Loading...
HomeMy WebLinkAbout1917 RESOLUTION NO. 1917 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-12, MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 14-12, AND TENTATIVE TRACT MAP NO. TTM 72894 WITH A MITIGATED NEGATIVE DECLARATION PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 17-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 132, 136, AND 142 LAS TUNAS DRIVE WHEREAS, on May 19, 2014, Mr. Matt Waken of Arcadia 17 Development, LLC, submitted an application for architectural design review (MFADR 14-12) for a 17-unit residential condominium development at 132, 136, and 142 Las Tunas; and WHEREAS, on July 14, 2014, Mr. Matt Waken of Arcadia 17 Development, LLC, submitted applications for a Conditional Use Permit (CUP 14-12) and a Tentative Tract Map (TTM 72894) to allow a 17-unit residential condominium development at 132, 136, and 142 Las Tunas Drive on a property with the Residential-Flex Overlay Zoning; and WHEREAS, on September 25, 2014, a Draft Initial Study/Mitigated Negative Declaration for the 17-unit residential condominium development (CUP 14-12, MFADR 14- 12, & TTM 72894) at 132, 136, and 142 Las Tunas Drive was circulated for public review and comments for 20-days from September 25, 2014 through October 14, 2014; and WHEREAS, on October 10, 2014, the sole comment received was a letter from the South Coast Air Quality Management District dated October 9, 2014 in regards to Air Quality analysis in the Initial Study/Mitigated Negative Declaration; and WHEREAS, on October 14, 2014, a duly noticed public hearing was held before the Planning Commission and the said applications, and the Initial Study/Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program were continued to the hearing on November 25, 2014 to allow City Planning Staff to respond to comments; and WHEREAS, City Planning Staff with the assistance of environmental consultant Alta Environmental revised the Initial Study/ Mitigated Negative Declaration and the associated Mitigation and Monitoring Reporting Program to provide improved clarity and enhanced analysis; and WHEREAS, on November 3, 2014 City Planning Staff responded to the comments by South Coast Air Quality Management District by providing them the revised Initial Study/Mitigated Negative Declaration and associated Mitigation and Monitoring Reporting Program for their review; and WHEREAS, on November 5, 2014 the South Coast Air Quality Management District sent City Planning Staff an e-mail stating that after reviewing the revised Initial Study/Mitigated Negative Declaration and associated Mitigation and Monitoring Reporting Program they had no further comment; and WHEREAS, the Final Initial Study/Mitigated Negative Declaration concluded that the implementation of the Project will have less-than-significant impacts with mitigation measures for all categories, including Air Quality, Biological Resources, Cultural Resources, Hazards/Hazardous Materials, and Noise; and WHEREAS, a lead agency approves a Project requiring the implementation of measures to mitigate or avoid significant effects on the environment; and CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during Project implementation, and such a MMRP has been prepared for the Project for consideration by the decision-maker of the City of Arcadia as lead agency for the Project; and WHEREAS, on November 25, 2014, a public hearing that was continued from the October 14, 2014 Planning Commission meeting was held before the Planning 2 Commission on said applications, and the Initial Study/Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, and 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 November 25, 2014, including the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are true and correct. SECTION 2. This Commission finds, based upon the entire record: a. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FACT: The proposed residential condominium development is consistent with the Residential-Flex Overlay Zoning regulations and the two required modifications are minor in nature and do not change the character of the project. The potential impacts that could be caused by this project were analyzed in the Initial Study/Mitigated Negative Declaration, and it was found that with mitigation measures all impacts would be at less than significant levels. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the project site is C-2, General Commercial with a Residential-Flex (R-F) Overlay. The R-F Overlay Zoning in Arcadia Municipal Code Section 9280 authorizes residential uses with an approved Conditional Use Permit. 3 c. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. FACT: The proposed project meets the Residential-Flex (R-F) Overlay Zoning regulations, except for the two Zoning Modifications. The proposed development is compatible with the neighboring uses, and approval of the two Zoning Modifications will adjust the design of the proposed project to the site and neighborhood. The mitigation measures listed in the Mitigation Monitoring and Reporting Program (MMRP) reduce all impacts associated with this project to less than significant levels. Therefore, the site is adequate in size and shape to accommodate the proposed residential condominium development and no additional adjustments of the use are necessary. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located between Las Tunas Drive and W. Live Oak Avenue with Santa Anita Avenue and El Monte Avenue as the nearest cross streets. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed residential condominium development. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: The proposed residential development is consistent with the Residential-Flex (R-F) Overlay Zoning, which was enacted in accordance with a General Plan Amendment that was adopted to address the utilization of residential development in certain commercial and mixed-use areas as a catalyst for revitalization of those areas. The proposed project is consistent with the policy of encouraging 4 residential development while preserving the land use rights of the base zoning designation and compatibility between uses, and is consistent with the current and envisioned character of the area. The proposal will not adversely affect the comprehensive General Plan. f. