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HomeMy WebLinkAboutItem 3 of ARC ,. .. 0' svoRNI4-,• c.) ,,.1 .. .ii sue :: 1.-... . 1, " 0.\ i�G6 njty ai� STAFF REPORT Development Services Department DATE: December 10, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: RESOLUTION NO. 1891 — TENTATIVE PARCEL MAP NO. TPM 13-13 (72511), ZONE VARIANCE NO. ZV 13-04, AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-23 WITH A CLASS 3 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 225 SANTA ROSA ROAD Recommended Action: Find that this project qualifies as a Categorical Exemption from CEQA; conditionally approve Tentative Parcel Map No. TPM 13-13, Zone Variance No. ZV 13-04, and Multiple-Family Architectural Design Review No. MFADR 13-23; and adopt Resolution No. 1891 SUMMARY Tentative Parcel Map No. TPM 13-13, Zone Variance No. ZV 13-04, and Multiple- Family Architectural Design Review No. MFADR 13-23 were submitted by the designer Mr. Robert Tong, and property owner, Mur-Sol Development, LLC, for a four-unit, residential condominium development at 225 Santa Rosa Road. An aerial photo with zoning information, the Tentative Parcel Map, and the proposed architectural plans are attached. The Zone Variance request will allow the property to be developed with four residential condominium units in lieu of the five-unit minimum density requirement. Other than this Zone Variance, the proposed development and subdivision would be consistent with the City's General Plan, Zoning Regulations, and Subdivision Code. And, as new construction of small structures, this project qualifies as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA). It is recommended that the Planning Commission approve application nos. TPM 13-13, ZV 13-04, and MFADR 13-23 with the CEQA exemption, subject to the conditions listed in this staff report, and adopt Resolution No. 1891. BACKGROUND APPLICANTS: Mr. Robert Tong, Designer, and Mur-Sol Development, LLC, Property Owner LOCATION: 225 Santa Rosa Road REQUESTS: Approval of a Tentative Parcel Map, the following Zone Variance, and Multiple-Family Architectural Design Review for a four-unit, residential condominium development: • Four dwelling units in lieu of the five-unit minimum density requirement SITE AREA: 13,185 square feet (0.30 acre) FRONTAGE: 110 feet along Santa Rosa Road EXISTING LAND USE & ZONING: The site is improved with two, single-family residences, constructed in 1950, and is zoned R-3, High Density Multiple-Family Residential, which has a maximum density of one unit per 1,450 square feet, and a minimum density of one unit per 2,200 square feet. An 18-foot wide easement for access to the adjacent flood control channel runs along the south side of the site. SURROUNDING LAND USES & ZONING: North: One-story, single-family residence, zoned R-1 South: One-story, office building, zoned C-2 with a Downtown Overlay East: Two-story, four-unit, multiple-family residential development, zoned R-3 West: Two-story motel (Motel 6) and flood control channel, zoned C-2 with a Downtown Overlay GENERAL PLAN DESIGNATION: High Density Residential (12 to 30 dwelling units per acre) — 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 the use of yards, other open areas, and building heights. Other uses that may be appropriate, consistent with zoning regulations, include public and private schools, public parks, and other open space uses. TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013— Page 2 of 10 DISCUSSION The applicant is requesting approval of a Tentative Parcel Map, Zone Variance, and Architectural Design Review, for a proposed four-unit residential condominium development. The site is zoned R-3, High Density Multiple-Family Residential, and has a total land area of approximately 13,185 square feet. The density requirement in the R-3 zones ranges from one unit per 1,450 square feet to 2,200 square feet of lot area, which calculates to a maximum of nine units, and a minimum of five units for the subject site. The applicant is requesting a Zone Variance to allow the development of four residential condominium units, in lieu of the minimum requirement of five units because there is an 18-foot wide easement along the south portion of the site that cannot be developed. The proposed development will consist of four, two-story units that will range in size from 1,893 square feet to 2,030 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 of High Density Residential. Tentative Parcel Map The proposal for four residential condominium units requires that they be subdivided through the Tentative Parcel Map process — see the attached Tentative Parcel Map. The proposed subdivision is consistent with the City's General Plan, and 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 residences 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. TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013—Page 3 of 10 Zone Variance The applicant is requesting to develop four residential condominium units on the subject property, in lieu of five units required per the minimum density requirements of Arcadia Municipal Code Section 9255.2.7. This is requested because there is an 18-foot wide access easement to the East Branch of the Arcadia Wash along the southerly portion of the site that must be maintained, and therefore cannot be built on. This effectively reduces the area of the lot that can be developed from 13,185 square feet to 10,636 square feet. Applying the minimum density requirement to the 10,636 square-foot area results in four units. A Zone Variance is necessary because the minimum density requirement does not take into account easements or other property development limitations. Per Section 9291.1.2 of the Arcadia Municipal Code, before a variance may be granted, the following four findings must be made: A.3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. Facts to Support the Finding: The subject property has an 18-foot wide access easement, reducing the developable area of the lot by 2,549 square feet. This is an exceptional condition. A.4. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. Facts to Support the Finding: A Multiple-family development on this site would not have these effects, and allowing four residential units in lieu of five units on the subject property would not affect other properties or improvements in the R-3 zone, or in the vicinity of the subject property. A.5. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. Facts to Support the Finding: This variance is necessary to allow this site to be developed in a manner similar to other R-3 zoned properties, which do not have substantial access easements that significantly reduce the developable area of a property. A.6. That the granting of such variance will not adversely affect the comprehensive general plan. Facts to Support the Finding: The proposal will not adversely affect the comprehensive General Plan because a four-unit multiple-family developed on TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013— Page 4 of 10 this site is consistent with the High Density Residential Land Use Designation of the property, including the density requirement of 12 to 30 units per acre. The subject proposal has a density of 13 units per acre with the easement, and a density of 16 units per acre without the easement. Architectural Design Review Concurrent with the Tentative Parcel Map and Zone Variance applications, 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: Terracotta, dark brown, maroon, and orange blend concrete tile roofing; "Pacific Sand" color stucco walls; pre-cast concrete trim; dark brown rain gutters and awnings; and back window shutters. To enhance the front elevation of the proposal, the designer has submitted a revised partial front elevation showing a revised window layout. This is included with the architectural plans attached to this staff report. Staff concurs with the designer that the revised window layout enhances the aesthetic quality of the building. The massing and scale of the buildings will be in character with other multiple-family buildings in the vicinity— photos of the site and neighborhood are attached. The architecture and landscaping of the proposed development will also be compatible with the surrounding neighborhood and are consistent with the City's Multiple-Family Residential Design Guidelines. With approval of the requested Zone Variance, the proposed development will be consistent with the City's Zoning Regulations, as well as 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, or their respective designees. 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, which will be new construction of small structures, is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines. The proposed four-unit residential project will be consistent with the General Plan and Zoning Code, and will be in an urbanized area. 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. PUBLIC NOTICE/COMMENTS Public hearing notices for TPM 13-13, ZV 13-04, and MFADR 13-23 were published in the local newspaper on November 21, 2013 and mailed to the property owners and tenants of those properties that are within 300 feet of the subject property on November TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013— Page 5 of 10 27, 2013 - see the attached radius map. As of December 6, 2013, no comments have been received regarding this project. RECOMMENDATION It is recommended that the Planning Commission approve Tentative Parcel Map No. TPM 13-13, Zone Variance No. ZV 13-04, and Multiple-Family Architectural Design Review No. MFADR 13-23, 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, or their respective designees. 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 City of 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. Existing parkway trees shall be removed with a permit from the Public Works Services Department and two, 36-inch box, Australian Willow trees shall be planted per City of Arcadia Standards at locations to be determined by the Public Works Services Director, or designee. c. The following fees shall be paid 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. d. Prior to the approval of the Parcel Map, a separate demolition and erosion control plan prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer, or designee. All existing structures shall be demolished prior to the approval of the Parcel Map. e. The developer shall construct and/or enter into a subdivision improvement agreement with the City, and shall post security for all the public improvements shown on the Tentative Parcel Map prior to approval of the Parcel Map, including the following items: i. Removal and replacement of the existing