HomeMy WebLinkAboutItem 3 - Reso 1981 - 126 Diamond StDATE: December 13, 2016
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Associate Planner
SUBJECT: RESOLUTION NO. 1981 – APPROVING TENTATIVE PARCEL MAP NO.
TPM 16-05 (74706), MULTIPLE FAMILY ARCHITECTURAL DESIGN
REVIEW NO. MFADR 16-22, AND PROTECTED TREE
ENCROACHMENT PERMIT NO. TRE 16-35 WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM
DEVELOPMENT AT 126 DIAMOND STREET
Recommendation: Adopt Resolution No. 1981
SUMMARY
The applicant, Sanyao International, Inc., is requesting approval of a Tentative Parcel
Map, Multiple Family Architectural Design Review, and Protected Tree (Holly Oak)
Encroachment Permit for a three-unit residential condominium project at 126 Diamond
Street. The proposed development and subdivision are consistent with the City’s
General Plan, Subdivision Code, and Zoning Code. The proposed project qualifies for a
Categorical Exemption under the California Environmental Quality Act (CEQA). It is
recommended that the Planning Commission adopt Resolution No. 1981 (Attachment
No. 1) to approve Tentative Parcel Map No. TPM 16-05, Multiple Family Architectural
Design Review No. MFADR 16-22, and Protected Tree Encroachment Permit No. TRE
16-35, based on the findings and conditions stated in this report, including a CEQA
Exemption.
BACKGROUND
The subject property is an 8,002 square foot lot, zoned R-3, High Density Multiple
Family Residential. The property is currently developed with one, single-story, single
family residence constructed in 1936 - refer to Attachment No. 3 for an Aerial photo with
Zoning Information and Photos of the Subject Property and Surrounding Properties. A
Certificate of Demolition (Attachment No. 6) was approved for this project on September
6, 2016, based on an evaluation by an Architectural Historian that the existing structure
is not an historic resource.
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 2 of 9
PROPOSAL
The applicant is proposing to demolish the existing structure and detached garage and
construct three, French-style, townhouse units, and subdivide them into condominiums -
see Attachment No. 4 for the Tentative Parcel Map, and Attachment No. 5 for the
proposed architectural plans. Each two-story unit will have three bedrooms and three
and a half bathrooms, and will have living areas that range from 1,465 to 1,522 square
feet. Each unit will have a two-car garage, and two onsite guest parking spaces will be
provided for the three units.
DISCUSSION
The proposed three units will be broken up into two buildings, with a single-unit building
closest to the street and a two-unit building toward the alley at the back of the property.
They will have an overall building height of 27’-4”, where a maximum of 30’-0” is
allowed. The front of the development will be set back the required 25’-0” from the front
property line and the buildings will meet the minimum side yard setback requirements,
which are 5’-0” for the garages and 10’-0” for the dwelling units, and the rear building
will also meet the rear yard setback requirement of 10’-0”. The R-3 zone has a
minimum density factor of one unit per 2,200 square feet of lot area, and a maximum
density factor of one unit per 1,450 square feet of lot area. The subject 8,002 square
foot property is required to be developed with three to five units. The proposed project is
at the minimum density limit and complies with all applicable Zoning Code
requirements.
Architectural Design
The architectural style of the proposed
development is described as French – see
Attachment No. 5 for the proposed
architectural plans. The proposed design is
properly executed with French architectural
elements carried consistently throughout.
Hedges and trees of large planting sizes
are proposed along the side property lines
to provide privacy for the residents and the
neighbors. The massing, scale, style, and
quality of the design of the proposed buildings and landscaping are compatible with the
character of the other multiple family developments in the vicinity. The proposed design
is consistent with the City’s Multiple Family Residential Architectural Design Guidelines,
which can be found at www.ArcadiaCA.gov/designguidelines.
Tentative Parcel Map
The proposal to subdivide the three residential townhouse units into condominiums
requires that they be subdivided through the Tentative Parcel Map process – see
Attachment No. 4 for Tentative Parcel Map No. 74706. The proposed subdivision
complies with the subdivision regulations of the Arcadia Municipal Code and the State
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 3 of 9
Subdivision Map Act, and will not violate any requirements of a California Regional
Water Quality Control Board.
