 of 8 D.6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. D.7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the legislative body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. D.8. That the proposed waste discharge would result in or add to violation of requirements of a California Regional Water Quality Control Board. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 22, 2013 public hearing, please contact Associate Planner, Tim Schwehr at (626) 574-5422, or tschwehr @ci.arcadia.ca.us. Approved: Jim7-41'ama C. munity Development Administrator Attachments: Aerial Photo with Zoning Information Tentative Parcel Map Proposed Architectural Plans Photos of the Subject Property and Surrounding Properties Preliminary Exemption Assessment 300-foot Radius Map Resolution No. 1882 TPM 13-08, MP 13-05, MFADR 12-07 20 Alta Street October 22, 2013— Page 8 of 8 Site Address: 20 ALTA STREET Property Owner(s): CHEN,CHANG K AND LIAO Y TRS CHEN FAMILY TRUST TAto o- A as z; i , x a a.r. Property Characteristiy � § Selected parcel highlighted 11 Zoning: R-3 = =SG�4►.. : i%'!i.:. �� !"siz.,,s�:" %��ti��e� j' .' l/ i y,yscr, . a General Plan: HDR do' iii lit '4, �rfj�r��' ',fy,��"'°% Lot Area (sq ft): Ov0 iiii-nit - {. ,.'-', ,, '',/ Main Structure/ Unit(sq. ft.): Year Built: 19 27 `' U Number of Units: i — t. 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W r ,:o ,4`�r [ -.. w ^,, SUBJECT PROPERTY- '20 ALTA STREET i y ry 47 t a• ee , qtr ` C •'wrr .- _.— - _ 4 4 N P . .,k - 4 red y4. .. <;X � 34f#`frEi.1`;�.x�. t,..• '•€ rt• WEST OF SUBJECT PROPERTY MULTIPLE-FAMILY DEVELOPMENT • Olt.t; , „ t f > • • ('oir . , 4 • 1 4 EAST OF SUBJECT PROPERTY-2-UNIT MULTIPLE-FAMILY DEVELOPMENT ::,. „:,..,,,,:v.::;_ri".5,3)„,:,..,...10.1. 1., . .,,.,;,, 0 1° . „,,,,. Lii ....r-'7,....---1" --,,,,471,,,,-74,,,,,,,':':',--i`t:ix:,'‘ .:' '''''' ''''' *4' „ , .. . , ,.,...,..,, ,.., . ., ,: . , ..„.„,, . , , .<-- �,4, '''' '.., 1117 -.-7 . ,fit...*,_, rM: wt NORTH OF SUBJECT PROPERTY-8-UNIT MULTIPLE-FAMILY DEVELOPMENT 1110 !!! CITY OF ARCADIA mi 240 W.HUNTINGTON DRIVE e."'>:.7,: p , ARCADIA,CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: TPM 13-08,MP 13-05,and MFADR 12-07 for a 3-unit condominium development. 2. Project Location—Identify street 20 Alta Street,Arcadia,CA 91006 address and cross streets or attach a (cross streets:First Avenue&Santa Anita Avenue) map showing project site(preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. B. Other(Private) (1) Name Twen Ma (2) Address 4. Staff Determination: The Lead Agency's Staff,having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's"Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: Section 15332 f. ❑ The project is statutorily exempt. Applicable Exemption: g, ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: October 3,2013 Staff: Tim Schwehr,Associate Planner Preliminary Exemption Assessment\2011 FORM"A" la. g a g r14 (/) 8 0 84 m UD c v 5 -• (24 "i7 I t Ili I I i 1,1 .s i . A. /e ta: OIL Fr ' 4 C.-A 901 1 .? 61' 95 00 SS'. ' 09 la, gs os'' '':- os ' 00 sz'- ss I T . r- 00 T- . , -oo- so -of- ca P' OZ 05 05 Rtk •C'2E. CA13 '-',i_. C0 'O 09 it ‘4 Ri •°-.1 T§ P.; . cl . a tll 4, q z '2.H F4 ck .1— 5.1 '70 0 a °) -5 c_) ®0 CY.i F. ® (''..) .'' 'f,U ® t®,, 0, E5 -,-,--.■ ,...,. 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MFADR 12-07 WITH A CLASS 32 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 20 ALTA STREET WHEREAS, on May 17, 2012 an application was filed by Mr. Twen Ma for the design review of a three-unit residential condominium development at 20 Alta Street, Development Services Department Case No. MFADR 12-07; and WHEREAS, on April 30, 2013, applications were filed by Mr. Twen Ma for the subdivision of a three-unit condominium development and a Zoning Modification to allow mechanical equipment (air-conditioning units) to encroach into the westerly side yard setback at 20 Alta Street, Development Services Department Case Nos. TPM 13- 08 (72493) and MP 13-05; and WHEREAS, a public hearing was held by the Planning Commission on October 22, 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 22, 2013 are true and correct. SECTION 2. This Commission finds: 1. That the proposed project together with the provisions for its design and improvement, including the setback Modification for the mechanical equipment, is consistent with the City's General Plan and the City's Multiple-Family Residential Architectural Design Guidelines, and will secure an appropriate improvement of the lot. 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 13-08, MP 13-05, and MFADR 12-07 for a three-unit residential condominium development at 20 Alta Street, 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. A separate water meter shall be provided for each unit per Arcadia Standards with separation of the fire service from domestic water service by an approved double-check back flow device, subject to approval by the Public Works Services Director, or designee. A separate water meter shall be provided for the common area landscape irrigation with a Reduce Pressure Backflow Assembly as approved by the Public Works Services Department. -2- 1882 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 back flow prevention devices approved by the Public Works Services Director, or designee. d. 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. e. Construct and/or enter into a subdivision improvement agreement with the City, and post security for all the public improvements shown on the Tentative Parcel Map prior to approval of the Parcel Map, including the following items: • Construction of a new driveway approach per City of Arcadia Standard Plans. • Construction of a new sidewalk along the entire frontage of the site. f. Select two Low Impact Development (LID) methods from the LA County LID Manual and incorporate them into the project design, subject to approval by the City Engineer. g. Replace the curb and gutter on Alta Street. h. Provide gates with Knox switches, subject to approval by the City Fire Marshal. i. Install an automatic fire-sprinkler system per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard for residential areas. j. Provide 2A:10BC-type fire extinguishers either in the common areas or inside each unit so that the maximum travel distance to an extinguisher shall not exceed 75 feet, subject to approval by the City Fire Marshal. -3- 1882 2. The front entrances to the units shall be recessed a minimum of 2-feet from the outside building walls, and the light fixtures for the entrances shall be installed within the recessed area. 3. All of the windows shall be recessed a minimum of 2-inches from the exterior walls of the building. 4. The project shall be developed and maintained in a manner that is consistent with the plans submitted and approved by TPM 13-08, MP 13-05, and MFADR 12-07, and the air conditioning units shall be narrow, low-profile units with reduced noise output, subject to approval by the Community Development Administrator, or designee. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 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 officials, officers, employees, and agents in the defense of the matter. 6. Approval of TPM 13-08, MP 13-05, and MFADR 12-07 shall not take effect until the applicant, civil engineer, and property owner(s) have executed and filed an -4- 1882 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 22nd day of October, 2013. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- 1882