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan. FACT: The proposed subdivision is consistent with the City's General Plan to foster residential development in certain areas to act as a catalyst for revitalization of adjacent commercial uses. g. 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. h. That pursuant to the provisions of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared for the proposed development, and that the Project will have less than significant impacts with mitigation measures. 5 SECTION 3. That for the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14-12, Multiple-Family Architectural Design Review No. MFADR 14-12, and Tentative Tract Map No. TTM 72894, and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for a 17-unit residential condominium development at 132, 136, and 142 Las Tunas Drive, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. NOV e-in Passed, approved and adopted this day of 9eteba, 2014. Chairman, 'lanning Commission ATTEST: Secr ` ry APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 6 RESOLUTION NO. 1917 Conditions of Approval 1. The applicant/property owner shall pay the following fees prior to approval of the final Tract Map: A Map Fee of $100.00 and a Final Approval Fee of $25.00 for a total of $125.00. 2. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP). 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 to the satisfaction of the City Engineer or designee. Please note that SUSMP requirements will be replaced with a Low Impact Development (LID) Ordinance that is currently under development. In summary, LID projects require that the project need to retain onsite Stormwater Quality Design Volume as runoff from 1) 0.75-inch, 24 hour rain event, or 2) 85th percentile, 24 hour rain event. 3. The existing curb, gutter, and sidewalk along Las Tunas Drive and W. Live Oak Avenue shall be removed and replaced per City of Arcadia Standards. 4. The existing driveway approaches along Las Tunas Drive and W. Live Oak Avenue shall be closed by the applicant/property owner and a new approach shall be constructed per City of Arcadia Standard 801-1 prior to obtaining final occupancy. 5. The applicant/property owner shall install new trees to be shown on the Grading Plan located in the parkway along Las Tunas Drive and W. Live Oak Avenue per the City of Arcadia Street Tree Master Plan. 6. The condominium development shall utilize the 8" cast iron water main with 61 PSI static pressure that is available on the south side of Las Tunas Drive for domestic water and/or fire services. The applicant/property owner shall provide calculations to determine the maximum domestic demand and maximum fire demand in order to verify the water service size required. The calculations shall be submitted to the Public Works Services Department prior to issuance of any permits. 7. The proposed project shall be served by a common domestic water meter and service capable of supplying sufficient water to meet all domestic and fire suppression needs of the total number of units. 8. A separate fire service with Double Check Detector Assembly shall be required as directed by the Fire Marshal if fire suppression is common to the complex. 9. The applicant/property owner shall separate the fire service from domestic water service at each unit with an approved back flow prevention device if a common water service is to be used to supply both domestic water and fire sprinklers for each unit. 10. The proposed project shall require a separate water service and meter for common area landscape irrigation. 7 11. New water service, if necessary, shall be installed by the applicant/property owner. 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, according to Public Works Services Department specifications. 12. The applicant/property owner shall utilize the existing sewer lateral if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, an approved backwater valve is required. 13. An automatic sprinkler system shall be installed by the applicant/property owner per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard prior to obtaining final occupancy. 14. Fire lanes shall be marked in an approved manner indicating "NO PARKING — FIRE LANE." This language shall be noted on the Plan submitted for Plan Check. 15. Fire extinguishers of the 2A:10BC type shall be provided by the applicant/property owner on the first level prior to obtaining final occupancy. The maximum travel distance to any extinguisher shall not exceed 75 feet. 16. This project shall comply with Chapter 11-A of the 2013 California Building Code for residential accessibility and the Arcadia Multi-family Standards. 17. The prospective residents shall be notified by the applicant/property owner that they are living in an urban area and that the noise level may be higher than a typical residential area per the City's Zoning Code for the Residential-Flex Overlay Zone, and the applicant/property owner shall confirm that the prospective residents did receive and understand this information. 18. The property owner/applicant shall submit a map detailing the route to be followed by construction vehicles making deliveries of equipment, materials, and soils to and from the site to Planning Services for review and approval prior to issuance of a grading permit. 19. The project shall be developed and maintained in a manner that is consistent with the plans submitted and conditionally approved for CUP 14-12, TTM 72894, and MFADR 14-12, subject to the approval of the Community Development Administrator or designee. 20. 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 8 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. 21. Approval of CUP 14-12, MFADR 14-12, and TTM 72894 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, 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. Mitigation Measures and Regulatory Requirements as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 22. Prior to the issuance of a building permit, the applicant shall prepare a lighting plan that provides the type and location of the proposed exterior lighting, subject to the review and approval of the City's Development Services Department. 