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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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