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HomeMy WebLinkAboutItem 4 or Arc 000 kyr; M `IeuurPU'.t.A F ;film:** REPORT Development Services Department DATE: January 28, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: RESOLUTION NO. 1896 — TENTATIVE TRACT MAP NO. TTM 72533 AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-21 WITH A CLASS 32 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A SIX-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 328 GENOA STREET. Recommended Action: Find that this project qualifies as a Class 32 Categorical Exemption from CEQA; Conditionally Approve Tentative Tract Map No. TTM 72533 and Multiple-Family Architectural Design Review No. MFADR 13-21; and adopt Resolution No. 1896 SUMMARY Tentative Tract Map No. TTM 72533 and Multiple-Family Architectural Design Review No. MFADR 13-21 were submitted by Sidney Chang for a six-unit, residential condominium development at 328 Genoa Street. An aerial photo with zoning information, the Tentative Tract Map, and the proposed architectural plans are attached. The proposed development and subdivision are 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. TTM 72533 and MFADR 13-21 with a CEQA exemption, subject to the conditions listed in this staff report, and adopt Resolution No. 1896. BACKGROUND APPLICANT: Sidney Chang LOCATION: 328 Genoa Street REQUEST: Approval of a Tentative Tract Map and Multiple-Family Architectural Design Review for a six-unit, residential condominium development. SITE AREA: Approximately 25,574 square feet (0.59 acre) FRONTAGE: 99.33 feet along Genoa Street. EXISTING LAND USE & ZONING: The site is improved with a 6-unit multiple-family development originally constructed in 1923 and then modified in 1962. The property is zoned R-2, Medium Density Multiple-Family Residential. The maximum density limit for the site is one unit per 3,750 square feet of lot area for a maximum of six units. SURROUNDING LAND USES & ZONING: North: Two-story, 11-unit, multiple-family residential development, zoned R-2 South: Two-story, 7-unit, multiple-family residential development, zoned R-2 East: Two-story, 6-unit, multiple-family residential development, zoned R-2 West: Two-story, 14-unit, multiple-family residential development, zoned R-2 GENERAL PLAN DESIGNATION: Medium Density Residential — This designation accommodates varied housing types and sizes within a suburban neighborhood context. Permitted residential uses include detached and attached residences with private and/or shared yards and open space areas. This designation accommodates 6-12 dwelling units per acre. DISCUSSION The applicant is requesting approval of a Tentative Tract Map and Architectural Design Review for a proposed six-unit residential condominium development. The site is zoned R-2, Medium Density Multiple-Family Residential, and has a total land area of approximately 25,574 square feet. The R-2 zone has a maximum dwelling unit density limit of one unit per 3,750 square feet of lot area, which calculates to a maximum of six units for the site. The proposed development will consist of six detached, two-story units that will range in size from 2,736 square feet to 2,787 square feet. Each unit will have an attached two- car garage, and four on-site guest parking spaces will be provided. The proposed development is consistent with the General Plan Land Use Designation, the density limit, the Zoning Code, and the Subdivision Code and State Subdivision Map Act. Tentative Tract Map The proposal for six residential condominium units requires that they be subdivided through the Tentative Tract Map process — see the attached Tentative Tract 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 TTM 72533 & MFADR 13-21 328 Genoa Street January 28, 2014— Page 2 of 8 California Regional Water Quality Control Board. The following two findings are required for approval of a Tentative Tract 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 six-unit multiple-family development and replace it with a new six-unit residential development that is consistent in character with the Medium 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 Spanish — see the attached plans. The design features the following architectural elements: S-tile roofing, off-white stucco walls with off-white pre-cast moldings, open rafter eaves with wood rafter tails, dark brown fascia boards/rain gutters, and decorative ceramic tiles. The massing and scale of the buildings are in character with other multiple-family buildings in the vicinity — see the attached photos of the site and neighboring properties. A materials and colors sample board will be available at the meeting. The proposed development is 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, qualifies as a Class 32 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines. The proposed six-unit residential project is consistent with the General Plan and Zoning Code, is surrounded by urban TTM 72533 & MFADR 13-21 328 Genoa Street January 28, 2014— Page 3 of 8 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. PUBLIC