HomeMy WebLinkAboutItem 5 - Resolution 1939RESOLUTION NO. 1939
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, DENYING TENTATIVE PARCEL MAP NO.
TPM 14 -01 (72681) AND RESIDENTIAL MOUNTAINOUS
DEVELOPMENT PERMIT NO. RM 14 -01 AND NOT CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED TWO -LOT
SUBDIVISION AND GRADING OF A 90.46 -ACRE UNDEVELOPED
PROPERTY TO DEVELOP ONE 11.68 -ACRE PARCEL WITH ONE
SINGLE - FAMILY RESIDENTIAL BUILDING PAD AND FOR THE OTHER
78.78 -ACRE PARCEL TO REMAIN AS UNDEVELOPED OPEN SPACE
AT 2111 -2125 CANYON ROAD
WHEREAS, on January 8, 2014, Tentative Parcel Map No. TPM 14 -01 (72681)
and Residential Mountainous Development Permit Application No. RM 14 -01
(collectively known as the "Project ") were submitted by Mr. Scott Yang of Nevis Capital,
LLC, to subdivide a 90.46 -acre undeveloped property into two parcels to develop one
11.68 -acre parcel with one single - family residential building pad, and for the other
78.78 -acre parcel to remain as undeveloped open space, with grading of approximately
1.34 acres of the site at 2111 -2125 Canyon Road; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA ")
(Public Resources Code Section 2100 et seq.) a draft Environmental Impact Report
( "DEIR ") was prepared for the Project and assigned State Clearinghouse Number
2014041113; and
WHEREAS, the DEIR was filed with the State Clearinghouse on March 24, 2015,
for review by responsible agencies from March 24, 2015 to May 7, 2015; and
WHEREAS, the DEIR and Notice of Availability were released for public review
for a period of 45 days from March 23, 2015 to May 8, 2015; and
WHEREAS, on June 9, 2015, a duly - noticed public hearing was held before the
Planning Commission on the Project and DEIR, 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 Development Services
Department in the staff report dated June 9, 2015, are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
1. That the design of the subdivision or the proposed improvements for the
Project is likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
FACT: The DEIR identified an unavoidable adverse short -term aesthetic impact
due to the 7,000 cubic yards of grading to provide an access road and building pad for
the Project. The building pad would be at the upper portion of Parcel 1, and the removal
of all vegetation in the graded areas and the landform modifications will be highly visible
offsite, even at great distances. The grading cuts for the building pad and access road
would be approximately 16 feet and 10 feet tall, respectively. The Project will also
require the removal of 32 City - protected oak trees.
SECTION 3. That this Commission finds that the proposed work and design of
the lots and driveway for the Project that are subject to the Residential Mountainous
Development Permit would:
1. Cause excessive or unnecessary scarring of the natural terrain and
landscape through grading and removal of vegetation.
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FACT: The DEIR identified an unavoidable adverse short -term aesthetic impact
due to the extensive grading required for the proposed access road and building pad. A
total of 7,000 cubic yards of cut and fill are required for the Project. Furthermore, the
Project will remove 32 City- protected oak trees in addition to other vegetation for the
proposed grading. There are development alternatives that would reduce the grading
and avoid the scarring of the natural terrain and landscape. Alternative 5 of the DEIR, a
previously approved proposal for two lots fronting on Canyon Road, or a similar
development along Canyon Road, would reduce the amount of grading, and remove
fewer oak trees.
2. Cause unnecessary alteration of a ridge or crest line.
FACT: The Project would create a building pad 25 feet below the ridgeline with a
grading cut depth of 16 feet. This grading contributes to the unavoidable adverse short -
term aesthetic impact. There is at least one development alternative that would reduce
or avoid the alteration of the view of the ridge or crest line. Alternative 5 of the DEIR, a
previously approved proposal for two lots fronting on Canyon Road, or a similar
development along Canyon Road, would avoid the alteration of the ridge or crest line.
SECTION 4. That this Commission finds that there is insufficient evidence to
support the certification of the final Environmental Impact Report (FEIR) in that the
Project cannot be altered to adequately mitigate a significant environmental effect as
required by Section 15091 of the CEQA Guidelines, and that a Statement of Overriding
Consideration could not be made as required by Section 15093 of the CEQA
Guidelines. The Statement of Overriding Consideration must find substantial evidence
in the record to balance specific economic, legal, social, technological, or other benefits
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of the proposed project that outweigh the unavoidable adverse environmental impacts.
While the Project would allow for a low- density housing development of one residence
within the 90.46 -acre property, which is a residentially -zoned property, and provide for
conservation as open space of 78.78 acres, the City would bear the burden of
maintaining the open space, as well as any liability associated with it, and these
circumstances would not provide benefits that outweigh the unavoidable adverse
impacts.
SECTION 5. That for the foregoing reasons this Planning Commission denies
Tentative Parcel Map No. TPM 14 -01 (72681) and Residential Mountainous
Development Permit No. RM 14 -01, and does not certify the FEIR for a proposed two -
lot subdivision and grading of a 90.46 -acre undeveloped property to develop one 11.68 -
acre parcel with one single - family residential building pad and for the other 78.78 -acre
parcel to remain as undeveloped open space at 2111 -2125 Canyon Road.
SECTION 6. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 23rd day of June, 2015.
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
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