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HomeMy WebLinkAbout2026RESOLUTION NO. 2026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MINOR USE PERMIT, TENTATIVE TRACT MAP, AND SITE PAN AND DESIGN REVIEW FOR A MIXED USE CONDOMINIUM DEVELOPMENT WITH A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15332 UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AT 405 S. FIRST AVE WHEREAS, First Arch LLC., filed applications for the design review of mixed-use development at 405 S. 1S` Avenue, Development Services Department Cases; Site Plan and Design Review No. ADR 16-09, Tentative Tract Map No. TTM 18-06 (82513), and Minor Use Permit No. MUP 19-01 (all applications are hereafter individually and collectively referred to as the "Project'); and WHEREAS, on January 25, 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 because the Project qualifies as a Class 32 Categorical Exemption as an in -fill development project per CEQA Guidelines Section 15332; and WHEREAS, on February 12, 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 12, 2019, are true and correct. SECTION 2. This Commission finds, based upon the entire record: A. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. FACT: Approval of the Minor Use Permit for a mixed-use project in the MU zone is guided by the policies and vision of the Arcadia General Plan to provide opportunities for retail commercial businesses and residential uses along the S. First Ave commercial corridor. The mixed-use project is consistent with the following General Plan goals and policies: Land Use and Community Design Element and Housing 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 -6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. • Policy LU -11: Promote an economically vibrant neighborhood with a mix of residential and commercial uses along First Avenue. • Policy H-2.5: Promote commercial/residential mixed use developments in Downtown Arcadia and along First Avenue and Live Oak Avenue. B. That, subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. FACT: The zoning of the site is Mixed Use (MU) and the Arcadia Development Code Section 9102.05.020 allows residential units subject to a Minor Use Permit. The 2 2026 MU zone is intended to provide opportunities for commercial and residential mixed-use development that integrate activity without creating conflict. The proposed mixed-use development is in compliance with the density requirements and all applicable development standards, as well as the proposed uses within the commercial space. Therefore, the proposed use will be in compliance all applicable provisions of the Development Code. C. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The proposed mixed-use development will provide for new opportunities along this corridor zoned for mixed-use development. The mixed-use project will be harmonious with the existing surrounding uses of both residential and commercial development as well as an existing mixed-use development one block north of the subject site along S. First Ave. Therefore, the design, location, scale, and operating characteristic of the mixed-use project will be compatible with the existing and future land uses in the vicinity. D. That the site is physically suitable in terms of its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; streets and highways are adequate in width and pavement type to accommodate public an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. 3 2026 FACT: The mixed-use project complies with all related zoning requirements as set forth in the Development Code and all applicable regulations and requirements set forth by various City Departments. The total number of parking spaces for this project complies with the City's parking requirements. The site can be adequately served by all the required utilities and public services. Therefore, the project site is adequate in size and shape to accommodate the proposed mixed-use development. E. That the type, density, and intensity of use proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed mixed-use development will not adversely affect the public convenience, health, interest, safety, or general welfare of the surrounding properties and uses. The project does not require any modifications and is in compliance with all of the development standards and permitted uses in the Mixed-use zone. The construction of the mixed-use project will meet all Building and Fire Codes, and all other applicable regulations. F. 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 proposed map and subdivision design are in conformance with all of the provisions under the Subdivision Division of the Development Code. The site is physically suitable for the type of development, and the architectural design for the building respects the scale and character of the S. First Avenue commercial corridor as 4 2026 well as the multifamily residences to the west of this site. Approval of the proposed mixed-use development is consistent with the Mixed -Use General Plan Land Use Designation and the Mixed-use (MU) zoning of the site. G. The site is physically suitable for the type and proposed density of development. FACT: The site is physically suitable for the mixed-use development. The Mixed-use (MU) zone allows both residential and commercial uses on the site. Both uses are in compliance with the underlining density and maximum floor area ratio requirements. The proposed mixed-use project is in compliance with applicable development standards. There are no physical impediments to the development of this site for residential and commercial condominium development. H. 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 subdivision of 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. I. 