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HomeMy WebLinkAbout7180 RESOLUTION NO. 7180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING REVISIONS TO TENTATIVE PARCEL MAP NO. TPM 09-08 (71182), RESIDENTIAL MOUNTAINOUS DEVELOPMENT PERMIT NO. RM 07-01 , AND OAK TREE PERMIT NO. TR 08-04, WITH A MITIGATED NEGATIVE DECLARATION AND UPDATED ANALYSIS FOR A TWO LOT SUBDIVISION AND GRADING FOR TWO SINGLE-FAMILY RESIDENCES AT 2111-2125 CANYON ROAD WHEREAS, on December 27, 2016, applications were filed by the property owner, Nevis Capital, LLC, for the Revised Tentative Parcel Map for a two lot subdivision, Development Services Department Case No. Revised TPM 09-08 (71182), a Revised Residential Mountainous Development Permit, Development Services Department Case No. RM 07-01, and a Revised Tree Permit for the removal and encroachment of healthy protected trees, Development Services Department Case No. Revised TR 08-04 at 2111-2125 Canyon Road (the subdivision application, development permit, and tree application are hereafter individually and collectively referred to as the "Project"); and WHEREAS, on July 12, 2017, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA"), and recommended that the City Council determine the Project requires no additional environmental review under Section 15162 of the CEQA Guidelines as all the Project's potential impacts have already been analyzed and mitigated in the 2010 Mitigated Negative Declaration (MND) and Mitigated Monitoring and Reporting Program (MMRP), and which fully covers the Project; and 1 WHEREAS, on July 25, 2017, a duly noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, after considering the evidence presented, the Planning Commission adopted Resolution No. 1999 recommending approval of the Project to the City Council with certain added conditions; and WHEREAS, on September 19, 2017, a duly noticed public hearing was held before the City Council on said Project at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL 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 19, 2017, are true and correct. SECTION 2. This Council finds, based upon the entire record: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. FACT: The land use designation for the subject property is Residential Estates which accommodates low density, single-family residential neighborhoods. Development in Residential Estate areas is characterized by large, estate-type lots, of 22,000 square feet or more. General Plan Land Use Element Policy LU-3.6 encourages preservation of the natural topography of a site and existing mature trees. The proposed project will create two lots 1 .99 acres and 88.64 acres in size. The lot sizes are consistent with the General Plan. The building pads for the two homes are located along Canyon Road with 2 37'-9" and 28'-4" front yard setbacks. The building pads will be a maximum of 35'-0" above the street, well below the ridgeline. This helps to preserve the natural topography of the site and existing mature trees by minimizing the amount of grading required and protecting more than 97% of the existing mature trees located on the subject properties. The proposed maps, subdivision design and improvements are consistent with the General Plan and the Subdivision Section of the Development Code. B. The site is physically suitable for the type and proposed density of development. FACT: The General Plan Land Use Designation for the project site is Residential Estates which accommodates low density, single-family residential neighborhoods. Development in Residential Estate areas is characterized by large, estate-type lots, of 22,000 square feet or more and up to two dwelling units per acre. The zoning is R-M&D, Residential Mountainous with an Architectural Design Review Overlay which requires a minimum of 15,000 square feet (0.34 acres) per lot. The R-M zone is intended to provide areas for detached single-family dwelling units on estate-type lots in the hillside and valley areas of the City. The proposed two-lot subdivision will create two lots, 1.99 acres and 88.64 acres in size, well above the minimum lot size recommended for the land use designation and required by the underlying zoning. The updated analysis to the Mitigated Negative Declaration states that the proposed development would not exceed the density of existinG single-family residential development in the project vicinity and impacts to population growth would be less than significant. The site is physically suitable for the proposed single-family residences and density of development. 3 C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. FACT: The subject property is currently a vacant and mostly undisturbed mountainous hillside area containing native vegetation. The Mitigated Negative Declaration that was prepared for the project approved in 2010 found that with appropriate mitigation measures, the potentially adverse effects on the biological resources from the project would be reduced to levels less than significant. The updated analysis related to the Mitigated Negative Declaration for the current project establishes that the proposed development will not result in substantial changes. Approximately 80 acres of hillside will remain undisturbed and be preserved as oak woodland. The portion of the site that will be disturbed is located adjacent to an existing roadway. The proposed project would result in two healthy Coast Live Oak trees and one healthy Sycamore tree being removed and four Coast Live Oak trees being encroached upon. With the mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP), as well as the mitigation measures stated in the Arborist Report dated April 24, 2017, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. FACT: The proposed project is for the future development of two, single-family residences. The subject property is mostly undisturbed mountainous hillside area. Grading of the two lots, approximately 5,330 cubic yards of cut and 60 cubic yards of fill is needed, as well as a crib wall system and retaining walls to create adequate rear and 4 side yard areas for the two homes. The Mitigated Negative Declaration for the project approved in 2010 found that with appropriate mitigation measures, any slope instability