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HomeMy WebLinkAbout1899 RESOLUTION NO. 1899 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING ZONE VARIANCE NO. ZV 13-01, TENTATIVE TRACT MAP NO. TTM 72421, MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-32, AND CONDITIONAL USE PERMIT NO. CUP 13-15 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A SIX-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 681-685 N. FIRST AVENUE, AND REVISIONS TO THE CONDITIONAL USE PERMIT FOR THE CHURCH AT 723 & 805 N. FIRST AVENUE WHEREAS, on August 2, 2013, an application was filed by Mr. Rob Tyler and Mr. George Voigt for Multiple-Family Architectural Design Review and a Tentative Tract Map for a six-unit multiple-family condominium development at 681 — 685 N. First Avenue, Development Services Department case numbers MFADR 13-32 and TTM 72421; and WHEREAS, on August 7, 2013, an application was filed by Mr. Rob Tyler and Mr. George Voigt for a Zone Variance to allow six units in lieu of the minimum nine units required, and Modifications to the required landscaping, for a six-unit multiple-family development at 681 — 685 N. First Avenue, Development Services Department case number ZV 13-01; and WHEREAS, on October 14, 2013, an application was filed by Mr. Rob Tyler and Mr. George Voigt for a Conditional Use Permit to revise the parking lot configuration and ingress/egress for the Church at 723 & 805 N. First Avenue, Development Services Department case number CUP 13-15; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under CEQA Article 19 Categorical Exemptions Sections 15301 and 15303 of the CEQA Guidelines; and WHEREAS, a public hearing was held by the Planning Commission on March 11, 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, CALIFORNIA, RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 11, 2014 are true and correct. SECTION 2. This Commission finds: 1. That the highly irregular shape of the property is an exceptional circumstance that necessitates a reduction in the minimum number of units so as to allow the development to comply with the most of the R-3 zoning code requirements; particularly the parking and building setbacks, and to satisfy the Fire Department's 20- foot driveway width requirement. 2. That the reduction in the number of units is needed to accommodate a 20- foot wide fire lane required for public safety to protect the public health and welfare, and prevent injury to the properties and improvements in the area. 3. That the variance is needed to enable a development that comports with the market-demand of this area, and that will provide adequate access to all parts of the property. 4. That the proposed development will have a density of 13.2 dwelling units per acre, which is consistent with the General Plan Land Use Designation of High Density Residential at 12 to 30 dwelling units per acre. -2- 1899 5. That approval of the two landscaping Modifications will secure an appropriate improvement of the property. 6. That the proposed project is consistent with the City's Multiple-Family Residential Design Guidelines. 7. That the proposed project together with the provisions for its design and improvement is consistent with the City's General Plan. 8. 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. 9. That the revisions to the Conditional Use Permit will not be detrimental in any way to the public health or the surrounding area. The church use will remain consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the existing and proposed residential uses of the area. 10. That in the R-3, High Density Multiple-Family Residential Zones, a church is allowed with an approved Conditional Use Permit per Section 9275.1.43 of the Arcadia Municipal Code. 11. That the number of parking spaces will be reduced from 80 spaces to approximately 70 spaces, but the revised parking lot layout will adequately accommodate the parking needs of the existing Church and its activities. Access to the Church property from First Avenue will be eliminated by the proposed residential condominium development, but the existing driveway off of Forest Avenue is sufficient to accommodate the traffic generated by the Church. The revised parking lot will comply with all applicable accessibility, safety, and emergency access requirements. -3- 1899 12. That the Church site abuts Forest Avenue and First Avenue. Both of these streets are sufficient to carry the traffic that is generated by the church. 13. That a church is a use that is consistent with the General Plan Land Use Designation of the site. 14. That this project is categorically exempt from the California Environmental Quality Act (CEQA) per Sections 15301 and 15332 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Commission approves Zone Variance No. ZV 13-01, Tentative Tract Map No. TTM 72421, Multiple-Family Architectural Design Review No. MFADR 13-32, and Conditional Use Permit No. CUP 13-15, subject to the following conditions: 1. The applicant/property owner shall execute and record a covenant holding all of the remaining Church properties as one parcel, subject to approval by the City Attorney or designee. 2. Prior to building plan check submittal for the six-unit residential condominium development, the applicant/property owner shall revise the configuration of the Church parking lot to comply with ADA accessibility requirements to the satisfaction of the City's Building Official or designee. 3. The applicant/property owner shall undertake the following general maintenance improvements to the Church site to the satisfaction of the Community Development Administrator or designee prior to issuance of building permits for the six- unit residential condominium development: a. Resurface and restripe the parking lot b. Remove the unpermitted storage trailer from the site c. Construct a new roofed trash/recyclables enclosure -4- 1899 d. Repair or replace the parking lot lights e. Repair or replace the monument sign 4. Except for Sunday school classes, no schools, tutoring centers or other educational uses are permitted. 