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HomeMy WebLinkAbout1947RESOLUTION NO. 1947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA APPROVING TENTATIVE TRACT MAP NO. TTM 14 -03 (73106), ZONE VARIANCE NO. ZV 15 -02, MODIFICATION APPLICATION NO. MP 14 -17, OAK TREE ENCROACHMENT APPLICATION NO. TRE 14 -30, MULTIPLE- FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 14 -09, AND GENERAL PLAN CONSISTENCY NO. GP 15 -01 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 20 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 501 N. SANTA ANITA AVENUE WHEREAS, on April 11, 2014 and April 21, 2014, applications were filed by Mr. Kenneth Pang, for the design review of a 20 unit residential condominium development and for the encroachment into the canopy of one Oak Tree by the proposed condominium development, at 501 N. Santa Anita Avenue, Development Services Case No. MFADR 14 -09 and TRE 14 -30; and WHEREAS, on August 21, 2014 and August 27, 2014, applications were filed by Mr. Kenneth Pang, for Modifications to allow encroachments into the special setback along Colorado Boulevard, encroachments into the front yard setback along N. Santa Anita Avenue, the interior side yard setback along the northerly property line, and the street side yard setback along Colorado Boulevard; a modification to exceed the allowable building length of 165' -0" for one building; and a modification to exceed the maximum allowable fence height of 6' -0" along the interior and street sides, and a Tentative Tract Map for a 20 unit condominium subdivision at 501 N. Santa Anita Avenue, Development Services Case No. MP 14 -17 and TTM 14 -03; and WHEREAS, on April 23, 2015, an application was filed by Mr. Scott Yang, for a Zone Variance to allow 20 units in lieu of the 23 required at 501 N. Santa Anita Avenue, Development Services Case No. ZV 15 -02. The design review application, oak tree encroachment application, subdivision application, modification application, zone variance application, and review of the General Plan consistency for partial vacation of the street right -of -way along Colorado Boulevard to gain additional land for the private residential development and provide disabled accessibility onto the subject site from the sidewalk are hereafter individually and collectively referred to as the "Project "; and WHEREAS, on September 23, 2015 an Initial Study for the project was prepared for this project, and it was determined that the Project is exempt under CEQA per Section 15332 of the CEQA Guidelines of the CEQA Guidelines because the Project is considered infill development; and WHEREAS, on October 1, 2015 a duly noticed public hearing was held before the Planning Commission on said applications, at which time all interested persons were given full opportunity to be heard and to present evidence; and 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 October 13, 2015 and Initial Study dated September 23, 2015 are true and correct. SECTION 2. This Commission finds, based upon the entire record: 1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan, the City's Subdivision Regulations, and the State Subdivision Map Act. 2 FACT: The proposed project will replace the church with a new, 20 -unit, residential development that is consistent in character with the High Density Multiple - Family Residential designation as described in the City's General Plan and is to be subdivided into condominiums in a mariner that is consistent with the City's Subdivision Regulations, and the State Subdivision Map Act.. 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. 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 there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. FACT: The irregular shape of the property is the basis to approve a variance since the unique shape and the required easements limit where the residential units may be located. This unique situation is an exceptional circumstance that necessitates a reduction in the number of units so as to allow the development to comply with other essential R -3 Zoning Code requirements, particularly the driveway widths, the number of parking spaces, and the minimum ingress and egress area for each parking space. 3 4. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. FACT: A multiple family development on this site would not have these effects. Providing 20 units in lieu of 23 units on the subject property would not be materially detrimental to the other properties in this R -3 zoned area. Indeed, the reduction in units would be Tess impactful to the properties in the vicinity of the subject property compared to the 23 units required. 5. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. FACT: This variance is necessary to allow the site to be developed in a manner similar to the other R -3 zoned properties of this area, which do not have irregular lot shapes or easements that reduce the developable area of a property.. 6. That the granting of such variance will not adversely affect the comprehensive general plan. FACT: The proposed development, despite the reduction in the number of units will have a density of 16 dwelling units per acre, which is consistent with the General Plan Land Use Designation of High Density Residential that has a density range of 12 -30 dwelling units per acre.. 7. That the proposed Zoning Modification will secure an appropriate improvement of a lot; prevent an unreasonable hardship; and/or promote uniformity of development. 