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HomeMy WebLinkAbout1885 RESOLUTION NO. 1885 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 13-11, MODIFICATION NO. MP 13-08, AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-18 WITH A CLASS 3 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 316-324 S. THIRD AVENUE WHEREAS, on June 10, 2013, applications were filed by Mr. Robert Tong for the design review and Zoning Modification to allow a setback encroachment for a four-unit residential condominium development at 316-324 S. Third Avenue, Development Services Department Case Nos. MFADR 13-18 and MP 13-08; and WHEREAS, on September 11, 2013, an application was filed by Modern Alps Investment, LLC for the subdivision of a four-unit condominium development at 316-324 S. Third Avenue, Development Services Department Case No. TPM 13-11 (72502); 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 is consistent with the City's General Plan and the City's Multiple-Family Residential Architectural Design Guidelines. The Modification secures 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 15303 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission approves TPM 13-11, MP 13-08, and MFADR 13-18 for a four-unit residential condominium development at 316-324 S. Third 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. 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. -2- 1885 c. Isolate all fire services from domestic water services with back flow prevention devices approved by the Public Works Services Director, or designee. d. Replace the two existing City Parkway trees on Third Avenue with two 36" box Dancer Pear trees, and plant two 36" box Evergreen Pear trees on Diamond Street at locations to be determined by the Public Works Services Director, or designee. e. 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. f. Prior to the approval of the Parcel Map, a separate demolition and erosion control plan prepared by a registered civil engineer shall be submitted and is subject to the approval of the City Engineer. All existing structures shall be demolished prior to the approval of the Parcel Map. g. 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: • Removal and replacement of the existing curb, gutter, sidewalk and driveway approaches from property line to property line along Third Avenue and Diamond Street. • Dedicate a street corner cutback at the southwest corner of the site. • Construct a new ADA access ramp at the northeast corner of Third Avenue and Diamond Street per City of Arcadia Standards. • Construct new sidewalk along the southern edge of the property along Diamond Street, to connect to the existing sidewalk to the east with the sidewalk on Third Avenue, and relocate as necessary any utility installations, subject to the approval of the City Engineer. -3- 1885 h. Install an automatic fire-sprinkler system per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard for residential areas. 2. The proposed project shall be developed and maintained in a manner that is consistent with the plans submitted and approved by TPM 13-11, MP 13-08, and MFADR 13-18, subject to the approval of the Community Development Administrator, or designee. 3. 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. 4. Approval of TPM 13-11, MP 13-08, and MFADR 13-18 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. (SIGNATURES ON NEXT PAGE) -4- 1885 Passed, approved and adopted this 22nd day of October, 2013. 12a-vu\A,04Th Chairman, Planning Commission ATTEST: Secret. .of i APPROVED AS TO FORM: S4Al2- 6', f Stephen P. Deitsch City Attorney -5- 1885 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. 1885 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 22nd day of October, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chiao, Falzone, Parrille and Beranek NOES: None ABSENT: None Secre of the Planning Commission