Protected Tree Encroachment
The protected tree is a 15” diameter Holly Oak located offsite in the public parkway, just
to the west of the subject site. The proposal is to remove the existing driveway and
driveway apron that are within the dripline of the tree and replace it with curb, gutter,
sidewalk, and landscaping per the City’s Public Works Services standards. A new
driveway and a driveway apron will be placed on the other side of the property. The
existing garden wall located beneath the canopy of the tree will remain and no pruning
of the tree is proposed. A Certified Arborist evaluated the proposal and determined
that the proposed alterations within the dripline of the tree are tolerable as long as the
recommendations listed in the Arborist Report dated September 2016 (Attachment No.
7) are followed. These recommendations are included as conditions of approval.
The proposed development will be consistent with the City’s General Plan, Multiple
Family Residential Architectural 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
A. The proposed design is consistent with the City’s Multiple Family Residential
Architectural Design Guidelines. The proposed architectural design is of high quality
and will have massing, scale, and an architectural style that are compatible and
harmonious with the neighborhood.
B. The following two findings are required for approval of a Tentative Parcel Map:
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 residential unit with a new, three-
unit, residential development that is consistent in character with the
neighborhood and the High Density Multiple Family Residential land use
designation as described in the City’s General Plan.
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.
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 4 of 9
C. Protected Tree Encroachment Permit
1. That the encroachment upon the tree is necessary.
The project includes the removal of the existing driveway within the dripline of the
protected tree and the installation of new curb, gutter, and sidewalk within this area.
A new driveway will be constructed on the opposite side of the property, which will
make the existing driveway obsolete and its removal necessary. The new curb,
gutter, and sidewalk are required by Engineering Services.
2. That the encroachment upon the tree is more desirable than an alternative project
design.
An alternative project design could utilize the existing driveway or install a new one
in the same location as the existing driveway. This option is not as desirable as the
proposed design that will relocate the driveway to the other side of the property and
remove the paving within the dripline of the tree. The project as proposed will open
up more soil area for root expansion, which is beneficial to the health of the tree.
3. That mitigation measures are included with the project to ensure that encroachment
will not eventually result in the loss of the tree.
The tree protection measures recommended by the Certified Arborist in his report
are included as conditions of approval.
The Arcadia Municipal Code states that the proposed subdivision should not be
approved if the Planning Commission finds that any of the following findings for denial
are applicable:
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 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
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 5 of 9
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.8. That the proposed waste discharge would result in or add to violation of
requirements of a California Regional Water Quality Control Board.
ENVIRONMENTAL ASSESSMENT
Pursuant to the provisions of the California Environmental Quality Act (CEQA) the
Development Services Department has determined that the proposed project qualifies
as a minor land division for a Class 15 Categorical Exemption and as an infill
development for a Class 32 Categorical Exemption per Sections 15315 and 15332,
respectively, of the CEQA Guidelines. Refer to Attachment No. 2 for the Preliminary
Exemption Assessment.
PUBLIC NOTICE/COMMENTS
The public hearing notice for this item was mailed to the
owners and tenants of those properties that are located
within 300 feet of the subject property on December 2,
2016. Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the public hearing notice
was published in the Arcadia Weekly on December 1, 2016.
As of December 7, 2016, no comments in response to the
notices had been received by Planning Services.
The existing unit is occupied with one tenant who was
notified in writing about the project and was provided with an
expected date to vacate the property.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
find that this project is Categorically Exempt under the California Environmental Quality
Act (CEQA) by adopting Resolution No. 1981, which includes the requisite findings, and
the following 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
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35 to the satisfaction of the
Development Services Director or designee(s).
2. The applicant/property owner shall pay a $100 Final Map fee and a $25 Final Map
Approval fee prior to the approval of the final Parcel Map.
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 6 of 9
3. Prior to the approval of the final Parcel Map the applicant/property owner shall
submit to the City Engineer, and must receive approval of 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 Parcel Map to the
satisfaction of the City’s Building Official or designee.
4. The applicant/property owner shall submit a grading plan prepared by a registered
civil engineer for approval by the City Engineer, and must receive such approval,
prior to the issuance of a building permit.
5. 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 Tentative Parcel Map No. TPM 16-05 (74706) prior to
approval of the final Parcel Map, including, but not limited to the following items, to
the satisfaction of the City Engineer, or designee:
a. Remove and replace existing curb, gutter, sidewalk, and driveway apron from
property line to property line along Diamond Street.
b. Remove and replace the asphalt alley and concrete ribbon gutter from property
line to property line along the alley frontage.
c. Construct a new driveway approach on Diamond Street per City standards, with
an offset of one foot from the property line to the top of the driveway wing.
6. The project shall comply with the applicable California Building Code and with the
Arcadia Multi-Family Standards to the satisfaction of the City’s Building Official or
designee.
