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
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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
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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