from the proposed project such as seismic ground shaking, landslides, and loss of topsoil, would be mitigated to less than significant levels through implementation of recommendations provided in the site-specific geotechnical engineering investigation. For the proposed project, an update to the geotechnical engineering investigation was prepared and determined that the currently proposed project is feasible from a geotechnical engineering and geological viewpoint. With implementation of the measures recommended in the Updated Report of Geotechnical Engineering Investigation dated March 1 , 2017, impacts will be comparable to the impacts stated in the 2010 proposal, and will be less than significant. The construction of the two, single-family residential units will be in compliance with Building and Fire Codes and all other applicable regulations. The Project meets all health and safety requirements, and will not cause any public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement 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). FACT: The proposed design of the subdivision or the type of improvements does not conflict with any easements acquired by the public at large for access through, or use of, property within the proposed subdivision. There is an existing 20'-0" wide ingress and 5 egress easement that runs along the northeast property line of 2135 Canyon Road to provide access to the City's water tanks. The proposed subdivision and improvements will not conflict with this easement as it is a part of the approximately 80-acres that will not be disturbed and will remain in a natural undeveloped state. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. FACT: The Arcadia Public Works Services Department determined that the City's existing infrastructure will adequately serve the new development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities. FACT: The Project has been designed to comply with the California Building Code; which includes regulations pertaining to energy conservation. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the City's Development Code and the regulations of any public agency having jurisdiction by law. FACT: The proposed subdivision complies with the density requirements of the City's Development Code, and all the improvements required for the site and each unit will comply with the regulations in the City's Development Code. I. The proposal is consistent with the Residential Mountainous Development Permit. FACT: The proposed 5,330 cubic yards of cut and 60 cubic yards of fill is a reasonable amount of grading for a hillside property of this size to allow for the 6 construction of two, single-family residences. The creation of the proposed building pads will not unnecessarily affect the views from neighboring properties because the building pads will be situated no more than 35 feet above the street, well below the ridgeline of the hill. The proposed layouts will also be consistent with the existing adjoining developments, which are closer to the street level along Canyon Road. The proposed crib walls will be landscaped and structurally blend into the hillside. Any potential visual impacts of this development will be sufficiently mitigated by the planting of mature trees and landscaping appropriate for the screening of a hillside development. The proposal will not impact the existing ridge and crest lines and most of the site will remain as undeveloped open space. Given the development constraints of the hillside and the fact that the proposed lot is significantly wider that the other lots in the area, the proposed side yard setback modification for Parcel 1 is appropriate. Based on the foregoing findings, the proposal meets the criteria for the approval of an R-M Development Permit. J. Per the Mitigation Monitoring and Reporting Program and certified arborist report, Oak tree acorns are to be planted into the slope, and two Western Sycamores and four Coast Live Oak trees are to be planted on site. These requirements will sufficiently mitigate the removal of the three healthy protected trees. The encroachment into the protected area of four Coast Live Oak trees, with the protective measures identified in the arborist report, is acceptable and will be mitigated. The encroachments will not have an adverse impact on the health of the oak trees and any safety concerns from the proposed encroachments will be minimized. The tree removals and encroachments are consistent with the City's Tree Preservation Ordinance. K. That the Development Services Director or designee is authorized to approve and execute, if necessary, a subdivision agreement for this Project. 7 SECTION 3. For the foregoing reasons the City Council determines that no additional CEQA review is required per Section 15162 of the CEQA Guidelines as the potential impacts from the proposed Project have already been fully analyzed and mitigated under the MND and MMRP approved for the 2010 project which fully covers the revised Project, and the City Council approves Revised Tentative Parcel Map No. TPM 09-08 (71182), Revised Residential Mountainous Development Permit No. RM 07- 01, and Revised Oak Tree Permit No. TR 08-04, for a two lot subdivision, grading, and associated tree permits at 2111-2125 Canyon Road, 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 19th : .y ��f Septe.iber, 2017. Mayor of the City of Arcadia ATTEST' APPROVED AS TO FORM: Stephe P. Deitsch City Attorney 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7180 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a special meeting of said Council held on the 19th day of September, 2017 and that said Resolution was adopted by the following vote, to wit: AYES: Chandler, Tay, Verlato, and Amundson NOES: None ABSENT: Beck Cit � - !City of Arcadia 9 RESOLUTION NO. 7180 Conditions of Approval 1. The final architectural design of the two homes on shall be subject to review and approval by the Highlands Homeowners' Association's Architectural Review Board. 2. All structures shall be equipped with sprinklers per the City of Arcadia Fire Department Single and Multi-Family Dwelling Sprinkler Standard. 