curb and gutter from property line to property line along Santa Rosa Road. TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013-Page 6 of 10 ii. Removal of the entire existing access road connection at Santa Rosa Road and replacement with curb-return driveway per City of Arcadia Standards. iii. Construction of new sidewalk per City of Arcadia Standards from property line to property line with new ADA ramp(s) to span the access road, and connection of the new sidewalk to the existing sidewalk to the south of the property. f. An automatic fire-sprinkler system shall be installed 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 13-13, ZV 13-04, and MFADR 13-23, 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 13-13, ZV 13-04, and MFADR 13-23 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. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Tentative Parcel Map No. TPM 13-13, Zone Variance No. ZV 13-04, and Multiple-Family Architectural Design Review No. MFADR 13-23, and adopt the attached Resolution No. 1891 that incorporates the conditions of approval, as may be modified by the Commission, and which incorporates the following findings and action: TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013— Page 7 of 10 A.1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan. 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 there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. A.4. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. A.5. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. A.6. That the granting of such variance will not adversely affect the comprehensive general plan. A.7. That the design of the proposed project is consistent with the City's Multiple- Family Residential Design Guidelines. A.8. That this project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15303 of the CEQA Guidelines. A.9. 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 13-13, Zone Variance No. ZV 13-04, and/or Multiple-Family Architectural Design Review No. MFADR 13-23, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision and specific findings. 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 subdivision, together with the provisions for its design and improvement, is not consistent with the City's General Plan. D.2. That the proposed waste discharge would result in or add to violation of requirements of a California Regional Water Quality Control Board. TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013— Page 8 of 10 D.3. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. D.4. That the granting of such variance will be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. D.5. That such variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. D.6. That the granting of such variance will adversely affect the comprehensive general plan. D.7. That the design or improvement of the proposed project is not consistent with the City's Multiple-Family Residential Design Guidelines. D.8. That the proposed map is not consistent with applicable general and specific plans as specified in Section 66451 of the Subdivision Map Act. D.9. That the site is not physically suitable for the type of development. D.10. That the site is not physically suitable for the density of development. D.11. 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. D.12. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. D.13. 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.14. That this project is not categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines. TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013— Page 9 of 10 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the December 10, 2013 public hearing, please contact Associate Planner, Thomas Li at (626) 574-5447, or tli @ci.arcadia.ca.us. Approved: Jim Zama Co,' unity Development Administrator Attachments: Aerial Photo with Zoning Information Tentative Parcel Map Proposed Architectural Plans Revised Partial Front Elevation Photos of the Subject Property and Surrounding Properties Preliminary Exemption Assessment 300-foot Radius Map Resolution No. 1891 TPM 13-13, ZV 13-04, MFADR 13-23 225 Santa Rosa Road December 10, 2013—Page 10 of 10 'Ar, i lti ,,�? jt` ' 4. <' s Site Address: 225 SANTA ROSA ROAD Property Owner(s): MURPHY,TIMOTHY.J CO TR MURPHY FAMILY TRUST 91 kf ,yam s., . 4 i AL i i I 41111* i, *1 . . :. Property Characteristics Selected parcel highlighted 0 Zoning: R-3 ;��1► 101. 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' ,''' BCD8830MB 1 -100w MED fo 716"w 18"pi 9"p 111/2"Tco Revised Partial Front Elevation f Q 7,..1— ..7.,. ,,,,.off s;. k; • 1 , 0 ' ,. ii ` r ' . 11ilN4 fir .,,'Hi I ;t • : : • ' 1 �. 1 : • A/r.M y s ç.g ..1 L . t 1 i ± t 1 1 , t 1 i t i , ._W3 ._ .ti . ii— - .. ., . _ 1111 PM rAlli , , mil r` f1' --- i : � r„� ;. cic1 tt�i '� > > • 1 c , cr-- w :' •y �` t II { . . isig 1 41' ik4V ii; .0 Di v 9 tr........., ,.. .._ , . /�1�l.�.�..�.......�..,_. , ' 111 1 .r.�+'Y r Q l 1- AI .ill K* ; osd 0 i ` $ luLlIUll! 