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HomeMy WebLinkAbout2023RESOLUTION NO. 2023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW AND TENTATIVE PARCEL MAP FOR A THREE -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15332 UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AT 1028 W. DUARTE ROAD WHEREAS, on December 19, 2017, an application was filed by Philip Chan of PDS Studio, Inc., for the design review of a three -unit multifamily residential condominium development at 1028 W. Duarte Road, Development Services Department Case Multiple Family Architectural Design Review No. MFADR 17-09, then on August 22, 2018, the applicant filed Tentative Parcel Map No. TPM 18-03 (82357) (the design review application and the subdivision application are hereafter individually and collectively referred to as the "Project'); and WHEREAS, on November 21, 2018, 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 the Project is exempt under CEQA because the Project qualifies as a Class 32 Categorical Exemption as an in -fill development project per CEQA Guidelines Section 15332; and WHEREAS, on January 8, 2019, 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. 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 January 8, 2019, are true and correct. SECTION 2. This Commission 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: Approval of a three -unit multifamily residential condominium development is consistent with the High Density Residential General Plan Land Use Designation and the R-3 zoning of the site. The High Density Residential designation is intended to accommodate higher -density attached housing types for both renter and owner households within a neighborhood context. The R-3 zone is intended to provide areas for a variety of medium- to high-density residential development including townhomes and condominiums. The proposed three -unit residential condominium development is in conformance with the City's General Plan and Development Code. The site is physically suitable for the type of development, and the approval of the architectural design for the building is compatible with the scale and character of the existing neighborhood. The proposal will not adversely affect the comprehensive General Plan and 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. 2 2023 • Goal LU -4: High-quality and attractive multifamily residential neighborhoods that provide ownership and rental opportunities for people in all stages of life. • 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. B. The site is physically suitable for the type and proposed density of development. FACT: The site is physically suitable for the new multifamily development. The R-3 zone has a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. This calculates to a minimum of three units and a maximum of five units for the subject property. The proposed three -unit development is in compliance with the density requirements. There are no physical impediments to the development of this site for residential condominiums. 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 parcel map is for condominium purposes on an infill site. There is no protected aquatic or wildlife habitat on the subject property. Therefore, the subdivision of the lot and the proposed improvement will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 3 2023 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 for the three multifamily residential units will meet all Building and Fire Codes, and all other applicable regulations requirements, and will not cause any public health or safety problems. Therefore, the proposed project and subdivision will not cause any serious 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 site design, subdivision, and all proposed on-site and off-site improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. Based on the tentative parcel 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. 4 2023 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 City's Multiple Family Residential Design Guidelines: FACT: The massing, scale, quality of the design of the proposed development, and the proposed landscaping are compatible to the surrounding multifamily developments. The Spanish style architecture will complement the existing multifamily developments to the North, East, and South as well as the existing single-family residential units to West. The proposal is consistent with the City's Multifamily Residential Design Guidelines. J. This Project is exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines as an infill development project, the 5 2023 proposed development. The proposed Project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. K. 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 Planning Commission determines that the Project is Exempt per Section 15332 of the CEQA Guidelines and approves Multiple Family Architectural Design Review No. MFADR 17-09 and Tentative Parcel Map No. TPM 18-03 (82357) for a three unit residential condominium development at 1028 W. Duarte 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 8th day of January, 2019. ATTEST: rin Lisa L. Flores Secretary APPROVED AS TO FORM: � �I Stephen P. Deitsch City Attorney Brad Thompson Chair, Planning Commission 6 2023 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2023 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 8th day of January, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan, Lin, and, Wilander NOES: None ABSENT: None &V� Lisa L. Flores Secretary of th lanning Commission 7 RESOLUTION NO. 2023 Conditions of Approval 1. 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 Parcel Map. 2. Prior to the issuance of a building permit, the applicant/property owner shall submit a separate demolition and erosion control plan prepared by a registered Civil Engineer that shall be subject to review and the approval of the City Engineer. 3. Prior to the approval of the Final Parcel Map, the applicant/property owner shall either construct or post security for all public improvements to be shown on the Final Parcel Map 82357 and the following item(s); a) The applicant/property owner shall remove and replace the existing sidewalk, curb and gutter along the property frontage of Duarte Road. b) The applicant/property owner shall coordinate with Public Works Services on replacement of street trees. c) The applicant/property owner shall remove and replace the existing driveway approaches with ADA access around approach. The driveway approach shall be 1' from the property line to top of x. 4. Prior to the approval of the Grading Plan, the applicant/property owner shall place the sump pump discharge outlet pipe within property line frontage. 5. Prior to the issuance of a building permit, the applicant/property owner shall submit a Grading Plan prepared by a registered Civil Engineer that shall be subject to the review and approval of the City Engineer. 6. Prior to the issuance of a building permit, the applicant/property owner shall submit a Standard Urban Stormwater Mitigation Plan that shall be subject to the review and approval of the City Engineer. 7. The applicant/property owner shall file a water service application with the East Pasadena Water Company. The installation of a new water service shall be according to the specification of the East Pasadena Water Company. 8. The applicant/property owner shall obtain an Encroachment Permit from the City of Arcadia Engineer Services prior to the commencement of any construction work within the city -right -away. 9. The project shall be subject to Low Impact Development (LID) requirements. A LID Plan shall be submitted for the review and approval of the City Engineer prior to the issuance of a building permit. 10. The applicant/property owner shall comply with all fire protection requirements as stipulated by the Arcadia Fire Department and shall be conformed to the Arcadia Standard Plan. 11. The applicant/property owner shall separate the fire service from the domestic water service with an approved back flow prevention device. 8 2023 12. The applicant/property owner shall utilize the existing sewer lateral if possible. 13. All condominium units shall require a separate water service. A meter shall be provided for common landscape irrigation. 14. If any drainage fixture is lower than the elevation of the next upstream manhole cover (506.82'), an approved type of backwater valve is required to be installed on the sewer lateral behind the property line. 15. The project shall comply with the current California Building Code and the Arcadia Multifamily Standards to the satisfaction of the City Building Official or designee. 16. 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 Planning & Community Development Administrator. 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. 17. 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. 18. Approval of MFADR 17-09 and TPM 18-03 (82357) 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 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. 9 2023