7. The applicant/property owner shall install a separate water meter for each unit and
for the common area(s) to the satisfaction of the Public Works Services Director or
designee. A common water meter for each unit may be used to supply both
domestic water services and fire services and the developer shall separate the fire
service from domestic water service with an approved back flow device to the
satisfaction of the Public Works Services Director or designee.
8. The applicant/property owner shall plant one 36”-box Evergreen Pear tree in the
parkway at a location determined by the Public Works Services Department
inspector and this condition shall be satisfied prior to obtaining a certificate of
occupancy.
9. A water meter clearance application shall be filed with the Public Works Services
Department prior to the issuance of a building permit.
10. New water service installation shall be completed by the applicant/property owner
with installation in accordance with the specifications of the Public Works Services
Department, Engineering Division to the satisfaction of the Public Works Services
Director or designee. Abandonment of existing water services, if necessary, shall
be done by the applicant/property owner, according to the Public Works Services
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 7 of 9
Department, Engineering Division specifications to the satisfaction of the Public
Works Services Director or designee.
11. The applicant/property owner shall utilize the existing sewer lateral if possible and 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 to the
satisfaction of the Public Works Services Director or designee.
12. The proposed project shall integrate Low Impact Development (LID) strategies into
the site design to the satisfaction of the City Engineer or designee. These strategies
include, but are not limited to the use of infiltration trenches, bioretention planter
boxes, roof drains connected to a landscaped area, pervious concrete/pavers, etc.
13. 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, or their respective designees. 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.
14. 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.
15. The Owner/Applicant shall prepare and submit to the City’s Community
Development Administrator, or designee, a declaration of covenants, conditions and
restrictions (“CC&Rs”), which shall upon approval and execution be recorded in the
Los Angeles County Recorder’s Office by the Owner/Applicant against the subject
real property. The CC&Rs shall contain provisions for maintenance of the property
and the proposed development. The CC&Rs shall be in a form and substance
approved by the City Attorney, and shall provide among other matters that the
CC&Rs shall not be amended or terminated without the prior written approval of the
City. The CC&Rs shall receive the City Attorney’s approval prior to issuance of the
first building permit for the proposed development. The Owner/Applicant shall
deposit with the City the sum of $500 for purposes of the City Attorney’s review of
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 8 of 9
the CC&Rs. The deposit shall be increased by the Owner/Applicant on demand by
the City as the City deems necessary, and any excess funds shall be promptly
refunded to the Owner/Applicant following completion of review and approval of the
CC&Rs by the City Attorney.
16. The existing driveway may be used as the primary haul route for demolition and
construction. If this is the case, it is best that the existing driveway pavement
located in the dripline is not demolished with the existing home, but rather
maintained as rootzone and soil protection within the tree protection zone.
17. If the existing concrete pavement is removed from within the dripline of the
protected tree, then the area in the tree protection zone shall be protected with
fencing and soil and root protection material, and an alternate haul route shall be
designated and established, subject to the approval of the Development Services
Director or designee(s).
18. Prior to demolition of the existing structures on the property, the contractor and
consulting arborist shall meet onsite to make sure fences are properly placed and
installed and to review the goals for the tree protection plan. The jobsite fence that
will be set can be used as the protective fence and soil protection material can be
installed under the tree in the parkway strip.
19. The fenced tree protection zone shall be maintained through the completion of the
project. No staging of materials or equipment or washing-out shall be permitted
within the tree protection zone. The tree protection zone may be altered during
construction; however, any alterations of the tree protection zone must be approved
by a Certified Arborist.
20. All demolition, excavation or grading within the dripline of the protected tree shall be
done with hand tools and monitored by a Certified Arborist.
21. Landscaping beneath the canopy of the protected tree shall be appropriate for the
tree per a Certified Arborist’s determination.
22. A Certified Arborist shall be notified immediately if any injury whatsoever should
occur to a protected tree. Timeliness is critical to providing the best mitigation
treatment for injuries.
23. Approval of TPM 16-05 (74706), MFADR 16-22, and TRE 16-35 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.
TPM 16-05 (74706), MFADR 16-22, and TRE 16-35
126 Diamond Street
December 13, 2016 – Page 9 of 9
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should
approve a motion to adopt Resolution No. 1981 to approve Tentative Parcel Map No.
