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HomeMy WebLinkAbout7183 RESOLUTION NO. 7183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING THE APPEAL OF PLANNING COMMISSION RESOLUTION NO. 1991 APPROVING TENTATIVE TRACT MAP NO. TTM 17-02 (74941), MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 16-10, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 16-54 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A TEN UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 837-8411/2 W. HUNTINGTON DRIVE WHEREAS, on May 17, 2016, an application was filed by Scott Yang, for the design review of a ten unit residential condominium development at 837-8411/2 W. Huntington Drive, Development Services Department Case No. MFADR 16-10; and WHEREAS, on December 6, 2016, an application was filed by Scott Yang, for a protected tree encroachment permit at 837-841 V2 W. Huntington Drive, Development Services Department Case No. TRE 16-54; and WHEREAS, on February 28, 2017, an application was filed by Scott Yang, for the subdivision of a ten unit residential condominium development at 837-8411/2 W. Huntington Drive, Development Services Department Case No. TTM 17-02 (74941) (the design review application, protected tree encroachment permit, and the subdivision application are hereafter individually and collectively referred to as the "Project"); and WHEREAS, on April 13, 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 qualifies as a Class 32 Categorical Exemption as an in-fill development project per CEQA Guidelines Section 15332; and WHEREAS, on April 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, the public hearing was continued to a date uncertain to give the applicant time to make revisions to the Project to address the privacy concerns presented by the Planning Commission and neighboring property owners during the public hearing; and WHEREAS, on July 7, 2017, revised plans providing greater rear yard setbacks, revised window placements and sizes, and additional landscaping along the rear property line to address the concerns were submitted to the Planning Division were reviewed for compliance with the Development Code and Multiple Family Architectural Design Guidelines; and WHEREAS, on August 10, 2017, the Project was re-noticed to the property owners located within a 300 foot radius of the subject site and published in the Arcadia Weekly newspaper; and WHEREAS, on August 22, 2017, a duly notice public hearing was held before the Planning Commission on the revised Project, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 3-0, with one Commissioner absent, to adopt Resolution No.1991 and conditionally approve the revise proposal; and WHEREAS, on September 5, 2017, an appeal of the Planning Commission's decision was filed by the Ms. Haihong He and the property owners and residents of 845- 853 W. Huntington Drive; and 2 WHEREAS, on October 3, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated October 3, 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 design or improvement of the proposed subdivision is consistent with the goals, objectives, and policies of the Arcadia General Plan. The General Plan designation for the subject site is High Density Residential (HDR), which allows for higher density housing types for both rental and owner occupied households. The Zoning designation for the site is R-3, High Density Residential. The properties to the south, east, and west are also zoned R-3. The properties to the north are zoned R-1, Low Density Residential, with an Architectural Design Review Overlay. Based on the lot size, there is a minimum density of eight units, and a maximum density of 13 units for the site. The proposed 10 unit condominium development is consistent with the required density. To address concerns stated by the neighbors located in the single family residences to the rear, greater setbacks were provided along the rear property line, between 23'-2" to 26'-0", which exceed the minimum required of 20'-0". Windows were reduced in size, 3 obscured, or eliminated, landscaping was increased, and a taller property line wall along the rear was provided to mitigate privacy concerns and minimize any negative impacts associated with the development of a multiple family project adjacent to a single family zone. The proposal has an overall building height of 33'-0", which is permitted under the Development Code. There is about a two foot grade difference between the subject site and neighboring multiple family property to the west and single family residences to the rear. The proposed building will only be one foot higher than the neighboring multiple family property and will be similar to a two-story building at 30'-0" in height. The architectural design for the condominiums respects the scale and character of the existing neighborhood. The massing is consistent with newer multiple family developments in the area so a consistent streetscape along Huntington Drive will be maintained. The greater setbacks provided along the rear ensure the proposal is compatible with the single family residences. Landscaping along the side property lines provides screening between the neighboring multiple family developments. The proposed 10 unit condominium project is consistent with the following General Plan goals and policies: Land Use and Community Design Element • Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City's land use and compatible with surrounding existing uses. • Policy LU-1.5: Require that effective buffer areas be created between land uses that are of significantly different character or that have operating characteristics which could create nuisances along a common boundary. 4 • Policy LU-4.1: Require that new multifamily residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. Housing Element • Policy H-2.1: Provide for a range of residential densities and products, including low-density single-family uses, moderate-density townhomes, higher density apartments/condominiums, and units in mixed-use developments. • Policy H-2.3: Encourage compatible residential development in areas with recyclable or underutilized land. • Policy H-2.4: Maintain development standards, regulations, and design features that are flexible to provide a variety of housing types and facilitate housing that is appropriate for the neighborhoods in which they are located. • Policy H-2.6: Require that the density or intensity, as well as design of new developments, be compatible with adjacent neighborhoods. B. The site is physically suitable for the type and proposed density of development. FACT: As noted above, the proposed 10 unit condominium development is consistent with the required density. The site planning of the proposed development will be similar to the existing development. There are no easements on the property or any physical impediments that limit the development of this site for residential condominiums. The site is physically suitable for the density of the project and the grade differential from neighboring properties reduces the appearance of the overall height of the project. 5 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 proposed tentative tract map is for a minor subdivision of an infill site located in an urban environment. The subject site is currently improved with eight apartment units in four, multiple family buildings, two, four-car carports, and hardscaping for driveways and pedestrian walkways. There is limited landscaping located on the property and no waterways. As such, the proposed subdivision and proposed 10 unit multiple family development 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 subdivision is for condominium purposes. No portion of the land will be physically subdivided. The construction of the 10 multi-family-residential units is being done 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). 