23. Demolition and grading for the Project shall be performed in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403, Fugitive Dust. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Contractor compliance with Rule 403 and Rule 402 requirements shall be mandated in the contractor's specifications and shall include the measures listed below: a. Paved streets shall be swept at least once per day where there is evidence of dirt that has been carried onto the roadway. b. Watering trucks shall be used to minimize dust. Watering should be sufficient to confine dust plumes to the Project work areas. Active, disturbed areas shall have water applied to them three times daily. c. For disturbed soil surfaces that will be left inactive for four or more days, a chemical stabilizer shall be applied pursuant to the manufacturer's instructions. d. For open soil storage piles that will remain on site for two or more days, water shall be applied once per hour or coverings shall be installed. e. All haul vehicles shall be covered or shall comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. During high wind conditions (i.e., wind speeds in excess of 25 miles per hour), all earth moving activities shall cease or water shall be applied to soil not more than 15 minutes prior to disturbing such soil. 9 f. The contractor shall prepare a construction air pollution control strategy report for review by the City's Planning Services prior to the issuance of a building permit. g. The import and export of soils from the project site shall not occur on the same day. These activities shall be separated by at least one day to minimize fugitive dust. h. The applicant shall use Low-VOC architectural coatings for all buildings. At a minimum, all architectural coatings shall comply with the most recent standards in SCAQMD Rule 1113 — Architectural Coatings. i. The applicant shall require by contract that specifications that contractors shall utilize equipment registered under DOORS, the California Air Resources Board In-Use Off-Road Diesel Vehicle Registration program. This applies to all off-road vehicles that are 25 horsepower or greater. Contract specifications shall be included with the construction documents submitted for Plan Check. j. Prior to the issuance of a building permit, the applicant shall require by contract specifications that contractors shall utilize power poles or clean-fuel generators for electrical construction equipment. Contract specifications shall be included with the construction documents submitted for Plan Check. 24. The Project shall be built in accordance with the Title 24 Building Efficiency Standards and Title 24 Green Building Standards. 25. Should archaeological resources be found during ground-disturbing activities for the Project, an Archaeologist shall be hired to first determine whether it is a "unique archaeological resource" pursuant to Section 21083.2(g) of the California Public Resources Code (PRC) or a "historical resource" pursuant to Section 15064.5(a) of the State CEQA Guidelines. If the archaeological resource is determined to be a "unique archaeological resource" or a "historical resource", the Archaeologist shall formulate a mitigation plan in consultation with the City of Arcadia that satisfies the requirements of the above-referenced sections. If the Archaeologist determines that the archaeological resource is not a "unique archaeological resource" or "historical resource", s/he may record the site and submit the recordation form to the California Historic Resources Information System at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. 26. If human remains are encountered during excavation activities, all work shall halt in the immediate vicinity of the discovery and the County Coroner shall be notified (California Public Resources Code §5097.98). The Coroner shall determine whether the remains are of forensic interest. If the Coroner, with the aid of the Archaeologist approved by the City of Arcadia, determines that the remains are prehistoric, s/he will contact the Native American Heritage Commission (NAHC). The NAHC shall be responsible for designating the most 10 likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD shall make his/her recommendation within 48 hours of being granted access to the site. The MLD's recommendation shall be followed if feasible, and may include scientific removal and non-destructive analysis of the human remains and any items associated with Native American burials (California Health and Safety Code §7050.5). If the landowner rejects the MLD's recommendations, the landowner shall rebury the remains with appropriate dignity on the property in a location that will not be subject to further subsurface disturbance (California Public Resources Code §5097.98). 27. Prior to issuance of building permits, the Developer shall submit plans and specifications to Building Services demonstrating to the Building Official's or designee's satisfaction that all residential units shall be provided with a means of mechanical ventilation, as required by the California Building Code for occupancy with windows closed. 28. Prior to the issuance of the building permit, the Developer shall ensure, through contract specifications, that the following construction best management practices (BMPs) will be implemented by contractors to reduce construction noise levels: a. Ensure that construction equipment is properly muffled according to industry standards and is in good working condition. b. Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. c. Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources. d. Use electric air compressors and similar power tools rather than diesel equipment, where feasible. e. Turn off construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment when not in use for more than 30 minutes. f. