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HomeMy WebLinkAbout1939RESOLUTION 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. -2- 1939 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 DEER, 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 -3- 1939 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: APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney t....„..,<J4 hairman PI�nng in Commission 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. 1939 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 23rd day of June, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Chiao, Lin and Fafzone NOES: None ABSENT: Commissioner Baerg Secr ti of the Planning Commission