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HomeMy WebLinkAbout1946RESOLUTION NO. 1946 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 15 -04 (73634), MODIFICATION NO. MP 15 -06, MFADR 15 -04, AND OAK TREE ENCRAOCHMENT APPLICATION NO. 15 -23 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A TWO -UNIT CONDOMINIUM DEVELOPMENT AT 616 SOUTH THIRD AVENUE WHEREAS, on February 27, 2015, an application was filed by Christopher Loh, for the Architectural Design Review of a two -unit, multiple- family condominium development at 616 South Third Avenue, Development Services Department Case No. MFADR 15 -04; and WHEREAS, on May 11, 2015, an application was filed by New Ridge Development, LLC., for the encroachment into the canopy of one Oak Tree by the proposed condominium development at 616 South Third Avenue, Development Services Department Case No. THE 15 -23; and WHEREAS, on June 25, 2015, an application was filed by Christopher Loh, for the encroachment into the special setback on Third Avenue by the proposed condominium development at 616 South Third Avenue, Development Services Department Case No. MP 15 -06; and WHEREAS, on June 25, 2015, an application was filed by Charles Chow, for a Tentative Parcel Map for a two -unit condominium subdivision at 616 South Third Avenue, Development Services Department Case No. TPM 15 -04 (73634) (collectively, the foregoing applications are described as "The Project "); and WHEREAS, on August 26, 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 that the Project is exempt under CEQA per Section 15305 of the CEQA Guidelines because the Project qualifies as a minor alteration to a land use limitation and is in conformance with the General Plan and Subdivision Code; and WHEREAS, on September 8, 2015, a duly- noticed public hearing was held before the Planning Commission on the 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 September 8, 2015 are true and correct. SECTION 2. This Commission finds, based upon the entire record: 1. That the proposed Project 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. FACT: The 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. 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. 2 1946 3. That the Project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15305 of the CEQA Guidelines. 4. That the Development Services Director or designee is authorized to approve and execute, if necessary, a subdivision agreement for the Project. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15305 of the CEQA Guidelines, and approves Tentative Parcel Map No. TPM 15 -04 (73634), Modification No. MP 15 -06, Multiple Family Architectural Design Review No. MFADR 15 -04, and Oak Tree Encroachment No. THE 15 -23 for a two -unit condominium development at 616 S. Third 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 13th day of October, 2015. ATTEST: APPROVED AS TO FORM: /;k t Stephen P. Deitsch City Attorney Chaff pia , 'fannies Commission 3 1946 RESOLUTION NO. 1946 Conditions of Approval 1. The project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the revised plans submitted on October 1, 2015, and conditionally approved for TPM 15 -04, MP 15 -06, MFADR 15 -04, and THE 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 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 4 1946 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 fine, the Applicant must obtain permission from the affected owner(s) on the City's form. 14. No portion of the new wall may be located under the dripline of the Oak tree. 15. 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. 16. 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. 17. Approval of TPM 15 -04, MP 15 -06, MFADR 15 -04, and THE 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 5 1946 Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6 1946 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA I, Jim Kasama, Secretary of the Planning Commission of the City ofArcadia, hereby certify that the foregoing Resolution No. 1946 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, Lin, and Thompson NOES: None ABSENT: Commissioner Chiao �f t;,/of the Planning Commission