4:.. r . r • IQ . sTi Jr 6` View of the subject property at 225 Santa Rosa Road r e k 3 x View of the neighboring property to the north at 231 Santa Rosa Road err � t .1 • 'q- �� ''4' a., -, ` ',Y ¢'t4,ti 'r'•yt{¢i r y 1 i!M1 . View of the neighboring property across the street at 224 Santa Rosa Road a AA tq` 1 •. v5A ;� _ a ' ' °' _ '' `'. t c e s 5 rte .,i` k ':'7 ... .La View of the neighboring property to the south at 201 Colorado Place G�.G,,,POwy•: • 14 CITY OF ARCADIA fh• 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: TPM 13-13, ZV 13-04, and MFADR 13-23 2. Project Location—Identify street 225 Santa Rosa Road address and cross streets or attach a map showing project site (preferably a USGS 15'or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking A. project: B. Other(Private) (1) Name Mr. Robert Tong (2) Address 255 E. Santa Clara Street#200, Arcadia, CA 91006 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: I Class 3—Section 15303 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: November 4, 2013 Staff: Thomas Li, Associate Planner ire SUE MORENO PROJECT INFORMATION N %somas (626)350-5944 225 SANTA ROSA RD. 4 RADIUS M OVVNERSHIP I OCCUPANTS LIST ARCADIA, CA. RADIUS MAPS-LAND USE-PLANS MUNICIPAL COMPLIANCE CONSULTING 12106 LAMBERT AVE.ELMONTE,CA91732-FAX(626)350.1532 13-390 SCALE 1" - 150' I ��� N .�,� .. - 1 1 M a-1 96 y dsRKV 1 .I t, 6` I, Lob - .... I Q -�- "— 'b 45 a No V ro /1 F a t 4 — `� db I $ -- - i R^.rs C e N '.-$,-28——0! NW 42 '''' . 4.. . 1. g8t6 ® � 1 "4(141? .4 1 CAg I CA s St® 5 0 ; 15 !3 44(19*, -- Ir�r. 0 y ©4, DO 14 Wei e•LCri ! antsy M t• ' CP % 4: 0 a e t . re tirt 0- 1 ,.„it..c_) Me2 5 fr...1 tspi i 4 _ _�:Z rL_ 3 I k iii . '� i- ; '/�4jD A:Id.36'Ifd ...'... / \j L30 \ / d , its I / \ V:, illren if ., Ih= I /$\ _n!�c Z 4 t4 ii1.® T C C10> i 0P.: v e 1I 9 It I 4' js 01 44 * tf 1� 1. - ' e. C'0 ,,► 33 -- k%0 ' n 4 -� --8--X 7," 10. 41•1 3?• :4. /•;6 A tit.< v.... 7 if z j IX -4_ . p ?�> >r • r. in < ..... .., e. RESOLUTION NO. 1891 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 13-13, ZONE VARIANCE NO. ZV 13-04, AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-23 WITH A CLASS 3 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 225 SANTA ROSA ROAD WHEREAS, on August 14, 2013, an application was filed by Mr. Robert Tong for the design review of a four-unit residential condominium development at 225 Santa Rosa Road, Development Services Department Case No. MFADR 13-23; and WHEREAS, on October 10, 2013, applications were filed by Mur-Sol Development, LLC for a subdivision and Zone Variance for a four-unit residential condominium development at 225 Santa Rosa Road, Development Services Department Case Nos. TPM 13-13 (72511) and ZV 13-04; and WHEREAS, a public hearing was held by the Planning Commission on December 10, 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 December 10, 2013 are true and correct. SECTION 2. This Commission finds: 1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan. 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 there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. 4. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. 5. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. 6. That the granting of such variance will not adversely affect the comprehensive general plan. 7. That the design of the proposed project is consistent with the City's Multiple- Family Residential Design Guidelines. 8. 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 13-13, ZV 13-04, and MFADR 13-23 for a four-unit residential condominium development at 225 Santa Rosa Road, 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, -2- 1891 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, or their respective designees. 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 City of 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. Existing parkway trees shall be removed with a permit from the Public Works Services Department and two, 36-inch box, Australian Willow trees shall be planted per City of Arcadia Standards at locations to be determined by the Public Works Services Director, or designee. c. The following fees shall be paid 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. d. Prior to the approval of the Parcel Map, a separate demolition and erosion control plan prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer, or designee. All existing structures shall be demolished prior to the approval of the Parcel Map. e. The developer shall construct and/or enter into a subdivision improvement agreement with the City, and shall post security for all the public improvements shown -3- 1891 on the Tentative Parcel Map prior to approval of the Parcel Map, including the following items: i. Removal and replacement of the existing curb and gutter from property line to property line along Santa Rosa Road. ii. Removal of the entire existing access road connection at Santa Rosa Road and replacement with curb-return driveway per City of Arcadia Standards. iii. Construction of new sidewalk per City of Arcadia Standards from property line to property line with new ADA ramp(s) to span the access road, and connection of the new sidewalk to the existing sidewalk to the south of the property. f. An automatic fire-sprinkler system shall be installed 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 13-13, ZV 13-04, and MFADR 13-23, 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 -4- 1891 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 13-13, ZV 13-04, and MFADR 13-23 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. Passed, approved and adopted this 10th day of December, 2013. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- 1891