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Home My WebLink About1891 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. „y) 7 Chairman, Planning Commission ATTEST: Secr APPROVED AS TO FORM: pJ Stephen P. Deitsch City Attorney -5- 1891 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. 1891 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 10th day of December, 2013, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chiao, Falzone and Beranek NOES: None ABSENT: Commissioner Parrille Secr=, of the Planning Commission