TPM 16-05, Multiple Family Architectural Design Review No. MFADR 16-22, and TRE
16-35, on the bases that the proposal satisfies the requisite findings, including the
environmental determination that the project is Categorically Exempt under the
California Environmental Quality Act (CEQA), and is subject to the conditions of
approval, as presented in this staff report or as modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny Tentative Parcel Map No. 16-05 and/or Multiple Family
Architectural Design Review No. MFADR 16-22 and/or TRE 16-35; state the finding(s)
that the proposal does not satisfy with reasons based on the record, and direct staff to
prepare a resolution for adoption at the next meeting that incorporates the
Commission’s decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the December 13, 2016, public hearing, please contact
Associate Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1981
Attachment No. 2: Preliminary Exemption Assessment
Attachment No. 3: Aerial Photo with Zoning Information and Photos of the Subject
Property & Surrounding Properties
Attachment No. 4: Tentative Parcel Map. No. 74706
Attachment No. 5: Proposed Architectural Plans
Attachment No. 6: Certificate of Demolition
Attachment No. 7: Arborist Report
Link to City Design Guidelines: www.ArcadiaCA.gov/designguidelines.
Attachment No. 1
Attachment No. 1
Resolution No. 1981
Attachment No. 2
Attachment No. 2
Preliminary Exemption Assessment
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 16-05, MFADR 16-22, and TRE 16-35
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):
126 Diamond Street
(Cross streets – 1st Avenue and 2nd Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Sanyao International, LLC
(2) Address 255 E. Santa Clara St., Suite 200,
Arcadia, CA 91006
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: 15315 - Class 15 (Minor Land Division)
15332 – Class 32 (Infill Development)
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: November 23, 2016 Staff: Nick Baldwin, Associate Planner
Attachment No. 3
Attachment No. 3
Aerial Photo with Zoning Information and
Photos of the Subject Property & Surrounding
Properties
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-3
Number of Units:
HDR
Zoning:
Property Characteristics
1936
1,364
1
K + K Development
Site Address:
126 DIAMOND ST
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 generated05-Dec-2016
Page 1 of 1
8,002
126 Diamond St., Subject Property
132‐136 Diamond St., AdjacentPropertyto the East
122 Diamond St., AdjacentPropertyto the West
125 Diamond St., PropertyAcross theStreet
135 Diamond St., Property Across the Street to the East
123 Diamond St., PropertyAcross theStreetto the West
Attachment No. 4
Attachment No. 4
Tentative Parcel Man No. 74706
Attachment No. 5
Attachment No. 5
Proposed Architectural Plans
S00°00'26"W 160.00'S00°00'26"W 160.01'
N89°59'53"W 50.01'
S89°59'57"W 50.01'
KITCHEN
DINING RM.LIVING RM.
LAUNDRY
PWDR.
TRASH &
RECYCLABLESENCLOSURE97 S.F.
2-CAR GARAGE393 S.F.
2-CAR GARAGE427 S.F.
PWDR.
LIVING RM.KITCHENDINING RM.
LAUNDRY
2-CAR GARAGE414 S.F.
PWDR.
LIVING RM.
KITCHEN
DINING RM.
LAUNDRY
CONCEPTUAL LANDSCAPE PLANSCALE : 1" = 10'-0"
3-UNIT CONDOMINIUM
126 DIAMOND ST.
ARCADIA, CA 91006
L-1082216T.L.
JobDrawnSheet
1"=10'-0"08-22-16
DateScale
Assessor's ID No. 5779-003-029
Sheet TitleProject
DATENOREVISIONSBEN LUNDGREN & ASSOCIATES
2605 FAIRFIELD PL.
SAN MARINO, CA 91108
TEL: 626-535-9544 FAX: 626-535-9534
CONSULTANT LANDSCAPE ARCHITECT, LIC. # 3109
TERRY LEE DESIGN GROUP
220 W. LESLIE DR.
SAN GABRIEL, CA 91775
TEL: 626-285-6522 FAX: 626-285-6479
Prepared by
CONCEPTUAL LANDSCAPE PLAN
9'X19'
GUEST
PARKING
9'X19'
GUEST
PARKING
INTERLOCKING
CONC. DRIVEWAY
CONC. DRIVEWAY
CONC. PATIO
CONC. WALKWAYCONC. PATIO
CONC. PATIO
PEA GRAVEL PATH
PEA GRAVEL PATH
PEA GRAVEL PATH
PAVERS (TYP.)INTERLOCKING
PAVERS (TYP.)INTERLOCKING
PAVERS (TYP.)INTERLOCKING
PAVERS (TYP.)
CONC.W A L K W A Y
Attachment No. 6
Attachment No. 6
Certificate of Demolition
Attachment No. 7
Attachment No. 7
Arborist Report