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HomeMy WebLinkAbout1928 (2) RESOLUTION NO. 1928 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 14-13 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO SUBDIVIDE THE 1.88 ACRE PARCEL INTO TWO PARCELS AT 57 WHEELER AND 125 N. FIRST AVENUE. WHEREAS, on November 19, 2014, an application, Development Services Department Case No. TPM 14-13 (the subdivision application is hereafter individually and collectively referred to as the "Project") was filed by Alicia Barclay on behalf of DDP Arcadia, LLC to subdivide the 1 .88 acre parcel into two parcels at 57 Wheeler Avenue and 125 N. First Avenue; and WHEREAS, on November 20, 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(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and because the Project is in conformance with the General Plan and zoning, no variances or exceptions are required, the parcels was not involved in a subdivision of a parcel larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent per CEQA Guidelines Section 15315, Class 15; 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. 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 subdivision is consistent with the City's General Plan because the two parcels will each have street frontage, provide for shared parking, and the area ("no build" easement) between the existing 24 Hour Fitness gym and a future development could be utilized as a pedestrian scaled outdoor plaza along First Avenue, which is consistent with the General Plan goals and policies for the Downtown area. 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 15315 of the CEQA Guidelines. 2 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 14-13, and determines that the Project is Categorically Exempt per Section 15315 of the CEQA Guidelines at 125 N. First Avenue and 57 Wheeler 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. hairman, arming Commission on ATTEST: 1111 Secre _or APPROVED AS TO FORM: 'gC9UtIA,P. Stephen P. Deitsch City Attorney 3 RESOLUTION NO. 1928 Conditions of Approval 1. Prior to filing the final Parcel Map, a covenant in a form and content approved by the City Attorney for Declaration of Restrictions, Grants of Easements, and Common Area Maintenance Agreement shall be recorded by the applicant/property owner at the Los Angeles County Recorder's Office stating that there will be a reciprocal easement for all access and parking over the common area on both parcels, and permanent access on all the driveway easements. 2. The Applicant shall prepare and record against all the properties comprising of this subdivision a reciprocal access, no build, and utility easement agreement. All the property owners must obtain and record concurrently with this agreement subordinations to such agreement from all parties whose interest in the properties could ripen into a fee interest. The Agreement together with all the subordinations shall be subject to review and approval by the City Attorney prior to its recordation. For this purpose, the Applicant shall obtain and provide to the City's Development Services Director, or designee, a current title report for all properties comprising this subdivision at the time the Applicant submits the agreement for City Attorney review and approval. The Applicant within 10 days from approval of this subdivision shall deposit with the Development Services Department the sum of $5,000 to cover the legal fees and costs incurred by the City in reviewing the proposed easement agreements and subordinations; provided that any remaining funds, if any, shall be returned to the Applicant. The agreement shall be recorded, with all subordinations, prior to final map approval. 3. No building permits shall be issued until the final Parcel Map has been approved by the City and proof of recordation has been provided to the City. 4. 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. 5. 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, and shall include, but shall not be limited to the following: a. The applicant/property owner shall provide calculations to determine the maximum domestic water demand for commercial and fire services in order to 4 verify the water service size required for this project. The calculations shall be submitted to the Public Works Services Department prior to issuance of any permits. b. New water service, if necessary, shall be installed by the applicant/property owner at their expense. Installation shall be to the specifications of the Public Works Services Department, Engineering Division. Abandonment of the existing water service, if necessary, shall be completed by the applicant/property owner at their expense, according to Public Works Services Department specifications. c. The applicant/property owner shall install a separate water meter and services for residential, commercial, and irrigation uses at their expense. All fire services shall be isolated from domestic water services with an approved back flow prevention device. d. A separate landscape meter is required for common area landscape irrigation. The backflow preventer on the common area irrigation shall be the Reduce Pressure Backflow Assembly type as approved by the Public Works Services Director, or designee. e. The applicant/property owner shall file a Water Meter Clearance Application with the Public Works Services Department prior to the issuance of any building permits for the project. f. The applicant/property owner shall provide an emergency radio responder system at their expense in compliance with the California Fire Code Section 510. 6. Prior to approval of the Parcel Map the Owner/Applicant shall either construct or post security for all public improvements as shown on the Tentative Parcel Map No. 14-13 (71492) and the following required item(s): a. Remove and Replace any damaged or deficient curb, gutter and sidewalk along the property frontage on First Avenue, Wheeler Avenue, and Santa Clara Street. b. Construct a new access ramp at the corner of Wheeler Avenue and First Avenue. c. Remove and replace the driveway approach on Wheeler Avenue. Additional Sideway Easement may be required per City Standard 801 to maintain an accessible path of travel around the driveway approach. 7. The applicant/property owner and site superintendent shall coordinate with City Engineer and Public Works Services Director for the protection and/or replacement of existing trees within the City's rights-of-way. 5 8. 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 14-13, subject to the approval of 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 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 14-13 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. 6 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. 1928 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 December, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chan, Lin and Faizone NOES: Commissioner Chiao :/ Secreta t e Planning Commission