HomeMy WebLinkAboutItem No. 2_TPM 15-04 _616 S. ThirdDATE: September 8, 2015
TO: Honorable Chairman and Planning Commission
FROM: Lisa Flores, Planning Services Manager
By: Nick Baldwin, Assistant Planner
SUBJECT: RESOLUTION NO. 1946 – APPROVING TENTATIVE PARCEL MAP NO.
TPM 15-04, MODIFICATION NO. MP 15-06, MULTIPLE-FAMILY
ARCHITECTURAL DESIGN REVIEW NO. MFADR 15-04, AND OAK
TREE ENCROACHMENT APPLICATION NO. TRE 15-23 WITH A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR A TWO-UNIT
RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 616 S. THIRD
AVENUE.
Recommendation: Adopt Resolution No. 1946
SUMMARY
The applicant, Chris Loh, is requesting approval of a Multiple-Family Architectural
Design Review Application, Tentative Parcel Map, Modification, and an Oak Tree
Encroachment Application to accommodate a two unit condominium project at 616 S.
Third Avenue. The proposed development and subdivision are consistent with the City’s
General Plan and Subdivision Code and with the approval of the proposed special
setback and Oak tree encroachments, is consistent with the Zoning Code. As a minor
alteration to a land use limitation, the proposed development qualifies for a Categorical
Exemption under the California Environmental Quality Act (CEQA), as explained later in
the staff report. It is recommended that the Planning Commission adopt Resolution No.
1946 (Attachment No. 1) to approve Tentative Parcel Map No. TPM 15-04, Modification
No. MP 15-06, Design Review No. MFADR 15-04, and Oak Tree Encroachment
Application No. TRE 15-23 with a CEQA exemption, subject to the conditions listed in
this staff report.
BACKGROUND
The subject property is a 7,500 square foot lot and is zoned R-2, Medium Density
Multiple-Family Residential. The lot is currently developed with a 777 square foot, one-
story single family house with a detached two-car garage that were both constructed in
1924 - refer to Attachment No. 2 for an Aerial photo with Zoning Information and Photos
of the Subject Property and Surrounding Properties. The Certificate of Demolition was
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 2 of 9
approved on May 18, 2015. Based on the evaluation by an Architectural Historian, the
existing house is in good condition, but it is not a good example of a historic resource or
eligible for listing on the California Register.
PROPOSAL
The applicant is proposing to demolish the existing structures and construct two
condominium units that are of Spanish style. Each two story unit will have three
bedrooms and three and one-half bathrooms that are approximately 2,135 and 2,275
square-feet of living area, respectively. The new residences have an overall building
height of 29’-0”, where a maximum of 30’-0” is allowed. Each unit will have a two car
garage and one guest parking space for both units, all of which meets the parking
requirements.
The front unit will be set back 25’-0” from the front property line, which meets the front
yard setback requirement, but encroaches into the 35’-0” special front yard setback on
Third Avenue. The building will also encroach into the canopy of a mature Oak tree that
is located in the front yard area. All other Zoning Code requirements, including parking
and required open space, will be satisfied by the proposed design.
ANALYSIS
The requested modification would allow the building to encroach into the dripline of the
Coast Live Oak tree and within the 35’-0” special setback along Third Avenue. The
intent of the special setback requirement is to allow for future street widening and to
promote neighborhood compatibility. The City Engineer has reviewed the proposal and
has no objections to the requested Modification to encroach into the special setbacks
along Third Avenue. Therefore, the request to encroach into the special setback is
acceptable.
The site also has an existing mature Coast Live Oak tree that is located in the northerly
side of the front yard area. The mature tree is approximately 40’-0” in diameter and is in
good health. But, a portion of the new structure, the front yard fencing and pilasters
would encroach within the dripline of the oak tree – refer to the site plan below.
Oak Tree
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 3 of 9
A Certified Arborist has evaluated the proposed layout and found that all the proposed
improvements would not harm the tree, as long as the recommendations listed in the
Arborist Report, dated January 2015 (Attachment No. 5) are followed.
Architectural Design
Concurrent with the subdivision application, the Planning Commission is to approve,
conditionally approve, or deny the architectural design of the proposed project. The
architectural style of the development is described as Spanish – see Attachment No. 4.
The design is well conceived with the placement of all the parking behind the front unit
so that the Spanish architecture is the focus of the development as viewed from the
street. Each unit will have large private open space areas and the perimeter of the
property will be planted with trees and hedges to provide privacy for the residents and
the neighbors. The massing, scale, and quality of design of the proposed buildings and
landscaping match or exceed the character of the other multiple-family developments in
the vicinity. The proposed Spanish style architecture of the design is compatible with
other developments in the area and is consistent with the City’s Multiple-Family
Residential Design Guidelines.
