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HomeMy WebLinkAbout2042RESOLUTION NO. 2042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 19-02, TENTATIVE TRACT MAP NO. TTM 19-04 (82853), PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 19-05, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 19-23 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A FIVE -UNIT MULTI -FAMILY RESIDENITAL CONDOMINIUM DEVELOPMENT LOCATED AT 314 CALIFORNIA STREET WHEREAS, on July 3, 2019, a Multiple Family Architectural Design Review No MFADR 19-02, a Tentative Tract Map No. TTM 19-04 (82853), a Protected Healthy Tree Removal Permit No. TRH 19-05, and a Protected Tree Encroachment Permit No. TRE 19-23 application, collectively referred to as the "Project' were filed by Sanyao International, Inc., on behalf of the property owner, Paul H. Long and Joyce L. Long Trust for a five -unit multi -family residential condominium development which requires subdivision of the airspace located at 314 California Street; and WHEREAS, on October 28, 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 November 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 November 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 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 residential units, within the appropriate neighborhoods. The R-3 zone is intended to provide areas for a variety of medium- to high-density residential development such as 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 the Project and the architectural design for the Project 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. • 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 five (5) units and a maximum of eight (8) units for the subject property. The Project complies with the density requirements. In addition, there are no physical constraints that hinder 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 five -unit multi -family condominium development. The construction of the five (5), 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 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. 3 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 byjudgement 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 tract map, there are no known 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 Project, 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. 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: 4 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 Project includes the removal of two (2) protected trees — a Magnolia tree and a Chinese Elm tree, both located in the front yard area. Due to excavations and loss of 40 to 50 percent of their canopies for required structural clearance, the trees will not survive the construction phase and would suffer severe root loss. The Project will provide four (4) replacement trees for the loss of these two trees and at least two (2) new trees will be required to be planted within the front yard area to provide adequate landscaping along the street frontage. I. 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 other existing multi -family developments on California Street and in the surrounding areas. 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 5 ("CEQA") Section 15332 , Class 32, and approves Multiple Family Architectural Design Review No. MFADR 19-02, Tentative Tract Map No. TTM 19-04 (82853), Protected Healthy Tree Removal Permit No. TRH No. 19-05, and Protected Tree Encroachment Permit No. 19-23 for a five -unit multi -family residential condominium development at 314 California 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 261h day of November, 2019. i Deborah Lewis J J Chair, Planning Commission ATTEST: 01 A, Lisa L. Flores Secretary APPROVED AS TO FORM: Stephe P. Deitsch City Attorney 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. 2042 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 November, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, and Commissioners Lin, and Thompson NOES: None ABSENT: Vice Chair Wilander, and Commissioner Chan Gj - Lisa L. Flores Secretary of the Planning Commission 7 RESOLUTION NO. 2042 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 19-02, TTM 19-04 (82853), TRH 19-05 and TRE 19-23 subject to the approval of the Planning & Community Development Administrator, or designee. 3. Four (4) 36 -inch box trees (comparable species as the trees being removed) shall be planted as replacement trees. At least two 36 -inch box trees shall be planted in the front yard area. The remaining trees shall be at least 24 -inch box trees and they shall be located where there is adequate room for growth. The trees shall be shown on the final landscape plan that is submitted to Building Services for plan check, subject to review by the Planning & Community Development Administrator, or designee, to ensure compliance with this condition. 4. Trees #1, #11, and #12, as identified on the Arborist Report and Landscape Plan shall be protected and preserved. The recommended measures listed in the Arborist Report, dated June 30, 2019 shall be adhered to. If one or more of said trees are damaged and/or removed during construction, or if they do not survive within the first 12 months after the issuance of a Certificate of Occupancy by Building Services, the Planning Division may require six additional replacement trees on the subject site or another amount deemed acceptable by the Planning Division. 5. 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 6. Prior to approval of the Tract Map, submit a separate demolition and erosion control plan prepared by a registered civil engineer, and demolish all existing structures. 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 82853 and the following item(s); A. Remove and replace existing curb and gutter from property line to property line B. Install new sidewalk from property line to property line C. Install new driveway per City Standard plan 801-1 8. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the City Engineer or designee, prior to issuance of a building permit. 9. A Standard Urban Stormwater Mitigation Plan is required and shall be reviewed and approved by the City Engineer or designee, prior to the issuance of a building permit. 10. All utility conductors, cables, conduits, and wiring supplying electrical, cable and telephone service to a multiple family building shall be installed underground except risers which are adjacent to and attached to a building. 11. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal code 12. Grading plans shall be submitted to, and approved by Building & Safety. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. 13. Permits are required prior to the removal and/or demolition of any structures. 14. An 8 -inch water main with 79 psi static pressure must be available on the south side of California St. for domestic water and/or fire services. 15. The Owner/Applicant shall install separate water meter for each condo unit. A common water meter for each unit can be used to supply both domestic water services and fire services. Developer shall separate the fire service from domestic water service with an approved back flow device. 16. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to issuance of a building permit. 0 17. New water service installations shall be installed by the Developer. Installation shall be according to the specifications of the Public Works Services Department. Abandonment of existing water services, if necessary, shall be carried out by the Developer, according to Public Works Services Department. 18. The Owner/Applicant shall utilize existing sewer lateral, if possible. 19. Any drainage fixture elevation that is lower than the elevation of the next upstream manhole cover (465.83'), an approved backwater valve is required on the lateral at the right of way, and shall be subject to review and approval by the Public Works Director, or designee. 20. The Owner/Applicant shall remove the Ambar street tree and replace it with a 36 - inch box Chinese Pistache tree. The permit and location shall be reviewed and approved by the Public Works Services Director, or designee. 21. The Owner/Applicant shall integrate Low Impact Development (LID) strategies into the site design. These strategies include using infiltration, trenches, bio -retention planter boxes, roof drains that connects to a landscape area, pervious pavers, etc. 22. The trash enclosure area shall be large enough to accommodate for trash, recycling, and green waste/organics recycling. The final size of the trash enclosure is subject to review and approval by the Public Works Director, or designee. 23. 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. 24. 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. 25. Approval of MFADR 19-02, TTM 19-04 (82853), TRH 19-05, and TRE 19-23 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. 11