4 FACT: The requested Modifications will allow the site to be developed in a manner similar to other R -3 zoned properties and will prevent an unreasonable hardship due to the irregular shape of the lot and the various easements that must be maintained, and therefore cannot be built on. The Modifications will also secure appropriate improvements that will be compatible with the neighboring commercial and residential properties. 8. That this Project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines. 9. That the partial vacation of the City's street right -of -way along Colorado Boulevard to gain additional land for the private residential development and provide disabled accessibility onto the subject site from the sidewalk is consistent with the General Plan, and that the Planning Commission forward a recommendation of approval of the City Council. This transaction would occur concurrently with the street vacation and improvements to Colorado Boulevard. The Planning Commission action, determination of the General Plan consistency, is not a project for the purposes of CEQA. The proposed partial vacation of the right -of -way by the City Council is expected to be categorically exempt from CEQA pursuant to Section 15301(c) because the action consists of a legal transfer of ownership which will result in negligible or no expansion of use beyond the project analyzed in the General Plan Environmental Impact Report, adopted in 2010. 10. That the Development Services Director or designee is authorized to approve and execute, if necessary, a subdivision agreement for this project. 5 SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15332 of the CEQA Guidelines, and approves Tentative Tract Map No. TTM 14 -03 (73106), Zone Variance Application No. ZV 15 -02, Modification Application No. MP 14 -17, Oak Tree Encroachment Application No. THE 14 -30, and Architectural Design Review No. MFADR 14 -09, for a 20 -unit residential condominium development at 501 N. Santa. Anita Avenue, 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 pp p z day of 6-12:v23� ,2015. ATTEST: APPROVED AS TO FORM: 1)-eaTal Stephen P. Deitsch City Attorney 6 Chairman, Planning ommission RESOLUTION NO. 1947 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 14 -03 (73106), ZV 15 -02, MP 14 -17, THE 14 -30, and MFADR 14 -09, 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 Tract Map. 4. Prior to approval of the Tract Map or issuance of a building permit, the applicant/property owner shall either construct or post security for all public improvements to be shown on the Tentative Map: a. The applicant/property owner shall install new street trees to be shown on the Grading Plan located in the parkways along Santa Anita Avenue and Colorado Boulevard per the City of Arcadia Street Tree Master Plan, b. The applicant/property owner shall construct a new ADA curb ramp at the corner of Santa Anita Avenue and Colorado Boulevard. c. The applicant/property owner shall remove and replace the sidewalk along Santa Anita Avenue from property line to property line. d. The applicant/property owner shall remove and replace the curb and gutter from property line to property line along Colorado Boulevard, Cornell Drive, Windsor Road, and Santa Anita Avenue. e. The applicant/property owner shall construct new driveway approaches per the City of Arcadia standard. f. The applicant/property owner shall construct a new inlet structure and underground piped storm water system to capture and convey the runoff from the alley to the north of the site to outlet at an approved drainage device, subject to the approval of the City Engineer. 5. Prior to the issuance of a building permit or the recordation of the final map, whichever comes first, the applicant/property owner shall make application to the City and pay all fees determined by the City to be necessary to vacate a portion of Colorado Boulevard in conformance with the site plan and the tentative map. The City shall retain a public utility easement over the entire vacated portion of the street. Prior to the City proceeding with the street vacation, the developer shall enter into an agreement in a form and substance approved by the Assistant City Manager /Development Services Director and the City Attorney or their designees, and post security in an amount determined by the Assistant City Manager /Development Services Director or designee, for the construction of a 7 sidewalk, retaining wall, and all associated elements along Colorado Boulevard at the proposed property line. The improvements must be completed in the time required by the Agreement, regardless of the developer's project proceeding. 6. The applicant/property owner shall submit a Grading Plan prepared by a registered civil engineer subject to the approval of the City Engineer prior to issuance of a building permit. 7. The applicant/property owner shall grant the City of Arcadia 5' -O" easements along Santa Anita Avenue and Cornell Drive for Street and Highway Purposes. 8. The applicant/property owner shall grant the City of Arcadia a corner cutback dedication at the corner of Santa Anita Avenue and Colorado Boulevard. The dedication shall be sufficient in size to accommodate a standard ADA curb ramp. 9. Prior to issuance of grading permit, the applicant/property owner shall complete the following: a. Grant Southern California Edison Co. and any other appropriate entities easement(s) for their respective on -site facilities by separate documents. b. Grant the City of Arcadia, easement(s) for Public Utilities for any sewer, water, and /or storm drain facilities, subject to the satisfaction of the City Engineer. c. Provide proof that all affected utility companies have accepted and are satisfied with the new easements and that they approve of the City of Arcadia's quitclaim of the existing Public Utility Easement. d. Request the City of Arcadia to quitclaim the existing Public Utility Easement either on the Final Map or by a separate document. The quitclaim must be approved prior to issuance of a grading permit. 