6 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. Based on the tentative map, there are no such easements on the subject property. 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 that 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 City's Multiple Family Residential Design Guidelines. FACT: With the condition that additional landscaping be planted to screen the balconies, the massing, scale, quality of the design of the proposed development, and 7 the proposed landscaping are consistent or superior to that of other developments in the area. The Spanish style architecture will complement the newer developments along this portion of West Huntington Drive. J. The development will not have an adverse impact on the health of the protected trees. FACT:The Public Works Services Department has no objections to the requested encroachments with the recommended protective measures and the conditions that the driveway and driveway approach are a minimum of 10 feet away from the protected trees, and that a certified arborist is on site to monitor all activity taking place within the protected zone of the trees. The protective measures in the Arborists' report and the City Arborist's recommendations are included as conditions of approval. K. That this Project is exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines. L. That the Development Services Director or designee is authorized to approve and execute, if necessary, a subdivision agreement for this Project. SECTION 3. For the foregoing reasons the City Council determines that the Project is Exempt per Section 15332 of the CEQA Guidelines and approves Tentative Tract Map No. TTM 17-02 (74941), Multiple-Family Architectural Design Review No. MFADR 16-10, and Protected Tree Encroachment Permit No. TRE 16-54, for a ten unit residential condominium development at 837-841'/2 W. Huntington Drive, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 8 Passed, approved and adopted this 3rd day of October , 2017. ayor of the City of Arcadia ATTEST: ...iiiiiii City •erk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 9 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. 7183 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 3rd day of October, 2017 and that said Resolution was adopted by the following vote, to wit: AYES: Beck, Chandler, Tay, and Amundson NOES: Verlato ABSENT: None City Clerk of the City of Arcadia 10 RESOLUTION NO. 7183 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 17-02 (74941), MFADR 16-10, and TRE 16-54, subject to the satisfaction 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 Protected Tree Report prepared for this Project to the satisfaction of the Community Development Administrator or designee. 3. The driveway and driveway approach shall be a minimum of 10 feet away from the protected trees. A Certified Arborist shall be on site to monitor all activity taking place within the driplines of the protected trees to remain. If the arborist determines that any inappropriate work has occurred, or that a protected tree has been harmed, all work shall be stopped until adequate remediation has been performed to the satisfaction of the Community Development Administrator, or designee. 4. 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 Final Tract Map. 5. The applicant/property owner shall submit and have approved by the City Engineer or designee a separate demolition and erosion control plan prepared by a registered civil engineer prior to approval of the Final Tract Map and demolition of any existing structures. 6. The applicant/property owner shall remove and replace the curb and gutter along W. Huntington Drive from property line to property line to the satisfaction of the City Engineer or designee. 11 7. The applicant/property owner shall remove and replace the sidewalk along W. Huntington Drive from property line to property line to the satisfaction of City Engineer or designee. 8. Any modifications to the driveway approach shall be per the City of Arcadia standard to the satisfaction of the City Engineer or designee. 9. 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. 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. The applicant/property owner shall integrate low impact development (LID) strategies into the site design to the satisfaction of the City Engineer or designee. These strategies include using infiltration trenches, bio-retention planter boxes, roof drains connected to a landscaped area, pervious concrete/pavers, etc. 12. Condominium or townhouse complexes of more than five 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 to the satisfaction of the Public Works Services Director or designee. 13. 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 to the satisfaction of the Public Works Services Director or designee. 14. A separate water service and meter will be required for common area landscape irrigation to the satisfaction of the Public Works Services Director or designee. 15. A Water Meter Clearance Application shall be filed with and approved by the Public Works Services Director or designee prior to permit issuance. 12 16. 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, subject to the satisfaction of Public Works Services Director or designee. Abandonment of existing water services, if necessary, shall be by the Developer, according to Public Works Services Department, Engineering Division specifications, subject to the satisfaction of Public Works Services Director or designee. 17. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (514.14'), an approved backwater valve is required and is subject to the approval of the Public Works Services Director or designee. 18. The applicant/property owner shall install an automatic fire sprinkler system per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard that is approved by the City Fire Marshal or designee prior to obtaining final occupancy. 19. The existing sewer lateral shall be utilized if possible to the satisfaction of the Public Works Services Director or designee. 20. Existing parkway trees shall remain and be protected to the satisfaction of the Public Works Services Director or designee. 21. A fire hydrant shall be installed along the street frontage at a location to be determined by the City Fire Marshal or designee, and to the satisfaction of the City Fire Marshal or designee. 22. Fire extinguishers of 2A:10BC type shall be provided on the first floor level as approved by the City Fire Marshal or designee prior to the issuance of the Certificate of Occupancy. The maximum travel distance to an extinguisher shall be 75 feet. 23. A Knox box with keys shall be provided for access to restricted areas and any automatic gates shall be provided with a Knox switch to the satisfaction of the City Fire Marshal or designee. 13 24. The Project shall comply with the current California Building Code, including residential accessibility and Arcadia Multi-Family Standards to the satisfaction of the City Building Official or designee. 25. An 8'-0" high block wall, measured from lowest adjacent grade shall be constructed along the rear property line. 26. 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 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. 27. 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. 28. Approval of TTM 17-02 (74941), MFADR 16-10, and TRE 16-54 shall not take effect unless on or before 30 calendar days after the City Council adoption of the 14 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. 29. The minimum height of the trees along the rear property line at planting shall be 10'- 0" and shall be maintained at a minimum of 20'-0" in height. The trees shall be of sufficient number to provide screening across the rear property line. 30. The temporary construction fencing along the rear property line shall have a minimum height of 10'-0". 31. Additional landscape shall be planted in the private open space area of each unit to screen the proposed balconies. 15