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HomeMy WebLinkAbout1943RESOLUTION NO. 1943 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. TTM 73491 WITH A CLASS 1 CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A SEVEN -UNIT INDUSTRIAL CONDOMINIUM CONVERSION AT 12101 CLARK STREET WHEREAS, on April 13, 2015, an application was filed by SNW Development, Inc. for the seven -unit industrial condominium conversion at 12101 Clark Street, Development Services Department Case No. TTM 73491 (hereafter referred to as the "Project "); and WHEREAS, on July 2, 2015, 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 15301 of the CEQA Guidelines because the Project is an existing facility; and WHEREAS, on July 14, 2015, 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 July 14, 2015 are true and correct. SECTION 2. This Commission finds, based upon the entire record: 1. That the proposed Project is consistent with the City's General Plan, the City's Subdivision and Zoning Regulations, and the State Subdivision Map Act. FACT: The proposed Project will subdivide the airspace of an existing industrial building and no new construction or exterior changes to the existing building are proposed. Therefore, this Project will remain in character with the Industrial designation as described in the City's General Plan, Subdivision and Zoning Regulations, and the State Subdivision Map Act. 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 15301 of the CEQA Guidelines. 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 determines that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, and approves Tentative Tract Map No. TTM 73491 for a seven -unit industrial condominium conversion at 12101 Clark Street, 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 14th day of July, 2015. 2 APPROVED AS TO FORM: Stepherf P. Deitsch City Attorney 3 Chairman, Planning Commission RESOLUTION NO. 1943 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 TTM 73491, subject to the approval of the Community Development Administrator or designee. 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 Tract Map prior to approval of the Final Map, including the following items, to the satisfaction of the City Engineer, or designee: a. Construction of a new driveway approach per City of Arcadia Standard Plans. b. Construct a new sidewalk transition around the driveway approaches and dedicate to the City of Arcadia the strips of land for the new sidewalks. 3. The applicant/property owner shall pay the fallowing fees prior to the approval of the Final Map: Map fee of $100 and Final approval fee of $25 fora total of $125 4. The project shall comply with all applicable federal and State regulations regarding accessibility. 5. Written agreement of individual condominium owners must be provided to the City verifying that all common fire protection systems; i.e., fire sprinkler and fire alarm systems, shall be maintained, tested, and repaired as necessary at the expense of all property owners. 6. The applicant/property owner shall update the water service billing record with the City's Public Works Services Department to reflect the change(s) of ownership from a single owner to multiple owners that are managed by a cooperative association. 7. The applicant/property owner shall establish a sewer account with the City's Public Works Services Department. 8. The Covenants, Conditions, and Restrictions (CC &Rs) for this condominium subdivision shall be submitted to the Community Development Administrator or designee for review and approval prior to the recordation of the Final Map. 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 4 Official, Fire Marshal, Public Works Services Director, and Development Services Director, or respective designees. If deemed necessary by any of the foregoing City officials, 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 TTM 73491 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. 5 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. 1943 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 14th day of July, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Chiao, Lin and Baerg NOES: None Seer - of the Planning Commission