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HomeMy WebLinkAboutItem 6 - MFADR 13-24_5733 S. BaldwinDATE: December 9, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: RESOLUTION NO. 1929 – APPROVING TENTATIVE PARCEL MAP NO. TPM 14-10 (73006) AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-24 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 5733 S. BALDWIN AVENUE Recommendation: Adopt Resolution No. 1929 SUMMARY The applicant, Mr. Wilson Tan, is requesting approval of a Multiple-Family Architectural Design Review and a Tentative Parcel Map for a four-unit residential condominium project at 5733 S. Baldwin Avenue. The proposed development and subdivision is consistent with the City’s General Plan, Zoning Regulations Multiple-Family Design Guidelines, and Subdivision Code; and as infill development, qualifies as a Categorical Exemption from the California Environmental Quality Act (CEQA). It is recommended that the Planning Commission adopt Resolution No. 1929 (Attachment No. 1) to approve TPM 14-10 (73006) and MFADR 13-24 with a CEQA exemption, subject to the conditions listed in this staff report. BACKGROUND The subject property is an 8,900 square-foot site zoned R-3, High Density Multiple- Family Residential. It is currently developed with a 1,024 square-foot, one-story, single- family residence with a detached accessory structure and covered patio – refer to Attachment No. 2 for an Aerial photo with Zoning Information and Photos of the Subject Property and Surrounding Properties. PROPOSAL The applicant is proposing a four-unit, residential, townhome-style, condominium development with subterranean parking – see Attachments 3 & 4 for the Tentative Parcel Map & Architectural Plans. The site is zoned R-3, High Density Multiple Family Residential, with a total land area of 8,900 square feet. The R-3 zone has a minimum density of one unit per 2,200 square feet, and a maximum density of one unit per 1,450 TPM 14-10 & MFADR 13-24 5733 S. Baldwin Avenue December 9, 2014 – Page 2 of 7 square feet of lot area. Based on these density factors, a minimum of four (4) units, and a maximum of six (6) units are allowed on the subject site. The proposed development is consistent with the density limits, and all other multiple-family development regulations. ANALYSIS The proposed development will consist of four, townhome-style, two-story, three and four-bedroom units ranging from 1,016 to 1,530 square feet. Each unit will have a private garage and there will be two guest parking spaces, all of which are located in the subterranean parking area. The proposed development is consistent with the City’s General Plan, Zoning Code, Subdivision Code, and State Subdivision Map Act. Concurrent with the subdivision application, the Planning Commission is to approve, conditionally approve, or deny the architectural design of the proposed project. The architectural style of the development is described as French – see Attachment No. 4 (Architectural Plans). The massing and scale of the proposed buildings and landscaping are in character with other multiple-family developments in the vicinity, and the proposed design is consistent with the City’s Multiple-Family Residential Design Guidelines. The proposed plans have been reviewed by the various City Departments, and all City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. FINDINGS Tentative Parcel Map The proposal for four residential condominium units requires that they be subdivided through the Tentative Parcel Map process – see Attachment No. 3 for the Tentative Parcel Map. 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. The proposed project will replace the existing single-family residential building with a new, four-unit, residential development that is consistent in character with the Medium Density Multiple-Family Residential 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. TPM 14-10 & MFADR 13-24 5733 S. Baldwin Avenue December 9, 2014 – Page 3 of 7 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. The proposed subdivision should not be approved if the Planning Commission finds that any of the findings for denial listed at the end of this staff report are applicable. Architectural Design Review The architectural design of the proposed development is consistent with other developments in the area and with the City’s Multiple-Family Residential Design Guidelines. 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. ENVIRONMENTAL ANALYSIS Pursuant to the provisions of the California Environmental Quality Act (CEQA) the Development Services Department has determined that the proposed project qualifies as infill development, and is therefore categorically exempt from further environmental review per Section 15332 of the CEQA Guidelines. See Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC NOTICE The public hearing notice for this item was mailed to the owners and tenants of those properties that are located within 300 feet of the subject property on November 25, 2014, and published in the local newspaper on November 27, 2014. See Attachment No. 6 for the 300-foot radius map. As of December 3, 2014, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission approve Tentative Parcel Map No. TPM 14-10 (73006) and Multiple-Family Architectural Design Review No. MFADR 13- 24, subject to the following conditions, and find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 1929: 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 14-10 (73006) and MFADR 13-24, subject to the approval of the Community Development Administrator or designee. TPM 14-10 & MFADR 13-24 5733 S. Baldwin Avenue December 9, 2014 – Page 4 of 7 2. The applicant/property owner shall pay the following fees prior to approval of the final Parcel Map: A Map Fee of $100.00 and a Final Approval Fee of $25.00 for a total of $125.00. 