The proposed development, aside from the encroachments into the special setback and
Oak Tree canopy, will be consistent with the City’s General Plan, Multiple-Family
Residential Design Guidelines, Subdivision Code, the State Subdivision Map Act, and
the City’s Zoning Code. The proposed plans have been reviewed by the various City
Departments, and all City requirements shall be complied with to the satisfaction of the
Building Official, City Engineer, Community Development Administrator, Fire Marshal,
and Public Works Services Director, or their respective designees.
FINDINGS
Tentative Parcel Map
The proposal for two residential condominium units requires that they be subdivided
through the Tentative Parcel Map process – see Attachment No. 3 for the Tentative
Parcel Map. The proposed subdivision complies with the subdivision regulations of the
Arcadia Municipal Code and the State Subdivision Map Act, and will not violate any
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 4 of 9
requirements of a California Regional Water Quality Control Board. The following two
findings are required for approval of a Tentative Parcel Map:
A.1. That the proposed subdivision, together with the provisions for its design
and improvement, is consistent with the City’s General Plan.
The proposed project will replace the existing single-family residence with a new,
two-unit, residential development that is consistent in character with the Medium
Density Multiple-Family Residential designation as described in the City’s General
Plan.
A.2. 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.
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.
The proposed subdivision should not be approved if the Planning Commission finds that
any of the findings for denial listed at the end of this staff report are applicable.
Modification
Section 9292.1.4 of the Arcadia Municipal Code states that the purpose of the
Modification procedures is for the following:
1.Secure an appropriate improvement of a lot;
2.Prevent an unreasonable hardship; or
3.Promote uniformity of development.
The intent of the special setback was to allow for future street widening and to promote
neighborhood compatibility. The City Engineer has reviewed the proposal and has no
objections to the requested Modification to encroach into the special setbacks along
Third Avenue as there are no plans to widen these streets. Additionally, granting the
encroachment does not deviate from the development pattern in the neighborhood.
ENVIRONMENTAL ANALYSIS
This project involves minor alterations to land use limitations, and qualifies as a Class 5
Categorical Exemption per the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15305 of the CEQA Guidelines. Refer to Attachment No. 6
for the Preliminary Exemption Assessment.
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 5 of 9
PUBLIC NOTICE
The public hearing notice for this item was published in the local newspaper and mailed to
the owners and tenants of those properties that are located within 300 feet of the subject
property on August 27, 2015.
The property owner has notified the tenant at this site
that he intends to develop the subject property with a
new condominium project. The expected timeline
regarding the move-out date, demolition, and
construction dates were also provided to the tenant.
During the notification period, Staff received one phone
inquiry from the adjacent property owner to the north at
610 S. Third Avenue. The owner was concerned with
the request for the special setback because he
believes that new development should meet all current
development standards.
RECOMMENDATION
It is recommended that the Planning Commission approve Tentative Parcel Map No.
TPM 15-04, Modification No. MP 15-06, Multiple-Family Architectural Design Review
No. MFADR 15-04, and Oak Tree Encroachment Application No. TRE 15-23, subject to
the following conditions, and find that the project is Categorically Exempt from the
California Environmental Quality Act (CEQA), and adopt Resolution No. 1946:
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
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23, subject to the approval of
the Community Development Administrator or designee.
2.The project shall be developed and maintained by the applicant/property owner in
compliance with all of the recommended tree protection measures listed in the Oak
Tree Report prepared for this project.
3.The applicant/property owner shall be required to pay a $100 Map fee and $25
Final Map Approval fee prior to the approval of the Parcel Map.
4.Prior to the approval of the Parcel Map the applicant/property owner shall submit to
the City Engineer for approval a separate demolition and erosion control plan
prepared by a registered civil engineer, and all existing structures shall be
demolished prior to approval of the Final Map.
5.The proposed development is subject to a Standard Urban Stormwater Mitigation
Plan (SUSMP) if the project results in the creation, addition, or replacement of
5,000 square-feet or more of impervious surface area. The applicant/property
owner shall prepare the SUSMP as prescribed by Los Angeles County Department
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 6 of 9
of Public Works SUSMP Manual and show the selected measures on the grading
plan if SUSMP is required.
6. 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 Parcel Map 73634 prior to approval of
the Parcel Map, including the following items, to the satisfaction of the City
Engineer, or designee:
a. The driveway approach, curb, gutter, and sidewalk, from property line to
property line, shall be removed and replaced by the applicant/property owner
per City of Arcadia Standard Plans prior to building occupancy.
7. The project shall comply with the 2013 California Building Code, including Chapter
11-A (residential accessibility) and with the Arcadia Multi-Family Standards.
8. The proposed project shall be served by two separate water meters. The size of
the water service will be determined based on the estimated fixture unit demand.
9. A Water Meter Clearance Application shall be filed with the Public Works Services
Department prior to the issuance of any building permit.
10. New water service installation shall be done by the applicant/property owner.
Installation shall be according to the specifications of the Public Works Services
Department, Engineering Division. Abandonment of existing water services, if
necessary, shall be done by the applicant/property owner, according to the Public
Works Services Department, Engineering Division specifications.