5. The residential development project shall comply with all Engineering Services requirements; including, but not limited to the following, subject to approval by the City Engineer or designee: a. The property owner/applicant shall to pay a $100 map fee and $25 final approval fee prior to approval of the Tract Map b. Prior to approval of the Tract Map the property owner/applicant shall either construct or post security for all public improvements to be shown on the Tentative Map; including, but not limited to the following: i. Installation of new street trees to also be shown on the Grading Plan located in the parkway along First Avenue per the City of Arcadia Street Tree Master Plan. ii. Construction of new sidewalk along First Avenue from property line to property line per City of Arcadia Standard. iii. Removal and replacement of curb and gutter from property line to property line along First Avenue iv. Construction of a new driveway approach per City of Arcadia standard. c. The property owner/applicant shall submit a Grading Plan prepared by a registered civil engineer subject to the approval of the City Engineer or designee prior to issuance of a building permit. -5- 1899 d. Prior to recordation of the final map or issuance of a grading permit, the property owner/applicant shall complete the following to the satisfaction of the City Engineer or designee: i. Grant to the Southern California Edison Company an easement as shown on Tentative Tract Map No. 72421 by separate document and provide the City of Arcadia proof of recordation. ii. Provide proof that the Southern California Edison Company has quitclaimed any and all existing easements. iii. Provide proof that all applicable utility providers have accepted and approved the new easement(s) and have approved the City of Arcadia's quitclaim of its existing Public Utility Easement. iv. Relocation of the overhead utility lines to the new easement(s) as shown on the proposed plans. e. Prior to the issuance of a grading permit, the property owner/applicant shall request the City of Arcadia to quitclaim the existing Public Utility Easement either by the Final Map or by separate document(s). f. Prior to issuance of a grading permit, the property owner/applicant shall provide proof of the adjacent property owners' consent to construct the proposed drainage swale on the adjacent property, or provide an alternative drainage design subject to the review and approval by the City Engineer or designee. g. The property owner/applicant shall submit a Standard Urban Stormwater Mitigation Plan (SUSMP) subject to approval by the City Engineer or designee prior to the issuance of a building permit. -6- 1899 6. The project shall comply with all Fire Department requirements to the satisfaction of the City Fire Marshal or designee; including, but not limited to the following: a. Installation of automatic fire sprinkler systems in all of the residential units. b. Provide a Knox box/switch for the front gate(s) of the residential development. c. A 20-foot wide fire lane shall be provided on the residential development site to the satisfaction of the City's Fire Marshal, or designee. The fire lane shall be marked with red curbing/striping and 'NO PARKING' signage, and signage beyond the fire lane shall be provided showing the weight capacity of the driveway. d. Minimum 2A:10BC fire extinguishers shall be provided on the exterior of the residential development with maximum travel distances of 75 feet from any residential unit to an extinguisher. 7. The residential development project shall comply with all Public Works Services Department requirements to the satisfaction of the Public Works Services Director or designee; including, but not limited to the following: a. The applicant/property owner shall provide water calculations to determine the total combined maximum domestic and fire demand, and shall verify the required water service size. b. The project shall be served by a common domestic water meter and service capable of supplying sufficient water to meet all domestic and fire suppression needs of the development. c. In the event that fire suppression is common to the complex, a separate fire service shall be required as directed by the Fire Marshal. -7- 1899 d. If a common water service is to be used to supply both domestic water and fire sprinklers, the applicant/property owner shall separate the fire service from the domestic water service at each unit with an approved backflow prevention device. e. A separate water service and meter shall be provided for the common area landscape irrigation. f. A Water Meter Clearance Application shall be filed with the Public Works Services Department prior to building permit issuance. g. New water service installation shall be by the applicant/property owner. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if necessary, shall be by the applicant/property owner. h. The residential development shall utilize the existing sewer lateral if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (523.76'), an approved backwater valve is required. i. The residential project shall comply with the City's Low Impact Development (LID) Ordinance. 8. The site plan and landscaping plan shall be subject to review and approval by the Planning Services Manager or designee to ensure adequate landscaping along the easterly property line behind the existing residences on First Avenue. 9. 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 -8- 1899 Marshal, Public Works Services Director and Development Services Director or 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, or designees. 10. The applicant/property owner 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. 11. Approval of ZV 13-01, TTM 72421, MFADR 13-32, and CUP 13-15 shall not take effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner/applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. -9- 1899 Passed, approved and adopted this 11th day of March, 2014. OVIiet Chairman, Planning Commission ATTEST: Sect ry APPROVED AS TO FORM: Steph n P. Deitsch City Attorney -10- 1899 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1899 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 11th day of March, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Falzone, Parrille and Beranek NOES: None ABSENT: Commissioner Chiao Secr ry of the Planning Commission