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 mixed-use project will 5 2026 meet all Building and Fire Codes, all other applicable regulations, 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. J. 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. Moreover, a 10 feet dedication shall be provided to the City of Arcadia for proper utilization of the parkway area for utilities and pedestrian access. Based on the tentative tract map, there are no such easements on the subject property. K. 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. 6 2026 L. 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. M. 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. N. This Project is exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines as an infill development project, the 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. O. 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 Minor Use Permit No. MUP 19-01, Tentative Tract Map No. TTM 18-06 (82513) and Site Plan and Design Review No. ADR 16-25 for a mixed-use project at 405 S. 1st Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 7 2026 Passed, approved and adopted this 26th day of February, 2019. Brad Thompson Chair, Planning Commission ATTEST: CA, Lisa L. Flor s Secretary APPROVED AS TO FORM: ci� eti C Stephen P. Deitsch City Attorney 2026 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. 2026 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: Vice Chair Lewis, and Commissioners Chan, Lin, and, Wilander NOES: Chair Thompson ABSENT: None 5rl- - Lisa L. Flores Secretary of the PI ning Commission we RESOLUTION NO. 2026 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 Minor Use Permit No. MUP 19-01, Tentative Tract Map No. TTM 18-06 (82513) and Site Plan and Design Review No. ADR 16-25, subject to the approval of the Planning & Community Development Administrator or designee. 2. A 10'-0" wide dedication from property line to property line along S. First Avenue shall be granted to the City of Arcadia for sidewalk purposes to create a 40'-0" wide right of way measured from the centerline of the street. The entire 10'-0" wide parkway shall be sidewalk. 3. 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 Tract Map. 4. Prior to the demolition of the existing structures, the applicant/property owner shall submit to the City Engineer for approval a separate demolition and erosion control plan prepared by a registered Civil Engineer. 5. The applicant/property owner shall remove and replace the existing sidewalk, curb, and gutter along S. First Ave from property line to property line. 6. The applicant/property owner shall construct a new sidewalk along S. First Avenue from property line to property line. 7. The applicant/property owner shall construct the new driveway approach per the City of Arcadia standard. 8. 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 the issuance of a building permit. 9. The applicant/property owner shall submit a Low Impact Development (LID) Plan for review and approval by the City Engineer prior to the issuance of a building permit. 10. The applicant/ property owner shall submit water calculations to the Public Works Services Department to determine the total combined maximum domestic and fire demand and to verify the required water service size requirements. 11. The applicant/property owner shall provide separate water and meters for specific residential, commercial, and irrigation use. A backflow protection shall be installed for irrigation and commercial services. 12. A Water Meter Clearance Application, filed with the Public Works Services Department, shall be required prior to permit issuance. 10 2026 13. 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. Abandonment of existing water services, if necessary, shall be by the Developer, according to Public Works Services Department, Engineering Division specifications. 14. The applicant/property owner shall utilize the existing sewer lateral if possible. 15. If any drainage fixture is lower than the elevation of the next upstream manhole cover (461.79'), an approved type of backwater valve is required to be installed on the sewer lateral behind the property line. 16. The project shall comply with the current California Building Code including Chapter 11A Residential Accessibility Standards and with the Arcadia Multi -Family Standards to the satisfaction of the City Building Official or designee. 17. A knox box shall be provided at an approved location. Knox switches shall be provided for any automatic vehicular gates. 18. The building shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinkler Standard. The first floor commercial occupancies shall be provided with a segregated system to ensure the remainder of the building is protected during tenant improvements. 19. The applicant/property owner shall provide a minimum 2A:10BC fire extinguishers in the basement garage level and on the first floor. 20. The applicant/property owner shall install illuminated exit signage and emergency lighting for the parking area. 21. 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. 22. 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 11 2026 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. 23. Approval MUP 19-01, TTM 18-06 (82513) and ADR 16-25 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. 24. The applicant/property owner shall install four (4) parking lifts, one for each of the unit -assigned spaces. The lifts shall not be located in the disabled, commercial, or guest parking spaces. 25. The Covenants, Conditions, and Restrictions (CC&Rs) shall also include language that the parking lifts shall be maintained at all times and repaired within a timely manner to maintain gate operation and usability. 12 2026