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HomeMy WebLinkAbout2040RESOLUTION NO. 2040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 18-04, TENTATIVE PARCEL MAP NO. TPM 19-01 (82515), PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 18-24, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 19-24 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A THREE -UNIT MULTI -FAMILY RESIDENITAL CONDOMINIUM DEVELOPMENT LOCATED AT 135 EL DORADO STREET WHEREAS, on December 17, 2018, a Multiple Family Architectural Design Review No. MFADR 18-04, a Tentative Parcel Map No. TPM 19-01 (82515), a Protected Healthy Tree Removal Permit No. TRH 18-24, and a Protected Tree Encroachment Permit No. TRE 19-24 application, collectively referred to as the 'Project' were filed by Patricia Moad, on behalf of the property owner, Pacific Oasis LLC for a three -unit multi -family residential condominium development which requires subdivision of the airspace located at 135 EI Dorado Street; and WHEREAS, on August 6, 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 15332 of the CEQA Guidelines because the Project is considered an in -fill development project; and WHEREAS, on September 10, 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 September 10, 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 Project is consistent with the High Density Residential Land Use designation. The High Density Residential designation is intended to accommodate higher -density attached and/or detached 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 Project is in conformance with the City's General Plan, Development Code, and the Subdivision Map Act. The site is physically suitable for this 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 Project 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 • Policy LU -4.1: Require that new multi -family 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 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 (3) units and a maximum of five (5) units for the subject property. The Project complies with the density requirements. In addition, 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 Project is a minor subdivision of an infill site within an urbanized area; therefore, it 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 Project is to subdivide the air space for a three -unit multi -family condominium development. The construction of the three (3), multi -family residential units is being done in compliance with Building and Fire Codes and all other applicable regulations. The proposed density will be below the maximum allowed by the R-3 zone 3 and the City's existing infrastructure will adequately serve the new development. In addition, 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 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): FACT: The Project 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 parcel map, there are no easements on the subject properties. 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 reviewed by Building Services to ensure compliance with the California Building Code, which includes requirements associated with heating and cooling requirements. 0 H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulation of the Development Code and the regulations of any public agency having jurisdiction by law: FACT: The Project, as conditioned, 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. The proposal is consistent with the City's Multifamily Residential Design Guidelines: FACT: The Project is located within the High Density Residential (R-3) Zone, which is intended to provide a variety of medium- to high-density residential development. The proposed massing, scale, quality of the design and the proposed landscaping are compatible with other developments in the surrounding neighborhood. The Project will be compatible with the other multi -family developments on EI Dorado Street and in the surrounding neighborhood. In addition, the Project is consistent with the City's Multifamily Residential Design Guidelines, SECTION 3. Pursuant to the provisions of the California Environmental Quality Act ("CEQA"), this Project is a Class 32 Categorical Exemption as an infill -development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act ("CEQA") Section 15332 , Class 32, and approves Multiple Family Architectural Design Review No. MFADR 18-04, Tentative Parcel Map No. TPM 19-01 (82515), Protected Healthy Tree Removal Permit No. TRH No. 18-24, and Protected Tree Encroachment 5 Permit No. 19-24 for a three -unit multi -family residential condominium development at 135 EI Dorado Street, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Stepherf P. Deitsch City Attorney A 1 d of Se tember, 2019 I ` eborah Lew' Chair, 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. 2035 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 10'h day of September, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, and Commissioners Chan, Lin, and Thompson NOES: Vice Chair Wilander ABSENT: None 7 (J/�L Lisa L. Flores Secretary of the Wianning Commission RESOLUTION NO. 2040 Conditions of Approval Any required mechanical equipment, such as backflow devices, visible from the public right-of-way shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall subject to review and approval by the Planning & Community Development Administrator, or designee. The project shall be developed and maintained by the Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for MFADR 18-04, TPM 19-01 (82515), TRH 18-24 and TRE 19-24 subject to the approval of the Planning & Community Development Administrator or designee. 