10. The applicant/property owner shall submit a Standard Urban Stormwater Mitigation Plan (SUSMP) subject to the approval of the City Engineer prior to the issuance of a building permit. 11. Prior to the approval of the Final 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. 12. Prior to the issuance of a building permit, the applicant/property owner shall design and relocate the existing sewer main on Cornell Drive and the subject property as necessary to accommodate the proposed development. The design of the affected portions of the sewer main shall include, but not be limited to the relocation of manholes 507MH047 and 507MH049, and the addition of two new manholes and sewer mainline piping. 13. Access to a new manhole on the subject property shall be provided for routine maintenance of the sewer main. The access shall be unrestricted in its height, minimum 12 -feet in width, and capable of supporting H2O vehicle loading. 8 14.Access to manhole 507MH051 shall be provided from Colorado Boulevard. Access shall be a minimum 4' wide. A gate must be capable of being opened by City personnel with use of a City key, or by providing a lockbox. 15. Prior to the issuance of a building permit, the Developer /Owner shall remove and replace the existing 36" x 22" CMP storm drain from Windsor Road to Santa Anita Avenue with a new storm drain capable of conveying a comparable flow volume and flow rate as the existing drain. Design of the replacement drain shall be subject to the approval of the City Engineer. 16. Prior to the issuance of a building permit, the Developer /Owner shall design and construct a new storm drain capable of conveying flow from the alley south of Newman Avenue, between Windsor Road and Santa Anita Avenue to Cornell Drive and then to existing storm drains at either Colorado Boulevard or Santa Anita Avenue. 17.If it is determined by the Fire Marshal that a common fire suppression system (NFPA -13) is required to provide fire protection for the development, the fire service shall be served by a separate fire service with Double Check Detector Assembly (DCDA). 18. The applicant/property owner shall comply with the General Construction NPDES Permit. Submit a Notice of Intent (NOI) and pay applicable fees to the State Water Resources Control Board. 19. The applicant/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) as part of the General Construction Permit requirements. 20.A Waste Discharge identification (WDID) number shall be issued by the State prior to the approval of any grading plans. 21. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP) if there will be the creation, addition, or replacement of 5,000 square feet or more of impermeable surface area. 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. 22. The applicant/property owner shall integrate low impact development (LID) strategies into the site design. These strategies include using infiltration trenches, bio- retention planter boxes, roof drains connected to a landscaped area, pervious concrete /paver, etc. 23. Condominium or townhouse complexes of more than 5 individual units 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 24. If the water service is to be used to supply both domestic water and fire sprinklers for each unit, the developer shall separate the fire service from the domestic water service at each unit with an approved back flow prevention device. 9 25.A separate water service and meter will be required for common area landscape irrigation. 26.A Water Meter Clearance Application, filed with the Public Works Services Department, shall be required prior to permit issuance 27. New water service installation shall be 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 by the Developer, according to Public Works Services Department, Engineering Division specifications. 28. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (514.92), an approved backwater valve is required. 29. Existing trees in parkways shall remain and be protected. 30. The project shall comply with the 2013 California Building Code, including Chapter 11 -A (residential accessibility) and with the Arcadia Multi - Family Standards. 31.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. 32.A fire hydrant shall be provided adjacent to the driveway entrance from Windsor Road. 33. Fire extinguishers of 2A:10BC type shall be provided on the first floor level prior to the issuance of the Certificate of Occupancy. The maximum travel distance to an extinguisher shall be 75 feet. 34. The trash enclosure in the semi- subterranean parking area shall be revised to accommodate the required trash containers to the satisfaction of the Public Works Services Director or designee. 35. 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 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. 36.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 10 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. 37.Approval of TTM 14 -03 (73106), ZV 15 -02, MP 14 -17, THE 14 -30, and MFADR 14 -09 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. 11 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. 1947 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 13th day of October, 2015, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Lewis, Thompson and Chiao NOES: Commissioner Lin Secrecy of the Planning Commission