3. The applicant/property owner shall construct at their expense, and/or enter into a subdivision improvement agreement with the City, and post security for all the public improvements shown on the Tentative Parcel Map prior to approval of the final Parcel Map, including the following items: a. Construction of a new driveway approach per City of Arcadia Standard Plans. b. Grant the City of Arcadia a 4.6 foot easement along the front property line to allow for a 4 foot wide accessible path behind the driveway approach. c. Remove and replace the curb, gutter, and sidewalk along the entire frontage of the site. d. Install new street trees per the City of Arcadia Street Tree Master Plan in the parkway along S. Baldwin Avenue, and these shall be shown on the Grading Plan. e. Prior to approval of the Parcel Map, the applicant/property owner shall submit to the City Engineer for approval a separate demolition and erosion control plan prepared by a registered civil engineer, which will be subject to the approval of the City Engineer or designee. All existing structures shall be demolished prior to approval of the final Parcel Map. f. The applicant/property owner shall submit to the City Engineer a Grading Plan prepared by a registered civil engineer, which is subject to the approval of the City Engineer or designee prior to issuance of a building permit. 4. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP) if there will be the creation, addition, or replacement of 5,000 square feet or more of impermeable surface area. The applicant/property owner shall comply with the SUSMP as prescribed by the Los Angeles County Department of Public Works SUSMP Manual and the construction plans shall show the selected measures on the grading plan. 5. The applicant/property owner shall install an automatic fire sprinkler system per the City of Arcadia Fire Department Single and Multiple-Family Dwelling Sprinkler Standard prior to building occupancy. 6. 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 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 TPM 14-10 & MFADR 13-24 5733 S. Baldwin Avenue December 9, 2014 – Page 5 of 7 detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 7. 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. 8. Approval of TPM 14-10 (73006) and MFADR 13-24 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. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should approve a motion to approve Tentative Parcel Map No. TPM 14-10 (73006) and Multiple-Family Architectural Design Review No. MFADR 13-42, state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1929 that incorporates the conditions of approval set forth above, or as may be modified by the Commission. Denial If the Planning Commission intends to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and approve a motion to deny Tentative Parcel Map No. TPM 14-10 (73006) and/or Multiple-Family Architectural Design Review No. MFADR 13- 24, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. The Planning Commission may wish to consider the following findings, which must be expanded upon with specific reasons for denial: D.1. That the proposed map is not consistent with the applicable general and specific plans as specified in Section 66451 of the Subdivision Map Act. TPM 14-10 & MFADR 13-24 5733 S. Baldwin Avenue December 9, 2014 – Page 6 of 7 D.2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans and/or the City’s Multiple-Family Residential Design Guidelines. D.3. That the site is not physically suitable for the type of development. D.4. That the site is not physically suitable for the density of development. D.5. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D.6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. D.7. That the requested subdivision injuriously affects the neighborhood wherein said lot is located. D.8. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the legislative body may approve a map if it finds that alternate easements for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. D.9. That the proposed waste discharge would result in or add to violation of requirements of a California Regional Water Quality Control Board. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the December 9, 2014 public hearing, please contact Assistant Planner, Nick Baldwin by calling (626) 574-5444, or by email to nbaldwin@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1929 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Tentative Parcel Map No. TPM 14-10 (73006) TPM 14-10 & MFADR 13-24 5733 S. Baldwin Avenue December 9, 2014 – Page 7 of 7 Attachment No. 4: Proposed Architectural Plans Attachment No. 5: Preliminary Exemption Assessment Attachment No. 6: 300-foot Radius Map Attachment No. 1    Attachment No. 1 Attachment No. 1 Resolution No. 1929 RESOLUTION NO. 1929 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 14-10 (73006) AND MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 13-24 WITH A CLASS 32 CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 5733 S. BALDWIN AVENUE WHEREAS, on August 15, 2013, an application was filed by Wilson Tan of the Architech Group for the design review of a four-unit residential condominium development at 5733 S. Baldwin Avenue, Development Services Department Case No. MFADR 13-24; and WHEREAS, on July 1, 2014, an application was filed by Hank Jong of EGL Associates for the subdivision of a four-unit residential condominium development at 5733 S. Baldwin Avenue, Development Services Department Case No. TPM 14-10 (73006) (the design review application and the subdivision application are hereafter individually and collectively referred to as the “Project”); and WHEREAS, on November 24, 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 15332 of the CEQA Guidelines because the Project is considered infill development; and WHEREAS, on December 9, 2014, a duly noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence. 