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HomeMy WebLinkAbout1905 RESOLUTION NO. 1905 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 14-05 (72769) AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-36 WITH A CLASS 32 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 130 ALTA STREET WHEREAS, on December 7, 2013, an application was filed by Mr. Benjamin Zhu for the design review of a three-unit residential condominium development at 130 Alta Street, Development Services Department Case No. MFADR 13-36; and WHEREAS, on March 5, 2014, an application was filed by Mr. Benjamin Zhu, for the subdivision of a three-unit residential condominium development at 130 Alta Street, Development Services Department Case No. TPM 14-05 (72769); and WHEREAS, a public hearing was held by the Planning Commission on May 27, 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 May 27, 2014 are true and correct. SECTION 2. This Commission finds and directs: 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. 4. That the Development Services Director or designee is authorized to approve and execute, if necessary, a subdivision agreement for this project. SECTION 3. That for the foregoing reasons this Commission approves TPM 14-05 (72769) and MFADR 13-36 for a three-unit residential condominium development at 130 Alta Street, subject to the following conditions: 1. The condominium Covenants, Conditions, and Restrictions (CC&Rs) containing provisions for property maintenance shall be submitted by the applicant/property owner for review and approval by the City Attorney, and shall be recorded by the applicant/property owner concurrently with the parcel map. 2. The project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the plans submitted and conditionally approved for TPM 14-05 (72769) and MFADR 13-36, subject to the approval of the Community Development Administrator or designee. 3. 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 -2- 1905 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 14-05 (72769) and MFADR 13-36 shall not take effect unless on or before 30 calendar days after the Planning Commission adoption of the Resolution, the applicant/property owner 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. Passed, approved and adopted this 27th day of May, 2014. fir.c; Chairman, Planning Commission ATTEST: Sec# ry APPROVED AS TO FORM: P. Stephen P. Deitsch City Attorney -3- 1905 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. 1905 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 27th day of May, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Beranek, Chiao, Falzone and Parrille NOES: None Se ary of the Planning Commission