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HomeMy WebLinkAbout2027RESOLUTION NO. 2027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. TPM 18-05 (73061) WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO SUBDIVIDE THE AIRSPACE FOR THE A TEN -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 1222 TEMPLE CITY BOULEVARD WHEREAS, on November 27, 2018, a new Tentative Tract Map No. TTM 18-05 (73061), referred to as the "Project' was filed by Sijin Wang on behalf of the property owner to subdivide the airspace for a ten -unit residential condominium development that was previously approved by the Planning Commission at 1222 Temple City Boulevard. On July 14, 2015, the Planning Commission approved Tentative Tract Map No. 73061 and Multifamily Architectural Design Review No. MFADR 14-11, however, the final tract map was not filed with the City within two (2) years and the map expired on July 25, 2017; and WHEREAS, on January 7, 2019, 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 per Section 15315 of the CEQA Guidelines because the Project is considered a minor land division; and WHEREAS, on February 26, 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 February 26, 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: The map proposes to subdivide the air space for ten residential condominium units that were approved by the Planning Commission on July 14, 2015 and are currently under construction. Approval of the map will be consistent with the goals and intent of the site's General Plan Land Use designation of High Density Residential and High Density Residential (R-3) zoning classification. Specifically, the proposed subdivision will further the General Plan's Land Use and Community Design Element Policy LU -1.1 by promoting new infill and redevelopment projects that are consistent with the City's land use and compatible with surrounding existing uses. In addition, the project will further the Element's Goal LU -4 by subdividing the air space to provide for high quality and attractive multifamily residential neighborhoods that provide ownership and rental opportunities for people in all stages of life. B. The site is physically suitable for the type and proposed density of development: FACT: The proposed map will subdivide an 18,560 square foot parcel for a ten - unit condominium development. The subject site has a maximum density of 12 units; therefore, the subdivision will be in compliance with the density requirements. In addition, the proposed development has been adequately designed to fit the subject site, therefore, no impacts are anticipated from the subdivision. Lastly, the development was approved 2 by the Planning Commission on July 14, 2015 and is currently under construction. 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 purpose of the subdivision is to subdivide the airspace for a ten -unit condominium development, which is currently under construction. The subject site is located within an urbanized area and not in close proximity to any fish or wildlife habitat. Therefore, approval of the subdivision is not likely to 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: Approval of the tentative tract map is not likely to cause serious public health or safety problems. The subdivision proposes to subdivide the air space for a ten - unit condominium development, which is currently under construction. The tentative tract map has been reviewed by various City departments including Building Services and Fire Department to ensure compliance with applicable regulations; therefore no impacts are anticipated. 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 records or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislate body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision): 3 FACT: The design of the subdivision 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 proposed tentative tract map, there are no such easements on the subject site. 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 proposed tentative tract map has been reviewed by various City departments including the Public Works Services department. Their review determined that no impacts are anticipated by the subdivision and subsequent completion of the ten - unit condominium development. In addition, the City's existing sewer infrastructure has sufficient capacity to adequately serve the proposed development. Lastly, the subdivision will comply with any existing requirements specified by the California Regional Water Quality Control Board. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities: FACT: The proposed tentative tract map has been reviewed by Building Services to ensure compliance with the California Building Code, which includes requirements associated with heating and cooling requirements. In addition, the condominium development for which this map is being proposed, is currently under construction and subject to all applicable requirement of the California Building Code. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulation of the Development Code and the regulations 0 of any public agency having jurisdiction by law: FACT: The tentative tract map has been designed to comply with the regulations of the City's Development Code, in particular with the requirements of the High Density Residential Zone and Subdivision Ordinance. I. Pursuant to the provisions of the California Environmental Quality Act ("CEQA"), this Project is a Class 15 Categorical Exemption as a minor land division per Section 15315 of the CEQA Guidelines. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act ("CEQA") Section 15315 , Class 15, and approves Tentative Tract Map No. TTM 18-05 (73061), to subdivide the airspace for a ten -unit residential condominium development, 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 26t^ day of February, 2019. ATTEST: G� Lisa L. Flores Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 Brad Thompson Chairman, Planning Commission 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. 2027 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 26th day of February, 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 Lisa L. Flore Secretary of the Pla 49 Commission M RESOLUTION NO. 2027 Conditions of Approval 1. Before recordation of the Final Map, the applicant/property owner shall provide evidence to the satisfaction of the Community Development Administrator or designee, including written confirmation from all easement holders that the improvements to the property will not encroach upon existing easements. 2. The Owner/Applicant will be required to pay the following fees prior to approval of the Tract Map: Map Fee $100.00 Final Approval Fee (1 lot @ $25.00 ea.) 25.00 TOTAL $125.00 Prior to approval of the Tract Map the Owner/Applicant shall either construct or post security for all public improvements to be shown on the Tentative Map 73061 and the following item(s); a. Install new street trees per City of Arcadia Street Tree Master Plan. Remove and replace curb, gutter and sidewalk from property line to property line along Temple City Blvd. c. Construct new driveway approach per City of Arcadia standard. d. The Owner/Applicant shall dedicate to the City a two -foot portion of land around the proposed driveway approach for sidewalk purposes. 4. All City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Planning and Community Development Administrator, Public Works Services Director, and the Fire Marshal. 5. The Owner/Applicant shall comply with all conditions of approval that is applicable to the condominiums, as approved by the Planning Commission in Resolution No. 1942. 6. The Owner/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 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 r1 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. 7. Approval of TTM No. 18-05 (73061) 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. n