3. Three (3) 36 -inch box Coast Live Oak trees and one (1) 48 -inch box Coast Live Oak tree shall be planted as replacement trees. The 48 -inch box tree shall be planted in the front yard area. The trees shall be shown on the final landscape plan that is submitted to Building Services for plan -check. If said trees are damaged and/or removed, or if they do not survive within the first 12 months after the issuance of a Certificate of Occupancy by Building Services, the trees shall be replaced at a 1:1 ratio. 4. Tree #3, as identified on the Arborist Report and Landscape Plan shall be preserved. The tree is located adjacent to the east property line towards the rear of the site. The recommendations outlined in the Arborist Report, dated March 19, 2019 shall be adhered to. If said tree is damaged and/or removed during construction, or if it does not survive within the first 12 months after the issuance of a Certificate of Occupancy by Building Services, the Planning Services Division may require two additional replacement trees on the subject site. 5. The Owner/Applicant shall coordinate with the Public Works department for the installation or removal of street trees per the City of Arcadia Street Tree Master Plan. 6. The Owner/Applicant shall be required to pay the following fees prior to approval of the Parcel Map: a. Map Fee $100.00 b. Final Approval Fee (1 lot @ $25.00 ea.) $25.00 TOTAL $125.00 7. Prior to approval of the Parcel Map, the Owner/Applicant shall either construct or post security for all public improvements as shown on the Tentative Parcel Map 82515 and listed below: a. Remove and replace curb and gutter along the entire property frontage. b. Remove and replace sidewalk along the entire property frontage. i:3 c. Remove and replace the driveway apron with ADA access per City of Arcadia standard, offset min. of one foot from the property line to the top of X. d. Remove and replace alley asphalt from property line to property line 8. Prior to approval of the Parcel Map, the Owner/Applicant shall submit a separate demolition and erosion control plan prepared by a registered civil engineer subject to the approval of the City Engineer, and demolish all existing structures. 9. The Owner/Applicant shall submit a Grading Plan prepared by a registered civil engineer subject to the approval of the City Engineer or designee prior to issuance of a building permit. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. 10. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Residential Code c. California Electrical Code d. California Mechanical Code e. California Plumbing Code f. California Energy Code g. California Fire Code h. California Green Building Standards Code i. California Existing Building Code 11. A building permit shall be issued prior to demolishing the existing buildings on-site. 12. Plans shall be approved by City of Arcadia Building, Planning, Engineering and Fire Departments as well as any other applicable agencies prior to the issuance of building permits for this project. 13. The Owner/Applicant shall submit an LID plan per County of Los Angeles 2014 standards manual to the City Engineer prior to the issuance of a building permit. These requirements include, but are not limited to, using infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 14. A 6" cast iron water main with 77 psi static pressure is available in the right -of way in EI Dorado St., which is capable of meeting all reasonable and expected demands of the improvement. 15. The Owner/Applicant shall install separate water meter for each condominium unit. A common water meter for each unit can be used to supply both domestic water services and fire services. The Owner/Applicant shall separate the fire service from domestic water service with an approved back flow device. M 16. A separate landscape meter is required for common area landscape irrigation. The backflow preventer on the common area irrigation shall be Reduce Pressure Backflow Assembly as approved by the Public Works Services Department. 17. Fire protection requirements shall be as stipulated by the Arcadia Fire Department. 18. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to permit issuance. 19. New water service installations shall be by the Owner/Applicant. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be carried out by the Owner/Applicant, according to Public Works Services Department, Engineering Division specifications. 20. The subject project is tributary to an 8" VCP sewer, located in the right-of-way in EI Dorado St. and it is capable of serving demands typical to the proposed development. 21. The Owner/Applicant shall utilize existing sewer lateral if possible. 22. If any drainage fixture elevation is lower than the elevation of next upstream manhole cover (460.92'), an approved type of backwater valve is required to be installed on the lateral behind the property line. 23. The Owner/Applicant shall integrate low impact development (LID) strategies into the site design. These strategies include using infiltration trenches, biorentention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 24. The Owner/Applicant shall install a trash enclosure with a one -foot clearance around all bins, including but not limited to trash and recycling bins to the satisfaction of the Public Works Services Director or designee. 25. The Owner/Applicant 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. 10 26. 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 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. 27. Approval of MFADR 18-04, TPM 19-01 (82515), TRH 18-24, and TRE 19-24 and shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. is