3. All structures shall comply with building regulations for the Wildland-Urban Interface Area. 4. All structures shall comply with Chapter 7A of the 2016 California Building Code or as amended and the City of Arcadia amendments. 5. All landscaping within 30 feet of all structures shall be fire resistant and provided with means of irrigation. Landscaping within a distance of 30 to 100 feet of all structures shall be cleared of all dead and/or non-fire resistant vegetation. A detailed landscaping plan showing compliance with these requirements shall be provided upon building permit application. 6. The applicant shall grant any easements deemed necessary by the City Engineer and/or Public Works Services Director for utility and/or public maintenance activities, including updating the easement for Santa Anita Canyon Road to accurately reflect the actual roadway alignment. 7. The truck haul route for graded earth material shall be as follows: South on Canyon Road to Elkins Avenue, west to Santa Anita Avenue, south to the 210 Freeway, east to the 605 Freeway, south to the 60 Freeway, and east to the Puente Hills Landfill. Any changes to the haul route plan shall be subject to review and approval by the City Engineer. 8. 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. 9. Noncompliance with the plans, provisions and conditions of approval for Revised TPM 09-08 (71182), Revised RM 07-01, and Revised TR 08-04 shall be grounds for immediate suspension or revocation of any approvals. 10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or 10 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. 11. Approval of Revised TPM 09-08 (71182), Revised RM 07-01, and Revised TR 08-04 shall not take effect unless on or before 30 calendar days after the City Council adoption of the Resolution, the applicant and property owner have executed and filed with the Planning/Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Mitigation Measures as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 12. The applicant/property owner shall pay the cost in its entirety for an independent contract planner/inspector to assist the City with the monitoring and reporting of the required mitigation measures outlined in the MMRP. The scope of work and selection of the contract planner/inspector shall be determined by the Development Services Department, and an agreement to engage and pay for the contract planner/inspector shall be executed prior to issuance of any building permits. 13. The applicant shall agree to and execute the Mitigation Monitoring and Reporting Program (MMRP) thereby agreeing to pay the City any applicable fees and expenses to implement the mitigation measures in the design, construction, and maintenance of the project. All mitigation measures shall effectively be conditions of approval. 14. Prior to the issuance of a grading permit and throughout grading and construction, the project applicant shall comply with the recommended tree protection measures identified in the certified arborist report dated April 24, 2017 (see attached), or as amended by an updated arborist report to be submitted prior to the issuance of a grading permit. 15. The project contractor shall water the grading site at least twice a day (morning and afternoon, or as deemed necessary) using reclaimed water or chemical soil binder, where feasible. 11 16. The project contractor shall wash off trucks leaving the site and cover dirt in trucks during on-road hauling. 17. During grading operations, the project contractor shall spread soil binders on the construction site, unpaved roads, and parking areas at least every 4 hours and at the end of the workday. 18. The project contractor shall apply chemical stabilizers according to manufacturer's specifications to all previously graded construction areas which remain inactive for 96 hours or more. 19. The project contractor shall re-establish ground cover within the construction site through seeding and watering on portions of the site that will not be disturbed for a period of two months or more. 20. The project contractor shall sweep streets to prevent silt and other debris from being carried over to adjacent public thoroughfares. 21. Traffic speeds on all unpaved road surfaces shall not exceed 15 miles per hour. 22. The project contractor shall suspend grading operations during first and second stage smog alerts. 23. The project contractor shall suspend grading operations, apply soil binders, and water the grading site when wind speeds (as instantaneous gusts) exceed 25 miles per hour. 24. The project contractor shall keep construction equipment engines tuned to ensure that the air quality impacts generated by construction activities are minimized. 25. The project applicant shall follow all recommendations listed in Chapter 6 of the Geotechnical Engineering Investigation dated September 20, 2007, and as outlined in the updated report dated March 1, 2017 (see attached). 26. Grading and construction activities shall be limited to the following hours: 7:00a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. Construction and grading activities shall be prohibited on Sundays and federal holidays. 27. The project contractor shall ensure full compliance with the construction staging plan for rough grading, including the placement of waste containment and stockpile areas and the proposed truck haul route. 28. Hauling of graded earth material shall only occur between the hours of 9:00 a.m. and 2:00 p.m., Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturdays to avoid school and rush hour traffic. 29. Grading activities shall not last .more than 6 months and shall occur between April and October to avoid the rainy season. 12 30. The applicant shall require that all contractors, vendors, and consultants who work or provide services regarding the project maintain at all times general liability and in the case of professionals, professional liability insurance (a) issued by insurers licensed to issue insurance in the State of California and having a rating of AM Best's VII-B or better; (b) in amounts acceptable to the City Manager and City Attorney; and (c) insuring the City's officials, officers, and employees as additional insured parties. The applicant shall provide to the City proof of such insurance before permits are issued by the City for the project. 13