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate; take appropriate corrective action; and report the action taken to the reporting party. g. Include the contract specifications in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit (whichever is issued first). 11 29. All units shall be provided with means of mechanical ventilation, as required by the California Building Code, for occupancy when windows are closed. Noise levels from the mechanical equipment shall not exceed 55 dba at the property lines or beyond. 30. For units that share a common wall, the common wall shall be sound rated. A minimum STC of 50 is required. For units stacked upon another unit, the floor/ceiling shall be sound rated at STC of 50 or higher and impact protected with an impact isolation class rating of 50 or higher. All of these rating requirements shall be documented on the building plans submitted for Plan Check. 31. A portion of the wall along the east side of the property shall be 10 feet high to reduce the noise impact by 10 dB that is required to meet the maximum allowable interior noise level for residential uses. This portion of the wall will begin at guest parking space number 4 that is shown on the Site Plan and extend 75 feet northward. The applicant/property owner shall enter into and record with the Los Angeles County Recorder, in a form and substance approved by the City Attorney, a covenant that states that the entire wall will be lowered to and maintained at a 6 foot height if the adjacent property to the east is redeveloped with a residential use. This action shall be at the cost and expense solely of the applicant/property owner and shall be completed prior to the recordation of the final tract map. 32. A qualified biologist shall conduct nesting bird surveys in areas with suitable habitat prior to all construction or site preparation activities that would occur during the nesting and breeding season for native bird species (typically March 1 through August 15). The survey area shall include all potential bird nesting areas within 200 feet of any disturbance. The survey shall be conducted no more than three days prior to commencement of activities (e.g. grading). If active nests of bird species protected by the MBTA and/or California Fish and Game code (which, together, apply to all native nesting bird species) are present in the impact area or within 200 feet of the impact area, a temporary buffer fence shall be erected a minimum of 200 feet around the nest site. This temporary buffer may be greater or lesser depending on the bird species and type of disturbance, as determined by the biologist and/or applicable regulatory agency permits. Clearing and/or construction within temporarily fenced areas shall be postponed or halted until juveniles have fledged and there is no evidence of a second nesting attempt. The biologist shall serve as a construction monitor during those periods when disturbance activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. 33. In accordance with the California Code of Regulations (Title 8, Section 1541), if any construction, excavations, and new utility lines are proposed near or crossing existing high pressure pipelines, natural gas/petroleum pipelines, electrical lines greater than 60,000 volts, and other high priority lines are 12 required to notify the owner/operator of the line and must identify the locations of subsurface lines prior to any ground disturbance for excavation. Coordination, approval, and monitoring by the owner/operator of the line would avoid damage to high priority lines and prevent the creation of hazards to the surrounding area. 34. Prior to demolition of any existing buildings or associated structures, a qualified contractor shall be retained to survey structures proposed for demolition to determine if asbestos-containing materials (ACM) and or lead based paint (LBP) are present. If ACM and/or LBP are present, prior to the commencement of general demolition, these materials shall be removed and transported to an appropriate landfill by a licensed contractor. This measure shall be implemented to the satisfaction of the City Building Official, including written documentation of the disposal of any ACMs or LBP in conformance with all applicable requirements. 35. Prior to the issuance of a grading permit, the developer shall file an Erosion and Sediment Control Plan (ESCP) and a Construction Waste Management Plan (CWMP) with the City for review and approval. This measure shall be implemented to the satisfaction of the City Engineer. 36. The project will have a Standard Stormwater Mitigation Plan (SUSMP) prepared for the project and submitted to the City for review and verification compliance. This measure shall be implemented to the satisfaction of the City Engineer. 37. The applicant shall comply with all applicable codes, ordinances, and regulations, including the most current edition of the California Fire Code and the City of Arcadia Municipal Code, regarding fire prevention and suppression measures; fire hydrants; fire access; water availability; and other, similar requirements. Prior to the issuance of building permits, the City of Arcadia Development Services Department and the Arcadia Fire Department shall verify compliance with applicable codes and that appropriate fire safety measures are included in the project design. All such codes and measures shall be implemented prior to occupancy. 38. Prior to the issuance of a building permit, the applicant shall pay new development fees to the Arcadia Unified School District (AUSD) pursuant to Section 65995 of the California Government Code. As an option to the payment of developer fees, the AUSD and applicant can enter into a facility and funding agreement, if approved by both parties. Evidence that agreements have been executed shall be submitted to the Development Services Department, or fees shall be paid with each building permit. 13 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. 1917 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 25TH day of November, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chiao, Lin and Falzone NOES: None ABSENT: Commissioner Chan Secret- • the Planning Commission