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Home My WebLink About1910 RESOLUTION NO. 1910 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 72285; MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 14-02; OAK TREE ENCROACHMENT PERMIT NO. TRE 14-02; AND HEALTHY OAK TREE REMOVAL PERMIT NO. TRH 14-02 WITH A CLASS 3 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 138 CALIFORNIA STREET WHEREAS, on January 21, 2014, an application was filed by Mr. Jimmy Lee for the design review of a three-unit residential condominium development at 138 California Street, Development Services Department Case No. MFADR 14-02; and WHEREAS, on January 23, 2014, an application was filed by Mr. Jimmy Lee for an Oak Tree Encroachment Permit for a three-unit residential condominium development to encroach into the protected area of one oak tree at 138 California Street, Development Services Department Case No. TRE 14-02; and WHEREAS, on March 24, 2014, an application was filed by Mr. Jimmy Lee for a Healthy Oak Tree Removal Permit for a three-unit residential condominium development to remove two healthy oak trees at 138 California Street, Development Services Department Case No. TRH 14-02; and WHEREAS, on May 27, 2014, an application was filed by David Yu for the subdivision of a three-unit residential condominium development at 138 California Street, Development Services Department Case No. TPM 72285; and WHEREAS, a public hearing was held by the Planning Commission on August 26, 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 August 26, 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, the City's Subdivision and Zoning Regulations, the State Subdivision Map Act, 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 15303 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 72285, MFADR 14-02, THE 14-02, and TRH 14-02, for a three-unit residential condominium development at 138 California Street, 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 TPM 72285, MFADR 14-02, THE 14-02, and TRH 14-02, 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 Tentative Parcel Map shall be revised by the applicant to be consistent with the site plan prior to submitting the Parcel Map to the Engineering Division for approval. -2- 1910 4. The applicant/property owner shall provide a revised driveway paver detail with a much thinner section to minimize impacts to the Oak Tree prior to submitting plans to plan check in Building Services. 5. One 36" box Coast Live Oak tree shall be planted in the subject property's front yard area, and a 24" box tree shall also be planted on-site. The specific locations and species of the trees shall be determined in consultation with a Certified Arborist and shall be subject to the approval of the Community Development Administrator or designee. If the arborist determines that the 24" box tree should not be planted on-site, two 24" box trees shall be planted elsewhere in the neighborhood on City property at the developer's expense in coordination with the Public Works Services Department. 6. One 48" box Holly Oak tree shall be planted in the City's parkway, and the tree and its location shall be subject to the approval of the Public Works Services Director or designee. 7. No walls shall be constructed within the protected zone of the oak tree to remain. Any fencing shall be approved by a Certified Arborist and shall be subject to the approval of the Community Development Administrator or designee. 8. A Certified Arborist shall be on-site to monitor all activity taking place within the dripline of the oak tree to remain, and for the planting of the on-site replacement tree(s) and shall submit weekly monitoring reports to the Community Development Administrator, or designee. If the arborist determines that any inappropriate work has occurred, or that the tree(s) have been harmed, all work shall be stopped until adequate remediation has been performed to the satisfaction of a certified arborist and the Community Development Administrator, or designee. 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 -3- 1910 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. 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 TPM 72285, MFADR 14-02, THE 14-02, and TRH 14-02 shall not take effect unless on or before 30 calendar days after the Planning Commission adoption of the Resolution, the applicant and property owner have 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. (Signatures on Next Page) -4- 1910 Passed, approved and adopted this 9th day of September, 2014. V Chairman, PI.nning Commission ATTEST: .Secretary APPROVED AS TO FORM: Rui---114L, P. 1) Stephen P. Deitsch City Attorney -5- 1910 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. 1910 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 9TH day of September, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chan, Lin and Falzone NOES: None ABSENT: Commissioner Chiao Secr- _ry of the Planning Commission