NOTICE/COMMENTS Public hearing notices for TTM 72533 and MFADR 13-21 were published in the local newspaper on January 16, 2014 and mailed to the property owners and tenants of those properties that are within 300 feet of the subject property on January 17, 2014 — see the attached radius map. As of January 23, 2014, no comments have been received regarding this project. RECOMMENDATION It is recommended that the Planning Commission approve Tentative Tract Map No. TTM 72533 and Multiple-Family Architectural Design Review No. MFADR 13-21, subject to the following conditions: 1. The applicant/property owner shall comply with 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 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. The condominiums shall be served by a common domestic water meter. 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. The applicant/property owner shall obtain an encroachment permit from the City prior to the commencement of any work in the public rights-of-way. c. All fire services shall be isolated from domestic water services with back flow prevention devices approved by the Public Works Services Director, or designee. d. The applicant/property owner shall pay the following fees prior to approval of the Tract Map: A Map Fee of$100.00 and a Final Approval Fee of$25.00 for a total of$125.00. e. The applicant/property owner shall construct and/or enter into a subdivision improvement agreement with the City, and post security for all the public TTM 72533 & MFADR 13-21 328 Genoa Street January 28, 2014 — Page 4 of 8 improvements shown on the Tentative Tract Map prior to approval of the Tract Map, including the following items: • Construction of a new driveway approach per City of Arcadia Standard Plans. • Construction of new curb, gutter, and sidewalk along the entire frontage of the site. • Installation of a new streetlight per City of Arcadia Standard within the parkway along Genoa Street. The location shall be reviewed and approved by the City Engineer or designee prior to installation. f. Prior to approval of the Tract Map, the applicant/property owner shall submit to the City Engineer for approval a separate demolition and erosion control plan prepared by a registered civil engineer, which will be subject to the approval of the City Engineer. All existing structures shall be demolished prior to approval of the Tract Map. g. The applicant/property owner shall submit to the City Engineer a Grading Plan prepared by a registered civil engineer, which is subject to the approval of the City Engineer prior to issuance of a building permit. h. The applicant/property owner shall utilize existing water service if determined to be feasible by the Public Works Services Director, or designee. i. The applicant/property owner shall file a Water Meter Clearance Application with the Public Works Services Department prior to the issuance of any building permits for the project. j. New water service, if necessary, shall be installed by the applicant/property owner. Installation shall be to the specifications of the Public Works Services Department, Engineering Division. Abandonment of the existing water service, if necessary, shall be completed by the applicant/property owner, according to Public Works Services Department specifications. k. The applicant/property owner shall utilize an existing sewer lateral if determined to be feasible by the Public Works Services Director, or designee. I. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, a backwater valve of a type approved by the Public Works Services Director, or designee shall be installed by the applicant/property owner on the lateral behind the property line. m. If determined to be necessary by the Public Works Services Director or designee, new street trees shall be planted by the applicant/property owner in the City's right-of-way. The type, size, and location(s) of the new street trees for TTM 72533 & MFADR 13-21 328 Genoa Street January 28, 2014—Page 5 of 8 the City's right-of-way shall be determined by the Public Works Services Director, or designee. n. An automatic fire-sprinkler system per the City of Arcadia Fire Department Single & Multiple-family Dwelling Sprinkler Standard for residential areas shall be installed by the applicant/property owner to the satisfaction of the City Fire Marshal. o. The design of the project shall comply with the applicable California Residential Code and the City of Arcadia Multi-Family Construction Standards to the satisfaction of the City Building Official. p. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP) if there will be the creation, addition, or replacement of 5,000 square feet or more of impermeable surface area. The applicant/property owner shall comply with the SUSMP as prescribed by the Los Angeles County Department of Public Works SUSMP Manual and the construction plans shall show the selected measures on the grading plan. 2. The project shall be developed and maintained in a manner that is consistent with the plans submitted and conditionally approved for TTM 72533 and MFADR 13-21, 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 TTM 72533 and MFADR 13-21 shall not take effect until the applicant/ property owner has executed and filed an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions of approval within 30 days following approval by the Planning Commission. TTM 72533 & MFADR 13-21 328 Genoa Street January 28, 2014 — Page 6 of 8 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Tentative Tract Map No. TTM 72533 and Multiple-Family Architectural Design Review No. MFADR 13-21, and adopt the attached Resolution No. 1896 that incorporates the conditions of approval set forth above, 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; and 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 Tract Map No. TTM 72533 and/or Multiple- Family Architectural Design Review No. MFADR 13-21 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 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.S. 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. TTM 72533 & MFADR 13-21 328 Genoa Street January 28, 2014— 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 January 28, 2014 public hearing, please contact Associate Planner, Tim Schwehr at (626) 574-5422, or tschwehr @ci.arcadia.ca.us. Approved: Jim sama C munity Development Administrator Attachments: Aerial Photo with Zoning Information Tentative Tract Map Proposed Architectural Plans Photos of the Subject Property and Neighboring Properties Preliminary Exemption Assessment 300-foot Radius Map Resolution No. 1896 TTM 72533 & MFADR 13-21 328 Genoa Street January 28, 2014— Page 8 of 8 . i O o a1 x& LLI 0£-6Z-000I'fl'NI ' 4 I o£6It'ON1JVII,L b S T i a� id4 I flVIOH NIf1ININIOQNOJ u o 1.hat 7Iy Iz�� 1 I 41,___F-Ts' ......E-T' ......u2R I I i6......u.. E...N.ousE...�..u. a a 1 2 i S �t�tj'N ? = 1 4 555 /�l � O i �p U o A I ii i --- 5: F �` 3711 5'lP 1• P I C ill 1 I ,...... 555 L¢e ill * • .' 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Data layers that appear on this map may or may not be accurate,current, Page 1 of 1 or otherwise reliable. k xa s 4 c fr 4 ,, 1 d -e ,. k f�� 8ia,t t x yi, '4 a�d i r;� Subject Property iy '». ' 4`1'1aft, r:",,..,04,1,;-7, ' ,,1 t f' ' 9 Ih t4i, e .s yq 'F ,,''',".4.,' p ' ,, §y 3 Adjacent Property to the West fa �,. {t ;siq,r' $' * ,d 'a^ ° ;` K me,, ' ' ,4" r;` ,� :1 3� '���„a #'k 1' ;j ,1.t SrRi�'t . ,� y. �`e'ya, sty' "'i` `itt 14 c ° `'. ar "' '.,= ,. £a4i#lkx{ {$ � �„ -•-"-.'",0.;',":::-,f4 '',-.:•;,."-",:i.:".•-...°;",,,*mwy� v?ti+. a " b K • 1^ Y. .. aa .: „ E !,.,/ , e .., '' X � t w/ b -14r' , r �, tea . a ,uutr Adjacent Property to the East • b 'i . as _ j l t• , d,.�,), �.,�'2f'd> nru -• Property to the North CITY OF ARCADIA lF 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: TTM 72533 and MFADR 13-21 for a 6-unit condominium development. 2. Project Location—Identify street 328 Genoa Street,CA 91006 address and cross streets or attach a (cross streets:Third Avenue&Fifth 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 1 Sidney Chang (2) Address j 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 f the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: January 3,2014 Staff: Tim Schwehr,Associate Planner Preliminary Exemption Assessment\2011 FORM"A" CITY OF ARCADIA - II I i i > 3 1 1 1 1 L Q i 1 - 60 1 1 0 1 1 1 N 1 N I I I 4 TO 19 48 1 36 N 48 Q' 48 \ 1 N r I- -r 1 -� 8 S6 Oi 19 O1 O To I N O TO To 1 2 3 4-1----� O TO TO \ O D e S *-.9 I \ l / O � GENOA ST i y5 14 13 <' I //; '® TO ai 1 �`i I 0 N .-I aT I 'H - ae ©TO a a�/ 1/------�—�--azT-ScZ--I---�--- — 1 ' Tc as // a. I"0 4 6 a' — -- 1 1 }-- 1 — O 6 4/j N Yom' 1 / 1 1 1 1 i° 0 1 m a7 1 1 1 1 1 _ To O V U ALICE ST 2 • e• © +oe 97 iro i0 TO es Te 0 0 TO TO TO To TO ®B L C 612 O n \ e N14N113N12 0 a R� 1 CD ® ., ` 10 / ' N .—.�—� 179 z 2 0o m 1 42 .�� ,rte 60 4 3 �U ARTE >Q 41 4 13 ) 5 49 50 r--- = 51 r L() , 52 II 1 35 36 I _1 0 37 33 1 4 5 - 38 39 40 r� 24 1 60 36 ROBBING I 33 H 36 DR---i 1 ELLEN `t 35 1 2 60 34 33 60 . )i 300' RADIUS MAP N,i GC MAPPING SERVICE, INC. LEGEND CASE NO. DATE: 10-23-2013 3055 WEST VALLEY BOULEVARD 0 OWNERSHIP NO. ALHAMBRA CA 91803 SCALE: 1" = 100' (626)441-1080 FAX(626)441-8850 — OWNERSHIP HOOK OWNERSHIP MAP RESOLUTION NO. 1896 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. TTM 72533 AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-21 WITH A CLASS 32 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A SIX-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 328 GENOA STREET WHEREAS, on July 11, 2013 an application was filed by Sidney Chang for the design review of a six-unit, multiple-family residential development at 328 Genoa Street, Development Services Department Case No. MFADR 13-21; and WHEREAS, on October 24, 2013, an application was filed by Sidney Chang for the subdivision of a six-unit, residential condominium development at 328 Genoa Street, Development Services Department Case No. TTM 72533; and WHEREAS, a public hearing was held by the Planning Commission on January 28, 2014, 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 January 28, 2014 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. 