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HomeMy WebLinkAbout1907 RESOLUTION NO. 1907 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. TTM 72869; MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-44; AND OAK TREE ENCROACHMENT PERMIT NO. TRE 13-71 WITH A CLASS 32 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 20-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 550 S. SECOND AVENUE WHEREAS, on December 24, 2013, an application was filed by Sanyao International Inc. for the design review of a 20-unit residential condominium development at 550 S. Second Avenue, Development Services Department Case No. MFADR 13-44; and WHEREAS, on December 30, 2013, an application was filed by Sanyao International Inc. for an Oak Tree Encroachment Permit for a 20-unit residential condominium development to encroach into the protected area of four oak trees at 550 S. Second Avenue, Development Services Department Case No. TRE 13-71; and WHEREAS, on May 7, 2014, an application was filed by Sanyao International Inc. for the subdivision of a 20-unit residential condominium development at 550 S. Second Avenue, Development Services Department Case No. TIM 72869; and WHEREAS, a public hearing was held by the Planning Commission on June 10, 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 June 10, 2014 are true and correct. SECTION 2. This Commission finds and directs: 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 applicant/property owner shall remove and replace the existing curb and gutter and the existing sidewalk along both Second Avenue and Third Avenue from property line to property line per Standard Plan for Public Works Construction 120-2 for curb and gutter and City Standard 802-2 for sidewalk. b. The applicant/property owner shall make a 12-foot right-of-way dedication along Second Avenue to the City of Arcadia, from property line to property line. c. The applicant/property owner shall install a new High Pressure Sodium Vapor (HPSV) streetlight per City of Arcadia Standard 805-1 within the parkway along Second Avenue. The location shall be specified by the applicant/property owner on the final construction drawings, subject to the review and approval of the City Engineer, or designee. d. Prior to the issuance of a building permit for the new on-site structures, the applicant/property owner shall merge the two lots. 4. 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 -3- 1907 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. 5. Approval of TTM 72869, MFADR 13-44, and THE 13-71 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 10th day of June, 2014. Chairman, Planning Commission ATTEST: Se,ary APPROVED AS TO FORM: cbtill,u, O. Stephen P. Deitsch City Attorney -4- 1907 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. 1907 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 June, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Beranek, Chiao, Parrille and Falzone ABSENT: Commissioner Baerg Secr;of the Planning Commission umposuimmiammusk 1. That the proposed project together with the provisions for its design and improvement is consistent with the City's General Plan, the City's Multiple-Family Residential Design Guidelines, and the City's Oak Tree Preservation Ordinance. 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 TTM 72869, MFADR 13-44, and TRE 13-71 for a 20-unit residential condominium development at 550 S. Second Avenue, subject to the following conditions: 1. 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 TTM 72869, MFADR 13-44, and TRE 13-71, subject to the approval of the Community Development Administrator or designee. 2. The project shall be developed and maintained by the applicant/property owner in compliance with all of the recommended tree protection measures listed in the Oak Tree Report prepared for this project. 3. 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 -2- 1907