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated December 9, 2014 are true and correct. SECTION 2. This Commission finds, based upon the entire record: 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, and the City’s Multiple-Family Residential Design Guidelines. FACT: The proposed project will replace the existing single-family residential building with a new, four-unit, residential development that is consistent in character with the Medium Density Multiple-Family Residential designation as described in the City’s General Plan.. 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. 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. 3. That this Project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines. 3 4. That the Development Services Director or designee is authorized to approve and execute, if necessary, a subdivision agreement for this project. SECTION 3. For the foregoing reasons the Planning Commission approves Tentative Parcel Map No. TPM 14-10 (73006) and Multiple-Family Architectural Design Review No. MFADR 13-24, and determines that the Project is Categorically Exempt per Section 15332 of the CEQA Guidelines, for a four-unit residential condominium development at 5733 S. Baldwin Avenue, 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 9th day of December, 2014. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 RESOLUTION NO. 1929 Conditions of Approval 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 73006 and MFADR 13-24, subject to the approval of the Community Development Administrator or designee. 2. The applicant/property owner shall pay the following fees prior to approval of the Parcel Map: A Map Fee of $100.00 and a Final Approval Fee of $25.00 for a total of $125.00. 3. The applicant/property owner shall construct and/or enter into a subdivision improvement agreement with the City, and post security for all the public improvements shown on the Tentative Parcel Map prior to approval of the Parcel Map, including the following items: a. Construction of a new driveway approach per City of Arcadia Standard Plans. b. Grant the City of Arcadia a 4.6 foot easement along the front property line to allow for a 4 foot wide accessible path behind the driveway approach. c. Remove and replace the curb, gutter, and sidewalk along the entire frontage of the site. d. Installation of new street trees per the City of Arcadia Street Tree Master Plan in the parkway along S. Baldwin Avenue shall be shown on the Grading Plan. e. Prior to approval of the Parcel Map, the applicant/property owner shall submit to the City Engineer for approval a separate demolition and erosion control plan prepared by a registered civil engineer, which will be subject to the approval of the City Engineer or designee. All existing structures shall be demolished prior to approval of the Parcel Map. 5 f. The applicant/property owner shall submit to the City Engineer a Grading Plan prepared by a registered civil engineer, which is subject to the approval of the City Engineer or designee prior to issuance of a building permit. 4. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP) if there will be the creation, addition, or replacement of 5,000 square feet or more of impermeable surface area. The applicant/property owner shall comply with the SUSMP as prescribed by the Los Angeles County Department of Public Works SUSMP Manual and the construction plans shall show the selected measures on the grading plan. 5. The applicant/property owner Install an automatic fire sprinkler system per the City of Arcadia Fire Department Single and Multiple-Family Dwelling Sprinkler Standard prior to building occupancy. 6. 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 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. 7. 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 6 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. 8. Approval of TPM 14-10 (73006) and MFADR 13-24 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. - - - Attachment No. 2    Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a n/a n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: R-3 Number of Units: HDR Zoning: Property Characteristics 1947 1,024 8,900 1 SU,QILU AND NGHI MO ET AL SU,STEPHEN Site Address: 5733 BALDWIN AVE This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated03-Dec-2014 Page 1 of 1     5733 S. Baldwin Ave., Subject  Property  5737 S. Baldwin Ave., Adjacent  Property to the North      5741 and 5743 S. Baldwin Ave., Properties Two  and Three Lots to the North  5757 S. Baldwin Ave., Property to the North at  the Corner of S. Baldwin Ave. and Workman Ave.      5727 S. Baldwin Ave., Adjacent Property to the  South  9971 E. Live Oak Ave., Property to the South at the  Corner of S. Baldwin Avenue and E. Live Oak Avenue      2820 S. Baldwin Ave., Property Across the Street  2820 S. Baldwin Ave., Property Across the Street  to the North    2820 S. Baldwin Ave., Property Across the Street  to the South  Attachment No. 3    Attachment No. 3 Attachment No. 3 Tentative Parcel Map No. 14-10 (73006) Attachment No. 4    Attachment No. 4 Attachment No. 4 Proposed Architectural Plans Attachment No. 5    Attachment No. 5 Attachment No. 5 Preliminary Exemption Assessment FORM “A” – Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: A Tentative Parcel Map No. TPM 14-10 (73006) and Multiple Family Architectural Design Review No. MFADR 13-24 for a four unit, residential condominium development 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 5733 S. Baldwin Avenue (between Workman Avenue and E. Live Oak Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Architech Group (2) Address 235 E. Main St., Suite 200 Alhambra, CA 91801 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15332 (Class 32, Infill development) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: November 24, 2014 Staff:Nick Baldwin, Assistant Planner Attachment No. 6    Attachment No. 6 Attachment No. 6 Radius Map