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 TTM 72533 and MFADR 13-21 for a six-unit, residential condominium development at 328 Genoa Street, subject to the following conditions: 1. The applicant/property owner shall comply with 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 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. The condominiums shall be served by a common domestic water meter. 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. The applicant/property owner shall obtain an encroachment permit from the City prior to the commencement of any work in the public rights-of-way. c. All fire services shall be isolated from domestic water services with back flow prevention devices approved by the Public Works Services Director, or designee. -2- 1896 d. The applicant/property owner shall pay the following fees prior to approval of the Tract Map: A Map Fee of $100.00 and a Final Approval Fee of $25.00 for a total of $125.00. e. The applicant/property owner shall construct and/or enter into a subdivision improvement agreement with the City, and post security for all the public improvements shown on the Tentative Tract Map prior to approval of the Tract Map, including the following items: • Construction of a new driveway approach per City of Arcadia Standard Plans. • Construction of new curb, gutter, and sidewalk along the entire frontage of the site. • Installation of a new streetlight per City of Arcadia Standard within the parkway along Genoa Street. The location shall be reviewed and approved by the City Engineer or designee prior to installation. f. Prior to approval of the Tract Map, the applicant/property owner shall submit to the City Engineer for approval a separate demolition and erosion control plan prepared by a registered civil engineer, which will be subject to the approval of the City Engineer. All existing structures shall be demolished prior to approval of the Tract Map. g. The applicant/property owner shall submit to the City Engineer a Grading Plan prepared by a registered civil engineer, which is subject to the approval of the City Engineer prior to issuance of a building permit. h. The applicant/property owner shall utilize existing water service if determined to be feasible by the Public Works Services Director, or designee. -3- 1896 i. The applicant/property owner shall file a Water Meter Clearance Application with the Public Works Services Department prior to the issuance of any building permits for the project. j. New water service, if necessary, shall be installed by the applicant/property owner. Installation shall be to the specifications of the Public Works Services Department, Engineering Division. Abandonment of the existing water service, if necessary, shall be completed by the applicant/property owner, according to Public Works Services Department specifications. k. The applicant/property owner shall utilize an existing sewer lateral if determined to be feasible by the Public Works Services Director, or designee. I. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, a backwater valve of a type approved by the Public Works Services Director, or designee shall be installed by the applicant/property owner on the lateral behind the property line. m. If determined to be necessary by the Public Works Services Director or designee, new street trees shall be planted by the applicant/property owner in the City's right-of-way. The type, size, and location(s) of the new street trees for the City's right-of- way shall be determined by the Public Works Services Director, or designee. n. An automatic fire-sprinkler system per the City of Arcadia Fire Department Single & Multiple-family Dwelling Sprinkler Standard for residential areas shall be installed by the applicant/property owner to the satisfaction of the City Fire Marshal. o. The design of the project shall comply with the applicable California Residential Code and the City of Arcadia Multi-Family Construction Standards to the satisfaction of the City Building Official. -4- 1896 p. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP) if there will be the creation, addition, or replacement of 5,000 square feet or more of impermeable surface area. The applicant/property owner shall comply with the SUSMP as prescribed by the Los Angeles County Department of Public Works SUSMP Manual and the construction plans shall show the selected measures on the grading plan. 2. The project shall be developed and maintained in a manner that is consistent with the plans submitted and conditionally approved for TTM 72533 and MFADR 13-21, 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 TTM 72533 and MFADR 13-21 shall not take effect until the applicant/ property owner has executed and filed an Acceptance Form available from the -5- 1896 Development Services Department to indicate acceptance of the conditions of approval within 30 days following approval by the Planning Commission. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 28th day of January, 2014. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -6- 1896