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HomeMy WebLinkAbout2035RESOLUTION NO. 2035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP NO. TPM 18-08 (71642) AND A PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC AM 19-01 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO SUBDIVIDE A PARCEL INTO TWO (2) SEPARATE LOTS WITH SUBSTANDARD LOT WIDTHS AT 225 E. LONGDEN AVENUE WHEREAS, on December 13, 2018, Twen Ma, on behalf of the property owners, Bin Hu and Junli Xiong, submitted Tentative Parcel Map No. TPM 18-08 (71642) to subdivide a single-family zoned parcel into two (2) separate legal lots with substandard lot widths at 225 E. Longden Avenue, then on April 15, 2019, filed Planning Commission Administrative Modification No. PC AM 19-01 (the subdivision application and administrative modification are hereafter individually and collectively referred to as the "Project'); and WHEREAS, on July 26, 2011, the Planning Commission approved Tentative Parcel Map Application No. TPM 11-03 (71642) to subdivide a single-family zoned parcel into two (2) separate legal lots with substandard lot widths at 225 E. Longden Avenue. The final map was not submitted to the City within four years (this includes a two year automatic extension) and the map officially expired on August 5, 2015; and WHEREAS, on July 31, 2019, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA"), and recommends that the Planning Commission determine the Project is Categorically Exempt under CEQA Section 15315 and Section 15332 as an infill development that would be permitted under this subdivision in an urbanized area; 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 will be in compliance with the Low Density Single -Family Residential of the General Plan designation and the Single -Family Low Density Residential zoning of the subject site. In particular, the subdivision will comply with Land Use 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. The two lots will remain as single-family residential zoned lots. The proposed subdivision with the reduced lot widths will be consistent with the Subdivision Map Act and the City's Development Code. B. The site is physically suitable for the type and proposed density of development. FACT: The site is suitable to create two new lots and they will be consistent in terms of lot dimensions and area with the other lots along E. Longden Avenue and 2 2035 within this existing tract development. Having two lots rather than one larger parcel is more appropriate for future development within this single-family residential area. The Project will comply with the density for this site, which allows up to six (6) dwelling units per acre. Therefore, the Project meets the intent of this finding. 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 subject site was developed with a single-family home within an established residential neighborhood, and within an urbanized area. Therefore, the Project would not cause any substantial environmental damage to any fish or wildlife 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 Project is not likely to cause serious public health or safety problems. The Project proposes to subdivide a parcel into two lots. The Project has been reviewed by various City Departments including Public Works Services Department 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 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 3 2035 acquired easements for access through or use of property within the proposed subdivision). FACT: There are no easements required from the subdivision that require the public at large to access through. Therefore, the Project and any future development of the sites will not conflict with any such easements. 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 Project will result in the creation of two single-family residential zoned lots within an established single-family neighborhood. The site is already served by the City's existing infrastructure. Therefore, no upgrades or new infrastructure is required and the Project will not result in a violation of the California Regional Water Quality Control Board's requirements. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities. FACT: The Project will allow for the opportunity for any future development on these two lots to incorporate passive or natural heating and cooling opportunities. 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 Project is consistent with the City's Subdivision Division of the Arcadia Development Code, General Plan, and Subdivision Map Act. 4 2035 I. Development Code Section 9105.09.030 allows a modification to lot area, depth, and width requirements for new parcels. Pursuant to Section 9107.05.050(6) of the Development Code, at least one of the following findings must be met in order to approve the subject modification request: secure an appropriate improvement of a lot, prevent an unreasonable hardship, or promote uniformity of development. FACT: The Project will promote uniformity of development and allow for an appropriate improvement of the two new lots. Given that there are seven other lots along E. Longden Avenue that have substandard lot widths that range from approximately 62 feet to 66, the proposed lot widths from 75 feet to 68.21 will continue to promote uniformity with the other lots within the same tract development. Furthermore, the existing land -use pattern within this tract development currently has lots with substandard lot widths. Therefore, reducing the lot width and subdividing the large parcel into two lots will make future development more compatible with the other homes on the street. SECTION 3. This Project is exempt from the California Environmental Quality Act (CEQA) per Section 15315 and Section 15332 of the CEQA Guidelines as an infill development that would be permitted under this subdivision in an urbanized area. 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. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Exempt per Sections 15315 and 15332 of the CEQA Guidelines and approves Tentative Parcel Map No. TPM 18-08 (71642) and Planning Commission Administrative Modification No. PC AM 19-01 to subdivide a single-family zoned parcel 5 2035 into two (2) lots with substandard lot widths at 225 E. Longden Avenue, 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 10th day of September, 2019. ATTEST: N� Lisa L. FI s Secretary APPROVED AS TO FORM: Steph n P. Deitsch City Attorney Chair, Planning Commission 6 2035 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. 2040 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 10th day of September, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, Vice Chair Wilander, and Commissioners Chan, Lin, and Thompson NOES: None ABSENT: None Lisa L. Flores Secretary of the Planning Commission 7 RESOLUTION NO. 2035 Conditions of Approval 1. The Applicant/Property owner shall be required to pay the following fees prior to approval of the Final Parcel Map: Map Fee $100.00 Final Approval Fee (2 lots @ $25.00 ea.) $ 50.00 TOTAL: $150.00 2. As part of the future development of the two lots, all City code requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Adminsitrator, Fire Marshal, and Public Works Services Director, or designees. 3. 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. 4. Approval of TPM 18-08 (71642) and PC AM 19-01 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. 8 2035