11. 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 to be installed on the
house lateral.
12. The applicant/property owner shall install an automatic sprinkler system per the City
of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard
prior to obtaining final occupancy.
13. Any new fence and/or wall shall be located inside the property line. If the Applicant
decides to place the new fence or wall on the property line, the Applicant must
obtain permission from the affected owner(s) and sign the City's wall agreement
form. But, no portion of the new wall may be located under the dripline of the Oak
tree.
14. 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
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 7 of 9
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.
15. 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.
16. Approval of TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23 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.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should
approve a motion to approve Tentative Parcel Map No. 15-04, Modification No. MP 15-
06, Multiple-Family Architectural Design Review No. MFADR 15-04, and Oak Tree
Encroachment Application No. TRE 15-23, state that the proposal satisfies the requisite
findings, and adopt the attached Resolution No. 1946 that incorporates the conditions of
approval set forth above, or as may be modified by the Commission.
Denial
If the Planning Commission intends to deny this project, the Commission should state
the specific findings that the proposal does not satisfy based on the evidence presented
with specific reasons for denial, and approve a motion to deny Tentative Parcel Map No.
15-04, Modification No. MP 15-04, and/or Multiple-Family Architectural Design Review
No. MFADR 15-04, Oak Tree Encroachment No. TRE 15-23 and direct staff to prepare
a resolution for adoption at the next meeting that incorporates the Commission’s
decision and specific findings. The Planning Commission may wish to consider the
following findings, which must be expanded upon with specific reasons for denial:
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 8 of 9
D.1. That the proposed map is not consistent with the applicable general and specific
plans as specified in Section 66451 of the Subdivision Map Act.
D.2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans and/or the City’s Multiple-Family Residential
Design Guidelines.
D.3. That the site is not physically suitable for the type of development.
D.4. That the site is not physically suitable for the density of development.
D.5. That the design of the subdivision or the proposed improvements is likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
D.6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
D.7. That the requested subdivision injuriously affects the neighborhood wherein said
lot is located.
D.8. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision. In this connection, the legislative body may
approve a map if it finds that alternate easements for access or for use, will be
provided and that these will be substantially equivalent to ones previously
acquired by the public. This finding shall apply only to easements of record or to
easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to a legislative body to determine that the public at
large has acquired easements for access through or use of property within the
proposed subdivision.
D.9. That the proposed waste discharge would result in or add to violation of
requirements of a California Regional Water Quality Control Board.
D.10. That the requested Modification would not secure an appropriate improvement of
a lot; would not prevent an unreasonable hardship; and would not promote
uniformity of development.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the September 8, 2015, public hearing, please contact
Assistant Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ArcadiaCA.gov.
TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
616 S. Third Ave.
September 8, 2015 – Page 9 of 9
Attachment No. 1: Resolution No. 1946
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property & Surrounding Properties
Attachment No. 3: Tentative Parcel Map. No. TPM 15-04
Attachment No. 4: Proposed Architectural Plans
Attachment No. 5: Arborist Report, dated January 2015
Attachment No. 6: Preliminary Exemption Assessment
Attachment No. 7 300-foot Radius Map
Attachment No. 1
Resolution No. 1946
Attachment No. 1
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Property & Surrounding
Properties
Attachment No. 2
Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
R-2
Number of Units:
MDR
Zoning:
Property Characteristics
1924
777
1
HINDS,LAUREN B TR JOAN E BOLLEY DECD TRUST
Site Address:
616 S 3RD AVE
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated28-Aug-2015
Page 1 of 1
7,500
616 S. Third Ave., Subject Property
303 Genoa St., Adjacent Property to
the South
610 S. Third Ave., Adjacent Property
to the North
596‐608 S. Third Ave., Property Two
Lots to the North
613 A‐B S. Third Ave., Property across
the Street
601 A‐B S. Third Ave., Property across
the Street to the North
231 Genoa St., Property across the
Street to the South
Attachment No. 3
Tentative Parcel Map. No. TPM 15-04
Attachment No. 3
Attachment No. 4
Proposed Architectural Plans
Attachment No. 4
Attachment No. 5
Arborist Report, dated January 2015
Attachment No. 5
Attachment No. 6
Preliminary Exemption Assessment
Attachment No. 6
FORM “A” – Preliminary Exemption Assessment
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: TPM 15-04, MP 15-06, MFADR 15-04, and TRE 15-23
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
616 S. Third Avenue
(Cross streets – El Dorado Street and Genoa Street)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Christopher Loh
(2) Address 1704 E. Cortez St.
West Covina, CA 91791
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: 15305 - Class 5 (Minor Alteration to Land Use
Limitation).
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt
on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: August 26, 2015 Staff:Nick Baldwin, Assistant Planner
Attachment No. 7
300-foot Radius Map
Attachment No. 7