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HomeMy WebLinkAbout1924 RESOLUTION NO. 1924 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 14-07 (72892), MODIFICATION NO. MC 14-04, AND ARCHITECTURAL DESIGN REVIEW NO. ADR 14-06 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW 3,995 SQUARE-FOOT, TWO-STORY OFFICE BUILDING AT 130 S. FIRST AVENUE WHEREAS, on February 24, 2014, an application was filed by Mr. Ben Wu for the design review of a proposed 3,995 square-foot, two-story office building at 130 S. First Avenue, Development Services Department Case No. ADR 14-06; and WHEREAS, on February 24, 2014, an application was filed by Mr. Ben Wu for a Modification Application for a reduced number of parking spaces for a proposed 3,995 square-foot, two-story office building at 130 S. First Avenue, Development Services Department Case No. MC 14-04; and WHEREAS, on May 7, 2014, an application was filed by Sun's Residential Development, LLC for a Tentative Parcel Map to subdivide a proposed 3,395 square-foot, two-story office building at 130 S. First Avenue, Development Services Department Case No. MC 14-04; and WHEREAS, on October 12, 2014, Planning Services completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the project is exempt under CEQA per Section 15061(3) of the CEQA Guidelines (Review for Exemption) because the project has no potential to cause a significant effect on the environment, and because it consists of new construction of a small structure less than 10,000 square-feet in area per CEQA Section 15303, Class 3; and WHEREAS, a public hearing was held by the Planning Commission on November 12, 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 November 12, 2014 are true and correct. SECTION 2. This Commission finds and directs: a. The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map Act, and will not violate any requirements of a California Regional Water Quality Control Board. The following two findings are required for approval of a Tentative Parcel Map: A.1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan. FACT: The proposed project will remove the existing 5,000 square-foot, one-story commercial building and replace it with a new 3,395 square-foot, two-story commercial building that is consistent in character with the Mixed Use designation as described in the City's General Plan. A.2. That the discharge of waste from the proposed subdivision into the community sewer system will comply with existing requirements prescribed by a California Regional Water Quality Control Board. FACT: The Arcadia Public Works Services Department confirmed that the proposed development will be adequately served by the existing sewer infrastructure and the requirements of the California Regional Water Quality Control Board will be satisfied. b. Provided a project has no potential to cause a significant effect on the environment, it is eligible to be exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption). FACT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the -2- 1924 Project has no potential to cause a significant effect on the environment and is exempt pursuant to Section 15303 of the CEQA Guidelines, Class 3, which exempts construction of small structures less than 10,000 square-feet in area. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15303 of the CEQA Guidelines, and approves Tentative Parcel Map No. TPM 14-07, Modification No. MC 14-04, and Architectural Design Review No. ADR 14-06, for a new 3,995 square-foot, two-story office building, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 12th day of November, 2014. Chairman, P nning Commission ATTEST: Se tary APPROVED AS TO FORM: *AV Vf 7)-t.A. 41 Steph=n P. Deitsch City Attorney -3- 1924 RESOLUTION NO. 1924 Conditions of Approval 1. The development shall comply with the following Engineering Services conditions of approval: • The Applicant/Property Owner shall pay a $100 Map Fee and $25 Final Approval Fee prior to approval of the Parcel Map. • The Applicant/Property Owner shall remove and replace the existing curb and gutter along the property frontage on Bonita Street prior to issuance of a Certificate of Occupancy for the subject building. • The Applicant/Property Owner shall remove and replace any damaged sections of sidewalk along Bonita Street from property line to property line per City Standard prior to issuance of a Certificate of Occupancy for the subject building. • The Applicant/Property Owner shall prepare a demolition plan for review and approval by the City Engineer, or designee, prior to issuance of a grading permit for the subject development. • The Applicant/Property Owner shall prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) that complies with the SUSMP requirements prescribed by Los Angeles County Department of Public Works SUSMP Manual, and shall show the selected measures on the grading plan prepared for this project for the review and approval of the City Engineer or designee. 2. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. 3. The applicant 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. 4. Approval of TPM 14-07, MC 14-04, and ADR 14-06 shall not be of effect unless on or before 30 calendar days after Planning Commission approval of the applications, the property owner and applicant 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. -4- 1924 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. 1924 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 12TH day of November, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chiao, Lin and Falzone NOES: Commissioner Baerg RECUSED: Commissioner Chiao Se ary of the Planning Commission